Provides, and sets forth the conditions, for naturalization through enlistment in the Armed Forces and service with an eligibility for access to classified information.
Provides for overseas naturalization proceedings for members of the Armed Forces.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4575 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4575
To amend the Immigration and Nationality Act to change the requirements
for naturalization to citizenship through service in the Armed Forces
of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 24, 2002
Mr. Frost (for himself, Mr. Reyes, Mr. Skelton, Mr. Menendez, and Mr.
Ortiz) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to change the requirements
for naturalization to citizenship through service in the Armed Forces
of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REQUIREMENTS FOR NATURALIZATION TO CITIZENSHIP THROUGH
SERVICE IN THE ARMED FORCES OF THE UNITED STATES.
(a) Period of Required Service Reduced to 2 Years.--Section 328(a)
of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by
striking ``three'' and inserting ``two''.
(b) Prohibition on Imposition of Fees Relating to Naturalization.--
Section 328(b) of the Immigration and Nationality Act (8 U.S.C.
1439(b)) is amended--
(1) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(2) by adding after paragraph (3) the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or issuing a certificate of
naturalization upon his admission to citizenship, and no clerk
of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''.
(c) Naturalization Through Enlistment in the Armed Forces and
Service With an Eligibility for Access to Classified Information.--The
Immigration and Nationality Act is amended by adding after section 328
the following new section:
``naturalization through enlistment in the armed forces of the united
states and service with an eligibility for access to classified
information''
``Sec. 328A. (a) A person who has served honorably at any time in
the Armed Forces of the United States, who enlisted for such service
and was not inducted to service, whose eligibility for access to
classified information has been certified to the Service by the
relevant military department, and who, if separated from such service,
was never separated except under honorable conditions, may be
naturalized without having resided, continuously immediately preceding
the date of filing such person's application, in the United States for
at least five years, and in the State or district of the Service in the
United States in which the application for naturalization is filed for
at least three months, and without having been physically present in
the United States for any specified period, if such application is
filed while the applicant is still in the service or within six months
after the termination of such service.
``(b) A person filing a application under subsection (a) of this
section shall comply in all other respects with the requirements of
this title, except that--
``(1) no residence within a State or district of the
Service in the United States shall be required;
``(2) notwithstanding section 318 insofar as it relates to
deportability, such applicant may be naturalized immediately if
the applicant be then actually in the Armed Forces of the
United States, and if prior to the filing of the application,
the applicant shall have appeared before and been examined by a
representative of the Service;
``(3) the applicant shall furnish to the Attorney General,
prior to any final hearing upon his application a certified
statement from the proper executive department for each period
of his service upon which he relies for the benefits of this
section--
``(A) clearly showing that such service was
honorable and that no discharges from service,
including periods of service not relied upon by him for
the benefits of this section, were other than
honorable;
``(B) clearly showing that the applicant entered
the Service through enlistment and not induction; and
``(C) clearly showing that the applicant was
eligible for access to classified information; and
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or issuing a certificate of
naturalization upon his admission to citizenship, and no clerk
of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be
made, in which case nothing more than the portion of the fee
required to be paid to the State shall be charged or
collected.''.
``The certificate or certificates herein provided for shall be
conclusive evidence of such service and discharge.
``(c) In the case such applicant's service was not continuous, the
applicant's residence in the United States and State or district of the
Service in the United States, good moral character, attachment to the
principles of the Constitution of the United States, and favorable
disposition toward the good order and happiness of the United States,
during any period within five years immediately preceding the date of
filing such application between the periods of applicant's service in
the Armed Forces, shall be alleged in the application filed under the
provisions of subsection (a) of this section, and proved at any hearing
thereon. Such allegation and proof shall also be made as to any period
between the termination of applicant's service and the filing of the
application for naturalization.
``(d) The applicant shall comply with the requirements of section
316(a) of this title, if the termination of such service has been more
than six months preceding the date of filing the application for
naturalization, except that such service within five years immediately
preceding the date of filing such application shall be considered as
residence and physical presence within the United States.''.
``(e) Any such period or periods of service under honorable
conditions, and good moral character, attachment to the principles of
the Constitution of the United States, and favorable disposition toward
the good order and happiness of the United States, during such service,
shall be proved by duly authenticated copies of the records of the
executive departments having custody of the records of such service,
and such authenticated copies of records shall be accepted in lieu of
compliance with the provisions of section 316(a).''.
(d) Conduct of Naturalization Proceedings Overseas for Members of
the Armed Forces of the United States.--Notwithstanding any other
provision of law, the Attorney General, the Secretary of State, and the
Secretary of Defense, shall ensure that any applications, interviews,
filings, oaths, ceremonies, or other proceedings under title III of the
Immigration and Nationality Act relating to naturalization of members
of the Armed Forces are available through United States embassies and
consulates and, as practicable, United States military installations
overseas.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
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