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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. WAIVER OF CERTAIN NATURALIZATION RE- 3 QUIREMENTS FOR AMERICAN SAMOAN 4 UNITED STATES NATIONALS TO BECOME 5 UNITED STATES CITIZENS. 6 (a) FINDINGS.—The Congress finds the following: 7 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 2 •HR 1208 IH (1) Under the Immigration and Nationality 1 Act, persons born in Puerto Rico, Guam, the United 2 States Virgin Islands, and the Commonwealth of the 3 Northern Mariana Islands are citizens of the United 4 States at birth. Persons born in the United States 5 territory of American Samoa are nationals of the 6 United States, but not citizens, at birth. 7 (2) The term ‘‘national of the United States’’ 8 is defined under the Immigration and Nationality 9 Act to include persons who, though not citizens of 10 the United States, owe permanent allegiance to the 11 United States. 12 (3) For more than 100 years, American 13 Samoans who are United States nationals have dem- 14 onstrated their loyalty and allegiance to the United 15 States. On April 17, 1900, the village chiefs of 16 Tutuila and Aunu’u ceded their islands to the 17 United States. On July 16, 1904, his Majesty King 18 Tuimanu’a of the Manu’a Islands and his village 19 chiefs did the same. On February 20, 1929, the 20 Congress officially ratified the Treaty of Cession of 21 Tutuila and Aunu’u and the Treaty of Cession of 22 Manu’a. On March 4, 1925, by Joint Resolution of 23 the Congress, American sovereignty was officially ex- 24 tended over Swains Island and it was placed under 25 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 3 •HR 1208 IH the jurisdiction of the government of American 1 Samoa. 2 (4) Since ratification of the Treaties of Cession, 3 many American Samoans who are United States na- 4 tionals have joined the United States Armed Forces 5 and fought for the United States during World War 6 II, the Korean, Vietnam, and Persian Gulf wars, 7 and most recently in Iraq and Afghanistan. 8 (5) However, in order for American Samoans 9 who are United States nationals to become United 10 States citizens, they must follow the same procedure 11 as aliens lawfully admitted for permanent residence. 12 This procedure requires, among other steps, an ap- 13 plication, fingerprinting, an interview, an English 14 language and civics examination, and participation 15 in an oath ceremony. The procedure may take years 16 to complete. 17 (6) Given that American Samoa’s education 18 system is structured to closely resemble that of pub- 19 lic schools in the United States, that courses on 20 United States history, civics, and government are 21 thoroughly taught, that English is the language of 22 public school instruction, and that United States na- 23 tionals by definition owe permanent allegiance to the 24 United States, it is in the national interest that 25 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 4 •HR 1208 IH United States nationals be allowed to become United 1 States citizens by more expeditious means. 2 (b) NATURALIZATION OF CERTAIN RESIDENTS OF 3 AMERICAN SAMOA.—Section 325 of the Immigration and 4 Nationality Act (8 U.S.C. 1436) is amended to read as 5 follows: 6 ‘‘SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED 7 STATES; RESIDENCE WITHIN OUTLYING POS- 8 SESSIONS. 9 ‘‘(a) ELIGIBILITY FOR NATURALIZATION.—A person 10 not a citizen who owes permanent allegiance to the United 11 States, and who is otherwise qualified, may— 12 ‘‘(1) if the person becomes a resident of any 13 State, be naturalized upon compliance with the ap- 14 plicable requirements of this title, except that in ap- 15 plications for naturalization filed under the provi- 16 sions of this section, residence and physical presence 17 within the United States within the meaning of this 18 title shall include residence and physical presence 19 within any of the outlying possessions of the United 20 States; or 21 ‘‘(2) if the person has continuously resided in 22 any State or outlying possession of the United 23 States from birth to the date of approval of the ap- 24 plication, be naturalized upon compliance with the 25 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 5 •HR 1208 IH applicable requirements of this title other than sec- 1 tions 312 and 337(a) and paragraphs (1) and (2) of 2 section 316(a). 