[DOCID: f:hr429.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-429
======================================================================
KENDELL FREDERICK CITIZENSHIP ASSISTANCE ACT
_______
November 6, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2884]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2884) to assist members of the Armed Forces in obtaining
United States citizenship, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 6
Constitutional Authority Statement............................... 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. FINGERPRINTS FOR MEMBERS OF 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 Armed Forces to satisfy any
requirement for fingerprints that is part of 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 in accordance with the
requirements of the Department of Defense at the time the
individual enlisted in the Armed Forces;
(3) the individual submits an application for naturalization
not later than 24 months after the date on which the individual
enlisted in the Armed Forces; and
(4) the Secretary of Homeland Security determines that the
fingerprints are sufficient to adjudicate the applicant's
naturalization application.
(b) Most Timely and Effective Adjudication.--Nothing in this section
shall preclude an individual described in subsection (a) from
submitting new fingerprints to the Secretary of Homeland Security. If
the Secretary of Homeland Security determines that submitting new
fingerprints would result in more timely and effective adjudication of
the individual's naturalization application, the Secretary shall inform
the individual that submitting new fingerprints would result in more
timely and effective adjudication of the individual's naturalization
application, along with a description of how to submit new
fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in consultation
with the Secretary of Defense, shall determine the format of
fingerprints acceptable for usage under subsection (a). The Secretary
of Defense, or any other official having custody of the fingerprints
referred to in subsection (a), shall make such prints available to the
Secretary of Homeland Security for the purpose described in subsection
(a) without charge and shall otherwise cooperate with the Secretary of
Homeland Security in fulfilling the Secretary's satisfaction of the
requirement under subsection (a).
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 update as
necessary the appropriate Internet site or sites maintained by the
Secretary to reflect such modification.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of Homeland Security should update as necessary the
appropriate application form or forms promulgated by the Secretary not
later than 180 days after an effective date described in subsection
(a).
SEC. 4. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report 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
begins at the time the application is mailed to, or received by, the
Secretary of Homeland Security, regardless of whether the Secretary
determines that such application is complete, through the final
disposition of such application. Such report shall include a
description of--
(1) the methods of the Secretary of Homeland Security and the
Secretary of Defense to prepare, handle, and adjudicate such
applications;
(2) 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
(3) 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.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this Act by the
Secretary of Homeland Security and the Secretary of Defense,
including studying any technology that may be used to improve
the efficiency of the naturalization process for members of the
Armed Forces.
(2) Report.--Not later than 180 days after the date that the
Comptroller General submits the report required by subsection
(a), the Comptroller General shall submit to the appropriate
congressional committees a report on the study required by
paragraph (1). The report shall include any recommendations of
the Comptroller General for improving the implementation of
this Act by the Secretary of Homeland Security or the Secretary
of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on the
Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on the
Judiciary of the House of Representatives.
Purpose and Summary
Currently, fingerprints that an individual must supply in
order to enlist in the Armed Services are not accepted by the
Department of Homeland Security (DHS) for naturalization
purposes. H.R. 2884 addresses this problem by requiring DHS to
use such fingerprints for naturalization purposes if they are
sufficient for such purposes. H.R. 2884 also requires: (1) DHS
to update its websites and forms related to naturalization for
members of the Armed Forces in a timely manner; (2) DHS to
inform military naturalization applicants to submit new
fingerprints if it would result in more timely adjudication of
naturalization applications; (3) the Department of Defense to
work with the Government Accountability Office (GAO) to provide
fingerprints to DHS; and (4) the GAO to report on the
naturalization process by members of the Armed Forces and
through this Act.
Background and Need for the Legislation
H.R. 2884, the ``Kendall Frederick Citizenship Assistance
Act,'' honors the memory of 21 year old Army Reserve Specialist
Kendell K. Frederick who was killed in Iraq while attempting to
obtain United States citizenship. Approximately 35,000 lawful
permanent residents are currently serving in our Armed Forces
and more than 13,000 non-citizen members of the military have
applied for United States citizenship since 2002.
Specialist Frederick was born in Trinidad and immigrated to
the United States when he was fifteen to join his mother,
stepfather, and two sisters. He attended Randallstown Senior
High in Baltimore County, Maryland, where he joined the
school's ROTC program. Specialist Frederick enlisted in the
Army Reserve in his senior year and was deployed to Iraq in
December 2004.
While he was serving our country, Specialist Frederick
decided to apply for United States citizenship, but his
application was delayed as a result of various bureaucratic
failings. First, the U.S. Citizenship and Immigration Service
(USCIS) did not route his application to the unit that
processed naturalization applications from members of the
military. Second, USCIS thereafter rejected his application for
failing to include an application filing fee, despite the fact
that active military personnel applying for United States
citizenship do not need to pay such fee. Third, USCIS directed
Specialist Frederick to get his fingerprints taken in Maryland
despite the fact that he was serving in Iraq at the time. Also,
he had recently had his fingerprints taken and undergone a
background check when he enlisted in the Army Reserve. When his
mother called the USCIS ``help line,'' she was informed that
there was nothing that the agency could do.
