[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 940

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2003

 Mr. Graham of South Carolina introduced the following bill; which was 
        read twice and referred to the Committee on the JudiciaryYYYYYY

_______________________________________________________________________

                                 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) 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 an 
        application under subsection (a) 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) 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 (8 U.S.C. 1401 et 
seq.) relating to naturalization of members of the Armed Forces are 
available through United States embassies, 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 the Immigration 
and Nationality Act (8 U.S.C. 1439) is amended by adding at the end the 
following:
    ``(f) Citizenship granted pursuant to this section may be revoked 
in accordance with section 340 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 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''.
                                 <all>