[Congressional Record (Bound Edition), Volume 154 (2008), Part 3]
[Senate]
[Pages 3816-3817]
[From the U.S. 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.

[[Page 3817]]

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 (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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