An Act to amend the Immigration and Nationality Act to provide for the naturalization of persons who have served in combat areas in active-duty service in the Armed Forces of the United States, and for other purposes
PL 90-633 (H.R.15147), enacted 10/24/1968

82 STAT. ] 
PUBLIC LAW 90-633-OCT. 24, 1968 
1343 
"§ 873. Art. 73. Petition for a new trial 
"At any time within two years after approval by the convening 
authority of a court-martial sentence, the accused may petition the 
Judge Advocate General for a new trial on the grounds of newly dis-
covered evidence or fraud on the court. If the accused's case is pending 
before a Court of Military Review or before the Court of Military 
Appeals, the Judge Advocate General shall refer the petition to the 
appropriate court for action. Otherwise the Judge Advocate General 
shall act upon the petition. 
(34) Section 936(b) (article 136(b)) is amended by striking out 
7OA stat. 77. 
"law officer" and inserting in lieu thereof "military judge". 
SEC. 3. (a) Whenever the term law officer is used, with reference to 
any officer detailed to a court-martial pursuant to section 826(a) 
(article 26(a)) of title 10, United States Code, in any provision of 
^"'®' P ^^ae. 
Federal law (other than provisions amended by this Act) or in any 
regulation, document, or record of the United States, such term shall be 
deemed to mean military judge. 
(b) Whenever the term board of review is used, with reference to 
*^°"'"* °^ Military 
or in connection with the appellate review of courts-martial cases, in 
any provision of Federal law (other than provisions amended by this 
Act) or in any regulation, document, or record of the United States, 
such term shall be deemed to mean Court of Military Review. 
SEC. 4. (a) Except for the amendments made by paragraphs (30) 
Effective dates. 
and (33) of section 2, this Act shall become effective on the first day of 
the tenth month following the month in which it is enacted. 
(b) The amendment made by paragraph (30) of section 2 shall 
become effective upon the date of enactment of this Act. 
(c) The amendment made by paragraph (33) shall apply in the 
case of all court-martial sentences approved by the convening authority 
on or after, or not more than two years before, the date of its enactment. 
Approved October 24, 1968. 
Public Law 90-633 
A N A C T 
October 24, 1968 
To aiiiend the Immigration and Nationality Act to provide for the naturalization 
[H- R- 15147]_ 
of persons who have served in active-duty servi^je in the Armed Forces of the 
United States during the Vietnam hostilities, or in other periods of military 
hostilities, and for other purix)ses. 
Armed Forces 
personnel in com-
Be It ewicted hy the Senate and House of Representatires 
of the 
United States of America in Congress assembled, Tliat section 329(a) 
of the Immigration and Nationality Act (8 U.S.C. 1440) is amended h7t'Z7Is,''nB\nTLi 
by inserting after "July 1, 1955," the following: "or during a period iz^tion. 
beginning February 28, 1961, and ending on a date designated by the 75 stat^654'°' 
President by Executive order as of the date of termination of the 
Vietnam hostilities, or thereafter during any otlier period which the 
President by Executive order shall designate as a period in which 
Armed Forces of the United States are or were engaged in military 
operations involving armed conflict wiih a hostile foreign force,". 
SEC. 2. Section 329(b) (4) of the Immigration and Nationality Act 
is hereby amended by inserting after "July 1, 1955," the following: 
"or during a period beginning February 28, 1961, and ending on a 
date designated by the President by Executive order as the date of 
1344 
PUBLIC LAW 90-633-OCT. 24, 1968 
[82 STAT. 
Naturalization 
fees, exemption. 
Report. 
8 use 1401-
1503. 
66 Stat. 250. 
8 use 1440. 
termination of the Vietnam hostilities, or thereafter during any other 
period which the President by Executive order shall designate as a 
period in which Armed Forces of the United States are or were engaged 
in military operations involving armed conflict with a hostile foreign 
force,". 
SEC. 3. Notwithstanding any other provision of law, no clerk of a 
United States court shall charge or collect a naturalization fee from 
an alien who has served in the military, air, or naval forces of the 
United States during a period beginning February 28,1961, and ending 
on the date designated by the President by Executive order as the date 
of termination of the Vietnam hostilities, or thereafter during any 
other period which the President by Executive order shall designate 
as a period in which Armed Forces of the LTnited States are or were 
engaged in military operations involving armed conflict with a hostile 
foreign force, and who is applying for naturalization during .such 
periods under section 329 of the Immigration and Nationality Act, 
as amended by this Act, for filing a petition for naturalization or 
issuing a certificate of naturalization upon his admission to citizen-
ship, 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. A report 
of all transactions under this section shall be made to the Attorney 
General as in the case of other reports required of clerks of courts by 
title I I I of the Immigration and Nationality Act. 
SEC. 4. The third sentence of section 318 of the Immigration and 
Nationality Act (8 U.S.C. 1429) is hereby amended by striking out 
the langauge "sections 327 and 328" and substituting in lieu thereof 
the language "sections 328 and 329". 
SEC. 5. Section 328(b) (2) of the Immigration and Nationality Act 
(8 U.S.C. 1439) is hereby amended by inserting after the word "not-
withstanding" the language "section 318 insofar as it relates to deport-
ability and". 
SEC. 6. Section 329(b) (1) of the Immigration and Nationality Act 
(8 U. S. C. 1440) is hereby amended to read as folows: 
"(1) he may be naturalized regardless of age, and notwith-
standing the provisions of section 318 as they relate to deporta-
bility and the provisions of section 331;". 
SEC. 7. The section heading of section 329 of the Immigration and 
Nationality Act is amended to read as follows: 
"NATURALIZATION THROUGH ACTIVE-DUTY SERVICE I N T H E ARMED FORCES 
DURING WORLD WAR I, WORLD WAR I I , T H E KOREAN HOSTILITIES, T H E 
VIETNAM HOSTILITIES, OR I N OTHER PERIODS OF MILITARY HOSTILITIES". 
SEC. 8. That portion of the table of contents contained in the first 
section of the Immigration and Nationality Act which appears under 
the heading "TITLE III—NATIONALITY AND NATURAL-
IZATION" is amended by changing the designation of section 329 
to read as follows: 
"Sec. 329. Naturalization througli active-duty service in tlie Armed Forces during 
World War I, World War II, the Korean hostilities, the Vietnam 
hostilities, or in other periods of military hostilities." 
Approved October 24, 1968.