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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Congressional Record: May 9, 2002 (House)]
[Page H2249-H2264]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr09my02-18]                         



 
 PROVIDING FOR CONSIDERATION OF H.R. 4546, BOB STUMP NATIONAL DEFENSE 
                 AUTHORIZATION ACT FOR FISCAL YEAR 2003

 [ ... ]
 
 
 [[Page H2259]]

 
[ ... ]

Amendment to H.R. 4546, as Reported Offered by Mr. Frost of Texas

       At the end of title X (page 218, after line 15), insert the 
     following new section:

     SEC. ____. 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:

[[Page H2260]]

 ``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.
                                  ____

 
 


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