[Congressional Record Volume 149, Number 54 (Thursday, April 3, 2003)]
[Senate]
[Pages S4842-S4843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. Nelson of Florida (for himself and Mrs. Boxer):
  S. 789. A bill to change the requirements for naturalization through 
service in the Armed Forces of the United States; to the Committee on 
the Judiciary.
  Mr. NELSON, of Florida. Mr. President, I rise on behalf of myself and 
Mrs. Boxer to introduce the Citizenship for Service Members Act of 
2003. This legislation reduces the waiting period for service members 
during peace time from 3 years to 2 years, waives all fees related to 
naturalization, and allows for naturalization proceedings to occur 
overseas.
  Everyday now we see our young men and women fighting and dying in 
Iraq and Afghanistan to protect freedom and democracy. One of the 
strengths of our military has always been its diversity. From the birth 
of our Nation, our military has attracted people from all walks of life 
including people who have immigrated to the United States to pursue 
freedom, prosperity, and security.
  Young men and women join the military in the hopes of achieving a 
better life while serving our country in the most difficult and 
honorable way. These young people enjoy various benefits for 
volunteering to protect American citizens such as assistance with 
college tuition, a secure and rewarding career in the military, and for 
some, the hope of gaining American citizenship.
  Non-citizens fighting in our military side by side with American 
citizens is a tradition that dates back to the Civil War, when recently 
arrived Irish immigrants fought for the Union. After World Wars I and 
II over 140,000 legal permanent resident participants gained 
citizenship. Currently there are 3,400 legal permanent residents in the 
Marines alone who have been deployed overseas. Further, Miami, FL and 
Los Angeles, CA contribute the second and third highest number of legal 
permanent residents to the military.
  Under current law, in the absence of an Executive Order eliminating 
the time of service requirement altogether, men and women may apply for 
citizenship after completing three years of service. This legislation 
would shorten that period to 2 years making it more likely that the 
service member will gain citizenship prior to finishing his first 
enlistment. Additionally, this legislation waives all fees related to 
naturalization eliminating a possible financial barrier. Finally, this 
bill allows for service members to complete the naturalization process 
overseas eliminating the sometimes unnecessarily lengthy and expensive 
trips back to the United States.
  Citizenship is a momentous honor and the ultimate goal of nearly 
every person who immigrates to the United States. Naturalization is 
especially critical to the thousands of young men and women who are 
placing their lives at risk every day to defend the citizens and ideals 
of the United States. These men and women desire citizenship so that 
they can become a recognized member of the country that they have 
chosen to defend.
  In addition, citizenship confers certain benefits upon servicemen and 
women. For example, while a legal permanent resident may enlist in the 
United States military, he or she is barred from becoming a 
commissioned officer, obtaining positions that require security 
clearances, becoming a part of any aircrews or rising to the level of 
special operations.
  We continue to see the great sacrifices these young men and women 
make on a daily basis. There is no greater show of patriotism than to 
join our armed forces and fight under the American flag. Over 30,000 
men and women from countries ranging from Canada to Japan to Cuba have 
volunteered to put their lives on the line to defend the United States. 
We owe it to these brave men and women to help them obtain the 
citizenship they have clearly earned.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 789

       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 ``Citizenship for 
     Servicemembers Act of 2003''.

     SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN 
                   THE ARMED FORCES OF THE UNITED STATES.

       (a) Reduction of Period for Required Service.--Section 
     328(a) of the Immigration and Nationality Act (8 U.S.C. 
     1439(a)) is amended by striking ``three years'' and inserting 
     ``2 years''.
       (b) Prohibition on Imposition of Fees Relating to 
     Naturalization.--Title III of the Immigration and Nationality 
     Act (8 U.S.C. 301 et seq.) is amended--
       (1) in section 328(b)--
       (A) in paragraph (3)--
       (i) by striking ``honorable. The'' and inserting 
     ``honorable (the''; and
       (ii) by striking ``discharge.'' and inserting ``discharge); 
     and''; and
       (B) 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 a 
     petition for naturalization 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

[[Page S4843]]

     which case nothing more than the portion of the fee required 
     to be paid to the State shall be charged or collected.''; and
       (2) in section 329(b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) 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 a 
     petition for naturalization 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) Naturalization Proceedings Overseas for Members of the 
     Armed Forces.--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. 301 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) 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''.
                                 ______