[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2516 Enrolled Bill (ENR)]
S.2516
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To assist members of the Armed Forces in obtaining United States
citizenship, and for other purposes.
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.