[Congressional Record Volume 153, Number 171 (Tuesday, November 6, 2007)]
[House]
[Pages H12771-H12773]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT

  Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the 
rules and pass the bill (H.R. 2884) to assist members of the Armed 
Forces in obtaining United States citizenship, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2884

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kendell Frederick 
     Citizenship Assistance Act''.

     SEC. 2. FINGERPRINTS FOR MEMBERS OF ARMED FORCES.

       (a) In General.--Notwithstanding any other provision of 
     law, including section 552a of title 5, United States Code 
     (commonly referred to as the ``Privacy Act of 1974''), the 
     Secretary of Homeland Security shall use the fingerprints 
     provided by an individual at the time the individual enlisted 
     in the Armed Forces to satisfy any requirement for 
     fingerprints that is part of an application for 
     naturalization if--
       (1) the individual may be naturalized pursuant to section 
     328 or 329 of the Immigration and Nationality Act (8 U.S.C. 
     1439-1440);
       (2) the individual was fingerprinted in accordance with the 
     requirements of the Department of Defense at the time the 
     individual enlisted in the Armed Forces;
       (3) the individual submits an application for 
     naturalization not later than 24 months after the date on 
     which the individual enlisted in the Armed Forces; and
       (4) the Secretary of Homeland Security determines that the 
     fingerprints are sufficient to adjudicate the applicant's 
     naturalization application.
       (b) Most Timely and Effective Adjudication.--Nothing in 
     this section shall preclude an individual described in 
     subsection (a) from submitting new fingerprints to the 
     Secretary of Homeland Security. If the Secretary of Homeland 
     Security determines that submitting new fingerprints would 
     result in more timely and effective adjudication of the 
     individual's naturalization application, the Secretary shall 
     inform the individual that submitting new fingerprints would 
     result in more timely and effective adjudication of the 
     individual's naturalization application, along with a 
     description of how to submit new fingerprints.
       (c) Cooperation.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Defense, shall determine 
     the format of fingerprints acceptable for usage under 
     subsection (a). The Secretary of Defense, or any other 
     official having custody of the fingerprints referred to in 
     subsection (a), shall make such prints available to the 
     Secretary of Homeland Security for the purpose described in 
     subsection (a) without charge and shall otherwise cooperate 
     with the Secretary of Homeland Security in fulfilling the 
     Secretary's satisfaction of the requirement under subsection 
     (a).

     SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.

       (a) In General.--Not later than 30 days after the effective 
     date of any modification to a regulation related to 
     naturalization under section 328 or 329 of the Immigration 
     and Nationality Act (8 U.S.C. 1439-1440), the Secretary of 
     Homeland Security shall update as necessary the appropriate 
     Internet site or sites maintained by the Secretary to reflect 
     such modification.
       (b) Sense of Congress.--It is the sense of the Congress 
     that the Secretary of Homeland Security should update as 
     necessary the appropriate application form or forms 
     promulgated by the Secretary not later than 180 days after an 
     effective date described in subsection (a).

     SEC. 4. REPORTS.

       (a) Adjudication Process.--Not later than 120 days after 
     the date of the enactment of this Act, the Comptroller 
     General of the United States shall submit to the appropriate 
     congressional committees a report on the entire process for 
     the adjudication of an application for naturalization filed 
     pursuant to section 328 or 329 of the Immigration and 
     Nationality Act (8 U.S.C. 1439-1440), including the process 
     that begins at the time the application is mailed to, or 
     received by, the Secretary of Homeland Security, regardless 
     of whether the Secretary determines that such application is 
     complete, through the final disposition of such application. 
     Such report shall include a description of--
       (1) the methods of the Secretary of Homeland Security and 
     the Secretary of Defense to prepare, handle, and adjudicate 
     such applications;

[[Page H12772]]

