PUBLIC LAW 110–251—JUNE 26, 2008 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. 

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 

8 USC 1440f. 

Kendell 

Frederick 

Citizenship 

Assistance Act. 

8 USC 1101 note. 

June 26, 2008 

[S. 2516] 


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122 STAT. 2320 PUBLIC LAW 110–251—JUNE 26, 2008 

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.— 

Deadline. 

Website. 

8 USC 1440g. 

Deadline. 

Deadline. 

Procedures. 


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PUBLIC LAW 110–251—JUNE 26, 2008 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 


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122 STAT. 2322 PUBLIC LAW 110–251—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. 

Æ 

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

Approved June 26, 2008. 


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