SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Armed Forces Natu-
ralization Act of 2003’’.
SEC. 2. NATURALIZATION THROUGH SERVICE IN ARMED
FORCES.
(a) REDUCTION OF PERIOD FOR REQUIRED SERV-
ICE.—
(1) IN GENERAL.—Section 328(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1439(a)) is
amended by striking ‘‘three years,’’ and inserting
‘‘one year,’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed or pending on or after
the date of the enactment of this Act.
(b) PROHIBITION ON IMPOSITION OF FEES RELAT-
ING TO NATURALIZATION.—
(1) IN GENERAL.—Title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) is
amended—
(A) in section 328(b)—
(i) in paragraph (3)—
(I) by striking ‘‘honorable. The’’
and inserting ‘‘honorable (the’’; and
(II) by striking ‘‘discharge.’’ and
inserting ‘‘discharge); and’’; and
(ii) by adding at the end the fol-
lowing:
‘‘(4) notwithstanding any other provision of
law, no fee shall be charged or collected from the
person for filing the application, or for the issuance
of a certificate of naturalization upon being granted
citizenship, and no clerk of any State court shall
charge or collect any fee for such services unless the
laws of the State require such charge to be made,
in which case nothing more than the portion of the
fee required to be paid to the State shall be charged
or collected.’’; and
(B) in section 329(b)—
(i) in paragraph (2), by striking
‘‘and’’ at the end;
(ii) in paragraph (3), by striking the
period at the end and inserting ‘‘; and’’;
and
(iii) by adding at the end the fol-
lowing:
‘‘(4) notwithstanding any other provision of
law, no fee shall be charged or collected from the
person for filing the application, or for the issuance
of a certificate of naturalization upon being granted
citizenship, and no clerk of any State court shall
charge or collect any fee for such services unless the
laws of the State require such charge to be made,
in which case nothing more than the portion of the
fee required to be paid to the State shall be charged
or collected.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply with respect to applica-
tions for naturalization filed, and certificates of nat-
uralization issued, on or after the date of the enact-
ment of this Act. Such amendments shall not be
construed to require the refund or return of any fee
collected before such date.
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION
FROM MILITARY SERVICE UNDER OTHER THAN HONOR-
ABLE CONDITIONS.—
(1) IN GENERAL.—Title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) is
amended—
(A) by adding at the end of section 328
the following:
‘‘(f) Citizenship granted pursuant to this section may
be revoked in accordance with section 340 if the person
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably
for a period or periods aggregating five years. Such
ground for revocation shall be in addition to any other
provided by law, including the grounds described in section
340. The fact that the naturalized person was separated
from the service under other than honorable conditions
shall be proved by a duly authenticated certification from
the executive department under which the person was
serving at the time of separation. Any period or periods
of service shall be proved by duly authenticated copies of
the records of the executive departments having custody
of the records of such service.’’; and
(B) by amending section 329(c) to read as
follows:
‘‘(c) Citizenship granted pursuant to this section may
be revoked in accordance with section 340 if the person
is separated from the Armed Forces under other than hon-
orable conditions before the person has served honorably
for a period or periods aggregating five years. Such
ground for revocation shall be in addition to any other
provided by law, including the grounds described in section
340. The fact that the naturalized person was separated
from the service under other than honorable conditions
shall be proved by a duly authenticated certification from
the executive department under which the person was
serving at the time of separation. Any period or periods
of service shall be proved by duly authenticated copies of
the records of the executive departments having custody
of the records of such service.’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to citizenship granted
on or after the date of the enactment of this Act.
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR
MEMBERS
OF ARMED FORCES.—Notwithstanding any
other provision of law, the Secretary of Homeland Secu-
rity, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings,
oaths, ceremonies, or other proceedings under title III of
the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) relating to naturalization of members of the Armed
Forces are available, to the maximum extent practicable,
through United States embassies, consulates, and United
States military installations overseas.
(e) TECHNICAL AMENDMENT.—
(1) IN GENERAL.—Section 328(b)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1439(b)(3))
is amended by striking ‘‘Attorney General,’’ and in-
serting ‘‘Secretary of Homeland Security,’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if enacted on
March 1, 2003.
SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH
WHILE ON ACTIVE-DUTY SERVICE IN ARMED
FORCES.
(a) PROHIBITION ON IMPOSITION OF FEES; BENE-
FITS FOR SURVIVORS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is
amended by striking subsection (e) and inserting the
following:
‘‘(e) PROHIBITION ON IMPOSITION OF FEES.—Not-
withstanding any other provision of law, no fee shall be
charged or collected from a person for filing a request for
the granting of posthumous citizenship under subsection
(c), or for the issuance of a document under subsection
(d).
‘‘(f) BENEFITS FOR SURVIVORS.—
‘‘(1) 
APPLICABILITY.—Notwithstanding 
any
other provision of this subsection, this subsection
shall apply only to the surviving spouses, children,
and parents of persons dying on or after September
11, 2001.
‘‘(2) SPOUSES.—Notwithstanding the second
sentence of section 201(b)(2)(A)(i), a person who is
the surviving spouse of a person granted post-
humous citizenship under this section, and who was
living in marital union with the citizen spouse at the
time of death, shall be considered, for purposes of
section 201(b), to remain an immediate relative after
the date of the citizen’s death, but only until the
date on which the surviving spouse remarries.
‘‘(3) CHILDREN.—Notwithstanding the second
sentence of section 201(b)(2)(A)(i), a person who is
the surviving child of a person granted posthumous
citizenship under this section, and who is an unmar-
ried person under 21 years of age on the date of
such grant, shall be considered, for purposes of sec-
tion 201(b), to remain an immediate relative after
the date of the citizen’s death (regardless of changes
in age or marital status after the date of such
grant).
‘‘(4) PARENTS.—Notwithstanding the first sen-
tence of section 201(b)(2)(A)(i), a person who is the
surviving parent of a person granted posthumous
citizenship under this section, and who is lawfully
authorized to be present in the United States on the
date of the citizen’s death (disregarding any depar-
ture for a temporary visit abroad), shall be consid-
ered, for purposes of section 201(b), to remain an
immediate relative after such date, and the require-
ment that the citizen be at least 21 years of age
shall not apply.
‘‘(5) SELF-PETITIONS.—
‘‘(A) IN GENERAL.—In the case of a sur-
viving spouse, child, or parent who remains an
immediate relative after the date of a citizen’s
death pursuant to paragraph (2), (3), or (4),
any petition under section 204 otherwise re-
quired to be filed by the citizen to classify the
spouse, 
child, 
or 
parent 
under 
section
201(b)(2)(A)(i) may be filed instead by the
spouse, child, or parent. A surviving spouse’s
petition may include derivative children in the
same manner as is permitted under section
204(a)(1)(A)(ii).
‘‘(B) MINOR CHILDREN.—In the case of a
child under 18 years of age on the filing date,
any nonderivative petition described in subpara-
graph (A) shall be filed on behalf of the child
by a parent or legal guardian of the child.
‘‘(6) DEADLINE.—Paragraphs (1) through (5)
shall apply only if the petition under paragraph (5)
is filed not later than 2 years after the date on
which the request under subsection (c) is granted.
‘‘(7) CONVERSION OF PETITIONS.—In the case
of a petition under section 204 initially filed for an
alien’s classification as a family-sponsored immi-
grant under section 203(a)(2)(A), based on the
alien’s petitioning spouse or parent being lawfully
admitted for permanent residence, upon the grant of
posthumous citizenship under this section to the pe-
titioner, the Secretary of Homeland Security, unless
the alien otherwise has attained the status of an
alien lawfully admitted for permanent residence—
‘‘(A) shall convert such petition to a peti-
tion filed under paragraph (5) to classify the
alien as an immediate relative under subsection
(b)(2)(A)(i); and
‘‘(B) shall ensure that the filing date of
the original petition is maintained.
