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105TH CONGRESS

1ST SESSION S. 118

To provide for the completion of the naturalization process for certain

nationals of the Philippines.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To provide for the completion of the naturalization process

for certain nationals of the Philippines.

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

3 SEC. . COMPLETION OF THE NATURALIZATION PROC4 ESS FOR CERTAIN NATIONALS OF THE PHIL5 IPPINES.

6 (a) IN GENERAL.—Section 405 of the Immigration

7 and Nationality Act of 1990 (8 U.S.C. 1440 note) is

8 amended—

9 (1) by striking subparagraph (B) of subsection

10 (a)(1) and inserting the following:
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1 ‘‘(B) who—

2 ‘‘(i) is listed on the final roster pre3 pared by the Recovered Personnel Division

4 of the United States Army of those who

5 served honorably in an active duty status

6 within the Philippine Army during the

7 World War II occupation and liberation of

8 the Philippines,

9 ‘‘(ii) is listed on the final roster pre10 pared by the Guerrilla Affairs Division of

11 the United States Army of those who re12 ceived recognition as having served honor13 ably in an active duty status within a rec14 ognized guerrilla unit during the World

15 War II occupation and liberation of the

16 Philippines, or

17 ‘‘(iii) served honorably in an active

18 duty status within the Philippine Scouts or

19 within any other component of the United

20 States Armed Forces in the Far East

21 (other than a component described in

22 clause (i) or (ii)) at any time during the

23 period beginning September 1, 1939, and

24 ending December 31, 1946;’’;
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1 (2) by adding at the end of subsection (a) the

2 following new paragraph:

3 ‘‘(3)(A) For purposes of the second sentence of

4 section 329(a) and section 329(b)(3) of the Immi5 gration and Nationality Act, the executive depart6 ment under which a person served shall be—

7 ‘‘(i) in the case of an applicant claiming to

8 have served in the Philippine Army, the United

9 States Department of the Army;

10 ‘‘(ii) in the case of an applicant claiming to

11 have served in a recognized guerrilla unit, the

12 United States Department of the Army or, in

13 the event the Department of the Army has no

14 record of military service of such applicant, the

15 General Headquarters of the Armed Forces of

16 the Philippines; or

17 ‘‘(iii) in the case of an applicant claiming

18 to have served in the Philippine Scouts or any

19 other component of the United States Armed

20 Forces in the Far East (other than a compo21 nent described in clause (i) or (ii)) at any time

22 during the period beginning September 1, 1939,

23 and ending December 31, 1946, the United

24 States executive department (or successor
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1 thereto) that exercised supervision over such

2 component.

3 ‘‘(B) An executive department specified in sub4 paragraph (A) may not make a determination under

5 the second sentence of section 329(a) with respect to

6 the service or separation from service of a person de7 scribed in paragraph (1) except pursuant to a re8 quest from the Service.’’; and

9 (3) by adding at the end the following new sub10 section:

11 ‘‘(d) IMPLEMENTATION.—(1) Notwithstanding any

12 other provision of law, for purposes of the naturalization

13 of natives of the Philippines under this section—

14 ‘‘(A) the processing of applications for natu15 ralization, filed in accordance with the provisions of

16 this section, including necessary interviews, shall be

17 conducted in the Philippines by employees of the

18 Service designated pursuant to section 335(b) of the

19 Immigration and Nationality Act; and

20 ‘‘(B) oaths of allegiance for applications for

21 naturalization under this section shall be adminis22 tered in the Philippines by employees of the Service

23 designated pursuant to section 335(b) of that Act.
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1 ‘‘(2) Notwithstanding paragraph (1), applications for

2 naturalization, including necessary interviews, may con3 tinue to be processed, and oaths of allegiance may con4 tinue to be taken in the United States.’’.

5 (b) REPEAL.—Section 113 of the Departments of

6 Commerce, Justice, and State, the Judiciary, and Related

7 Agencies Appropriations Act, 1993 (8 U.S.C. 1440 note),

8 is repealed.

9 (c) EFFECTIVE DATE; TERMINATION DATE.—

10 (1) APPLICATION TO PENDING APPLICA11 TIONS.—The amendment made by subsection (a)

12 shall apply to applications filed before February 3,

13 1995.

14 (2) TERMINATION DATE.—The authority pro15 vided by the amendment made by subsection (a)

16 shall expire February 3, 2001.

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