To amend the Immigration and Nationality Act relating to naturalization through service in the Armed Forces 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 Judiciary

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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