Text: S.2516 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-251 (06/26/2008)

 
[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

[[Page 122 STAT. 2320]]

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.--

[[Page 122 STAT. 2321]]

            (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

[[Page 122 STAT. 2322]]

            (6) the Committee on the Judiciary of the House of 
        Representatives.

    Approved June 26, 2008.

LEGISLATIVE HISTORY--S. 2516 (H.R. 2884):
---------------------------------------------------------------------------

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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