IB 
Union Calendar No. 57
108TH CONGRESS 
1ST SESSION H. R. 1954
[Report No. 108–111] 
To revise the provisions of the Immigration and Nationality Act relating 
to naturalization through service in the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2003
Mr. SENSENBRENNER (for himself, Mr. COBLE, Mr. FLAKE, Mr. GUTIERREZ, 
Mr. HASTINGS of Washington, Mr. ISSA, Mr. JENKINS, Mr. JONES of 
North Carolina, Mr. KELLER, Mr. CONYERS, Ms. JACKSON-LEE of 
Texas, and Mr. BERMAN) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
MAY 19, 2003
Additional sponsors: Ms. SOLIS, Mr. DREIER, Mr. PEARCE, Mr. PUTNAM, Mr. 
LEWIS of California, and Mr. GREEN of Texas 
MAY 19, 2003
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 6, 2003] 
A BILL 
To revise the provisions of the Immigration and Nationality 
Act relating to naturalization through service in the 
Armed Forces, 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. 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.—Section 328(a) of the Immigration and Nationality 
Act (8 U.S.C. 1439(a)) is amended by striking ‘‘three 
years,’’ and inserting ‘‘one year,’’. 
(b) PROHIBITION ON IMPOSITION OF FEES RELATING 
TO NATURALIZATION.—Title III of the Immigration and 
Nationality Act (8 U.S.C. 1401 et seq.) is amended—
(1) in section 328(b)—
(A) in paragraph (3)—
(i) by striking ‘‘honorable. The’’ and 
inserting ‘‘honorable (the’’; and 
(ii) by striking ‘‘discharge.’’ and in-
serting ‘‘discharge); and’’; and 
(B) by adding at the end the following: 
‘‘(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 certifi-
cate 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 
(2) in section 329(b)—
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(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 certifi-
cate 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.’’.
(c) REVOCATION OF CITIZENSHIP FOR SEPARATION 
FROM MILITARY SERVICE UNDER OTHER THAN HONOR-
ABLE CONDITIONS.—Section 328 of the Immigration and 
Nationality Act (8 U.S.C. 1439) is amended by adding at 
the end the following:
‘‘(f) Citizenship granted pursuant to this section may 
be revoked in accordance with section 340 of this title if 
at any time subsequent to naturalization the person is sepa-
rated from the military, air, or naval forces under other 
than honorable conditions, and such ground for revocation 
shall be in addition to any other provided by law. 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 depart-
ment under which the person was serving at the time of 
separation.’’. 
(d) NATURALIZATION PROCEEDINGS OVERSEAS FOR 
MEMBERS
OF
ARMED
FORCES.—Notwithstanding any 
other provision of law, the Secretary of Homeland Security, 
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 Immi-
gration and Nationality Act (8 U.S.C. 1401 et seq.) relating 
to naturalization of members of the Armed Forces are avail-
able, to the maximum extent practicable, through United 
States embassies, consulates, and United States military in-
stallations overseas. 
(e) TECHNICAL AMENDMENT.—Section 328(b)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is
amended by striking ‘‘Attorney General,’’ and inserting 
‘‘Secretary of Homeland Security,’’.
SEC. 3. POSTHUMOUS CITIZENSHIP THROUGH DEATH 
WHILE ON ACTIVE-DUTY SERVICE IN ARMED 
FORCES. 
(a) IN GENERAL.—Section 329A of the Immigration 
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) SPOUSES.—Notwithstanding the second sen-
tence of section 201(b)(2)(A)(i), a person who is the 
surviving spouse of a person granted posthumous citi-
zenship 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. 
‘‘(2) 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 on 
which the petition under paragraph (4) is filed, shall 
be considered, for purposes of section 201(b), to re-
main an immediate relative after the date of the citi-
zen’s death (regardless of changes in age or marital 
status after such filing date). 
‘‘(3) 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 citi-
zenship under this section, and who is lawfully 
present in the United States on the date of the citi-
zen’s death, shall be considered, for purposes of section 
201(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. 
‘‘(4) 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 (1), (2), or (3), 
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. 
‘‘(B) MINOR CHILDREN.—In the case of a 
child under 18 years of age on the filing date, 
the petition described in subparagraph (A) shall 
be filed on behalf of the child by a parent or 
legal guardian of the child. 
‘‘(5) DEADLINE.—Paragraphs (1) through (4) 
shall apply only if the petition under paragraph (4) 
is filed not later than 2 years after the date on which 
the request under subsection (c) is granted. 
