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

May 6, 2003

Mr. HASTINGS of Washington introduced the following bill; which was referred to the Committee on the Judiciary

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 `Armed Forces Citizenship Act of 2003'.

SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED FORCES.

(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 `one year,'.

(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 person for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, 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 person for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, 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 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, to the maximum extent practicable, through United States embassies, consulates, and United States military installations overseas.

(d) TECHNICAL 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,'.

(e) EFFECTIVE DATES-

(1) IN GENERAL- Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on the date of the enactment of this Act.

(2) REDUCTION OF PERIOD FOR REQUIRED SERVICE- The amendment made by subsection (a) shall take effect as if enacted on September 11, 2001.

(3) FEES- The amendments made by this section to sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439-1440), insofar as such amendments prohibit the imposition of a fee, shall not be construed to require the refund or return of any fee collected before the date of the enactment of this Act.

END