[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 940 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 940
To amend the Immigration and Nationality Act relating to naturalization
through service in the Armed Forces of the United States.
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IN THE SENATE OF THE UNITED STATES
April 29, 2003
Mr. Graham of South Carolina introduced the following bill; which was
read twice and referred to the Committee on the JudiciaryYYYYYY
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act relating to naturalization
through service in the Armed Forces of the United States.
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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