I 

115TH CONGRESS 

2D SESSION H. R. 5026 

To amend the Immigration and Nationality Act to waive certain requirements 

for naturalization for American Samoan United States nationals to become United States citizens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2018 

Mrs. RADEWAGEN (for herself and Ms. BORDALLO) introduced the following 

bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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, and for other purposes. 

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

3 SECTION 1. WAIVER OF CERTAIN NATURALIZATION RE4 QUIREMENTS FOR AMERICAN SAMOAN 

5 UNITED STATES NATIONALS TO BECOME 

6 UNITED STATES CITIZENS. 

7 (a) FINDINGS.—The Congress finds the following: 


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1 (1) Under the Immigration and Nationality 

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

3 States Virgin Islands, and the Commonwealth of the 

4 Northern Mariana Islands are citizens of the United 

5 States at birth. Persons born in the United States 

6 territory of American Samoa are nationals of the 

7 United States, but not citizens, at birth. 

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

9 is defined under the Immigration and Nationality 

10 Act to include persons who, though not citizens of 

11 the United States, owe permanent allegiance to the 

12 United States. 

13 (3) For more than 100 years, American 

14 Samoans who are United States nationals have dem15 onstrated their loyalty and allegiance to the United 

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

17 Tutuila and Aunu’u ceded their islands to the 

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

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

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

21 Congress officially ratified the Treaty of Cession of 

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

23 Manu’a. On March 4, 1925, by Joint Resolution of 

24 the Congress, American sovereignty was officially ex25 tended over Swains Island and it was placed under 


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1 the jurisdiction of the Government of American 

2 Samoa. 

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

4 many American Samoans who are United States na5 tionals have joined the United States Armed Forces 

6 and fought for the United States during World War 

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

8 and most recently in Iraq and Afghanistan. 

9 (5) However, in order for American Samoans 

10 who are United States nationals to become United 

11 States citizens, they must follow the same procedure 

12 as aliens lawfully admitted for permanent residence. 

13 This procedure requires, among other steps, an ap14 plication, fingerprinting, an interview, an English 

15 language and civics examination, and participation 

16 in an oath ceremony. The procedure may take years 

17 to complete. 

18 (6) Given that American Samoa’s education 

19 system is structured to closely resemble that of pub20 lic schools in the United States, that courses on 

21 United States history, civics, and government are 

22 thoroughly taught, that English is the language of 

23 public school instruction, and that United States na24 tionals by definition owe permanent allegiance to the 

25 United States, it is in the national interest that 


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1 United States nationals be allowed to become United 

2 States citizens by more expeditious means. 

3 (b) NATURALIZATION OF CERTAIN RESIDENTS OF

4 AMERICAN SAMOA.—Section 325 of the Immigration and 

5 Nationality Act (8 U.S.C. 1436) is amended to read as 

6 follows: 

7 ‘‘SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED 

8 STATES; RESIDENCE WITHIN OUTLYING POS9 SESSIONS. 

10 ‘‘(a) ELIGIBILITY FOR NATURALIZATION.—A person 

11 not a citizen who owes permanent allegiance to the United 

12 States, and who is otherwise qualified, may— 

13 ‘‘(1) if the person becomes a resident of any 

14 State, be naturalized upon compliance with the ap15 plicable requirements of this title, except that in ap16 plications for naturalization filed under the provi17 sions of this section, residence and physical presence 

18 within the United States within the meaning of this 

19 title shall include residence and physical presence 

20 within any of the outlying possessions of the United 

21 States; or 

22 ‘‘(2) if the person has continuously resided in 

23 any State or outlying possession of the United 

24 States from birth to the date of approval of the ap25 plication, be naturalized upon compliance with the 


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1 applicable requirements of this title other than sec2 tions 312 and 337(a) and paragraphs (1) and (2) of 

3 section 316(a). 

4 ‘‘(b) JURISDICTION.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall provide 

6 that applications, interviews, filings, oaths, cere7 monies, or other proceedings under this title, to the 

8 extent applicable, are available in an outlying posses9 sion of the United States with respect to— 

10 ‘‘(A) any applicant for naturalization 

11 under subsection (a)(2); 

12 ‘‘(B) any applicant for naturalization 

13 under section 328 or 329 who is a resident of 

14 an outlying possession of the United States; or 

15 ‘‘(C) any child described in section 

16 322(a)(5)(B) for whom an application is made 

17 under section 322. 

18 ‘‘(2) LIMITATION.—Notwithstanding any other 

19 provision of law, including sections 310(c) and 

20 336(b), no court shall have jurisdiction over any ap21 plication for naturalization filed by or on behalf of 

22 a resident of an outlying possession of the United 

23 States. 

24 ‘‘(c) CONSTRUCTION.—In determining eligibility for 

25 naturalization under subsection (a)(2)— 


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1 ‘‘(1) absence from any State or outlying posses2 sion of the United States for a continuous period of 

3 more than 180 days shall break the continuity of 

4 such residence, unless the person establishes to the 

5 satisfaction of the Secretary of Homeland Security 

6 that the person did not abandon such person’s resi7 dence during such period; 

8 ‘‘(2) in conducting the investigation and exam9 ination of the person under sections 332(a) and 335, 

10 the Secretary of Homeland Security may in the dis11 cretion of the Secretary waive a personal interview 

12 of the person; and 

13 ‘‘(3) the Secretary of Homeland Security, in the 

14 discretion of the Secretary, may impose a reduced 

15 fee for an application for naturalization under such 

16 subsection compared to other applications for natu17 ralization, taking into account the relative costs of 

18 processing an application for naturalization under 

19 such subsection.’’. 

20 (c) CHILDREN RESIDING IN AMERICAN SAMOA.— 

21 Section 322(a)(5) of the Immigration and Nationality Act 

22 (8 U.S.C. 1433(a)(5)) is amended to read as follows: 

23 ‘‘(5) The child— 


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1 ‘‘(A) is temporarily present in the United 

2 States pursuant to a lawful admission, and is 

3 maintaining such lawful status; or 

4 ‘‘(B) is present and resides in an outlying 

5 possession of the United States’’. 

6 SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STA7 TUS EDUCATION IN AMERICAN SAMOA. 

8 It is the sense of the Congress that the Secretary of 

9 the Interior may provide technical assistance to the Gov10 ernment of American Samoa under section 601(a) of the 

11 Act entitled ‘‘An Act to authorize appropriations for cer12 tain insular areas of the United States, and for other pur13 poses’’, approved December 24, 1980 (48 U.S.C. 

14 1469d(a)), for public education regarding political status 

15 options only if the political status options are consistent 

16 with the Constitution of the United States. 

Æ 


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