[Congressional Record Volume 154, Number 41 (Tuesday, March 11, 2008)]
[Senate]
[Pages S1891-S1892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT
Mr. BROWN. I ask unanimous consent that the Judiciary Committee be
discharged from further consideration of S. 2516 and the Senate proceed
to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 2516) to assist members of the Armed Forces in
obtaining United States citizenship, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I appreciate Senator Mikulski's commitment
to helping those dedicated men and women who are not yet U.S. citizens
but who have served all Americans as members of the Armed Forces.
Easing the path to citizenship by removing duplicative procedures for
these dedicated men and women is the right thing to do, and I am glad
to support Senator Mikulski's efforts.
However, I also wish to note my concern with inclusion of language in
the bill, at the administration's behest, that appears to anticipate a
future expansion of the collection of biometric information from
individuals who seek to become naturalized citizens or who seek other
immigration benefits. In light of the purpose of Senator Mikulski's
bill, which is to streamline the naturalization procedures for legal
permanent residents serving in the military, it would make little sense
to place additional obstacles in the path of those who have made the
ultimate commitment to the United States.
I also register this concern to make clear that the language in this
bill with respect to biometric information should in no way be
misconstrued as authority for the administration to unilaterally expand
the type of biometric information beyond what is currently required to
obtain immigration benefits from the U.S. government. Federal
immigration law is the province of the Congress, and Congress retains
the sole power to determine the extent of rulemaking authority afforded
to Federal immigration agencies. The involvement of Congress in these
decisions is crucial to ensure that the procedures by which we admit or
deny individuals entry to the United States take into account the
interests of privacy, and are faithful to the welcoming traditions by
which our nation has prospered. Only Congress can provide the
deliberative, democratic process necessary to ensure that any future
requirements are consistent with American values.
We all recognize the need for robust security at our borders. But
over the last 7 years, the reputation of the United States as a
welcoming nation has been diminished as a result of often misguided
policies that take a reactionary, blunt, and hostile approach to
immigration. The administration has met its failure to enact meaningful
immigration reform with layer upon layer of security initiatives that
in some cases do little more than foreclose the promise of our great
Nation for so many who seek opportunity, advancement, or refuge.
America's security now and in the future demands more than border walls
and punitive, enforcement-only immigration policies. Our future
security, as well as our future prosperity, depends upon the balance
that has been absent for so long.
Mr. BROWN. I ask unanimous consent that the Mikulski substitute
amendment, which is at the desk, be agreed to; the bill, as amended, be
read a third time and passed; the motions to reconsider be laid on the
table, with no intervening action or debate and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4177) was agreed to as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick
Citizenship Assistance Act''.
SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR
MEMBERS OF THE UNITED STATES 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 United States Armed Forces, or at the time the
individual filed an application for adjustment of status, to
satisfy any requirement for background and security checks in
connection with 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 and provided other
biometric information in accordance with the requirements of
the Department of Defense at the time the individual enlisted
in the United States Armed Forces;
(3) the individual--
(A) submitted an application for naturalization not later
than 24 months after the date on which the individual
enlisted in the United States Armed Forces; or
(B) provided the required biometric information to the
Department of Homeland Security through a United States
Citizenship and Immigration Services Application Support
Center at the time of the individual's application for
adjustment of status if filed not later than 24 months after
the date on which the individual enlisted in the United
States Armed Forces; and
(4) the Secretary of Homeland Security determines that the
biometric information provided, including fingerprints, is
sufficient to conduct the required background and security
checks needed for the applicant's naturalization application.
(b) More Timely and Effective Adjudication.--Nothing in
this section precludes an individual described in subsection
(a) from submitting a new set of biometric information,
including fingerprints, to the Secretary of Homeland Security
with an application for naturalization. If the Secretary
determines that submitting a new set of biometric
information, including fingerprints, would result in more
timely and effective adjudication of the individual's
naturalization application, the Secretary shall--
(1) inform the individual of such determination; and
(2) provide the individual with a description of how to
submit such biometric information, including fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall determine
the format of biometric information, including fingerprints,
acceptable for usage under subsection (a). The Secretary of
Defense, or any other official having custody of the
biometric information, including fingerprints, referred to in
subsection (a), shall--
(1) make such prints available, without charge, to the
Secretary of Homeland Security for the purpose described in
subsection (a); and
(2) otherwise cooperate with the Secretary of Homeland
Security to facilitate the processing of applications for
naturalization under subsection (a).
(d) Electronic Transmission.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Homeland Security shall, in coordination with the Secretary
of Defense and the Director of the Federal Bureau of
Investigation, implement procedures that will ensure the
rapid electronic transmission of biometric information,
including fingerprints, from existing repositories of such
information needed for military personnel applying for
naturalization as described in subsection (a) and that will
safeguard privacy and civil liberties.
(e) Centralization and Expedited Processing.--
(1) Centralization.--The Secretary of Homeland Security
shall centralize the data processing of all applications for
naturalization filed by members of the United States Armed
Forces on active duty serving abroad.
(2) Expedited processing.--The Secretary of Homeland
Security, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence
shall take appropriate actions to ensure that applications
for naturalization by members of the United States Armed
Forces described in paragraph
[[Page S1892]]
(1), and associated background checks, receive expedited
processing and are adjudicated within 180 days of the receipt
of responses to all background checks.
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 make appropriate updates to the
Internet sites maintained by the Secretary to reflect such
modification.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Homeland Security, not later than 180 days
after each effective date described in subsection (a), should
make necessary updates to the appropriate application forms
of the Department of Homeland Security.
SEC. 4. REPORTS.
(a) Adjudication Process.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees 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--
(A) begins at the time the application is mailed to, or
received by, the Secretary, regardless of whether the
Secretary determines that such application is complete; and
(B) ends on the date of the final disposition of such
application.
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the methods used by the Secretary of Homeland Security
and the Secretary of Defense to prepare, handle, and
adjudicate such applications;
(B) 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
(C) 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 and to
safeguard privacy and civil liberties
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
and the Inspector General of the Department of Homeland
Security shall conduct a study on the implementation of this
Act by the Secretary of Homeland Security and the Secretary
of Defense, including an assessment of any technology that
may be used to improve the efficiency of the naturalization
process for members of the United States Armed Forces and an
assessment of the impact of this Act on privacy and civil
liberties.
(2) Report.--Not later than 180 days after the date on
which the Secretary of Homeland Security submits the report
required under subsection (a), the Comptroller General and
the Inspector General shall submit a report to the
appropriate congressional committees on the study required by
paragraph (1) that includes recommendations for improving the
implementation of this Act.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Armed Services of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
The bill (S. 2516), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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