I 

108TH CONGRESS 

2D SESSION H. R. 4873 

To amend the Immigration and Nationality Act to provide for flexibility 

in the naturalization process for aliens in active duty service in the 

Armed Forces abroad. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2004 

Mr. MEEKS of New York introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for flexibility in the naturalization process for aliens in 

active duty service in the Armed Forces abroad. 

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 ‘‘Active Duty Naturalization 

5 Accommodation Act of 2004’’. 
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1 SEC. 2. FLEXIBILITY IN NATURALIZATION PROCESS FOR 

2 ALIENS IN ACTIVE DUTY STATUS IN THE 

3 ARMED FORCES ABROAD. 

4 (a) IN GENERAL.—Section 332 of the Immigration 

5 and Nationality Act (8 U.S.C. 1443) is amended by add6 ing at the end the following new subsection: 

7 ‘‘(i)(1) In the case of an alien who has applied for 

8 naturalization under this chapter and who is stationed 

9 abroad (or who has received an order to be stationed 

10 abroad) in active duty status in the Armed Forces of the 

11 United States, the Secretary of Homeland Security shall 

12 provide procedures under which deadlines, interviews, and 

13 similar requirements otherwise applicable to the natu14 ralization process for the alien are suspended until the 

15 alien is provided a period (of at least 30 days) after the 

16 date of the alien’s return to the United States after service 

17 in the Armed Forces abroad (or, in the case of rescission 

18 of such an order, the date of such rescission) in which 

19 to meet such deadlines and requirements, except as pro20 vided under paragraph (2). 

21 ‘‘(2) An alien described in paragraph (1) may elect 

22 (in a form and manner specified by the Secretary of 

23 Homeland Security) to waive the application of such para24 graph and to meet such deadlines and requirements not25 withstanding the alien’s absence from the United States. 
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1 ‘‘(3) The Secretary of Homeland Security shall estab2 lish a form that an alien described in paragraph (1) may 

3 file with the Secretary (or with the Secretary of Defense 

4 under arrangements made between such Secretaries) in 

5 order to facilitate the application of paragraph (1) to the 

6 alien during the period in which such paragraph applies. 

7 However, nothing in this subsection shall be construed as 

8 requiring an alien to file such form as a condition of ob9 taining the benefit of paragraph (1). 

10 ‘‘(4) The Secretary of Homeland Security shall pro11 vide information about this subsection to aliens applying 

12 for naturalization and, to the extent practicable, the Sec13 retary of Defense shall inform aliens who are in active 

14 duty status in the Armed Forces of the United States 

15 abroad (or who have been ordered to perform such service 

16 abroad) of the procedures under paragraph (1) and shall 

17 make the form established under paragraph (3) available 

18 upon request.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on such date, not later than 

21 30 days after the date of the enactment of this Act, as 

22 the Secretary of Homeland Security specifies. 

23 (c) TRANSITION.—In the case of an alien who, during 

24 the period beginning on September 11, 2001, and ending 

25 on the effective date specified under subsection (b), had 
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1 applied for naturalization under chapter 3 of title III of 

2 the Immigration and Nationality Act, was stationed 

3 abroad (or received an order to be stationed abroad, which 

4 order was carried out) in active duty status in the Armed 

5 Forces of the United States, and, during the period of 

6 such service abroad (or after receiving such order) missed 

7 a deadline, interview, or similar requirement otherwise ap8 plicable to the naturalization process for such alien, the 

9 Secretary of Homeland Security shall provide for such re10 lief as may be necessary to place the alien, after the end 

11 of such period, in a position that is no less favorable to 

12 the alien than the position of the alien before the time 

13 such deadline, interview, or similar requirement was 

14 missed. 

15 (d) CONSTRUCTION.—Nothing in this section shall be 

16 construed as superseding the provisions of section 1701(d) 

17 of the National Defense Authorization Act for Fiscal Year 

18 2004 (Public Law 108–136). 

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