I 

108TH CONGRESS 

1ST SESSION H. R. 1714

To amend the Immigration and Nationality Act relating to naturalization 

through service in the Armed Forces of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. HASTINGS of Washington introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act relating to 

naturalization through service in the Armed Forces of 

the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Armed Forces Citizen5 ship Act of 2003’’. 

6 SEC. 2. NATURALIZATION THROUGH SERVICE IN THE 

7 ARMED FORCES OF THE UNITED STATES. 

8 (a) MINIMUM PERIOD OF SERVICE ELIMINATED.—

9 Section 328(a) of the Immigration and Nationality Act (8 
2

•HR 1714 IH 

1 U.S.C. 1439(a)) is amended by striking ‘‘for a period or 

2 periods aggregating three years,’’. 

3 (b) PROHIBITION ON IMPOSITION OF FEES RELAT4 ING TO NATURALIZATION.—Section 328(b) of the Immi5 gration and Nationality Act (8 U.S.C. 1439(b)) is amend6 ed—

7 (1) by striking the period at the end of para8 graph (3) and inserting ‘‘; and’’; and 

9 (2) by adding after paragraph (3) the following: 

10 ‘‘(4) notwithstanding any other provision of 

11 law, no fee shall be charged or collected from the ap12 plicant for filing an application under subsection (a) 

13 or issuing a certificate of naturalization upon admis14 sion to citizenship, and no clerk of any State court 

15 shall charge or collect any fee for such services un16 less the laws of the State require such charge to be 

17 made, in which case nothing more than the portion 

18 of the fee required to be paid to the State shall be 

19 charged or collected.’’. 

20 (c) CONDUCT OF NATURALIZATION PROCEEDINGS

21 OVERSEAS FOR MEMBERS OF THE ARMED FORCES OF

22 THE UNITED STATES.—Notwithstanding any other provi23 sion of law, the Secretary of Homeland Security, the Sec24 retary of State, and the Secretary of Defense, shall ensure 

25 that any applications, interviews, filings, oaths, cere-
3

•HR 1714 IH 

1 monies, or other proceedings under title III of the Immi2 gration and Nationality Act relating to naturalization of 

3 members of the Armed Forces are available through 

4 United States embassies and consulates and, as prac5 ticable, United States military installations overseas. 

6 (d) REVOCATION OF CITIZENSHIP FOR SEPARATION

7 FROM MILITARY SERVICE UNDER OTHER THAN HONOR8 ABLE CONDITIONS.—Section 328 of such Act is further 

9 amended by inserting after subsection (e) the following 

10 new subsection: 

11 ‘‘(f) Citizenship granted pursuant to this section may 

12 be revoked in accordance with section 340 of this title if 

13 at any time subsequent to naturalization the person is sep14 arated from the military, air, or naval forces under other 

15 than honorable conditions, and such ground for revocation 

16 shall be in addition to any other provided by law. The fact 

17 that the naturalized person was separated from the service 

18 under other than honorable conditions shall be proved by 

19 a duly authenticated certification from the executive de20 partment under which the person was serving at the time 

21 of separation.’’. 

22 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

23 Section 328 of the Immigration and Nationality Act (8 

24 U.S.C. 1439) is amended by striking ‘‘the Attorney Gen-
4

•HR 1714 IH 

1 eral’’ each place such term appears and inserting ‘‘the 

2 Secretary of Homeland Security’’.

Æ