3 ‘‘(b) JURISDICTION.— 4 ‘‘(1) IN GENERAL.—The Secretary shall provide 5 that applications, interviews, filings, oaths, cere- 6 monies, or other proceedings under this title, to the 7 extent applicable, are available in an outlying posses- 8 sion of the United States with respect to— 9 ‘‘(A) any applicant for naturalization 10 under subsection (a)(2); 11 ‘‘(B) any applicant for naturalization 12 under section 328 or 329 who is a resident of 13 an outlying possession of the United States; or 14 ‘‘(C) any child described in section 15 322(a)(5)(B) for whom an application is made 16 under section 322. 17 ‘‘(2) LIMITATION.—Notwithstanding any other 18 provision of law, including sections 310(c) and 19 336(b), no court shall have jurisdiction over any ap- 20 plication for naturalization filed by or on behalf of 21 a resident of an outlying possession of the United 22 States. 23 ‘‘(c) CONSTRUCTION.—In determining eligibility for 24 naturalization under subsection (a)(2)— 25 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 6 •HR 1208 IH ‘‘(1) absence from any State or outlying posses- 1 sion of the United States for a continuous period of 2 more than 180 days shall break the continuity of 3 such residence, unless the person establishes to the 4 satisfaction of the Secretary of Homeland Security 5 that the person did not abandon such person’s resi- 6 dence during such period; 7 ‘‘(2) in conducting the investigation and exam- 8 ination of the person under sections 332(a) and 335, 9 the Secretary of Homeland Security may in the dis- 10 cretion of the Secretary waive a personal interview 11 of the person; and 12 ‘‘(3) the Secretary of Homeland Security, in the 13 discretion of the Secretary, may impose a reduced 14 fee for an application for naturalization under such 15 subsection compared to other applications for natu- 16 ralization, taking into account the relative costs of 17 processing an application for naturalization under 18 such subsection.’’. 19 (c) CHILDREN RESIDING IN AMERICAN SAMOA.— 20 Section 322(a)(5) of the Immigration and Nationality Act 21 (8 U.S.C. 1433(a)(5)) is amended to read as follows: 22 ‘‘(5) The child— 23 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 7 •HR 1208 IH ‘‘(A) is temporarily present in the United 1 States pursuant to a lawful admission, and is 2 maintaining such lawful status; or 3 ‘‘(B) is present and resides in an outlying 4 possession of the United States’’. 5 SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STA- 6 TUS EDUCATION IN AMERICAN SAMOA. 7 It is the sense of the Congress that the Secretary of 8 the Interior may provide technical assistance to the Gov- 9 ernment of American Samoa under section 601(a) of the 10 Act entitled ‘‘An Act to authorize appropriations for cer- 11 tain insular areas of the United States, and for other pur- 12 poses’’, approved December 24, 1980 (48 U.S.C. 13 1469d(a)), for public education regarding political status 14 options only if the political status options are consistent 15 with the Constitution of the United States. 16 SEC. 3. REFERENDUM ON UNITED STATES CITIZENSHIP. 17 The Secretary of the Interior is authorized to make 18 a grant to the Chief Election Officer of American Samoa 19 for the purpose of providing funds necessary to include 20 on the ballot in the first general election held in American 21 Samoa after the date of the enactment of this Act, and 22 to report to Governor of American Samoa and the Con- 23 gress the results of, a referendum on the following ques- 24 tions: 25 VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS 8 •HR 1208 IH (1) ‘‘Should all nationals of the United States 1 who are residing in American Samoa on the date on 2 which this referendum takes place be declared to be 3 citizens of the United States?’’; and 4 (2) ‘‘Should all individuals who are born in 5 American Samoa after the date on which this ref- 6 erendum takes place be declared to be citizens of the 7 United States at birth?’’. 8 Æ VerDate Sep 11 2014 04:23 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1208.IH H1208 kjohnson on DSK79L0C42 with BILLS