[House Report 110-429]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-429

======================================================================



 
              KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT

                                _______
                                

November 6, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2884]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2884) to assist members of the Armed Forces in obtaining 
United States citizenship, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     6
Constitutional Authority Statement...............................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                             The Amendment

  The amendment is as follows:
  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 FOR MEMBERS OF 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 Armed Forces to satisfy any 
requirement for fingerprints that is part of 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 in accordance with the 
        requirements of the Department of Defense at the time the 
        individual enlisted in the Armed Forces;
          (3) the individual submits an application for naturalization 
        not later than 24 months after the date on which the individual 
        enlisted in the Armed Forces; and
          (4) the Secretary of Homeland Security determines that the 
        fingerprints are sufficient to adjudicate the applicant's 
        naturalization application.
  (b) Most Timely and Effective Adjudication.--Nothing in this section 
shall preclude an individual described in subsection (a) from 
submitting new fingerprints to the Secretary of Homeland Security. If 
the Secretary of Homeland Security determines that submitting new 
fingerprints would result in more timely and effective adjudication of 
the individual's naturalization application, the Secretary shall inform 
the individual that submitting new fingerprints would result in more 
timely and effective adjudication of the individual's naturalization 
application, along with a description of how to submit new 
fingerprints.
  (c) Cooperation.--The Secretary of Homeland Security, in consultation 
with the Secretary of Defense, shall determine the format of 
fingerprints acceptable for usage under subsection (a). The Secretary 
of Defense, or any other official having custody of the fingerprints 
referred to in subsection (a), shall make such prints available to the 
Secretary of Homeland Security for the purpose described in subsection 
(a) without charge and shall otherwise cooperate with the Secretary of 
Homeland Security in fulfilling the Secretary's satisfaction of the 
requirement under subsection (a).

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 update as 
necessary the appropriate Internet site or sites maintained by the 
Secretary to reflect such modification.
  (b) Sense of Congress.--It is the sense of the Congress that the 
Secretary of Homeland Security should update as necessary the 
appropriate application form or forms promulgated by the Secretary not 
later than 180 days after an effective date described in subsection 
(a).

SEC. 4. REPORTS.

  (a) Adjudication Process.--Not later than 120 days after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report 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 
begins at the time the application is mailed to, or received by, the 
Secretary of Homeland Security, regardless of whether the Secretary 
determines that such application is complete, through the final 
disposition of such application. Such report shall include a 
description of--
          (1) the methods of the Secretary of Homeland Security and the 
        Secretary of Defense to prepare, handle, and adjudicate such 
        applications;
          (2) 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
          (3) 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.
    (b) Implementation.--
          (1) Study.--The Comptroller General of the United States 
        shall conduct a study on the implementation of this Act by the 
        Secretary of Homeland Security and the Secretary of Defense, 
        including studying any technology that may be used to improve 
        the efficiency of the naturalization process for members of the 
        Armed Forces.
          (2) Report.--Not later than 180 days after the date that the 
        Comptroller General submits the report required by subsection 
        (a), the Comptroller General shall submit to the appropriate 
        congressional committees a report on the study required by 
        paragraph (1). The report shall include any recommendations of 
        the Comptroller General for improving the implementation of 
        this Act by the Secretary of Homeland Security or the Secretary 
        of Defense.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
          (1) the Committee on Armed Services and the Committee on the 
        Judiciary of the Senate; and
          (2) the Committee on Armed Services and the Committee on the 
        Judiciary of the House of Representatives.

                          Purpose and Summary

    Currently, fingerprints that an individual must supply in 
order to enlist in the Armed Services are not accepted by the 
Department of Homeland Security (DHS) for naturalization 
purposes. H.R. 2884 addresses this problem by requiring DHS to 
use such fingerprints for naturalization purposes if they are 
sufficient for such purposes. H.R. 2884 also requires: (1) DHS 
to update its websites and forms related to naturalization for 
members of the Armed Forces in a timely manner; (2) DHS to 
inform military naturalization applicants to submit new 
fingerprints if it would result in more timely adjudication of 
naturalization applications; (3) the Department of Defense to 
work with the Government Accountability Office (GAO) to provide 
fingerprints to DHS; and (4) the GAO to report on the 
naturalization process by members of the Armed Forces and 
through this Act.