       (2) the effectiveness of the chain of authority, 
     supervision, and training of employees of the Federal 
     Government or of other entities, including contract 
     employees, who have any role in such process or adjudication; 
     and
       (3) the ability of the Secretary of Homeland Security and 
     the Secretary of Defense to use technology to facilitate or 
     accomplish any aspect of such process or adjudication.
       (b) Implementation.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation of this Act by 
     the Secretary of Homeland Security and the Secretary of 
     Defense, including studying any technology that may be used 
     to improve the efficiency of the naturalization process for 
     members of the Armed Forces.
       (2) Report.--Not later than 180 days after the date that 
     the Comptroller General submits the report required by 
     subsection (a), the Comptroller General shall submit to the 
     appropriate congressional committees a report on the study 
     required by paragraph (1). The report shall include any 
     recommendations of the Comptroller General for improving the 
     implementation of this Act by the Secretary of Homeland 
     Security or the Secretary of Defense.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     the Judiciary of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     the Judiciary of the House of Representatives.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Iowa (Mr. King) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time 
as I may consume.
  H.R. 2884, the Kendell Frederick Citizenship Assistance Act, pays 
tribute to the memory of 21-year-old Army Reserve Specialist Kendell K. 
Frederick, who was killed in Iraq while attempting to become an 
American citizen.
  Specialist Frederick was born in Trinidad and immigrated to the 
United States when he was 15 to join his mother, stepfather, and two 
sisters. He attended Randallstown Senior High in Baltimore County, 
Maryland, where he joined the school's ROTC program. Specialist 
Frederick enlisted in the Army Reserve in his senior year and was 
deployed to Iraq in December of 2004. As he was serving our country, 
Specialist Frederick sought to apply for U.S. citizenship; yet one 
bureaucratic hurdle after another delayed his application.
  First, the U.S. Citizenship and Immigration Service failed to route 
his application to the unit that processed naturalization applications 
for members of the military. That agency then rejected his application 
for failure to pay an application filing fee, despite the fact that 
active military personnel applying for U.S. citizenship do not need to 
pay a filing fee.
  Thereafter, this agency directed Specialist Frederick to get his 
fingerprints taken in Maryland, despite the obvious fact that he was 
deployed in Iraq at the time. Also, he had recently had his 
fingerprints taken and undergone a background check when he enlisted in 
the Army Reserve. When his mother called the agency's ``help line,'' 
she was told that there was nothing that could be done.
  After trying for more than a year to become a U.S. citizen and having 
his application rejected and delayed as a result of various 
bureaucratic failings, Specialist Frederick was forced to travel on a 
convoy to a base where he could get his fingerprints taken for his 
naturalization application. Tragically, he was killed en route by a 
roadside bomb. Specialist Frederick was posthumously granted U.S. 
citizenship a week after his death.
  H.R. 2884 would remove unnecessary procedural hurdles like the one 
Specialist Frederick faced for naturalization applicants who are 
serving or who have recently served in the military. It would require 
the Department of Homeland Security to use the fingerprints provided by 
military naturalization applicants at the time of their enlistment in 
the Armed Forces if the applicants were fingerprinted in accordance 
with DOD requirements, if the naturalization applications are filed 
