[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5026 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5026
To amend the Immigration and Nationality Act to waive certain
requirements for naturalization for American Samoan United States
nationals to become United States citizens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2018
Mrs. Radewagen (for herself and Ms. Bordallo) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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, 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. WAIVER OF CERTAIN NATURALIZATION REQUIREMENTS FOR AMERICAN
SAMOAN UNITED STATES NATIONALS TO BECOME UNITED STATES
CITIZENS.
(a) 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 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 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.
(b) Naturalization of Certain Residents of American Samoa.--Section
325 of the Immigration and Nationality Act (8 U.S.C. 1436) is amended
to read as follows:
``SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED STATES; RESIDENCE
WITHIN OUTLYING POSSESSIONS.
``(a) Eligibility for Naturalization.--A person not a citizen who
owes permanent allegiance to the United States, and who is otherwise
qualified, may--
``(1) if the person becomes a resident of any State, be
naturalized upon compliance with the applicable requirements of
this title, except that in applications for naturalization
filed under the provisions of this section, residence and
physical presence within the United States within the meaning
of this title shall include residence and physical presence
within any of the outlying possessions of the United States; or
``(2) if the person has continuously resided in any State
or outlying possession of the United States from birth to the
date of approval of the application, be naturalized upon
compliance with the applicable requirements of this title other
than sections 312 and 337(a) and paragraphs (1) and (2) of
section 316(a).
``(b) Jurisdiction.--
``(1) In general.--The Secretary shall provide that
applications, interviews, filings, oaths, ceremonies, or other
proceedings under this title, to the extent applicable, are
available in an outlying possession of the United States with
respect to--
``(A) any applicant for naturalization under
subsection (a)(2);
``(B) any applicant for naturalization under
section 328 or 329 who is a resident of an outlying
possession of the United States; or
``(C) any child described in section 322(a)(5)(B)
for whom an application is made under section 322.
``(2) Limitation.--Notwithstanding any other provision of
law, including sections 310(c) and 336(b), no court shall have
jurisdiction over any application for naturalization filed by
or on behalf of a resident of an outlying possession of the
United States.
``(c) Construction.--In determining eligibility for naturalization
under subsection (a)(2)--
``(1) absence from any State or outlying possession of the
United States for a continuous period of more than 180 days
shall break the continuity of such residence, unless the person
establishes to the satisfaction of the Secretary of Homeland
Security that the person did not abandon such person's
residence during such period;
``(2) in conducting the investigation and examination of
the person under sections 332(a) and 335, the Secretary of
Homeland Security may in the discretion of the Secretary waive
a personal interview of the person; and
``(3) the Secretary of Homeland Security, in the discretion
of the Secretary, may impose a reduced fee for an application
for naturalization under such subsection compared to other
applications for naturalization, taking into account the
relative costs of processing an application for naturalization
under such subsection.''.
(c) Children Residing in American Samoa.--Section 322(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1433(a)(5)) is amended to
read as follows:
``(5) The child--
``(A) is temporarily present in the United States
pursuant to a lawful admission, and is maintaining such
lawful status; or
``(B) is present and resides in an outlying
possession of the United States''.
SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STATUS EDUCATION IN
AMERICAN SAMOA.
It is the sense of the Congress that the Secretary of the Interior
may provide technical assistance to the Government of American Samoa
under section 601(a) of the Act entitled ``An Act to authorize
appropriations for certain insular areas of the United States, and for
other purposes'', approved December 24, 1980 (48 U.S.C. 1469d(a)), for
public education regarding political status options only if the
political status options are consistent with the Constitution of the
United States.
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