[Senate Report 110-440]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 936
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-440

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



 
             MILITARY PERSONNEL CITIZENSHIP PROCESSING ACT

                                _______
                                

                 August 1, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2840]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
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, having considered 
the same, reports favorably thereon, with an amendment, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I.  Background and Purpose of the Military Personnel Citizenship 
     Processing Act...................................................1
 II. History of the Bill and Committee Consideration..................2
III. Section-by-Section Summary of the Bill...........................2
 IV. Congressional Budget Office Cost Estimate........................3
  V. Regulatory Impact Evaluation.....................................4
 VI. Conclusion.......................................................4
VII. Changes to Existing Law Made by the Bill, as Reported............5

    I. Background and Purpose of the Military Personnel Citizenship 
                             Processing Act

    This bill seeks to address a problem in which foreign-born 
troops, who are otherwise eligible for citizenship in the 
United States, face huge delays in the processing and 
adjudicating of their applications for naturalization. These 
delays stem in large part from foreign-born troops' Federal 
Bureau of Investigation (FBI) background checks, in which 
confusion over foreign names or military status may lead to 
delays that last months. As a result, U.S. Citizenship and 
Immigration Services (USCIS) is facing a considerable backlog 
in the processing of applications. The Military Personnel 
Citizenship Processing Act (S. 2840) would address this backlog 
by creating an Office of the FBI Liaison within the Department 
of Homeland Security (DHS) to monitor communication gaps 
between USCIS and the FBI. The Military Personnel Citizenship 
Processing Act further requires USCIS to process and adjudicate 
applications for citizenship for members of the Armed Forces or 
their qualifying family members within six months, or to send 
notice to the applicant of the reasons for the delay.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    The Military Personnel Citizenship Processing Act was 
introduced on April 10, 2008, by Senators Schumer and Hagel. It 
was read twice and referred to the Committee on the Judiciary. 
Senators Menendez, Kennedy, Specter, and Leahy joined as 
cosponsors.

                       B. COMMITTEE CONSIDERATION

    The bill was first placed on the agenda for the Judiciary 
Committee's executive business meeting on April 24, 2008. It 
was held over.
    The bill was considered by the Judiciary Committee at the 
executive business meeting on May 8, 2008. Senator Schumer 
offered an amendment in the nature of a substitute to extend 
the bill to war veterans who are eligible for posthumous grants 
of citizenship and to qualifying spouses and children of 
military personnel. It also clarified that an individual's 
naturalization will not be considered completed until all 
necessary background checks are completed. The amendment also 
made technical corrections. The amendment was agreed to by 
unanimous consent.
    The Committee then voted to report the Military Personnel 
Citizenship Processing Act, with an amendment in the nature of 
a substitute, favorably to the Senate by unanimous consent.

              III. Section-by-Section Summary of the Bill


Section 1. Short title

    This section provides that the legislation may be cited as 
the ``Military Personnel Citizenship Processing Act.''

Section 2. Office of the FBI Liaison

    This section creates an Office of the FBI Liaison within 
the Department of Homeland Security to monitor the progress of 
the functions of the FBI in the naturalization process. As 
such, the Office will assist in the expeditious completion of 
all such functions pertaining to naturalization applications 
filed by, or on behalf of, current or former members of the 
Armed Forces, current spouses and children of service members, 
and deceased individuals eligible for posthumous citizenship 
under 8 U.S.C. Sec. Sec. 1440-41. This section also authorizes 
appropriations and requires the Secretary of DHS, in 
consultation with the Attorney General, to promulgate rules for 
the creation of the Office of the FBI Liaison.