within 24 months of enlistment, and if the fingerprints are deemed 
sufficient by the Department of Homeland Security for naturalization 
purposes.
  The bill would require DHS to inform a member of the armed services 
applying for naturalization when submitting new fingerprints would 
result in a more timely and effective adjudication of the 
naturalization application along with the description of how to submit 
the new fingerprints.
  It would also ensure that the DOD complies with the requirements of 
this bill so that fingerprints they hold are sent to DHS. It would 
clarify the time frame in which DHS is required to publicize changes in 
regulations and forms regarding the naturalization of members of the 
Armed Forces. And, finally, it would promote accountability by 
requiring the GAO to report on the naturalization process for Armed 
Forces members.
  Approximately 35,000 lawful permanent residents are currently serving 
in our Armed Forces. More than 13,000 noncitizen members of the 
military have applied for U.S. citizenship since 2002.
  This is an excellent bill that will help ensure that from now on, 
American soldiers do not face the kinds of unnecessary and unreasonable 
hurdles to American citizenship that cost Specialist Frederick his 
life.
  I urge my colleagues to support the bill and would note that this was 
passed unanimously out of the House Judiciary Committee. I urge my 
colleagues, again, to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KING of Iowa. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Specialist Kendell Frederick was a 21-year-old U.S. Army 
soldier serving in Iraq. He dreamed of becoming an American citizen. He 
was born in Trinidad and came to this country when he was 15 years old. 
Specialist Frederick joined ROTC while in high school, and he joined 
the Army after he graduated.
  I want to make the point about how important ROTC is in the 
recruitment of our military personnel and having that available at the 
high school and also at the college level. And I reflect, as mention 
was made in the previous debate about the Purple Heart and George 
Washington, the historians that I talk to point out to me that George 
Washington most likely received his commission to command the 
Continental Army outside the gates of Harvard near the commons. And 
it's interesting also that the ROTC recruiters aren't allowed on that 
campus. But they were allowed on the campus that recruited Specialist 
Kendell Frederick.
  On October 19, 2005, very sadly, Kendell Frederick was killed by a 
roadside bomb while traveling in a convoy to a base. He was granted 
U.S. citizenship posthumously, but he never knew that he was an 
American citizen. Tragically, the very reason that he was in the convoy 
that day was to get fingerprinted in order to achieve his dream of 
citizenship.
  He had been trying to become an American citizen for over a year, 
having started the process while he was in training. His mother and his 
sergeant in Iraq tried to help him, but they didn't know the rules. His 
efforts to become a citizen were thwarted by bureaucratic 
misinformation and other obstacles.
  Although he was fighting for our country in Iraq, he was told that he 
had to have his fingerprints retaken in Maryland. When his mother 
called 1-800-IMMIGRATION, a USCIS, that is, U.S. Citizenship and 
Immigration Services, hotline for immigration assistance and tried to 
explain that he was fighting in the war and could not come home to 
Baltimore to be fingerprinted, she was told that there was nothing that 
they could do. Not a very good answer from a government that has people 
who put their lives on the line for our freedom.
  This is wrong, Mr. Speaker. And it is intolerable that our soldiers 
are unable to get correct information, particularly with regard to the 
citizenship that they fight to defend. They should be given every 
possible assistance in applying for citizenship.
  H.R. 2884 provides that a soldier who submits a naturalization 
application

