IB 

Union Calendar No. 57

108TH CONGRESS 

1ST SESSION H. R. 1954

[Report No. 108–111] 

To revise the provisions of the Immigration and Nationality Act relating 

to naturalization through service in the Armed Forces, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2003

Mr. SENSENBRENNER (for himself, Mr. COBLE, Mr. FLAKE, Mr. GUTIERREZ, 

Mr. HASTINGS of Washington, Mr. ISSA, Mr. JENKINS, Mr. JONES of 

North Carolina, Mr. KELLER, Mr. CONYERS, Ms. JACKSON-LEE of 

Texas, and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary 

MAY 19, 2003

Additional sponsors: Ms. SOLIS, Mr. DREIER, Mr. PEARCE, Mr. PUTNAM, Mr. 

LEWIS of California, and Mr. GREEN of Texas 

MAY 19, 2003

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 6, 2003] 

A BILL

To revise the provisions of the Immigration and Nationality 

Act relating to naturalization through service in the 

Armed Forces, and for other purposes.
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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 Natu5 ralization Act of 2003’’. 

6 SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED 

7 FORCES. 

8 (a) REDUCTION OF PERIOD FOR REQUIRED SERV9 ICE.—Section 328(a) of the Immigration and Nationality 

10 Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 

11 years,’’ and inserting ‘‘one year,’’. 

12 (b) PROHIBITION ON IMPOSITION OF FEES RELATING

13 TO NATURALIZATION.—Title III of the Immigration and 

14 Nationality Act (8 U.S.C. 1401 et seq.) is amended—

15 (1) in section 328(b)—

16 (A) in paragraph (3)—

17 (i) by striking ‘‘honorable. The’’ and 

18 inserting ‘‘honorable (the’’; and 

19 (ii) by striking ‘‘discharge.’’ and in20 serting ‘‘discharge); and’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(4) notwithstanding any other provision of law, 

23 no fee shall be charged or collected from the person for 

24 filing the application, or for the issuance of a certifi25 cate of naturalization upon being granted citizenship, 
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1 and no clerk of any State court shall charge or collect 

2 any fee for such services unless the laws of the State 

3 require such charge to be made, in which case nothing 

4 more than the portion of the fee required to be paid 

5 to the State shall be charged or collected.’’; and 

6 (2) in section 329(b)—

7 (A) in paragraph (2), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (3), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(4) notwithstanding any other provision of law, 

13 no fee shall be charged or collected from the person for 

14 filing the application, or for the issuance of a certifi15 cate of naturalization upon being granted citizenship, 

16 and no clerk of any State court shall charge or collect 

17 any fee for such services unless the laws of the State 

18 require such charge to be made, in which case nothing 

19 more than the portion of the fee required to be paid 

20 to the State shall be charged or collected.’’.

21 (c) REVOCATION OF CITIZENSHIP FOR SEPARATION

22 FROM MILITARY SERVICE UNDER OTHER THAN HONOR23 ABLE CONDITIONS.—Section 328 of the Immigration and 

24 Nationality Act (8 U.S.C. 1439) is amended by adding at 

25 the end the following: 
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1 ‘‘(f) Citizenship granted pursuant to this section may 

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

3 at any time subsequent to naturalization the person is sepa4 rated from the military, air, or naval forces under other 

5 than honorable conditions, and such ground for revocation 

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

7 that the naturalized person was separated from the service 

8 under other than honorable conditions shall be proved by 

9 a duly authenticated certification from the executive depart10 ment under which the person was serving at the time of 

11 separation.’’. 

