[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1954

    To revise the provisions of the Immigration and Nationality Act 
relating to naturalization through service in the Armed Forces, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2003

 Mr. Sensenbrenner (for himself, Mr. Coble, Mr. Flake, Mr. Gutierrez, 
 Mr. Hastings of Washington, Mr. Issa, Mr. Jenkins, Mr. Jones of North 
 Carolina, Mr. Keller, Mr. Conyers, Ms. Jackson-Lee of Texas, and Mr. 
   Berman) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To revise the provisions of the Immigration and Nationality Act 
relating to naturalization through service in the Armed Forces, 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 ``Armed Forces Naturalization Act of 
2003''.

SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED FORCES.

    (a) Reduction of Period for Required Service.--Section 328(a) of 
the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by 
striking ``three years,'' and inserting ``one year,''.
    (b) Prohibition on Imposition of Fees Relating to Naturalization.--
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et 
seq.) is amended--
            (1) in section 328(b)--
                    (A) in paragraph (3)--
                            (i) by striking ``honorable. The'' and 
                        inserting ``honorable (the''; and
                            (ii) by striking ``discharge.'' and 
                        inserting ``discharge); and''; and
                    (B) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the person for filing the 
        application, or for the issuance of a certificate of 
        naturalization upon being granted 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.''; and
            (2) in section 329(b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the person for filing the 
        application, or for the issuance of a certificate of 
        naturalization upon being granted 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 Proceedings Overseas for Members of Armed 
Forces.--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 (8 U.S.C. 1401 et seq.) relating to naturalization of 
members of the Armed Forces are available, to the maximum extent 
practicable, through United States embassies, consulates, and United 
States military installations overseas.
    (d) Technical Amendment.--Section 328(b)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1439(b)(3)) is amended by striking ``Attorney 
General,'' and inserting ``Secretary of Homeland Security,''.

SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-DUTY 
              SERVICE IN ARMED FORCES.

    (a) In General.--Section 329A of the Immigration and Nationality 
Act (8 U.S.C. 1440-1) is amended by striking subsection (e) and 
inserting the following:
    ``(e) Prohibition on Imposition of Fees.--Notwithstanding any other 
provision of law, no fee shall be charged or collected from a person 
for filing a request for the granting of posthumous citizenship under 
subsection (c), or for the issuance of a document under subsection (d).
    ``(f) Benefits for Survivors.--
            ``(1) Spouses.--Notwithstanding the second sentence 
of section 201(b)(2)(A)(i), a person who is the surviving spouse of a 
person granted posthumous citizenship under this section, and who was 
living in marital union with the citizen spouse at the time of death, 
shall be considered, for purposes of section 201(b), to remain an 
immediate relative after the date of the citizen's death, but only 
until the date on which the surviving spouse remarries.
            ``(2) Children.--Notwithstanding the second sentence of 
        section 201(b)(2)(A)(i), a person who is the surviving child of 
        a person granted posthumous citizenship under this section, and 
        who is an unmarried person under 21 years of age on the date on 
        which the petition under paragraph (4) is filed, shall be 
        considered, for purposes of section 201(b), to remain an 
        immediate relative after the date of the citizen's death 
        (regardless of changes in age or marital status after such 
        filing date).
            ``(3) Parents.--Notwithstanding the first sentence of 
        section 201(b)(2)(A)(i), a person who is the surviving parent 
        of a person granted posthumous citizenship under this section 
        shall be considered, for purposes of section 201(b), to remain 
        an immediate relative after the date of the citizen's death, 
        and the requirement that the citizen be at least 21 years of 
        age shall not apply.
            ``(4) Self-petitions.--
                    ``(A) In general.--In the case of a surviving 
                spouse, child, or parent who remains an immediate 
                relative after the date of a citizen's death pursuant 
                to paragraph (1), (2), or (3), any petition under 
                section 204 otherwise required to be filed by the 
                citizen to classify the spouse, child, or parent under 
                section 201(b)(2)(A)(i) may be filed instead by the 
                spouse, child, or parent.
                    ``(B) Minor children.--In the case of a child under 
                18 years of age on the filing date, the petition 
                described in subparagraph (A) shall be filed on behalf 
                of the child by a parent or legal guardian of the 
                child.
            ``(5) Deadline.--Paragraphs (1) through (4) shall apply 
        only if the petition under paragraph (4) is filed not later 
        than 2 years after the date on which the request under 
        subsection (c) is granted.
            ``(6) Conversion of petitions.--In the case of a petition 
        under section 204 initially filed for an alien's classification 
        as a family-sponsored immigrant under section 203(a)(2)(A), 
        based on the alien's spouse or parent being lawfully admitted 
        for permanent residence, upon the grant of posthumous 
        citizenship under this section to the petitioner, the Secretary 
        of Homeland Security--
                    ``(A) shall convert such petition to a petition 
                filed under paragraph (4) to classify the alien as an 
                immediate relative under subsection (b)(2)(A)(i);
                    ``(B) shall ensure that the priority date assigned 
                upon receipt of the original petition is maintained; 
                and
                    ``(C) otherwise shall treat the date on which the 
                request under subsection (c) is granted as the petition 
                filing date for purposes of this subsection.
            ``(7) Waiver of public charge ground for inadmissibility.--
        In determining the admissibility of any alien accorded an 
        immigration benefit under this subsection, the grounds for 
        inadmissibility specified in section 212(a)(4) shall not apply.
            ``(8) No benefits for other relatives.--Nothing in this 
        section shall be construed as providing for any benefit under 
        this Act for any relative of a person granted posthumous 
        citizenship under this section who is not treated as a spouse, 
        child, or parent under this subsection.''.
    (b) Technical Amendments.--Section 329A of the Immigration and 
Nationality Act (8 U.S.C. 1440-1) is amended by striking ``Attorney 
General'' each place such term appears and inserting ``Secretary of 
Homeland Security''.

SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN SPOUSES, CHILDREN, AND 
              PARENTS OF CITIZENS WHO DIE WHILE ON ACTIVE DUTY.

    (a) Treatment As Immediate Relatives.--Section 201(f) of the 
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended by adding 
at the end the following:
            ``(4) Surviving alien spouses, children, and parents of 
        citizens who die while on active-duty service in armed 
        forces.--
                    ``(A) Benefits for survivors.--
                            ``(i) In general.--The benefits under this 
                        paragraph shall apply only to a surviving 
                        spouse, child, or parent of a person who, while 
                        a citizen of the United States--
                                    ``(I) served honorably in an 
                                active-duty status in the military, 
                                air, or naval forces of the United 
                                States during any period described in 
                                the first sentence of section 329(a); 
                                and
                                    ``(II) died as a result of injury 
                                or disease incurred in or aggravated by 
                                such service.
                            ``(ii) Determinations.--The executive 
                        department under which the citizen so served 
shall determine whether the citizen satisfied the requirements of this 
subparagraph.
                    ``(B) Spouses.--Notwithstanding the second sentence 
                of subsection (b)(2)(A)(i), a person who is a surviving 
                spouse described in subparagraph (A), and who was 
                living in marital union with the citizen described in 
                such subparagraph at the time of death, shall be 
                considered, for purposes of subsection (b), to remain 
                an immediate relative after the date of the citizen's 
                death, but only until the date on which the surviving 
                spouse remarries. In all other respects, the provisions 
                of subsection (b)(2)(A)(i) and section 204(a)(1)(A)(ii) 
                shall apply to such a surviving spouse.
                    ``(C) Children.--Notwithstanding the second 
                sentence of subsection (b)(2)(A)(i), a person who is a 
                surviving child described in subparagraph (A), and who 
                is an unmarried person under 21 years of age on the 
                date on which a petition described in subparagraph (E) 
                to classify the alien as an immediate relative is 
                filed, shall be considered, for purposes of subsection 
                (b), to remain an immediate relative after the date of 
                the citizen's death (regardless of changes in age or 
                marital status after such filing date).
                    ``(D) Parents.--Notwithstanding the first sentence 
                of subsection (b)(2)(A)(i), a person who is a surviving 
                parent described in subparagraph (A) shall be 
                considered, for purposes of subsection (b), to remain 
                an immediate relative after the date of the citizen's 
                death, and the requirement that the citizen be at least 
                21 years of age shall not apply.
                    ``(E) Treatment of petitions with respect to 
                children and parents.--
                            ``(i) Continuation of petitions.--A 
                        petition properly filed on behalf of a child or 
                        parent under section 204(a)(1)(A)(i) by a 
                        citizen described in subparagraph (A) prior to 
                        the citizen's death shall be valid to classify 
                        the child or parent as an immediate relative 
                        pursuant to this paragraph. No new petition 
                        shall be required to be filed, and any priority 
                        date assigned prior to the death shall be 
                        maintained.
                            ``(ii) Self-petitions.--In the case of a 
                        surviving child or parent who remains an 
                        immediate relative after the date of a 
                        citizen's death pursuant to subparagraph (C) or 
                        (D), any petition under section 204 otherwise 
                        required to be filed by the citizen to classify 
                        the child or parent under subsection 
                        (b)(2)(A)(i) may be filed instead by the child 
                        or parent.
                            ``(iii) Minor children.--In the case of a 
                        child under 18 years of age on the filing date, 
                        the petition described in clause (ii) shall be 
                        filed on behalf of the child by a parent or 
                        legal guardian of the child.
                            ``(iv) Deadline.--In the case of petition 
                        under clause (ii), subparagraphs (C) and (D) 
                        shall apply only if the petition described in 
                        such clause is filed not later than 2 years 
                        after the date of the citizen's death.
                    ``(F) Waiver of public charge ground for 
                inadmissibility.--In determining the admissibility of 
                any alien accorded an immigration benefit under this 
                paragraph, the grounds for inadmissibility specified in 
                section 212(a)(4) shall not apply.''.
    (b) Technical Amendment.--Section 201(f)(1) of the Immigration and 
Nationality Act (8 U.S.C. 201(f)(1)) is amended by striking ``Attorney 
General'' and inserting ``Secretary of Homeland Security''.

SEC. 5. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect as if enacted on 
September 11, 2001.
    (b) Fees.--The amendments made by this Act to sections 328 through 
329A of the Immigration and Nationality Act (8 U.S.C. 1439-1440-1), 
insofar as such amendments prohibit the imposition of a fee--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall not be construed to require the refund or return 
        of any fee collected before such date.
                                 <all>