[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4021 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4021

     To amend the Immigration and Nationality Act to waive certain 
   requirements for naturalization for American Samoan United States 
              nationals to become United States citizens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2012

 Mr. Faleomavaega introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to waive certain 
   requirements for naturalization for American Samoan United States 
              nationals to become United States citizens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Under the Immigration and Nationality Act, persons born 
        in Puerto Rico, Guam, the United States Virgin Islands, and the 
        Commonwealth of the Northern Mariana Islands are citizens of 
        the United States at birth. Persons born in the United States 
        territory of American Samoa are nationals of the United States, 
        but not citizens, at birth.
            (2) The term ``national of the United States'' is defined 
        under the Immigration and Nationality Act to include persons 
        who, though not citizens of the United States, owe permanent 
        allegiance to the United States.
            (3) For more than 100 years, American Samoans who are 
        United States nationals have demonstrated their loyalty and 
        allegiance to the United States. On April 17, 1900, the village 
        chiefs of Tutuila and Aunu'u ceded their islands to the United 
        States. On July 16, 1904, his Majesty King Tuimanu'a of the 
        Manu'a Islands and his village chiefs did the same. On February 
        20, 1929, the United States Congress officially ratified the 
        Treaty of Cession of Tutuila and Aunu'u and the Treaty of 
        Cession of Manu'a. On March 4, 1925, by Joint Resolution of the 
        United States Congress, American sovereignty was officially 
        extended over Swains Island and it was placed under the 
        jurisdiction of the government of American Samoa.
            (4) Since ratification of the Treaties of Cession, many 
        American Samoans who are United States nationals have joined 
        the United States Armed Forces and fought for the United States 
        during World War II, the Korean, Vietnam, and Persian Gulf 
        wars, and most recently in Iraq and Afghanistan.
            (5) However, in order for American Samoans who are United 
        States nationals to become United States citizens, they must 
        follow the same procedure as aliens lawfully admitted for 
        permanent residence. This procedure requires, among other 
        steps, an application, fingerprinting, an interview, an English 
        language and civics examination, and participation in an oath 
        ceremony. The procedure may take years to complete.
            (6) Given that American Samoa's education system is 
        structured to closely resemble that of public schools in the 
        United States, that courses on United States history, civics, 
        and government are thoroughly taught, that English is the 
        language of public school instruction, and that United States 
        nationals by definition owe permanent allegiance to the United 
        States, it is in the national interest that United States 
        nationals be allowed to become United States citizens by more 
        expeditious means.

SEC. 2. WAIVER OF CERTAIN NATURALIZATION REQUIREMENTS FOR AMERICAN 
              SAMOAN UNITED STATES NATIONALS TO BECOME UNITED STATES 
              CITIZENS.

    Chapter 2 of title III of the Immigration and Nationality Act is 
amended by inserting after section 326 (8 U.S.C. 1437) the following 
new section:

``SEC. 326A. AMERICAN SAMOAN UNITED STATES NATIONALS EXCEPTED FROM 
              CERTAIN REQUIREMENTS.

    ``(a) In General.--For any person who is born in American Samoa and 
resides continuously within American Samoa from the date of such 
person's birth up to the time of admission to citizenship, the 
following are waived:
            ``(1) The requirements for naturalization under section 
        312.
            ``(2) All the requirements as to residence and physical 
        presence within the United States and a particular State for 
        naturalization under section 316.
            ``(3) Section 325.
    ``(b) Absence From American Samoa.--Absence from American Samoa for 
a continuous period of more than 180 days during the period for which 
continuous residency is required for admission to citizenship under 
subsection (a) shall break the continuity of such residence, unless a 
person described in subsection (a) establishes to the satisfaction of 
the Secretary of Homeland Security that such person did not abandon 
such person's residence in American Samoa during such period.''.

SEC. 3. CLERICAL AMENDMENT.

    The table of contents of the Immigration and Nationality Act is 
amended by inserting after the item relating to section 326 the 
following new item:

``Sec. 326A. American Samoan United States nationals excepted from 
                            certain requirements.''.
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