‘‘(8) WAIVER OF PUBLIC CHARGE GROUND FOR
INADMISSIBILITY.—In determining the admissibility
of any alien accorded an immigration benefit under
this subsection, the grounds for inadmissibility speci-
fied in section 212(a)(4) shall not apply.
‘‘(9) NO BENEFITS FOR OTHER RELATIVES.—
Nothing in this section shall be construed as pro-
viding for any benefit under this Act for any relative
of a person granted posthumous citizenship under
this section who is not treated as a spouse, child, or
parent under this subsection.’’.
(2) CONVERSION OF PETITIONS.—In the case of
a surviving spouse or child accorded an immigration
benefit under section 329(f) of the Immigration and
Nationality Act, as added by paragraph (1), if the
spouse or child was the beneficiary of a petition de-
scribed in paragraph (7) of such section, unless the
beneficiary otherwise has attained the status of an
alien lawfully admitted for permanent residence, the
Secretary of Homeland Security shall provide for—
(A) the reinstatement of such petition, if it
was revoked or terminated (or otherwise ren-
dered null), either before or after its approval,
due to the death of the petitioner; and
(B) the conversion of such petition in ac-
cordance with such section.
(3) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the amendment made by
paragraph (1) shall apply with respect to post-
humous citizenship granted before, on, or after
the date of the enactment of this section.
(B) FEES.—Section 329A(e) of the Immi-
gration and Nationality Act, as amended by
paragraph (1), shall apply with respect to re-
quests for posthumous citizenship filed, and
documentation 
of 
posthumous 
citizenship
issued, on or after the date of the enactment of
this Act. Such section shall not be construed to
require the refund or return of any fee collected
before such date.
(b) NATURALIZATION FOR SURVIVING SPOUSES.—
(1) IN GENERAL.—Section 319(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1430(d)) is
amended by adding at the end the following: ‘‘For
purposes of this subsection, the terms ‘United States
citizen’ and ‘citizen spouse’ include a person granted
posthumous citizenship under section 329A.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply with respect to persons
granted posthumous citizenship under section 329A
of the Immigration and Nationality Act (8 U.S.C.
1440–1) due to death on or after September 11,
2001.
(c) TECHNICAL AMENDMENTS.—
(1) IN GENERAL.—Section 329A of the Immi-
gration and Nationality Act (8 U.S.C. 1440–1) is
amended by striking ‘‘Attorney General’’ each place
such term appears and inserting ‘‘Secretary of
Homeland Security’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect as if enacted on
March 1, 2003.
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN
SPOUSES, CHILDREN, AND PARENTS OF CITI-
ZENS WHO DIE DURING SERVICE IN ARMED
FORCES.
(a) TREATMENT AS IMMEDIATE RELATIVES.—
(1) IN GENERAL.—Section 201(f) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(f)) is
amended by adding at the end the following:
‘‘(4) SURVIVING
ALIEN
SPOUSES, CHILDREN,
AND PARENTS OF CITIZENS WHO DIE DURING SERV-
ICE IN ARMED FORCES.—
‘‘(A) BENEFITS FOR SURVIVORS.—
‘‘(i) 
IN
GENERAL.—The 
benefits
under this paragraph shall apply only to a
surviving spouse, child, or parent of a per-
son who, while a citizen of the United
States, died on or after September 11,
2001, during a period of honorable service
in the Armed Forces as a result of injury
or disease incurred in or aggravated by
such service.
‘‘(ii) DETERMINATIONS.—The execu-
tive department under which the citizen so
served shall determine whether the citizen
satisfied the requirements of clause (i).
‘‘(B) SPOUSES.—Notwithstanding the sec-
ond sentence of subsection (b)(2)(A)(i), a per-
son who is a surviving spouse described in sub-
paragraph (A), and who was living in marital
union with the citizen described in such sub-
paragraph at the time of death, shall be consid-
ered, for purposes of subsection (b), to remain
an immediate relative after the date of the citi-
zen’s death, but only until the date on which
the surviving spouse remarries.
