H.R. 1954House108th Congress (2003-2005)Passed House

Naturalization and Family Protection for Military Members Act of 2003

To revise the provisions of the Immigration and Nationality Act relating to naturalization through service in the Armed Forces, and for other purposes.

Also known as Armed Forces Naturalization Act of 2003

Introduced May 6, 2003

Legislative Activity

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19 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 142.

June 16, 2003

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HouseIntro Referral

Introduced in House

May 6, 2003

HouseIntro Referral

Referred to the House Committee on the Judiciary.

May 6, 2003

HouseCommittee

Referred to the Subcommittee on Immigration, Border Security, and Claims.

May 6, 2003

HouseCommittee

Subcommittee on Immigration, Border Security, and Claims Discharged.

May 7, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 7, 2003

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 7, 2003

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 108-111.

May 19, 2003

HouseCalendars

Placed on the Union Calendar, Calendar No. 57.

May 19, 2003

HouseFloor

Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.

June 4, 2003 • 2:43 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4899-4910)

June 4, 2003 • 2:44 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1954.

June 4, 2003 • 2:44 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 4, 2003 • 3:32 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4921)

June 4, 2003 • 5:11 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 414 - 5 (Roll no. 239). (text: CR H4899-4901)

June 4, 2003 • 5:19 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 4, 2003 • 5:19 PM

SenateIntro Referral

Received in the Senate.

June 5, 2003

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

June 10, 2003

SenateCommittee

Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

June 12, 2003

SenateCommittee

Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.

June 16, 2003

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 142.

June 16, 2003

Floor Debate

21 members

What members said about H.R. 1954 on the floor

8 Republicans13 Democrats
F. James Sensenbrenner, Jr.

Mr. Speaker, pursuant to House Resolution 257, I call up the bill (H.R. 760) to prohibit the procedure commonly known as partial-birth abortion, and ask for its immediate consideration. Mr. Speaker,…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 4, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this is a great day today. Mr. Speaker, I might add my support to H. Con. Res. 177, that commends the troops for the Iraqi…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jun 4, 2003

Mr. Speaker, I thank the chairman, the gentleman from Wisconsin (Mr. Sensenbrenner) for yielding me this time. Mr. Speaker, the reason this is on the consent calendar is that the members of the…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jun 4, 2003

Mr. Speaker, I want to thank very much the ranking member of the subcommittee on Judiciary that is managing this bill, I want to thank him for the great work that he and the Judiciary staff have done…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 4, 2003

Mr. Speaker, I have another story; it is one that I have watched and heard and seen over the years that we have been dealing with this concept, political concept of partial-birth abortion. I have the…

Show 8 more
Steve Chabot
Rep. Steve ChabotR-OH-1 · Jun 4, 2003

Mr. Speaker, I thank the gentleman for yielding me this time. Partial-birth abortion is the termination of the life of a living baby just seconds before it takes its first breath outside the womb.…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Jun 4, 2003

Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Green). (Mr. GREEN of Texas asked and was given permission to revise and extend his remarks.) Mr. Speaker, I yield 4…

F. James Sensenbrenner, Jr.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1954) to revise the provisions of the Immigration and Nationality Act relating to naturalization through service in the Armed Forces,…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 4, 2003

Mr. Speaker, I yield myself 6 minutes. Mr. Speaker, first, let us stipulate, I hope, that no one on this floor is pro-abortion any more than George Bush is pro-war. I supported President Bush, and I…

James C. Greenwood
Rep. James C. GreenwoodR-PA-8 · Jun 4, 2003

Mr. Speaker, I offer an amendment in the nature of a substitute. Mr. Speaker, I ask unanimous consent to yield 15 minutes to the gentleman from Maryland (Mr. Hoyer) for the purposes of control. Mr.…

Gregory W. Meeks
Rep. Gregory W. MeeksD-NY-6 · Jun 4, 2003

Mr. Speaker, I oppose this legislation, not because of political ideology, not because I believe my wife, my two sisters, and my three daughters should have the right to decide when to bring a child…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jun 4, 2003

Mr. Speaker, I thank my colleague for yielding me time and I congratulate him on his extraordinary leadership on this issue. Mr. Speaker, I first would like to respond to my colleague on the other…

Chet Edwards
Rep. Chet EdwardsD-TX-11 · Jun 4, 2003

Mr. Speaker, if there is one frivolous late-term abortion in America, in my book that is one too many. But this bill is a false promise for two reasons. First, it is clearly unconstitutional, since…