12 (d) NATURALIZATION PROCEEDINGS OVERSEAS FOR

13 MEMBERS OF ARMED FORCES.—Notwithstanding any 

14 other provision of law, the Secretary of Homeland Security, 

15 the Secretary of State, and the Secretary of Defense shall 

16 ensure that any applications, interviews, filings, oaths, 

17 ceremonies, or other proceedings under title III of the Immi18 gration and Nationality Act (8 U.S.C. 1401 et seq.) relating 

19 to naturalization of members of the Armed Forces are avail20 able, to the maximum extent practicable, through United 

21 States embassies, consulates, and United States military in22 stallations overseas. 

23 (e) TECHNICAL AMENDMENT.—Section 328(b)(3) of the 

24 Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is 
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1 amended by striking ‘‘Attorney General,’’ and inserting 

2 ‘‘Secretary of Homeland Security,’’.

3 SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH 

4 WHILE ON ACTIVE-DUTY SERVICE IN ARMED 

5 FORCES. 

6 (a) IN GENERAL.—Section 329A of the Immigration 

7 and Nationality Act (8 U.S.C. 1440–1) is amended by 

8 striking subsection (e) and inserting the following: 

9 ‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not10 withstanding any other provision of law, no fee shall be 

11 charged or collected from a person for filing a request for 

12 the granting of posthumous citizenship under subsection (c), 

13 or for the issuance of a document under subsection (d). 

14 ‘‘(f) BENEFITS FOR SURVIVORS.—

15 ‘‘(1) SPOUSES.—Notwithstanding the second sen16 tence of section 201(b)(2)(A)(i), a person who is the 

17 surviving spouse of a person granted posthumous citi18 zenship under this section, and who was living in 

19 marital union with the citizen spouse at the time of 

20 death, shall be considered, for purposes of section 

21 201(b), to remain an immediate relative after the 

22 date of the citizen’s death, but only until the date on 

23 which the surviving spouse remarries. 

24 ‘‘(2) CHILDREN.—Notwithstanding the second 

25 sentence of section 201(b)(2)(A)(i), a person who is 
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1 the surviving child of a person granted posthumous 

2 citizenship under this section, and who is an unmar3 ried person under 21 years of age on the date on 

4 which the petition under paragraph (4) is filed, shall 

5 be considered, for purposes of section 201(b), to re6 main an immediate relative after the date of the citi7 zen’s death (regardless of changes in age or marital 

8 status after such filing date). 

9 ‘‘(3) PARENTS.—Notwithstanding the first sen10 tence of section 201(b)(2)(A)(i), a person who is the 

11 surviving parent of a person granted posthumous citi12 zenship under this section, and who is lawfully 

13 present in the United States on the date of the citi14 zen’s death, shall be considered, for purposes of section 

15 201(b), to remain an immediate relative after such 

16 date, and the requirement that the citizen be at least 

17 21 years of age shall not apply. 

18 ‘‘(4) SELF-PETITIONS.—

19 ‘‘(A) IN GENERAL.—In the case of a sur20 viving spouse, child, or parent who remains an 

21 immediate relative after the date of a citizen’s 

22 death pursuant to paragraph (1), (2), or (3), 

23 any petition under section 204 otherwise re24 quired to be filed by the citizen to classify the 

25 spouse, child, or parent under section 
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1 201(b)(2)(A)(i) may be filed instead by the 

2 spouse, child, or parent. 

3 ‘‘(B) MINOR CHILDREN.—In the case of a 

4 child under 18 years of age on the filing date, 

5 the petition described in subparagraph (A) shall 

6 be filed on behalf of the child by a parent or 

7 legal guardian of the child. 

8 ‘‘(5) DEADLINE.—Paragraphs (1) through (4) 

9 shall apply only if the petition under paragraph (4) 

10 is filed not later than 2 years after the date on which 

11 the request under subsection (c) is granted. 