‘‘(6) 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 
spouse or parent being lawfully admitted for perma-
nent residence, upon the grant of posthumous citizen-
ship under this section to the petitioner, the Secretary 
of Homeland Security—
‘‘(A) shall convert such petition to a peti-
tion filed under paragraph (4) to classify the 
alien as an immediate relative under subsection 
(b)(2)(A)(i);
‘‘(B) shall ensure that the priority date as-
signed upon receipt of the original petition is 
maintained; and 
‘‘(C) otherwise shall treat the date on which 
the request under subsection (c) is granted as the 
petition filing date for purposes of this sub-
section. 
‘‘(7) 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. 
‘‘(8) 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 par-
ent under this subsection.’’.
(b) NATURALIZATION FOR SURVIVING SPOUSES.—Sec-
tion 319(d) of the Immigration and Nationality Act (8 
U.S.C. 1430(d)) is amended by adding at the end the fol-
lowing: ‘‘For purposes of this subsection, the terms ‘United 
States citizen’ and ‘citizen spouse’ include a person granted 
posthumous citizenship under section 329A.’’.
(c) TECHNICAL AMENDMENTS.—Section 329A of the 
Immigration 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 Secu-
rity’’. 
SEC. 4. IMMIGRATION BENEFITS FOR SURVIVING ALIEN 
SPOUSES, CHILDREN, AND PARENTS OF CITI-
ZENS WHO DIE WHILE ON ACTIVE DUTY. 
(a) TREATMENT AS IMMEDIATE RELATIVES.—Section 
201(f) of the Immigration 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 WHILE ON ACTIVE-
DUTY SERVICE IN ARMED FORCES.—
‘‘(A) BENEFITS FOR SURVIVORS.—
‘‘(i) IN GENERAL.—The benefits under 
this paragraph shall apply only to a sur-
viving spouse, child, or parent of a person 
who, while a citizen of the United States, 
died during a period of honorable service in 
the Armed Forces of the United States as a 
result of injury or disease incurred in or 
aggravated by such service. 
‘‘(ii) DETERMINATIONS.—The executive 
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 person 
who is a surviving spouse described in subpara-
graph (A), and who was living in marital union 
with the citizen described in such subparagraph 
at the time of death, shall be considered, for pur-
poses of subsection (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. 
‘‘(C) CHILDREN.—Notwithstanding the sec-
ond sentence of subsection (b)(2)(A)(i), a person 
who is a surviving child described in subpara-
graph (A), and who is an unmarried person 
under 21 years of age on the date on which a pe-
tition described in subparagraph (E) to classify 
the alien as an immediate relative is filed, shall 
be considered, for purposes of subsection (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), a person who
is a surviving parent described in subparagraph 
(A), and who is lawfully present in the United 
States on the date of the citizen’s death, shall be 
considered, for purposes of subsection (b), to re-
main 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 
priority date assigned prior to the death 
shall be maintained. 
‘‘(ii) SELF-PETITIONS.—In the case of 
a surviving child or parent who remains an 
immediate relative after the date of a citi-
zen’s death pursuant to subparagraph (C) 
or (D), any petition under section 204 oth-
erwise required to be filed by the citizen to
classify the child or parent under subsection 
(b)(2)(A)(i) may be filed instead by the 
child or parent. In the case of a surviving 
spouse who remains an immediate relative 
after the date of a citizen’s death pursuant 
to subparagraph (B), the spouse may peti-
tion under section 204(a)(1)(A)(ii) and 
shall be treated as an alien spouse described 
in 
the 
second 
sentence 
of 
subsection 
(b)(2)(A)(i) for such purpose. 
‘‘(iii) MINOR CHILDREN.—In the case 
of a child under 18 years of age on the fil-
ing date, the petition described in clause 
(ii) shall be filed on behalf of the child by 
a parent or legal guardian of the child. 
‘‘(iv) 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 immigra-
tion benefit under this paragraph, the grounds
for inadmissibility specified in section 212(a)(4) 
shall not apply.’’. 
(b) TECHNICAL AMENDMENT.—Section 201(f)(1) of the 
Immigration and Nationality Act (8 U.S.C. 201(f)(1)) is 
amended by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’. 
SEC. 5. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act and the amendments made by this Act shall 
take effect as if enacted on September 11, 2001. 
(b) FEES.—The amendments made by this Act to sec-
tions 328 through 329A of the Immigration and Nationality 
Act (8 U.S.C. 1439–1440–1), insofar as such amendments 
prohibit the imposition of a fee—
(1) shall take effect on the date of the enactment 
of this Act; and 
(2) shall not be construed to require the refund 
or return of any fee collected before such date.
Union Calendar No. 57
108TH CONGRESS 
1ST SESSION 
H. R. 1954
[Report No. 108–111] 
A BILL 
To revise the provisions of the Immigration and 
Nationality 
Act 
relating 
to 
naturalization 
through service in the Armed Forces, and for 
other purposes. 
MAY 19, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed