I 

116TH CONGRESS 

1ST SESSION H. R. 3482 

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 

JUNE 25, 2019 

Mrs. RADEWAGEN 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 the United States territory of 

3 American Samoa are nationals of the United States, 

4 but not citizens, at birth. 

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

6 is defined under the Immigration and Nationality 

7 Act to include persons who, though not citizens of 

8 the United States, owe permanent allegiance to the 

9 United States. 

10 (3) A large number of American Samoans who 

11 are United States nationals have joined the United 

12 States Armed Forces and fought for the United 

13 States. 

14 (4) However, in order for American Samoans 

15 who are United States nationals to become United 

16 States citizens, they must follow the same procedure 

17 as aliens lawfully admitted for permanent residence. 

18 This procedure requires, among other steps, an ap19 plication, fingerprinting, an interview, an English 

20 language and civics examination, and participation 

21 in an oath ceremony. The procedure may take years 

22 to complete. 

23 (5) Given that American Samoa’s education 

24 system is structured to closely resemble that of pub25 lic schools in the United States, that courses on 


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1 United States history, civics, and government are 

2 thoroughly taught, that English is the language of 

3 public school instruction, and that United States na4 tionals by definition owe permanent allegiance to the 

5 United States, it is in the national interest that 

6 United States nationals be allowed to become United 

7 States citizens by more expeditious means. 

8 (b) NATURALIZATION OF CERTAIN RESIDENTS OF

9 AMERICAN SAMOA.—Section 325 of the Immigration and 

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

11 follows: 

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

13 STATES; RESIDENCE WITHIN OUTLYING POS14 SESSIONS. 

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

16 not a citizen who owes permanent allegiance to the United 

17 States, and who is otherwise qualified, may— 

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

19 State, be naturalized upon compliance with the ap20 plicable requirements of this title, except that in ap21 plications for naturalization filed under the provi22 sions of this section, residence and physical presence 

23 within the United States within the meaning of this 

24 title shall include residence and physical presence 


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1 within any of the outlying possessions of the United 

2 States; or 

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

4 any State or outlying possession of the United 

5 States from birth to the date of approval of the ap6 plication, be naturalized upon compliance with the 

7 applicable requirements of this title other than sec8 tions 312 and 337(a) and paragraphs (1) and (2) of 

9 section 316(a). 

10 ‘‘(b) JURISDICTION.— 

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

12 that applications, interviews, filings, oaths, cere13 monies, or other proceedings under this title, to the 

14 extent applicable, are available in an outlying posses15 sion of the United States with respect to— 

16 ‘‘(A) any applicant for naturalization 

17 under subsection (a)(2); 

18 ‘‘(B) any applicant for naturalization 

19 under section 328 or 329 who is a resident of 

20 an outlying possession of the United States; or 

21 ‘‘(C) any child described in section 

22 322(a)(5)(B) for whom an application is made 

23 under section 322. 

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

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


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1 336(b), no court shall have jurisdiction over any ap2 plication for naturalization filed by or on behalf of 

3 a resident of an outlying possession of the United 

4 States. 

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

6 naturalization under subsection (a)(2)— 

7 ‘‘(1) absence from any State or outlying posses8 sion of the United States for a continuous period of 

9 more than 180 days shall break the continuity of 

10 such residence, unless the person establishes to the 

11 satisfaction of the Secretary of Homeland Security 

12 that the person did not abandon such person’s resi13 dence during such period; 

14 ‘‘(2) in conducting the investigation and exam15 ination of the person under sections 332(a) and 335, 

16 the Secretary of Homeland Security may in the dis17 cretion of the Secretary waive a personal interview 

18 of the person; and 

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

20 discretion of the Secretary, may impose a reduced 

21 fee for an application for naturalization under such 

22 subsection compared to other applications for natu23 ralization, taking into account the relative costs of 

24 processing an application for naturalization under 

25 such subsection.’’. 


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1 (c) CHILDREN RESIDING IN AMERICAN SAMOA.— 

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

3 (8 U.S.C. 1433(a)(5)) is amended to read as follows: 

4 ‘‘(5) The child— 

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

6 States pursuant to a lawful admission, and is 

7 maintaining such lawful status; or 

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

9 possession of the United States’’. 

10 SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STA11 TUS EDUCATION IN AMERICAN SAMOA. 

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

13 the Interior may provide technical assistance to the Gov14 ernment of American Samoa under section 601(a) of the 

15 Act entitled ‘‘An Act to authorize appropriations for cer16 tain insular areas of the United States, and for other pur17 poses’’, approved December 24, 1980 (48 U.S.C. 

18 1469d(a)), for public education regarding political status 

19 options only if the political status options are consistent 

20 with the Constitution of the United States. 

Æ 


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