12 ‘‘(6) CONVERSION OF PETITIONS.—In the case of 

13 a petition under section 204 initially filed for an 

14 alien’s classification as a family-sponsored immi15 grant under section 203(a)(2)(A), based on the alien’s 

16 spouse or parent being lawfully admitted for perma17 nent residence, upon the grant of posthumous citizen18 ship under this section to the petitioner, the Secretary 

19 of Homeland Security—

20 ‘‘(A) shall convert such petition to a peti21 tion filed under paragraph (4) to classify the 

22 alien as an immediate relative under subsection 

23 (b)(2)(A)(i); 
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1 ‘‘(B) shall ensure that the priority date as2 signed upon receipt of the original petition is 

3 maintained; and 

4 ‘‘(C) otherwise shall treat the date on which 

5 the request under subsection (c) is granted as the 

6 petition filing date for purposes of this sub7 section. 

8 ‘‘(7) WAIVER OF PUBLIC CHARGE GROUND FOR

9 INADMISSIBILITY.—In determining the admissibility 

10 of any alien accorded an immigration benefit under 

11 this subsection, the grounds for inadmissibility speci12 fied in section 212(a)(4) shall not apply. 

13 ‘‘(8) NO BENEFITS FOR OTHER RELATIVES.—

14 Nothing in this section shall be construed as pro15 viding for any benefit under this Act for any relative 

16 of a person granted posthumous citizenship under this 

17 section who is not treated as a spouse, child, or par18 ent under this subsection.’’.

19 (b) NATURALIZATION FOR SURVIVING SPOUSES.—Sec20 tion 319(d) of the Immigration and Nationality Act (8 

21 U.S.C. 1430(d)) is amended by adding at the end the fol22 lowing: ‘‘For purposes of this subsection, the terms ‘United 

23 States citizen’ and ‘citizen spouse’ include a person granted 

24 posthumous citizenship under section 329A.’’. 
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1 (c) TECHNICAL AMENDMENTS.—Section 329A of the 

2 Immigration and Nationality Act (8 U.S.C. 1440–1) is 

3 amended by striking ‘‘Attorney General’’ each place such 

4 term appears and inserting ‘‘Secretary of Homeland Secu5 rity’’. 

6 SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 

7 SPOUSES, CHILDREN, AND PARENTS OF CITI8 ZENS WHO DIE WHILE ON ACTIVE DUTY. 

9 (a) TREATMENT AS IMMEDIATE RELATIVES.—Section 

10 201(f) of the Immigration and Nationality Act (8 U.S.C. 

11 1151(f)) is amended by adding at the end the following: 

12 ‘‘(4) SURVIVING ALIEN SPOUSES, CHILDREN, AND

13 PARENTS OF CITIZENS WHO DIE WHILE ON ACTIVE14 DUTY SERVICE IN ARMED FORCES.—

15 ‘‘(A) BENEFITS FOR SURVIVORS.—

16 ‘‘(i) IN GENERAL.—The benefits under 

17 this paragraph shall apply only to a sur18 viving spouse, child, or parent of a person 

19 who, while a citizen of the United States, 

20 died during a period of honorable service in 

21 the Armed Forces of the United States as a 

22 result of injury or disease incurred in or 

23 aggravated by such service. 

24 ‘‘(ii) DETERMINATIONS.—The executive 

25 department under which the citizen so 
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1 served shall determine whether the citizen 

2 satisfied the requirements of clause (i).

3 ‘‘(B) SPOUSES.—Notwithstanding the sec4 ond sentence of subsection (b)(2)(A)(i), a person 

5 who is a surviving spouse described in subpara6 graph (A), and who was living in marital union 

7 with the citizen described in such subparagraph 

8 at the time of death, shall be considered, for pur9 poses of subsection (b), to remain an immediate 

10 relative after the date of the citizen’s death, but 

11 only until the date on which the surviving spouse 

12 remarries. 

13 ‘‘(C) CHILDREN.—Notwithstanding the sec14 ond sentence of subsection (b)(2)(A)(i), a person 

15 who is a surviving child described in subpara16 graph (A), and who is an unmarried person 

17 under 21 years of age on the date on which a pe18 tition described in subparagraph (E) to classify 

19 the alien as an immediate relative is filed, shall 

20 be considered, for purposes of subsection (b), to 

21 remain an immediate relative after the date of 

22 the citizen’s death (regardless of changes in age 

23 or marital status after such filing date). 