Show 11 more
Howard L. Berman
Rep. Howard L. BermanD-CA-28 · Jun 4, 2003

Mr. Speaker, I thank the gentlewoman, the ranking member of the subcommittee, both for her excellent work and for yielding me this time. I rise in strong support of the bill, but I do want to point…

Nancy L. Johnson
Rep. Nancy L. JohnsonR-CT-5 · Jun 4, 2003

Mr. Speaker, I thank the Committee on Rules for making this amendment in order. This is a very important issue because it involves the balancing of conflicting rights, the right of the fetus and the…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · Jun 4, 2003

Mr. Speaker, I am pleased to rise today in favor of H.R. 1954, the Armed Forces Naturalization Act, which recognizes the contributions made to our country by over 37,000 legal permanent residents…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Jun 4, 2003

Mr. Speaker, I support the Partial Birth Abortion Ban Act, which bans partial-birth abortions unless they are necessary to save a mother's life. Partial birth abortion is a gruesome and inhumane…

Ron Paul
Rep. Ron PaulR-TX-14 · Jun 4, 2003

Mr. Speaker, like many Americans, I am greatly concerned about abortion. Abortion on demand is no doubt the most serious sociopolitical problem of our age. The lack of respect for life that permits…

Sam Farr
Rep. Sam FarrD-CA-17 · Jun 4, 2003

Mr. Speaker, I rise today in strong opposition to the ongoing campaign to undermine the constitutionally established right to privacy, which threatens women's access to safe and comprehensive…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-39 · Jun 4, 2003

Mr. Speaker, I am pleased to stand here and support this bill, but I just want to bring people's attention to one part of the bill in particular I am concerned about, and that is parents of legal…

Steve King
Rep. Steve KingR-IA-5 · Jun 4, 2003

Mr. Speaker, I very much appreciate the gentleman yielding me this time. As I looked at this situation, there were two things that jumped out at me that cried to be answered. One of them was, as I…

Martin Frost
Rep. Martin FrostD-TX-24 · Jun 4, 2003

Mr. Speaker, I thank the gentlewoman for yielding me the time. Mr. Speaker, I am here today to express my support for H.R. 1954, the Armed Forces Naturalization Act of 2003. In the war against Saddam…

Nita M. Lowey
Rep. Nita M. LoweyD-NY-18 · Jun 4, 2003

Mr. Speaker, after commemorating the 30th anniversary of the Supreme Court's decision in Roe v. Wade just 6 months ago, we are reminded again today that the fight to preserve a woman's right to…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Jun 4, 2003

Mr. Speaker, I appreciate the chairman bringing this bill to the floor. Mr. Speaker, as I have watched the debate, and it has been a good debate, what I have heard from the proponents of the…

Bill Text

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Latest
Reported to SenateIssued June 16, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1954 Reported in Senate (RS)]

Calendar No. 142
108th CONGRESS
1st Session
H.R. 1954

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 5, 2003

Received

June 10, 2003

Read twice and referred to the Committee on the Judiciary

June 16, 2003

Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

To revise the provisions of the Immigration and Nationality Act
relating to naturalization through service in the Armed Forces, 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. SHORT TITLE.

This Act may be cited as the ``Naturalization and Family Protection
for Military Members 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. 1401 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 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. 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) Finalization of Naturalization Proceedings for Members of the
Armed Forces.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Defense shall prescribe a policy that
facilitates the opportunity for a member of the Armed Forces to
finalize naturalization for which the member has applied. The policy
shall include, for such purpose, the following:
(1) A high priority for grant of emergency leave.
(2) A high priority for transportation on aircraft of, or
chartered by, the Armed Forces.
(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''.

SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED RESERVE OF
THE READY RESERVE.

Section 329(a) of the Immigration and Nationality Act (8 U.S.C.
1440(a)) is amended by inserting ``as a member of the Selected Reserve
of the Ready Reserve or'' after ``has served honorably''.

SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.