                Background and Need for the Legislation

    H.R. 2884, the ``Kendall Frederick Citizenship Assistance 
Act,'' honors the memory of 21 year old Army Reserve Specialist 
Kendell K. Frederick who was killed in Iraq while attempting to 
obtain United States citizenship. Approximately 35,000 lawful 
permanent residents are currently serving in our Armed Forces 
and more than 13,000 non-citizen members of the military have 
applied for United States citizenship since 2002.
    Specialist Frederick was born in Trinidad and immigrated to 
the United States when he was fifteen 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 2004.
    While he was serving our country, Specialist Frederick 
decided to apply for United States citizenship, but his 
application was delayed as a result of various bureaucratic 
failings. First, the U.S. Citizenship and Immigration Service 
(USCIS) did not route his application to the unit that 
processed naturalization applications from members of the 
military. Second, USCIS thereafter rejected his application for 
failing to include an application filing fee, despite the fact 
that active military personnel applying for United States 
citizenship do not need to pay such fee. Third, USCIS directed 
Specialist Frederick to get his fingerprints taken in Maryland 
despite the fact that he was serving in Iraq at the time. Also, 
he had recently had his fingerprints taken and undergone a 
background check when he enlisted in the Army Reserve. When his 
mother called the USCIS ``help line,'' she was informed that 
there was nothing that the agency could do.
    After trying for more than a year to become a United States 
citizen and having his application rejected and delayed due to 
bureaucratic failures and misinformation, Specialist Frederick 
was forced to travel on a convoy to a base where he could get 
his fingerprints taken for his naturalization application. 
Tragically, he was killed en route by a roadside bomb on 
October 19, 2005. Specialist Frederick was posthumously granted 
United States citizenship a week after his death.
    H.R. 2884 would remove unnecessary procedural hurdles for 
naturalization applicants who are serving or have recently 
served in the military. It requires the Department of Homeland 
Security (DHS) to use the fingerprints provided by a military 
naturalization applicant at the time of his or her enlistment 
in the Armed Forces if: (1) the applicant was fingerprinted in 
accordance with the Department of Defense's requirements; (2) 
the naturalization application is filed within 24 months of 
enlistment; and (3) the fingerprints are deemed sufficient by 
DHS for naturalization purposes.
    H.R. 2884 also requires DHS to inform a member of the Armed 
Services applying for naturalization that submitting new 
fingerprints would result in more timely and effective 
adjudication of his or her naturalization application, along 
with providing a description of how to submit the new 
fingerprints. In addition, the bill ensures that the Department 
of Defense complies with the requirements of this bill so that 
fingerprints held by the Department of Defense are sent to DHS. 
Further, the bill clarifies the time frame by which DHS must 
publicize changes in regulations regarding the naturalization 
of members of the Armed Forces. Finally, the bill ensures 
agency accountability to Congress by requiring the Government 
Accountability Office to report on the naturalization process 
for Armed Forces members.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
2884.

                        Committee Consideration

    On September 25, 2007, the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
met in open session and ordered the bill, H.R. 2884, favorably 
reported, with an amendment, by voice vote, a quorum being 
present. On October 24, 2007, the Committee met in open session 
and ordered the bill, H.R. 2884, favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 2884.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2884, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 5, 2007.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2884, the Kendell 
Frederick Citizenship Assistance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.

Enclosure.
H.R. 2884--Kendell Frederick Citizenship Assistance Act
    H.R. 2884 would direct the Department of Homeland Security 
(DHS), when processing applications for naturalization for 
certain members of the armed forces, to use the fingerprints 
provided by those persons when they enlisted. Based on 
information from DHS, CBO estimates that implementing the bill 
would result in no significant costs to the department. 
Enacting the bill could affect direct spending, but CBO 
estimates that any such effects would not be significant. H.R. 
2884 would not affect revenues.
    In addition, H.R. 2884 would require the Government 
Accountability Office to prepare two reports on the 
adjudication of applications for naturalization through 
military service. CBO estimates that it would cost less than 
$500,000 in fiscal year 2008, from appropriated funds, to 
complete these reports.
    H.R. 2884 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
goal of H.R. 2884 is to reduce procedural hurdles for 
naturalization applicants who are serving or have recently 
served in the military.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 4 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2884 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the Kendell Frederick Citizenship Act.
    Sec. 2. Fingerprints for Members of the Armed Forces. 
Section 2(a) directs the Secretary of Homeland Security, for 
naturalization purposes, to use the fingerprints submitted by 
an individual to the Armed Forces for enlistment purposes 
instead of requiring a new set of fingerprints if: (1) 
Department of Defense regulations were followed in collecting 
these fingerprints; (2) the naturalization application was 
submitted not later than 24 months after the applicant joined 
the Armed Forces; and (3) the Secretary of Homeland Security 
determines that the fingerprints are sufficient for the 
naturalization process.
    Section 2(b) allows members of the Armed Forces to submit 
new fingerprints to the DHS for purposes of naturalization 
regardless of the requirements of subsection (a). It also 
requires DHS to inform naturalization applicants who are 
members of the Armed Forces of their choice to provide new 
fingerprints when the Secretary of Homeland Security determines 
that submitting new fingerprints would result in more timely 
and effective adjudication of a naturalization application.
    Section 2(c) requires the Secretary of Homeland Security, 
in consultation with the Department of Defense, to determine 
the fingerprint format acceptable for usage for the submission 
of fingerprints by the Department of Defense to the Department 
of Homeland Security (DHS) as required in subsection (a). This 
section also requires the Secretary of Defense to provide 
fingerprints to DHS for purposes outlined in subection (a) at 
no charge and to cooperate with DHS to execute the requirements 
in section (a).
    Sec. 3. Provision of Information on Military 
Naturalization. Section 3(a) requires the Secretary of Homeland 
Security to update websites maintained by the Secretary within 
30 days of any change in law or regulation on naturalization 
related to members of the Armed Forces.
    Subsection (b) expresses a sense of the Congress that the 
Secretary of Homeland Security should update forms on 
naturalization within 180 days after the effective date of this 
Act.
    Sec. 4. Reports. Section 4(a) requires the Comptroller 
General to provide a report not later than 120 days after 
enactment of this Act on the process of adjudication of a 
naturalization application by members of the Armed Services. 
Subsection (b) requires the Comptroller General to study the 
implementation of this Act and to submit a report and 
recommendations on the study described within 180 days after 
submitting the report required in subsection (a). Subsection 
(c) specifies that the House and Senate Committees on Armed 
Services and the Judiciary should receive these reports.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that H.R. 
2884 makes no changes to existing law.

                                 
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