24 ‘‘(D) PARENTS.—Notwithstanding the first 

25 sentence of subsection (b)(2)(A)(i), a person who 
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1 is a surviving parent described in subparagraph 

2 (A), and who is lawfully present in the United 

3 States on the date of the citizen’s death, shall be 

4 considered, for purposes of subsection (b), to re5 main an immediate relative after such date, and 

6 the requirement that the citizen be at least 21 

7 years of age shall not apply. 

8 ‘‘(E) TREATMENT OF PETITIONS.—

9 ‘‘(i) CONTINUATION OF PETITIONS.—A 

10 petition properly filed on behalf of a spouse, 

11 child, or parent under section 

12 204(a)(1)(A)(i) by a citizen described in 

13 subparagraph (A) prior to the citizen’s 

14 death shall be valid to classify the spouse, 

15 child, or parent as an immediate relative 

16 pursuant to this paragraph. No new peti17 tion shall be required to be filed, and any 

18 priority date assigned prior to the death 

19 shall be maintained. 

20 ‘‘(ii) SELF-PETITIONS.—In the case of 

21 a surviving child or parent who remains an 

22 immediate relative after the date of a citi23 zen’s death pursuant to subparagraph (C) 

24 or (D), any petition under section 204 oth25 erwise required to be filed by the citizen to 
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1 classify the child or parent under subsection 

2 (b)(2)(A)(i) may be filed instead by the 

3 child or parent. In the case of a surviving 

4 spouse who remains an immediate relative 

5 after the date of a citizen’s death pursuant 

6 to subparagraph (B), the spouse may peti7 tion under section 204(a)(1)(A)(ii) and 

8 shall be treated as an alien spouse described 

9 in the second sentence of subsection 

10 (b)(2)(A)(i) for such purpose. 

11 ‘‘(iii) MINOR CHILDREN.—In the case 

12 of a child under 18 years of age on the fil13 ing date, the petition described in clause 

14 (ii) shall be filed on behalf of the child by 

15 a parent or legal guardian of the child. 

16 ‘‘(iv) DEADLINE.—In the case of peti17 tion under clause (ii), subparagraphs (B), 

18 (C), and (D) shall apply only if such peti19 tion is filed not later than 2 years after the 

20 date of the citizen’s death. 

21 ‘‘(F) WAIVER OF PUBLIC CHARGE GROUND

22 FOR INADMISSIBILITY.—In determining the ad23 missibility of any alien accorded an immigra24 tion benefit under this paragraph, the grounds 
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1 for inadmissibility specified in section 212(a)(4) 

2 shall not apply.’’. 

3 (b) TECHNICAL AMENDMENT.—Section 201(f)(1) of the 

4 Immigration and Nationality Act (8 U.S.C. 201(f)(1)) is 

5 amended by striking ‘‘Attorney General’’ and inserting 

6 ‘‘Secretary of Homeland Security’’. 

7 SEC. 5. EFFECTIVE DATE. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), this Act and the amendments made by this Act shall 

10 take effect as if enacted on September 11, 2001. 

11 (b) FEES.—The amendments made by this Act to sec12 tions 328 through 329A of the Immigration and Nationality 

13 Act (8 U.S.C. 1439–1440–1), insofar as such amendments 

14 prohibit the imposition of a fee—

15 (1) shall take effect on the date of the enactment 

16 of this Act; and 

17 (2) shall not be construed to require the refund 

18 or return of any fee collected before such date.
Union Calendar No. 57

108TH CONGRESS 

1ST SESSION H. R. 1954

[Report No. 108–111] 

A BILL

To revise the provisions of the Immigration and 

Nationality Act relating to naturalization through service in the Armed Forces, and for other purposes. 

MAY 19, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed