To amend the Immigration and Nationality Act to waive certain naturalization requirements for United States nationals, and for other purposes.

I 117TH CONGRESS 1ST SESSION H. R. 1941 To amend the Immigration and Nationality Act to waive certain naturalization requirements for United States nationals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 16, 2021 Mrs. RADEWAGEN (for herself, Mr. SABLAN, Miss GONZA´LEZ-COLO´N, and Mr. SAN NICOLAS) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to waive certain naturalization requirements for United States na- tionals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. WAIVER OF CERTAIN NATURALIZATION RE- 3 QUIREMENTS FOR UNITED STATES NATION- 4 ALS TO BECOME UNITED STATES CITIZENS. 5 (a) FINDINGS.—The Congress finds the following: 6 (1) Both United States citizens and United 7 States nationals are persons who owe permanent al- 8 legiance to the United States. 9 VerDate Sep 11 2014 05:01 May 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1941.IH H1941 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1941 IH (2) United States nationals serve in the United 1 States Armed Services at a very high per capita 2 rate. 3 (3) Commissioned military officers and certain 4 security clearances require United States nationals 5 to become United States citizens. 6 (4) Many United States nationals desire to be- 7 come United States citizens. 8 (5) United States nationals attend United 9 States Department of Education curriculum-ap- 10 proved and regulated schools. 11 (6) United States nationals serving in the mili- 12 tary or other United States national civilians desir- 13 ing to obtain United States citizenship should be en- 14 titled to citizenship on an expedited basis without 15 having to move, having any further educational test- 16 ing required, or having any fee or cost assessed. 17 (b) NATURALIZATION OF CERTAIN UNITED STATES 18 NATIONALS.—Section 325 of the Immigration and Na- 19 tionality Act (8 U.S.C. 1436) is amended to read as fol- 20 lows: 21 VerDate Sep 11 2014 05:01 May 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1941.IH H1941 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1941 IH ‘‘SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED 1 STATES; RESIDENCE WITHIN OUTLYING POS- 2 SESSIONS. 3 ‘‘(a) ELIGIBILITY FOR NATURALIZATION.—A person 4 not a citizen who owes permanent allegiance to the United 5 States, and who is otherwise qualified, may— 6 ‘‘(1) if the person becomes a resident of any 7 State, be naturalized upon compliance with the ap- 8 plicable requirements of this title, except that in ap- 9 plications for naturalization filed under the provi- 10 sions of this section, residence and physical presence 11 within the United States within the meaning of this 12 title shall include residence and physical presence 13 within any of the outlying possessions of the United 14 States; or 15 ‘‘(2) if the person has continuously resided in 16 any State or outlying possession of the United 17 States from birth to the date of approval of the ap- 18 plication, be naturalized upon compliance with the 19 applicable requirements of this title other than sec- 20 tions 312 and 337(a) and paragraphs (1) and (2) of 21 section 316(a). 22 ‘‘(b) JURISDICTION.—The Secretary shall provide 23 that applications, interviews, filings, oaths, ceremonies, or 24 other proceedings under this title, to the extent applicable, 25 VerDate Sep 11 2014 05:01 May 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1941.IH H1941 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1941 IH are available in an outlying possession of the United 1 States with respect to— 2 ‘‘(1) any applicant for naturalization under sub- 3 section (a)(2); 4 ‘‘(2) any applicant for naturalization under sec- 5 tion 328 or 329 who is a resident of an outlying pos- 6 session of the United States; or 7 ‘‘(3) any child described in section 322(a)(5)(B) 8 for whom an application is made under section 322. 9 ‘‘(c) CONSTRUCTION.—In determining eligibility for 10 naturalization under subsection (a)(2)— 11 ‘‘(1) absence from any State or outlying posses- 12 sion of the United States for a continuous period of 13 more than 180 days shall break the continuity of 14 such residence, unless the person establishes to the 15 satisfaction of the Secretary of Homeland Security 16 that the person did not abandon such person’s resi- 17 dence during such period; 18 ‘‘(2) in conducting the investigation and exam- 19 ination of the person under sections 332(a) and 335, 20 the Secretary of Homeland Security may in the dis- 21 cretion of the Secretary waive a personal interview 22 of the person; and 23 ‘‘(3) the Secretary of Homeland Security, in the 24 discretion of the Secretary, may impose a reduced 25 VerDate Sep 11 2014 05:01 May 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1941.IH H1941 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1941 IH fee for an application for naturalization under such 1 subsection compared to other applications for natu- 2 ralization, taking into account the relative costs of 3 processing an application for naturalization under 4 such subsection.’’. 5 (c) CHILDREN OF UNITED STATES NATIONALS.— 6 Section 322(a)(5) of the Immigration and Nationality Act 7 (8 U.S.C. 1433(a)(5)) is amended to read as follows: 8 ‘‘(5) The child— 9 ‘‘(A) is temporarily present in the United 10 States pursuant to a lawful admission, and is 11 maintaining such lawful status; or 12 ‘‘(B) is present and resides in an outlying 13 possession of the United States’’. 14 Æ VerDate Sep 11 2014 05:01 May 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1941.IH H1941 kjohnson on DSK79L0C42PROD with BILLS