‘‘(C) 
CHILDREN.—Notwithstanding 
the
second sentence of subsection (b)(2)(A)(i), a
person who is a surviving child described in
subparagraph (A), and who is an unmarried
person under 21 years of age on the date on
which a petition described in subparagraph (E)
to classify the alien as an immediate relative is
filed, shall be considered, for purposes of sub-
section (b), to remain an immediate relative
after the date of the citizen’s death (regardless
of changes in age or marital status after such
filing date).
‘‘(D) PARENTS.—Notwithstanding the first
sentence of subsection (b)(2)(A)(i), and subject
to subparagraph (E), a person who is a sur-
viving parent described in subparagraph (A)
shall be considered, for purposes of subsection
(b), to remain an immediate relative after such
date, and the requirement that the citizen be at
least 21 years of age shall not apply.
‘‘(E) TREATMENT OF PETITIONS.—
‘‘(i) CONTINUATION OF PETITIONS.—
A petition properly filed on behalf of a
spouse, child, or parent under section
204(a)(1)(A)(i) by a citizen described in
subparagraph (A) prior to the citizen’s
death shall be valid to classify the spouse,
child, or parent as an immediate relative
pursuant to this paragraph. No new peti-
tion shall be required to be filed, and any
filing date assigned prior to the death shall
be maintained.
‘‘(ii) SELF-PETITIONS.—
‘‘(I) SPOUSES.—In the case of a
surviving spouse who remains an im-
mediate relative after the date of a
citizen’s death pursuant to subpara-
graph (B), the spouse may file a peti-
tion under section 204(a)(1)(A)(ii) for
classification of the spouse (and the
spouse’s children) under subsection
(b)(2)(A)(i). The spouse shall be
treated as an alien spouse described in
the second sentence of subsection
(b)(2)(A)(i) for such purpose.
‘‘(II) CHILDREN.—In the case of
a surviving child who remains an im-
mediate relative after the date of a
citizen’s death pursuant to subpara-
graph (C), any petition under section
204 otherwise required to be filed by
the citizen to classify the child under
subsection (b)(2)(A)(i) may be filed
instead by the child. In the case of a
child under 18 years of age on the fil-
ing date, the petition described in this
subclause shall be filed on behalf of
the child by a parent or legal guard-
ian of the child.
‘‘(III) PARENTS.—In the case of
a surviving parent who remains an
immediate relative after the date of a
citizen’s death pursuant to subpara-
graph (D), any petition under section
204 otherwise required to be filed by
the citizen to classify the parent under
subsection (b)(2)(A)(i) may be filed
instead by the parent, but only if the
parent was lawfully authorized to be
present in the United States on the
date of the citizen’s death (dis-
regarding any departure for a tem-
porary visit abroad).
‘‘(iii) DEADLINE.—In the case of peti-
tion under clause (ii), subparagraphs (B),
(C), and (D) shall apply only if such peti-
tion is filed not later than 2 years after the
date of the citizen’s death.
‘‘(F) WAIVER OF PUBLIC CHARGE GROUND
FOR INADMISSIBILITY.—In determining the ad-
missibility of any alien accorded an immigration
benefit under this paragraph, the grounds for
inadmissibility specified in section 212(a)(4)
shall not apply.’’.
(2) CONTINUATION OF PETITIONS.—
(A) 
IN
GENERAL.—The 
Secretary 
of
Homeland Security shall provide for the rein-
statement of any petition filed by a deceased
person described in subparagraph (A) of section
201(f)(4) of the Immigration and Nationality
Act, as added by paragraph (1), if such petition
is described in subparagraph (E)(i) of such sec-
tion and was revoked or terminated (or other-
wise rendered null), either before or after its
approval, due to the death of such person, un-
less the beneficiary otherwise has attained the
status of an alien lawfully admitted for perma-
nent residence.
(B) EXCEPTION.—A petition otherwise sat-
isfying the requirements of subparagraph (A)
and filed by a citizen on behalf of a parent shall
not be reinstated unless the parent was lawfully
authorized to be present in the United States
on the date of the citizen’s death (disregarding
any departure for a temporary visit abroad).
(3) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on the date of the
enactment of this Act.
(b) TECHNICAL AMENDMENT.—