I 

112TH CONGRESS 

2D SESSION H. R. 4021 

To amend the Immigration and Nationality Act to waive certain requirements 

for naturalization for American Samoan United States nationals to become United States citizens. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2012 

Mr. FALEOMAVAEGA introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to waive 

certain requirements for naturalization for American Samoan United States nationals to become United States 

citizens. 

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

3 SECTION 1. FINDINGS. 

4 The Congress finds the following: 

5 (1) Under the Immigration and Nationality 

6 Act, persons born in Puerto Rico, Guam, the United 

7 States Virgin Islands, and the Commonwealth of the 

8 Northern Mariana Islands are citizens of the United 


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1 States at birth. Persons born in the United States 

2 territory of American Samoa are nationals of the 

3 United States, but not citizens, at birth. 

4 (2) The term ‘‘national of the United States’’ 

5 is defined under the Immigration and Nationality 

6 Act to include persons who, though not citizens of 

7 the United States, owe permanent allegiance to the 

8 United States. 

9 (3) For more than 100 years, American 

10 Samoans who are United States nationals have dem11 onstrated their loyalty and allegiance to the United 

12 States. On April 17, 1900, the village chiefs of 

13 Tutuila and Aunu’u ceded their islands to the 

14 United States. On July 16, 1904, his Majesty King 

15 Tuimanu’a of the Manu’a Islands and his village 

16 chiefs did the same. On February 20, 1929, the 

17 United States Congress officially ratified the Treaty 

18 of Cession of Tutuila and Aunu’u and the Treaty of 

19 Cession of Manu’a. On March 4, 1925, by Joint 

20 Resolution of the United States Congress, American 

21 sovereignty was officially extended over Swains Is22 land and it was placed under the jurisdiction of the 

23 government of American Samoa. 

24 (4) Since ratification of the Treaties of Cession, 

25 many American Samoans who are United States naVerDate Mar 15 2010 03:13 Feb 15, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4021.IH H4021

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1 tionals have joined the United States Armed Forces 

2 and fought for the United States during World War 

3 II, the Korean, Vietnam, and Persian Gulf wars, 

4 and most recently in Iraq and Afghanistan. 

5 (5) However, in order for American Samoans 

6 who are United States nationals to become United 

7 States citizens, they must follow the same procedure 

8 as aliens lawfully admitted for permanent residence. 

9 This procedure requires, among other steps, an ap10 plication, fingerprinting, an interview, an English 

11 language and civics examination, and participation 

12 in an oath ceremony. The procedure may take years 

13 to complete. 

14 (6) Given that American Samoa’s education 

15 system is structured to closely resemble that of pub16 lic schools in the United States, that courses on 

17 United States history, civics, and government are 

18 thoroughly taught, that English is the language of 

19 public school instruction, and that United States na20 tionals by definition owe permanent allegiance to the 

21 United States, it is in the national interest that 

22 United States nationals be allowed to become United 

23 States citizens by more expeditious means. 


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1 SEC. 2. WAIVER OF CERTAIN NATURALIZATION REQUIRE2 MENTS FOR AMERICAN SAMOAN UNITED 

3 STATES NATIONALS TO BECOME UNITED 

4 STATES CITIZENS. 

5 Chapter 2 of title III of the Immigration and Nation6 ality Act is amended by inserting after section 326 (8 

7 U.S.C. 1437) the following new section: 

8 ‘‘SEC. 326A. AMERICAN SAMOAN UNITED STATES NATION9 ALS EXCEPTED FROM CERTAIN REQUIRE10 MENTS. 

11 ‘‘(a) IN GENERAL.—For any person who is born in 

12 American Samoa and resides continuously within Amer13 ican Samoa from the date of such person’s birth up to 

14 the time of admission to citizenship, the following are 

15 waived: 

16 ‘‘(1) The requirements for naturalization under 

17 section 312. 

18 ‘‘(2) All the requirements as to residence and 

19 physical presence within the United States and a 

20 particular State for naturalization under section 

21 316. 

22 ‘‘(3) Section 325. 

23 ‘‘(b) ABSENCE FROM AMERICAN SAMOA.—Absence 

24 from American Samoa for a continuous period of more 

25 than 180 days during the period for which continuous resi26 dency is required for admission to citizenship under subVerDate Mar 15 2010 03:13 Feb 15, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4021.IH H4021

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1 section (a) shall break the continuity of such residence, 

2 unless a person described in subsection (a) establishes to 

3 the satisfaction of the Secretary of Homeland Security 

4 that such person did not abandon such person’s residence 

5 in American Samoa during such period.’’. 

6 SEC. 3. CLERICAL AMENDMENT. 

7 The table of contents of the Immigration and Nation8 ality Act is amended by inserting after the item relating 

9 to section 326 the following new item: 

‘‘Sec. 326A. American Samoan United States nationals excepted from certain 

requirements.’’. 

Æ 


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