[Congressional Record (Bound Edition), Volume 154 (2008), Part 15]
[Senate]
[Pages 20795-20796]
[From the U.S. Government Publishing Office, www.gpo.gov]




             MILITARY PERSONNEL CITIZENSHIP PROCESSING ACT

  Mr. SALAZAR. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 936, S. 2840.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2840) to establish a liaison with the Federal 
     Bureau of Investigation in the United States Citizenship and 
     Immigration Services to expedite naturalization applications 
     filed by members of the Armed Forces and to establish a 
     deadline for processing such applications.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

                                S. 2840

       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 ``Military Personnel 
     Citizenship Processing Act''.

     SEC. 2. OFFICE OF THE FBI LIAISON.

       (a) Establishment.--Section 451 of the Homeland Security 
     Act of 2002 (6 U.S.C. 271) is amended by adding at the end 
     the following:
       ``(g) Office of the FBI Liaison.--
       ``(1) In general.--There shall be an Office of the FBI 
     Liaison in the Department of Homeland Security.
       ``(2) Functions.--The Office of the FBI Liaison shall 
     monitor the progress of the functions of the Federal Bureau 
     of Investigation in the naturalization process to assist in 
     the expeditious completion of all such functions pertaining 
     to naturalization applications filed by, or on behalf of--
       ``(A) current or former members of the Armed Forces under 
     section 328 or 329 of the Immigration and Nationality Act (8 
     U.S.C. 1439 and 1440);
       ``(B) current spouses of United States citizens who are 
     currently serving on active duty in the Armed Forces, who 
     qualify for naturalization under section 319(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1430(b)), and 
     surviving spouses and children who qualify for naturalization 
     under section 319(d) of such Act; or
       ``(C) a deceased individual who is eligible for posthumous 
     citizenship under section 329A of the Immigration and 
     Nationality Act (8 U.S.C. 1440-1).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection.''.
       (b) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Attorney General, shall 
     promulgate rules to carry out the amendment made by 
     subsection (a).

     SEC. 3. DEADLINE FOR PROCESSING AND ADJUDICATING 
                   NATURALIZATION APPLICATIONS FILED BY CURRENT OR 
                   FORMER MEMBERS OF THE ARMED FORCES AND THEIR 
                   SPOUSES AND CHILDREN.

       (a) In General.--Section 328 of the Immigration and 
     Nationality Act (8 U.S.C. 1439) is amended by adding at the 
     end the following:

[[Page 20796]]

       ``(g) Not later than 6 months after receiving an 
     application for naturalization filed by a current member of 
     the Armed Forces under subsection (a), section 329(a), or 
     section 329A, by the spouse of such member under section 
     319(b), or by a surviving spouse or child under section 
     319(d), United States Citizenship and Immigration Services 
     shall--
       ``(1) process and adjudicate the application, including 
     completing all required background checks to the satisfaction 
     of the Secretary of Homeland Security; or
       ``(2) provide the applicant with--
       ``(A) an explanation for its inability to meet the 
     processing and adjudication deadline under this subsection; 
     and
       ``(B) an estimate of the date by which the application will 
     be processed and adjudicated.
       ``(h) The Director of United States Citizenship and 
     Immigration Services shall submit an annual report to the 
     Subcommittee on Immigration, Border Security, and Refugees 
     and the Subcommittee on Homeland Security of the Senate and 
     the Subcommittee on Immigration, Citizenship, Refugees, 
     Border Security, and International Law and the Subcommittee 
     on Homeland Security of the House of Representatives that 
     identifies every application filed under subsection (a), 
     subsection (b) or (d) of section 319, section 329(a), or 
     section 329A that is not processed and adjudicated within 1 
     year after it was filed due to delays in conducting required 
     background checks.''.
       (b) GAO Report.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit a report to Congress that contains the results of a 
     study regarding the average length of time taken by United 
     States Citizenship and Immigration Services to process and 
     adjudicate applications for naturalization filed by members 
     of the Armed Forces, deceased members of the Armed Forces, 
     and their spouses and children.

     SEC. 4. SUNSET PROVISION.

       This Act and the amendments made by this Act are repealed 
     on the date that is 5 years after the date of the enactment 
     of this Act.

  Mr. SALAZAR. I ask unanimous consent that the committee substitute be 
agreed to, the bill, as amended, be read a third time and passed, the 
motions to reconsider be laid upon 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 committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2840), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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