[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 118 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 118

To provide for the completion of the naturalization process for certain 
                     nationals of the Philippines.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

  Mr. Inouye introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for the completion of the naturalization process for certain 
                     nationals of the Philippines.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. ____. COMPLETION OF THE NATURALIZATION PROCESS FOR CERTAIN 
              NATIONALS OF THE PHILIPPINES.

    (a) In General.--Section 405 of the Immigration and Nationality Act 
of 1990 (8 U.S.C. 1440 note) is amended--
            (1) by striking subparagraph (B) of subsection (a)(1) and 
        inserting the following:
                    ``(B) who--
                            ``(i) is listed on the final roster 
                        prepared by the Recovered Personnel Division of 
                        the United States Army of those who served 
                        honorably in an active duty status within the 
                        Philippine Army during the World War II 
                        occupation and liberation of the Philippines,
                            ``(ii) is listed on the final roster 
                        prepared by the Guerrilla Affairs Division of 
                        the United States Army of those who received 
                        recognition as having served honorably in an 
                        active duty status within a recognized 
                        guerrilla unit during the World War II 
                        occupation and liberation of the Philippines, 
                        or
                            ``(iii) served honorably in an active duty 
                        status within the Philippine Scouts or within 
                        any other component of the United States Armed 
                        Forces in the Far East (other than a component 
                        described in clause (i) or (ii)) at any time 
                        during the period beginning September 1, 1939, 
                        and ending December 31, 1946;'';
            (2) by adding at the end of subsection (a) the following 
        new paragraph:
            ``(3)(A) For purposes of the second sentence of section 
        329(a) and section 329(b)(3) of the Immigration and Nationality 
        Act, the executive department under which a person served shall 
        be--
                    ``(i) in the case of an applicant claiming to have 
                served in the Philippine Army, the United States 
                Department of the Army;
                    ``(ii) in the case of an applicant claiming to have 
                served in a recognized guerrilla unit, the United 
                States Department of the Army or, in the event the 
                Department of the Army has no record of military 
                service of such applicant, the General Headquarters of 
                the Armed Forces of the Philippines; or
                    ``(iii) in the case of an applicant claiming to 
                have served in the Philippine Scouts or any other 
                component of the United States Armed Forces in the Far 
                East (other than a component described in clause (i) or 
                (ii)) at any time during the period beginning September 
                1, 1939, and ending December 31, 1946, the United 
                States executive department (or successor thereto) that 
                exercised supervision over such component.
            ``(B) An executive department specified in subparagraph (A) 
        may not make a determination under the second sentence of 
        section 329(a) with respect to the service or separation from 
        service of a person described in paragraph (1) except pursuant 
        to a request from the Service.''; and
            (3) by adding at the end the following new subsection:
    ``(d) Implementation.--(1) Notwithstanding any other provision of 
law, for purposes of the naturalization of natives of the Philippines 
under this section--
            ``(A) the processing of applications for naturalization, 
        filed in accordance with the provisions of this section, 
        including necessary interviews, shall be conducted in the 
        Philippines by employees of the Service designated pursuant to 
        section 335(b) of the Immigration and Nationality Act; and
            ``(B) oaths of allegiance for applications for 
        naturalization under this section shall be administered in the 
        Philippines by employees of the Service designated pursuant to 
        section 335(b) of that Act.
    ``(2) Notwithstanding paragraph (1), applications for 
naturalization, including necessary interviews, may continue to be 
processed, and oaths of allegiance may continue to be taken in the 
United States.''.
    (b) Repeal.--Section 113 of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1993 
(8 U.S.C. 1440 note), is repealed.
    (c) Effective Date; Termination Date.--
            (1) Application to pending applications.--The amendment 
        made by subsection (a) shall apply to applications filed before 
        February 3, 1995.
            (2) Termination date.--The authority provided by the 
        amendment made by subsection (a) shall expire February 3, 2001.
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