[110th Congress Public Law 382]
[From the U.S. Government Printing Office]
[DOCID: f:publ382.110]
[[Page 122 STAT. 4087]]
Public Law 110-382
110th Congress
An Act
To establish a liaison with the Federal Bureau of Investigation in
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. <<NOTE: Oct. 9,
2008 - [S. 2840]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Military
Personnel Citizenship Processing Act. 8 USC 1101 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Personnel Citizenship
Processing Act''.
SEC. 2. OFFICE OF THE FBI LIAISON.
(a) Establishment.--Section 451 of the Homeland Security Act of 2002
(6 U.S.C. 271) is amended by adding at the end the following:
``(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.''.
(b) Rulemaking.--Not <<NOTE: Deadline. 6 USC 271 note.>> later than
180 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General, shall
promulgate rules to carry out the amendment made by subsection (a).
[[Page 122 STAT. 4088]]
SEC. 3. DEADLINE FOR PROCESSING AND ADJUDICATING NATURALIZATION
APPLICATIONS FILED BY CURRENT OR FORMER
MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES
AND CHILDREN.
(a) In General.--Section 328 of the Immigration and Nationality Act
(8 U.S.C. 1439) is amended by adding at the end the following:
``(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 <<NOTE: Reports.>> 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.''.
(b) GAO Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a report to
Congress that contains the results of a study regarding the average
length of time taken by United States Citizenship and Immigration
Services 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.
[[Page 122 STAT. 4089]]
SEC. 4. <<NOTE: 6 USC 271 and note; 8 USC 1101 note,
1439.>> SUNSET PROVISION.
This Act and the amendments made by this Act are repealed on the
date that is 5 years after the date of the enactment of this Act.
Approved October 9, 2008.
LEGISLATIVE HISTORY--S. 2840:
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SENATE REPORTS: No. 110-440 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 24, considered and passed Senate.
Sept. 27, 28, considered and passed House.
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