[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4873 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4873

To amend the Immigration and Nationality Act to provide for flexibility 
in the naturalization process for aliens in active duty service in the 
                          Armed Forces abroad.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2004

Mr. Meeks of New York introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide for flexibility 
in the naturalization process for aliens in active duty service in the 
                          Armed Forces abroad.

    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 ``Active Duty Naturalization Accommodation 
Act of 2004''.

SEC. 2. FLEXIBILITY IN NATURALIZATION PROCESS FOR ALIENS IN ACTIVE DUTY 
              STATUS IN THE ARMED FORCES ABROAD.

    (a) In General.--Section 332 of the Immigration and Nationality Act 
(8 U.S.C. 1443) is amended by adding at the end the following new 
subsection:
    ``(i)(1) In the case of an alien who has applied for naturalization 
under this chapter and who is stationed abroad (or who has received an 
order to be stationed abroad) in active duty status in the Armed Forces 
of the United States, the Secretary of Homeland Security shall provide 
procedures under which deadlines, interviews, and similar requirements 
otherwise applicable to the naturalization process for the alien are 
suspended until the alien is provided a period (of at least 30 days) 
after the date of the alien's return to the United States after service 
in the Armed Forces abroad (or, in the case of rescission of such an 
order, the date of such rescission) in which to meet such deadlines and 
requirements, except as provided under paragraph (2).
    ``(2) An alien described in paragraph (1) may elect (in a form and 
manner specified by the Secretary of Homeland Security) to waive the 
application of such paragraph and to meet such deadlines and 
requirements notwithstanding the alien's absence from the United 
States.
    ``(3) The Secretary of Homeland Security shall establish a form 
that an alien described in paragraph (1) may file with the Secretary 
(or with the Secretary of Defense under arrangements made between such 
Secretaries) in order to facilitate the application of paragraph (1) to 
the alien during the period in which such paragraph applies. However, 
nothing in this subsection shall be construed as requiring an alien to 
file such form as a condition of obtaining the benefit of paragraph 
(1).
    ``(4) The Secretary of Homeland Security shall provide information 
about this subsection to aliens applying for naturalization and, to the 
extent practicable, the Secretary of Defense shall inform aliens who 
are in active duty status in the Armed Forces of the United States 
abroad (or who have been ordered to perform such service abroad) of the 
procedures under paragraph (1) and shall make the form established 
under paragraph (3) available upon request.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on such date, not later than 30 days after the date of the 
enactment of this Act, as the Secretary of Homeland Security specifies.
    (c) Transition.--In the case of an alien who, during the period 
beginning on September 11, 2001, and ending on the effective date 
specified under subsection (b), had applied for naturalization under 
chapter 3 of title III of the Immigration and Nationality Act, was 
stationed abroad (or received an order to be stationed abroad, which 
order was carried out) in active duty status in the Armed Forces of the 
United States, and, during the period of such service abroad (or after 
receiving such order) missed a deadline, interview, or similar 
requirement otherwise applicable to the naturalization process for such 
alien, the Secretary of Homeland Security shall provide for such relief 
as may be necessary to place the alien, after the end of such period, 
in a position that is no less favorable to the alien than the position 
of the alien before the time such deadline, interview, or similar 
requirement was missed.
    (d) Construction.--Nothing in this section shall be construed as 
superseding the provisions of section 1701(d) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136).
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