[Congressional Record Volume 154, Number 94 (Monday, June 9, 2008)]
[House]
[Pages H5059-H5060]
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 Senate bill (S. 2516) to assist members of the Armed 
Forces in obtaining United States citizenship, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2516

       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 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 (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 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.

[[Page H5060]]

  Mr. Speaker, S. 2516, the Kendell Frederick Citizenship Assistant 
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 years old 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 USCIS failed to route his application to the unit that 
processes naturalization applications for members of the military. The 
gentleman then rejected his application for failure to pay an 
application fee even though active military personnel applying for U.S. 
citizenship are not required to pay that fee.
  Next, the agency directed Specialist Frederick to get his 
fingerprints taken in Maryland despite the obvious fact that he was 
deployed in Iraq at the time. Besides, he had recently had his 
fingerprints taken as part of his background check when he enlisted in 
the Army Reserve.
  But when his mother called the agency's help line, she was told that 
nothing could be done.
  Finally, 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 by his own government, Specialist Frederick was 
forced to travel on a convoy to a base where he could get his 
fingerprints taken again 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.
  S. 2516 would remove unnecessary procedural hurdles like the ones 
Specialist Frederick faced for naturalization applications currently or 
recently serving in the military. Most importantly, it directs Homeland 
Security to accept fingerprints taken at the time of enlistment as long 
as they are otherwise acceptable.
  The House has already passed legislation similar to S. 2516. It was 
introduced by Representative Elijah Cummings. It was H.R. 2884, the 
Kendell Frederick Citizenship Act, and passed the House by voice vote 
on November 6 of last year. There are a few minor differences between 
the House-passed bill and the Senate bill, but both accomplish the goal 
of removing these bureaucratic hurdles to our soldiers becoming U.S. 
citizens.
  Therefore, I ask that my colleagues support the passage of this bill 
so that we can get the bill to the President and signed into law as 
quickly as possible.
  Approximately 45,000 lawful permanent residents are currently serving 
in our Armed Forces. More than 35,000 noncitizen members of the 
military have applied for U.S. citizenship since 2002.
  This bill is an excellent measure that will help ensure that from now 
on American soldiers do not face some unnecessary, unreasonable hurdles 
to American citizenship that cost Specialist Frederick his life. Much 
more needs to be done to assist America's soldiers with their hassles 
with our immigration system. But this bill is a good first step, and I 
urge my colleagues to support it.
  I reserve the balance of my time.
  Mr. KING of Iowa. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, Specialist Kendall Frederick was a 21-year-old U.S. Army 
soldier serving in Iraq who 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 I would 
point out there are increasing numbers of high schools that have denied 
ROTC presence on their campus. Not the case for Specialist Frederick 
and we are thankful.
  He joined the Army after he graduated. On October 19, 2005, he was 
tragically killed by a roadside bomb while traveling in a convoy to a 
base. He was granted U.S. citizenship posthumously, but he never knew 
he was an American citizen. Tragically, the very reason that he was in 
that convoy that day was to get fingerprinted in order to achieve his 
dream.
  We know that Kendell Frederick wanted to be an American citizen but 
bureaucracy stood in his way. He had been trying to become an American 
citizen for over a year, Mr. Speaker, 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.
  While 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, it's a USCIS unit, United States Citizenship 
and Immigration Services hotline for immigration assistance, and tried 
to explain that he was fighting in a war and was, I should say, tied up 
at the time, as John McCain might say, he could not come home to 
Baltimore to be fingerprinted so she was told that there was nothing 
they could do.
  This is wrong and this is intolerable that our soldiers are unable to 
get correct information, Mr. Speaker. They should be given every 
possible assistance in applying for citizenship.
  Last year, the House passed H.R. 2884 which provides that a soldier 
who submits a naturalization application within 24 months of enlistment 
can have that application processed using the fingerprints that were 
taken at the time of his enlistment. I supported that bill then which 
was designed to and does honor Specialist Frederick and all of our 
lawful permanent resident servicemembers.
  Today we're considering S. 2516 which is a bill the Senate passed 
that makes a few technical changes to H.R. 2884. I urge my colleagues 
to support this bill. It has taken us some time to get this resolved. I 
trust it will be resolved today in this House, Mr. Speaker, and done so 
with great gratitude from this Congress and the United States people to 
Specialist Kendell Frederick and to all of those who have given their 
lives and parts of their lives and some their limbs for the freedom of 
this great country.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Ms. ZOE LOFGREN of California. 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 Senate bill, S. 2516.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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