(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, if the citizen served
honorably in an active duty status in the military, air, or
naval forces of the United States and died as a result of
injury or disease incurred in or aggravated by combat, the
alien (and each child of the alien) shall be considered, for
purposes of section 201(b) of such Act, to remain an immediate
relative after the date of the citizen's death, but only if the
alien files a petition under section 204(a)(1)(A)(ii) of such
Act within 2 years after such date and only until the date the
alien remarries. For purposes of such section 204(a)(1)(A)(ii),
an alien granted relief under the preceding sentence shall be
considered an alien spouse described in the second sentence of
section 201(b)(2)(A)(i) of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen served honorably
in an active duty status in the military, air, or naval
forces of the United States and died as a result of
injury or disease incurred in or aggravated by combat,
the alien shall be considered, for purposes of section
201(b) of the Immigration and Nationality Act (8 U.S.C.
1151(b)), to remain an immediate relative after the
date of the citizen's death (regardless of changes in
age or marital status thereafter), but only if the
alien files a petition under subparagraph (B) within 2
years after such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen's death, if the citizen served
honorably in an active duty status in the military,
air, or naval forces of the United States and died as a
result of injury or disease incurred in or aggravated
by combat, the alien shall be considered, for purposes
of section 201(b) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)), to remain an immediate relative
after the date of the citizen's death (regardless of
changes in age or marital status thereafter), but only
if the alien files a petition under subparagraph (B)
within 2 years after such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) Exception.--Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A) does
not have to be 21 years of age for a parent to benefit
under this paragraph.
(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in paragraph
(2)(B), may have such application adjudicated as if such death
had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by combat; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien
described in paragraph (3) who is included in a
petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the spouse
or child has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner
for immediate relative status under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall
be eligible for deferred action, advance parole, and
work authorization.
(B) Petitions.--An alien spouse or child described
in subparagraph (A) may file a petition with the
Secretary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant may
file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by combat; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a
petition within 2 years after such date. For purposes of such
Act, such petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such
parent shall be eligible for deferred action, advance parole,
and work authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by combat; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the ground for inadmissibility specified in section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4))
shall not apply, and notwithstanding any other provision of law, the
Secretary of Homeland Security may waive paragraph (6)(A), (7), and
(9)(B) of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) with respect to such an alien if the alien establishes
exceptional and extremely unusual hardship to the alien or the alien's
spouse, parent, or child, who is a citizen of the United States or an
alien lawfully admitted for permanent residence. Any such waiver by the
Secretary of Homeland Security shall be in writing and shall be granted
only on an individual basis following an investigation.
(g) Benefits to Survivors; Technical Amendment.--Section 329A of
the Immigration and Nationality Act (8 U.S.C. 1440-1) is amended--
(1) by striking subsection (e); and
(2) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''.
(h) Technical and Conforming Amendments.--Section 319(d) of the
Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended--
(1) by inserting ``, child, or parent'' after ``surviving
spouse'';
(2) by inserting ``, parent, or child'' after ``whose
citizen spouse''; and
(3) by striking ``who was living'' and inserting ``who, in
the case of a surviving spouse, was living''.

SEC. 5. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITIZENSHIP TO
MEMBERS OF THE ARMED FORCES.

Section 329A of the Immigration and Nationality Act (8 U.S.C. 1440-
1) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Requests for Posthumous Citizenship.--
``(1) In general.--A request for the granting of posthumous
citizenship to a person described in subsection (b) may be
filed on behalf of that person--
``(A) upon locating the next-of-kin, and if so
requested by the next-of-kin, by the Secretary of
Defense or the Secretary's designee with the Bureau of
Citizenship and Immigration Services in the Department
of Homeland Security immediately upon the death of that
person; or
``(B) by the next-of-kin.
``(2) Approval.--The Director of the Bureau of Citizenship
and Immigration Services shall approve a request for posthumous
citizenship filed by the next-of-kin in accordance with
paragraph (1)(B) if--
``(A) the request is filed not later than 2 years
after--
``(i) the date of enactment of this
section; or
``(ii) the date of the person's death;
whichever date is later;
``(B) the request is accompanied by a duly
authenticated certificate from the executive department
under which the person served which states that the
person satisfied the requirements of paragraphs (1) and
(2) of subsection (b); and
``(C) the Director finds that the person satisfied
the requirement of subsection (b)(3).''; and
(2) by striking subsection (d) and inserting the following:
``(d) Documentation of Posthumous Citizenship.--If the Director of
the Bureau of Citizenship and Immigration Services approves the request
referred to in subsection (c), the Director shall send to the next-of-
kin of the person who is granted citizenship, a suitable document which
states that the United States considers the person to have been a
citizen of the United States at the time of the person's death.''.

SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect as
if enacted on September 11, 2001.

Calendar No. 142

108th CONGRESS

1st Session

H. R. 1954

_______________________________________________________________________

AN ACT

To revise the provisions of the Immigration and Nationality Act
relating to naturalization through service in the Armed Forces, and for
other purposes.

_______________________________________________________________________

June 16, 2003

Reported with an amendment