[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Extensions of Remarks]
[Pages E648-E649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RESERVE OFFICER TRAINING CORPS SCHOLARSHIP PROGRAM

                                 ______


                      HON. ENI F. H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                        Thursday April 25, 1996

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introduce legislation 
which will afford U.S. nationals the opportunity to participate in 
reserve office training corps scholarship programs.
  Under current law, American Samoans born in American Samoa are 
considered U.S. nationals. These are persons who owe their allegiance 
to the United States, but are not U.S. citizens. Persons born in 
American Samoa are the only persons in the world who are given this 
status, as persons born on all other U.S. soil may become U.S. citizens 
by right of birth.
  Also under current law, only U.S. citizens are authorized to enlist 
in the Reserve Officer Training Corps, or ROTC for short, scholarship 
programs, and only U.S. citizens are eligible to become military and 
naval officers.
  The legislation I am introducing today would require U.S. national 
residents residing in a State of the United States and desiring to 
apply for a ROTC scholarship program, to file an application to become 
a naturalized citizen within 60 days of being accepted into the 
program. The legislation would also require U.S. nationals who are not 
residents of a State of the United States, to become a resident of a 
State, and to file an application to become a naturalized citizen 
within 60 days of becoming a resident as defined in our immigration 
laws.
  Mr. Speaker, I believe this legislation strikes a fair balance 
between two competing interests. On the one hand, it gives the resident 
of American Samoa the same opportunities to become military and naval 
officers as the residents of the States and the other territories. On 
the other hand, while keeping the requirement that all military and 
naval officers be U.S. citizens, it requires U.S. nationals to prove 
their willingness to serve our country in a timely manner, thereby 
ensuring that taxpayer dollars are not spent on someone who will later 
prove ineligible for service.
  Mr. Speaker, I am submitting a copy of the legislation with my 
statement.

                                 H.R.--

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

     SECTION 1. ELIGIBILITY OF UNITED STATES NATIONALS FOR 
                   ADVANCED TRAINING IN THE SENIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       Section 2104(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``or national'' after 
     ``citizen'';
       (2) at the end of paragraph (6), by striking ``and'';
       (3) in paragraph (7), by striking the period and 
     inserting``; and''; and
       (4) by adding at the end the following:
       ``(8) if he is a national but not a citizen of the United 
     States, agree in writing that he will--
       ``(A) if he is not a resident of a State (within the 
     meaning of chapter 2 of title III of the Immigration and 
     Nationality Act; 8 U.S.C. 1421-1459), become a resident of a 
     State (within such meaning) before commencing the program for 
     advanced training; and
       ``(B) file an application for naturalization within 60 days 
     after the later of--
       `(i) the date that he meets the requirements for 
     naturalization in section 316(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1436); or
       ``(ii) the date that he is accepted into the program for 
     advanced training.''.

     SEC. 2. ELIGIBILITY OF UNITED STATES NATIONALS FOR FINANCIAL 
                   ASSISTANCE AS MEMBERS OF THE SENIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       (a) General Financial Assistance Program.--Section 2107(b) 
     of title 10, United States Code, is amended--
       (1) in paragraph (1), by inserting ``or national'' after 
     ``citizen'';
       (2) at the end of paragraph (4), by striking ``and'';
       (3) in paragraph (5), by striking the period and inserting 
     ``and''; and
       (4) by adding at the end the following:
       ``(6) if he is a national but not a citizen of the United 
     States, agree in writing that he will--
       ``(A) if he is not a resident of a State (within the 
     meaning of chapter 2 of title III of the Immigration and 
     Nationality Act; 8 U.S.C. 1421-1459) become a resident of a 
     State (within in such meaning) before commencing the 
     financial assistance program; and
       ``(B) file an application for naturalization within 60 days 
     after the later of--
       ``(i) the date that he meets the requirements for 
     naturalization in section 316(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1436); or
       ``(ii) the date that he is accepted into the financial 
     assistance program.''.
       (b) Army Reserve and Army National Guard Financial 
     Assistance Program.--Section 2107a(b) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``or national'' after 
     ``citizen'';
        (2) at the end of paragraph (5), by striking ``and'';
       (3) in paragraph (6), by striking the period and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(7) if he is a national but not a citizen of the United 
     States, agree in writing that he will--
       ``(A) if he is not a resident of a State (within the 
     meaning of chapter 2 of title III of the

[[Page E649]]

     Immigration and Nationality Act; 8 U.S.C. 1421-1459, become a 
     resident of a State (within such meaning) before commencing 
     the financial assistance program; and
       ``(B) file an application for naturalization within 60 days 
     after the later of--
       ``(i) the date that he meets the requirements for 
     naturalization in section 316(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1436) or
       ``(ii) the date that he is accepted into the financial 
     assistance program.''.

     SEC. 3. CONFORMING AMENDMENT

       Section 12102(b)(1) of title 10, United States Code, is 
     amended--
       (1) by striking ``or'' the first place such term appears;
       (2) by inserting a comma after ``United States'' the first 
     place such term appears; and
       (3) by inserting ``, or is a national of the the United 
     States eligible (as provided in sections 2104 (b), 2207(b), 
     or 2107a(b) of this title) for advanced training in, or 
     financial asssistance as a member of, the Senior Reserve 
     Officers' Training Corps'' after the close parenthessis

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