[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1714 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1714

To amend the Immigration and Nationality Act relating to naturalization 
       through service in the Armed Forces of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2003

  Mr. Hastings of Washington introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act relating to naturalization 
       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. SHORT TITLE.

    This Act may be cited as the ``Armed Forces Citizenship Act of 
2003''.

SEC. 2. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE 
              UNITED STATES.

    (a) Minimum Period of Service Eliminated.--Section 328(a) of the 
Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by 
striking ``for a period or periods aggregating three years,''.
    (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 an 
        application under subsection (a) or issuing a certificate of 
        naturalization upon 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) Conduct of Naturalization Proceedings Overseas for Members of 
the Armed Forces of the United States.--Notwithstanding any other 
provision of law, the Secretary of Homeland Security, 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.
    (d) Revocation of Citizenship for Separation from Military Service 
Under Other Than Honorable Conditions.--Section 328 of such Act is 
further amended by inserting after subsection (e) the following new 
subsection:
    ``(f) Citizenship granted pursuant to this section may be revoked 
in accordance with section 340 of this title if at any time subsequent 
to naturalization the person is separated from the military, air, or 
naval forces under other than honorable conditions, and such ground for 
revocation shall be in addition to any other provided by law. The fact 
that the naturalized person was separated from the service under other 
than honorable conditions shall be proved by a duly authenticated 
certification from the executive department under which the person was 
serving at the time of separation.''.
    (e) Technical and Conforming Amendments.--Section 328 of the 
Immigration and Nationality Act (8 U.S.C. 1439) is amended by striking 
``the Attorney General'' each place such term appears and inserting 
``the Secretary of Homeland Security''.
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