[[Page H12773]]

within 24 months of enlistment can have that application process using 
the fingerprints that were taken at the time of enlistment. This is a 
very simple, very commonsense solution, and it's too bad that Congress 
has to take action on this to get this kind of a thing done, but it is 
dealt with the kind of compassion for patriotism that I think reflects 
the Members of this Congress, both sides of the aisle, and the people 
of this country.
  Mr. Speaker, I am pleased to support H.R. 2884 to honor Specialist 
Frederick and all of our permanent resident servicemembers who seek 
citizenship.

                              {time}  1315

  I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would like to recognize 
the author of this bill, the gentleman from Maryland (Mr. Cummings), 
for 5 minutes.
  Mr. CUMMINGS. To Chairwoman Lofgren, I want to thank you for your 
leadership. And certainly to Chairman Conyers and the ranking member 
and ranking member of the subcommittee, I want to thank all of you for 
getting this bill to the floor. Finally, I want to thank the 
professional staff on the Judiciary Subcommittee on Immigration for 
working so diligently with my staff to bring this legislation again to 
the floor of the House.
  Mr. Speaker, the Kendell Frederick Citizenship Assistance Act truly 
is a step towards correcting and honoring our non-citizen 
servicemembers, many of whom continue to serve in Iraq and Afghanistan. 
It is appropriate, therefore, that we consider this legislation as we 
approach Veterans Day, honoring all who have risked their lives to 
protect our own.
  I introduced the Kendell Frederick Citizenship Assistance Act to 
ensure that those who are willing to fight relentlessly on the 
battlefield to protect our great Nation do not have to also battle 
through a drawn-out citizenship process. Specifically, H.R. 2884 will 
assist our noncitizen servicemen and -women on the road to citizenship 
by making the following needed adjustments:
  Requiring the United States Department of Homeland Security to use 
the fingerprints taken by the Defense Department at induction for 
citizen applications;
  Requiring noncitizen military servicemembers to submit their 
citizenship applications within 24 hours of enlistment;
  Requiring the Department of Defense and DHS to determine a single 
acceptable format for fingerprint submission;
  Requiring DHS to update appropriate application forms for 
naturalization, the instruction and guidebook for obtaining 
naturalization, and the DHS Web site when naturalization procedures 
pertaining to members of the Armed Forces are changed; and
  Ensuring efficiency and accountability to Congress by requiring the 
Government Accountability Office to report on DHS's training of 
personnel, methods and effectiveness in adjudicating applications by 
members of the Armed Forces.
  Mr. Speaker, this legislation honors the memory of a young man from 
my district, 21-year-old Army Reserve Specialist Kendell K. Frederick. 
He was a resident of Baltimore County and a native of Trinidad who was 
stationed in Iraq and died while trying to journey to another post in 
order to meet the citizenship application fingerprinting requirement. 
In other words, if he didn't have to go through the changes that he 
went through, he probably would still be with us today. And one of the 
interesting things that was mentioned a little bit earlier, he was part 
of the ROTC process, but he was also a young man, when he entered the 
military, he entered and made agreement to serve in the military for 8 
years. I mean, even knowing that there was a war going on, he bravely 
said, I want to serve my country. And he claimed this as his country 
and still went out there and fought, but he wasn't even a citizen yet 
of our country.
  Namely, after trying for more than a year to become a citizen and 
having his application delayed at least five times due to 
miscommunication and misinformation in processing his fingerprints, 
keep in mind the reason why he was killed was he was on his way trying 
to get his fingerprints done over there in Iraq, Specialist Frederick 
had no choice but to travel with a convoy to a base to resolve this 
issue. Unfortunately, he was killed on the way by a roadside bomb, 
never realizing his dream of becoming an American citizen. And the 
interesting thing is that he was in the last vehicle of the convoy.
  Mr. Speaker, Specialist Frederick embraced a Nation that had failed 
to fully embrace him by honoring him with citizenship during his 
lifetime. And it's interesting I think that it was a day or so after he 
died, then they gave him citizenship. That is why I urge my colleagues 
to vote in favor of H.R. 2884 to make certain that no other soldier who 
wants to be a citizen will have to jump through unnecessary 
bureaucratic hoops. These outstanding noncitizen soldiers such as 
Specialist Frederick have made the choice to give voluntarily to our 
Nation by fighting the terrorist groups that threaten us, putting their 
lives on the line, sacrificing their blood, their sweat, their tears, 
and their lives.
  I urge my colleagues to please vote in favor of this legislation. I 
know his mother is watching, and I know that she will be very moved. 
This is something that has been a long journey for her. And with that, 
I thank the gentlelady for your courtesy.
  Mr. KING of Iowa. Mr. Speaker I yield myself such time as I may 
consume just for a brief conclusion for this.
  I want to thank my colleagues for their work on this. I thank the 
gentleman for coming to the floor to speak up and speak on behalf of 
Kendell Frederick and the memory and the legacy that he leaves here for 
us in this country; one of many who stepped forward to defend this 
country; one of, tragically, too many who lost their lives. And his 
life has contributed in a number of ways, one of them being the freedom 
that he helped to protect and the safety and security of the American 
people, and another, always this legacy of this bureaucratic snafu that 
will, I pray, forever be straightened out by this bill, the Kendell 
Frederick bill.
  So I urge adoption of this bill, and I thank my colleagues.
  Mr. Speaker, I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would just close by 
noting that the mishandling of this application is just infuriating to 
read through what happened and to have lost this young man who 
volunteered for our service in such a way is so distressful. But I 
think we can take a stand by supporting this bill named in Kendell 
Frederick's honor to make sure this does not happen to another 
serviceman or servicewoman and also that his family can know that in 
addition to serving in Iraq, he served as a model for a change in the 
law and that they may take some comfort with that.
  So I urge passage of the bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the bill, H.R. 2884, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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