After trying for more than a year to become a United States
citizen and having his application rejected and delayed due to
bureaucratic failures and misinformation, Specialist Frederick
was forced to travel on a convoy to a base where he could get
his fingerprints taken for his naturalization application.
Tragically, he was killed en route by a roadside bomb on
October 19, 2005. Specialist Frederick was posthumously granted
United States citizenship a week after his death.
H.R. 2884 would remove unnecessary procedural hurdles for
naturalization applicants who are serving or have recently
served in the military. It requires the Department of Homeland
Security (DHS) to use the fingerprints provided by a military
naturalization applicant at the time of his or her enlistment
in the Armed Forces if: (1) the applicant was fingerprinted in
accordance with the Department of Defense's requirements; (2)
the naturalization application is filed within 24 months of
enlistment; and (3) the fingerprints are deemed sufficient by
DHS for naturalization purposes.
H.R. 2884 also requires DHS to inform a member of the Armed
Services applying for naturalization that submitting new
fingerprints would result in more timely and effective
adjudication of his or her naturalization application, along
with providing a description of how to submit the new
fingerprints. In addition, the bill ensures that the Department
of Defense complies with the requirements of this bill so that
fingerprints held by the Department of Defense are sent to DHS.
Further, the bill clarifies the time frame by which DHS must
publicize changes in regulations regarding the naturalization
of members of the Armed Forces. Finally, the bill ensures
agency accountability to Congress by requiring the Government
Accountability Office to report on the naturalization process
for Armed Forces members.
Hearings
The Committee on the Judiciary held no hearings on H.R.
2884.
Committee Consideration
On September 25, 2007, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill, H.R. 2884, favorably
reported, with an amendment, by voice vote, a quorum being
present. On October 24, 2007, the Committee met in open session
and ordered the bill, H.R. 2884, favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 2884.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2884, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 5, 2007.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2884, the Kendell
Frederick Citizenship Assistance 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,
Director.
Enclosure.
H.R. 2884--Kendell Frederick Citizenship Assistance Act
H.R. 2884 would direct the Department of Homeland Security
(DHS), when processing applications for naturalization for
certain members of the armed forces, to use the fingerprints
provided by those persons when they enlisted. Based on
information from DHS, CBO estimates that implementing the bill
would result in no significant costs to the department.
Enacting the bill could affect direct spending, but CBO
estimates that any such effects would not be significant. H.R.
2884 would not affect revenues.
In addition, H.R. 2884 would require the Government
Accountability Office to prepare two reports on the
adjudication of applications for naturalization through
military service. CBO estimates that it would cost less than
$500,000 in fiscal year 2008, from appropriated funds, to
complete these reports.
H.R. 2884 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.
The CBO staff contact for this estimate is Mark Grabowicz.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
goal of H.R. 2884 is to reduce procedural hurdles for
naturalization applicants who are serving or have recently
served in the military.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 4 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2884 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the Kendell Frederick Citizenship Act.
Sec. 2. Fingerprints for Members of the Armed Forces.
Section 2(a) directs the Secretary of Homeland Security, for
naturalization purposes, to use the fingerprints submitted by
an individual to the Armed Forces for enlistment purposes
instead of requiring a new set of fingerprints if: (1)
Department of Defense regulations were followed in collecting
these fingerprints; (2) the naturalization application was
submitted not later than 24 months after the applicant joined
the Armed Forces; and (3) the Secretary of Homeland Security
determines that the fingerprints are sufficient for the
naturalization process.
Section 2(b) allows members of the Armed Forces to submit
new fingerprints to the DHS for purposes of naturalization
regardless of the requirements of subsection (a). It also
requires DHS to inform naturalization applicants who are
members of the Armed Forces of their choice to provide new
fingerprints when the Secretary of Homeland Security determines
that submitting new fingerprints would result in more timely
and effective adjudication of a naturalization application.
Section 2(c) requires the Secretary of Homeland Security,
in consultation with the Department of Defense, to determine
the fingerprint format acceptable for usage for the submission
of fingerprints by the Department of Defense to the Department
of Homeland Security (DHS) as required in subsection (a). This
section also requires the Secretary of Defense to provide
fingerprints to DHS for purposes outlined in subection (a) at
no charge and to cooperate with DHS to execute the requirements
in section (a).
Sec. 3. Provision of Information on Military
Naturalization. Section 3(a) requires the Secretary of Homeland
Security to update websites maintained by the Secretary within
30 days of any change in law or regulation on naturalization
related to members of the Armed Forces.
Subsection (b) expresses a sense of the Congress that the
Secretary of Homeland Security should update forms on
naturalization within 180 days after the effective date of this
Act.
Sec. 4. Reports. Section 4(a) requires the Comptroller
General to provide a report not later than 120 days after
enactment of this Act on the process of adjudication of a
naturalization application by members of the Armed Services.
Subsection (b) requires the Comptroller General to study the
implementation of this Act and to submit a report and
recommendations on the study described within 180 days after
submitting the report required in subsection (a). Subsection
(c) specifies that the House and Senate Committees on Armed
Services and the Judiciary should receive these reports.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee advises that H.R.
2884 makes no changes to existing law.
<all>