[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1208 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1208

     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 13, 2019

Mrs. Radewagen 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.

SEC. 3. REFERENDUM ON UNITED STATES CITIZENSHIP.

    The Secretary of the Interior is authorized to make a grant to the 
Chief Election Officer of American Samoa for the purpose of providing 
funds necessary to include on the ballot in the first general election 
held in American Samoa after the date of the enactment of this Act, and 
to report to Governor of American Samoa and the Congress the results 
of, a referendum on the following questions:
            (1) ``Should all nationals of the United States who are 
        residing in American Samoa on the date on which this referendum 
        takes place be declared to be citizens of the United States?''; 
        and
            (2) ``Should all individuals who are born in American Samoa 
        after the date on which this referendum takes place be declared 
        to be citizens of the United States at birth?''.
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