[Congressional Record Volume 149, Number 62 (Tuesday, April 29, 2003)]
[Senate]
[Page S5490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM of South Carolina:
  S. 940. A bill to amend the Immigration and Nationality Act relating 
to naturalization through service in the Armed Forces of the United 
States; to the Committee on the Judiciary.
  Mr. GRAHAM of South Carolina. Mr. President, I ask unanimous consent 
that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 940

       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 ``Armed Forces Citizenship Act 
     of 2003''.

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

       (a) Minimum Period of Service Eliminated.--Section 328(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is 
     amended by striking ``for a period or periods aggregating 
     three years,''.
       (b) Prohibition on Imposition of Fees Relating to 
     Naturalization.--Section 328(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1439(b)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``honorable. The'' and inserting 
     ``honorable (the''; and
       (B) by striking ``discharge.'' and inserting ``discharge); 
     and''; and
       (2) 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 
     an application under subsection (a) 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) Conduct of Naturalization Proceedings Overseas for 
     Members of the Armed Forces of the United States.--
     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. 1401 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) Revocation of Citizenship for Separation from Military 
     Service Under Other Than Honorable Conditions.--Section 328 
     of the Immigration and Nationality Act (8 U.S.C. 1439) is 
     amended by adding at the end the following:
       ``(f) Citizenship granted pursuant to this section may be 
     revoked in accordance with section 340 if at any time 
     subsequent to naturalization the person is separated from the 
     military, air, or naval forces under other than honorable 
     conditions, and such ground for revocation shall be in 
     addition to any other provided by law. The fact that the 
     naturalized person was separated from the service under other 
     than honorable conditions shall be proved by a duly 
     authenticated certification from the executive department 
     under which the person was serving at the time of 
     separation.''.
       (e) 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''.
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