[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.
____________________