[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 897 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 897

To amend the Immigration and Nationality Act to change the requirements 
 for naturalization through service in the Armed Forces of the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2003

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

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to change the requirements 
 for naturalization through service in the Armed Forces of the United 
                    States, 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 ``Military Citizenship Act of 2003''.

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

    (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 ``2 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) in paragraph (3)--
                    (A) by striking ``honorable. The'' and inserting 
                ``honorable (the''; and
                    (B) by striking ``discharge.'' and inserting 
                ``discharge); and''; and
            (2) by adding at the end the following:
            ``(4) notwithstanding any other provision of law, no fee 
        shall be charged or collected from the applicant for filing a 
        petition for naturalization or for the issuance of a 
        certificate of naturalization upon citizenship being granted to 
        the applicant, 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 the 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. 301 et seq.) relating to naturalization of 
members of the Armed Forces are available through, as practicable, 
United States embassies, consulates, and United States military 
installations overseas.
    (d) Technical and Conforming 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. FINALIZATION OF NATURALIZATION PROCEEDINGS FOR MEMBERS OF THE 
              ARMED FORCES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Defense shall prescribe a policy that facilitates the 
opportunity for a member of the Armed Forces to finalize naturalization 
for which the member has applied. The policy shall include, for such 
purpose, the following:
            (1) A high priority for grant of emergency leave.
            (2) A high priority for transportation on aircraft of, or 
        chartered by, the Armed Forces.
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