Section 3. Deadline for processing and adjudicating naturalization 
        applications filed by current or former members of the Armed 
        Forces and their spouses and children

    This section requires USCIS to process and adjudicate 
applications filed by current or former members of the Armed 
Forces and their spouses and children no later than six months 
after receiving such applications. If an application is still 
pending after six months, the bill requires that USCIS provide 
the applicant with an explanation for its inability to meet the 
processing and adjudication deadline and an estimate of the 
date by which the application will be completed. It also 
requires that the Director of USCIS submit an annual report to 
relevant Congressional committees that identifies applications 
still pending after one year due to delays in conducting 
required background checks. Finally, this section calls for a 
Government Accountability Office report outlining the average 
length of time taken by USCIS 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. It is not the intent of Congress that failure to 
provide notice under this section will alone entitle an 
applicant to seek judicial or administrative review under 
Sections 310(c) or 336(b) of the Immigration and Nationality 
Act (8 U.S.C. Sec. Sec. 1421(c) and 1447(b)), or under 
Subchapter II of Chapter 5 and Chapter 7 of Title 5, United 
States Code (commonly known as the ``Administrative Procedure 
Act'').

Section 4. Sunset provision

    This section requires that this Act and the amendments made 
by this Act expire five years from the date of enactment.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 
2840, the following estimate and comparison prepared by the 
Director of the Congressional Budget Office under Section 402 
of the Congressional Budget Act of 1974:

                                                      May 15, 2008.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2840, the Military 
Personnel Citizenship Processing 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.
    Enclosure.

S. 2840--Military Personnel Citizenship Processing Act

    CBO estimates that implementing S. 2840 would cost less 
than $1 million in fiscal year 2009 and less than $500,000 in 
each year thereafter, assuming the availability of appropriated 
funds. Enacting the bill could affect direct spending, but CBO 
estimates that any such effects would not be significant in any 
year. Enacting S. 2840 would not affect revenues.
    S. 2840 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.
    S. 2840 would establish a new office in the Department of 
Homeland Security (DHS) to monitor the progress of the Federal 
Bureau of Investigation (FBI) in completing background checks 
relating to applications for naturalization from members of the 
U.S. Armed Forces. In addition, the bill would require DHS to 
adjudicate such applications within six months of receiving 
them or provide an explanation to the applicant for not meeting 
this deadline. S. 2840 also would direct the Government 
Accountability Office (GAO) to prepare a report for the 
Congress on average processing times for naturalization 
applications submitted by members of the Armed Forces. The 
provisions of S. 2840 would expire five years after the date of 
the bill's enactment.
    Based on information from DHS, CBO estimates that the new 
Office of the FBI Liaison would require a staff of no more than 
two or three persons and would cost less than $500,000 
annually, from appropriated funds. Based on the cost of similar 
studies, we estimate that the GAO report would cost less than 
$500,000 from appropriated funds in fiscal year 2009.
    Enacting S. 2840 also would increase administrative costs 
for DHS to expedite and track the processing of applications 
for naturalization from members of the Armed Forces. CBO 
estimates that such costs would not be significant in any year 
because of the relatively small number of applications 
affected. Such costs would be funded by fees collected by DHS 
and would be classified as direct spending.
    The CBO staff contact for this estimate is Mark Grabowicz. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 2840.

                             VI. Conclusion

    The Military Personnel Citizenship Processing Act, S. 2840, 
addresses current delays in USCIS's processing of 
naturalization applications for foreign-born military personnel 
and qualifying members of their families. While previously 
passed measures concerning the naturalization of foreign-born 
troops have dealt with processing of collected biometric data 
and timely adjudication after FBI background checks are 
complete, S. 2840 will ensure that the background checks 
themselves are done expeditiously.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 2840, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 6--Domestic Security

           *       *       *       *       *       *       *


  CHAPTER 1--Homeland Security Organization Directorate of Border and 
Transportation Security Citizenship and Immigration Services

           *       *       *       *       *       *       *



Sec. 271. Establishment of Bureau of Citizenship and Immigration 
                    Services

           *       *       *       *       *       *       *


    (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.

           *       *       *       *       *       *       *


TITLE 8--Aliens and Nationality

           *       *       *       *       *       *       *


CHAPTER 12--Immigration and Nationality Adjustment and Change of Status 
Nationality through Naturalization

           *       *       *       *       *       *       *



Sec. 1439. Naturalization through Service in the Armed Forces

           *       *       *       *       *       *       *


    (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.

                                  
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