[110th Congress Public Law 251]
[From the U.S. Government Printing Office]
[DOCID: f:publ251.110]
[[Page 122 STAT. 2319]]
Public Law 110-251
110th Congress
An Act
To assist members of the Armed Forces in obtaining United States
citizenship, and for other purposes. <<NOTE: June 26, 2008 - [S.
2516]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Kendell Frederick
Citizenship Assistance Act. 8 USC 1101 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. <<NOTE: 8 USC 1440f.>> 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
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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 <<NOTE: Deadline. Procedures.>>
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 <<NOTE: Deadline.>>
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. <<NOTE: 8 USC 1440g.>> PROVISION OF INFORMATION ON
MILITARY NATURALIZATION.
(a) In General.--Not <<NOTE: Deadline. Website.>> 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.--
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(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
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(6) the Committee on the Judiciary of the House of
Representatives.
Approved June 26, 2008.
LEGISLATIVE HISTORY--S. 2516 (H.R. 2884):
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HOUSE REPORTS: No. 110-
429 accompanying H.R. 2884 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Mar. 11, considered and passed Senate.
June 9, considered and passed House.
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