I 
116TH CONGRESS 
1ST SESSION H. R. 1208 
To amend the Immigration and Nationality Act to waive certain requirements 
for naturalization for American Samoan United States nationals to be-
come United States citizens, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2019 
Mrs. RADEWAGEN introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Nat-
ural Resources, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to waive 
certain requirements for naturalization for American Sa-
moan United States nationals to become United States 
citizens, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WAIVER OF CERTAIN NATURALIZATION RE-
QUIREMENTS 
FOR 
AMERICAN 
SAMOAN 
UNITED STATES NATIONALS TO BECOME 
UNITED STATES CITIZENS. 
(a) FINDINGS.—The Congress finds the following: 
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(1) Under the Immigration and Nationality 
Act, persons born in Puerto Rico, Guam, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands are citizens of the United 
States at birth. Persons born in the United States 
territory of American Samoa are nationals of the 
United States, but not citizens, at birth. 
(2) The term ‘‘national of the United States’’ 
is defined under the Immigration and Nationality 
Act to include persons who, though not citizens of 
the United States, owe permanent allegiance to the 
United States. 
(3) For more than 100 years, American 
Samoans who are United States nationals have dem-
onstrated their loyalty and allegiance to the United 
States. On April 17, 1900, the village chiefs of 
Tutuila and Aunu’u ceded their islands to the 
United States. On July 16, 1904, his Majesty King 
Tuimanu’a of the Manu’a Islands and his village 
chiefs did the same. On February 20, 1929, the 
Congress officially ratified the Treaty of Cession of 
Tutuila and Aunu’u and the Treaty of Cession of 
Manu’a. On March 4, 1925, by Joint Resolution of 
the Congress, American sovereignty was officially ex-
tended over Swains Island and it was placed under 
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the jurisdiction of the government of American 
Samoa. 
(4) Since ratification of the Treaties of Cession, 
many American Samoans who are United States na-
tionals have joined the United States Armed Forces 
and fought for the United States during World War 
II, the Korean, Vietnam, and Persian Gulf wars, 
and most recently in Iraq and Afghanistan. 
(5) However, in order for American Samoans 
who are United States nationals to become United 
States citizens, they must follow the same procedure 
as aliens lawfully admitted for permanent residence. 
This procedure requires, among other steps, an ap-
plication, fingerprinting, an interview, an English 
language and civics examination, and participation 
in an oath ceremony. The procedure may take years 
to complete. 
(6) Given that American Samoa’s education 
system is structured to closely resemble that of pub-
lic schools in the United States, that courses on 
United States history, civics, and government are 
thoroughly taught, that English is the language of 
public school instruction, and that United States na-
tionals by definition owe permanent allegiance to the 
United States, it is in the national interest that 
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United States nationals be allowed to become United 
States citizens by more expeditious means. 
(b) NATURALIZATION OF CERTAIN RESIDENTS OF 
AMERICAN SAMOA.—Section 325 of the Immigration and 
Nationality Act (8 U.S.C. 1436) is amended to read as 
follows: 
‘‘SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED 
STATES; RESIDENCE WITHIN OUTLYING POS-
SESSIONS. 
‘‘(a) ELIGIBILITY FOR NATURALIZATION.—A person 
not a citizen who owes permanent allegiance to the United 
States, and who is otherwise qualified, may— 
‘‘(1) if the person becomes a resident of any 
State, be naturalized upon compliance with the ap-
plicable requirements of this title, except that in ap-
plications for naturalization filed under the provi-
sions of this section, residence and physical presence 
within the United States within the meaning of this 
title shall include residence and physical presence 
within any of the outlying possessions of the United 
States; or 
‘‘(2) if the person has continuously resided in 
any State or outlying possession of the United 
States from birth to the date of approval of the ap-
plication, be naturalized upon compliance with the 
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applicable requirements of this title other than sec-
tions 312 and 337(a) and paragraphs (1) and (2) of 
section 316(a). 
‘‘(b) JURISDICTION.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
that applications, interviews, filings, oaths, cere-
monies, or other proceedings under this title, to the 
extent applicable, are available in an outlying posses-
sion of the United States with respect to— 
‘‘(A) any applicant for naturalization 
under subsection (a)(2); 
‘‘(B) any applicant for naturalization 
under section 328 or 329 who is a resident of 
an outlying possession of the United States; or 
‘‘(C) 
any 
child 
described 
in 
section 
322(a)(5)(B) for whom an application is made 
under section 322. 
‘‘(2) LIMITATION.—Notwithstanding any other 
provision of law, including sections 310(c) and 
336(b), no court shall have jurisdiction over any ap-
plication for naturalization filed by or on behalf of 
a resident of an outlying possession of the United 
States. 
‘‘(c) CONSTRUCTION.—In determining eligibility for 
naturalization under subsection (a)(2)— 
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‘‘(1) absence from any State or outlying posses-
sion of the United States for a continuous period of 
more than 180 days shall break the continuity of 
such residence, unless the person establishes to the 
satisfaction of the Secretary of Homeland Security 
that the person did not abandon such person’s resi-
dence during such period; 
‘‘(2) in conducting the investigation and exam-
ination of the person under sections 332(a) and 335, 
the Secretary of Homeland Security may in the dis-
cretion of the Secretary waive a personal interview 
of the person; and 
‘‘(3) the Secretary of Homeland Security, in the 
discretion of the Secretary, may impose a reduced 
fee for an application for naturalization under such 
subsection compared to other applications for natu-
ralization, taking into account the relative costs of 
processing an application for naturalization under 
such subsection.’’. 
(c) CHILDREN RESIDING IN AMERICAN SAMOA.— 
Section 322(a)(5) of the Immigration and Nationality Act 
(8 U.S.C. 1433(a)(5)) is amended to read as follows: 
‘‘(5) The child— 
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‘‘(A) is temporarily present in the United 
States pursuant to a lawful admission, and is 
maintaining such lawful status; or 
‘‘(B) is present and resides in an outlying 
possession of the United States’’. 
SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STA-
TUS EDUCATION IN AMERICAN SAMOA. 
It is the sense of the Congress that the Secretary of 
the Interior may provide technical assistance to the Gov-
ernment of American Samoa under section 601(a) of the 
Act entitled ‘‘An Act to authorize appropriations for cer-
tain insular areas of the United States, and for other pur-
poses’’, approved December 24, 1980 (48 U.S.C. 
1469d(a)), for public education regarding political status 
options only if the political status options are consistent 
with the Constitution of the United States. 
SEC. 3. REFERENDUM ON UNITED STATES CITIZENSHIP. 
The Secretary of the Interior is authorized to make 
a grant to the Chief Election Officer of American Samoa 
for the purpose of providing funds necessary to include 
on the ballot in the first general election held in American 
Samoa after the date of the enactment of this Act, and 
to report to Governor of American Samoa and the Con-
gress the results of, a referendum on the following ques-
tions: 
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(1) ‘‘Should all nationals of the United States 
who are residing in American Samoa on the date on 
which this referendum takes place be declared to be 
citizens of the United States?’’; and 
(2) ‘‘Should all individuals who are born in 
American Samoa after the date on which this ref-
erendum takes place be declared to be citizens of the 
United States at birth?’’. 
Æ 
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