[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Referred in Senate (RFS)]

  1st Session
                                H. R. 1954


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2003

                                Received

                             June 10, 2003

       Read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
    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.--
            (1) In general.--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,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to applications for naturalization 
        filed or pending on or after the date of the enactment of this 
        Act.
    (b) Prohibition on Imposition of Fees Relating to Naturalization.--
            (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended--
                    (A) in section 328(b)--
                            (i) in paragraph (3)--
                                    (I) by striking ``honorable. The'' 
                                and inserting ``honorable (the''; and
                                    (II) by striking ``discharge.'' and 
                                inserting ``discharge); and''; and
                            (ii) 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
                    (B) in section 329(b)--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (3), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) 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.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to applications for naturalization 
        filed, and certificates of naturalization issued, on or after 
        the date of the enactment of this Act. Such amendments shall 
        not be construed to require the refund or return of any fee 
        collected before such date.
    (c) Revocation of Citizenship for Separation From Military Service 
Under Other Than Honorable Conditions.--
            (1) In general.--Title III of the Immigration and 
        Nationality Act (8 U.S.C. 1401 et seq.) is amended--
                    (A) by adding at the end of section 328 the 
                following:
    ``(f) Citizenship granted pursuant to this section may be revoked 
in accordance with section 340 if the person is separated from the 
Armed Forces under other than honorable conditions before the person 
has served honorably for a period or periods aggregating five years. 
Such ground for revocation shall be in addition to any other provided 
by law, including the grounds described in section 340. 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. Any period or periods of service 
shall be proved by duly authenticated copies of the records of the 
executive departments having custody of the records of such service.''; 
and
                    (B) by amending section 329(c) to read as follows:
    ``(c) Citizenship granted pursuant to this section may be revoked 
in accordance with section 340 if the person is separated from the 
Armed Forces under other than honorable conditions before the person 
has served honorably for a period or periods aggregating five years. 
Such ground for revocation shall be in addition to any other provided 
by law, including the grounds described in section 340. 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. Any period or periods of service 
shall be proved by duly authenticated copies of the records of the 
executive departments having custody of the records of such service.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to citizenship granted on or after the date of the 
        enactment of this Act.
    (d) 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.
    (e) Technical Amendment.--
            (1) In general.--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,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if enacted on March 1, 2003.

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

    (a) Prohibition on Imposition of Fees; Benefits for Survivors.--
            (1) 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) Applicability.--Notwithstanding any other provision 
        of this subsection, this subsection shall apply only to the 
        surviving spouses, children, and parents of persons dying on or 
        after September 11, 2001.
            ``(2) 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.
            ``(3) 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 of 
        such grant, 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 the date of such grant).
            ``(4) 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, 
        and who is lawfully authorized to be present in the United 
        States on the date of the citizen's death (disregarding any 
        departure for a temporary visit abroad), shall be considered, 
        for purposes of section 201(b), to remain an immediate relative 
        after such date, and the requirement that the citizen be at 
        least 21 years of age shall not apply.
            ``(5) 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 (2), (3), or (4), 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. A surviving spouse's petition 
                may include derivative children in the same manner as 
                is permitted under section 204(a)(1)(A)(ii).
                    ``(B) Minor children.--In the case of a child under 
                18 years of age on the filing date, any nonderivative 
                petition described in subparagraph (A) shall be filed 
                on behalf of the child by a parent or legal guardian of 
                the child.
            ``(6) Deadline.--Paragraphs (1) through (5) shall apply 
        only if the petition under paragraph (5) is filed not later 
        than 2 years after the date on which the request under 
        subsection (c) is granted.
            ``(7) 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 petitioning 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, unless the alien otherwise 
        has attained the status of an alien lawfully admitted for 
        permanent residence--
                    ``(A) shall convert such petition to a petition 
                filed under paragraph (5) to classify the alien as an 
                immediate relative under subsection (b)(2)(A)(i); and
                    ``(B) shall ensure that the filing date of the 
                original petition is maintained.
            ``(8) 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.
            ``(9) 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.''.
            (2) Conversion of petitions.--In the case of a surviving 
        spouse or child accorded an immigration benefit under section 
        329(f) of the Immigration and Nationality Act, as added by 
        paragraph (1), if the spouse or child was the beneficiary of a 
        petition described in paragraph (7) of such section, unless the 
        beneficiary otherwise has attained the status of an alien 
        lawfully admitted for permanent residence, the Secretary of 
        Homeland Security shall provide for--
                    (A) the reinstatement of such petition, if it was 
                revoked or terminated (or otherwise rendered null), 
                either before or after its approval, due to the death 
                of the petitioner; and
                    (B) the conversion of such petition in accordance 
                with such section.
            (3) Effective dates.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendment made by paragraph (1) shall apply 
                with respect to posthumous citizenship granted before, 
                on, or after the date of the enactment of this section.
                    (B) Fees.--Section 329A(e) of the Immigration and 
                Nationality Act, as amended by paragraph (1), shall 
                apply with respect to requests for posthumous 
                citizenship filed, and documentation of posthumous 
                citizenship issued, on or after the date of the 
                enactment of this Act. Such section shall not be 
                construed to require the refund or return of any fee 
                collected before such date.
    (b) Naturalization for Surviving Spouses.--
            (1) In general.--Section 319(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1430(d)) is amended by adding at the 
        end the following: ``For purposes of this subsection, the terms 
        `United States citizen' and `citizen spouse' include a person 
        granted posthumous citizenship under section 329A.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to persons granted posthumous 
        citizenship under section 329A of the Immigration and 
        Nationality Act (8 U.S.C. 1440-1) due to death on or after 
        September 11, 2001.
    (c) Technical Amendments.--
            (1) In general.--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''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if enacted on March 1, 2003.

SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN SPOUSES, CHILDREN, AND 
              PARENTS OF CITIZENS WHO DIE DURING SERVICE IN ARMED 
              FORCES.

    (a) Treatment as Immediate Relatives.--
            (1) In general.--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 during 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, died on or 
                        after September 11, 2001, during a period of 
                        honorable service in the Armed Forces 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 clause (i).
                    ``(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.
                    ``(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), and subject to subparagraph 
                (E), 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 
                such date, and the requirement that the citizen be at 
                least 21 years of age shall not apply.
                    ``(E) Treatment of petitions.--
                            ``(i) Continuation of petitions.--A 
                        petition properly filed on behalf of a spouse, 
                        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 spouse, child, or parent as an 
                        immediate relative pursuant to this paragraph. 
                        No new petition shall be required to be filed, 
                        and any filing date assigned prior to the death 
                        shall be maintained.
                            ``(ii) Self-petitions.--
                                    ``(I) Spouses.--In the case of a 
                                surviving spouse who remains an 
                                immediate relative after the date of a 
                                citizen's death pursuant to 
                                subparagraph (B), the spouse may file a 
                                petition under section 204(a)(1)(A)(ii) 
                                for classification of the spouse (and 
                                the spouse's children) under subsection 
                                (b)(2)(A)(i). The spouse shall be 
                                treated as an alien spouse described in 
                                the second sentence of subsection 
                                (b)(2)(A)(i) for such purpose.
                                    ``(II) Children.--In the case of a 
                                surviving child who remains an 
                                immediate relative after the date of a 
                                citizen's death pursuant to 
                                subparagraph (C), any petition under 
                                section 204 otherwise required to be 
                                filed by the citizen to classify the 
                                child under subsection (b)(2)(A)(i) may 
                                be filed instead by the child. In the 
                                case of a child under 18 years of age 
                                on the filing date, the petition 
                                described in this subclause shall be 
                                filed on behalf of the child by a 
                                parent or legal guardian of the child.
                                    ``(III) Parents.--In the case of a 
                                surviving parent who remains an 
                                immediate relative after the date of a 
                                citizen's death pursuant to 
                                subparagraph (D), any petition under 
                                section 204 otherwise required to be 
                                filed by the citizen to classify the 
                                parent under subsection (b)(2)(A)(i) 
                                may be filed instead by the parent, but 
                                only if the parent was lawfully 
                                authorized to be present in the United 
                                States on the date of the citizen's 
                                death (disregarding any departure for a 
                                temporary visit abroad).
                            ``(iii) Deadline.--In the case of petition 
                        under clause (ii), subparagraphs (B), (C), and 
                        (D) shall apply only if such petition 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.''.
            (2) Continuation of petitions.--
                    (A) In general.--The Secretary of Homeland Security 
                shall provide for the reinstatement of any petition 
                filed by a deceased person described in subparagraph 
                (A) of section 201(f)(4) of the Immigration and 
                Nationality Act, as added by paragraph (1), if such 
                petition is described in subparagraph (E)(i) of such 
                section and was revoked or terminated (or otherwise 
                rendered null), either before or after its approval, 
                due to the death of such person, unless the beneficiary 
                otherwise has attained the status of an alien lawfully 
                admitted for permanent residence.
                    (B) Exception.--A petition otherwise satisfying the 
                requirements of subparagraph (A) and filed by a citizen 
                on behalf of a parent shall not be reinstated unless 
                the parent was lawfully authorized to be present in the 
                United States on the date of the citizen's death 
                (disregarding any departure for a temporary visit 
                abroad).
            (3) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Technical Amendment.--
            (1) In general.--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''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if enacted on March 1, 2003.

            Passed the House of Representatives June 4, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.