I 116TH CONGRESS 1ST SESSION H. R. 3482 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 JUNE 25, 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 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS 2 •HR 3482 IH (1) Under the Immigration and Nationality 1 Act, persons born in the United States territory of 2 American Samoa are nationals of the United States, 3 but not citizens, at birth. 4 (2) The term ‘‘national of the United States’’ 5 is defined under the Immigration and Nationality 6 Act to include persons who, though not citizens of 7 the United States, owe permanent allegiance to the 8 United States. 9 (3) A large number of American Samoans who 10 are United States nationals have joined the United 11 States Armed Forces and fought for the United 12 States. 13 (4) However, in order for American Samoans 14 who are United States nationals to become United 15 States citizens, they must follow the same procedure 16 as aliens lawfully admitted for permanent residence. 17 This procedure requires, among other steps, an ap- 18 plication, fingerprinting, an interview, an English 19 language and civics examination, and participation 20 in an oath ceremony. The procedure may take years 21 to complete. 22 (5) Given that American Samoa’s education 23 system is structured to closely resemble that of pub- 24 lic schools in the United States, that courses on 25 VerDate Sep 11 2014 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS 3 •HR 3482 IH United States history, civics, and government are 1 thoroughly taught, that English is the language of 2 public school instruction, and that United States na- 3 tionals by definition owe permanent allegiance to the 4 United States, it is in the national interest that 5 United States nationals be allowed to become United 6 States citizens by more expeditious means. 7 (b) NATURALIZATION OF CERTAIN RESIDENTS OF 8 AMERICAN SAMOA.—Section 325 of the Immigration and 9 Nationality Act (8 U.S.C. 1436) is amended to read as 10 follows: 11 ‘‘SEC. 325. NATIONALS BUT NOT CITIZENS OF THE UNITED 12 STATES; RESIDENCE WITHIN OUTLYING POS- 13 SESSIONS. 14 ‘‘(a) ELIGIBILITY FOR NATURALIZATION.—A person 15 not a citizen who owes permanent allegiance to the United 16 States, and who is otherwise qualified, may— 17 ‘‘(1) if the person becomes a resident of any 18 State, be naturalized upon compliance with the ap- 19 plicable requirements of this title, except that in ap- 20 plications for naturalization filed under the provi- 21 sions of this section, residence and physical presence 22 within the United States within the meaning of this 23 title shall include residence and physical presence 24 VerDate Sep 11 2014 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS 4 •HR 3482 IH within any of the outlying possessions of the United 1 States; or 2 ‘‘(2) if the person has continuously resided in 3 any State or outlying possession of the United 4 States from birth to the date of approval of the ap- 5 plication, be naturalized upon compliance with the 6 applicable requirements of this title other than sec- 7 tions 312 and 337(a) and paragraphs (1) and (2) of 8 section 316(a). 9 ‘‘(b) JURISDICTION.— 10 ‘‘(1) IN GENERAL.—The Secretary shall provide 11 that applications, interviews, filings, oaths, cere- 12 monies, or other proceedings under this title, to the 13 extent applicable, are available in an outlying posses- 14 sion of the United States with respect to— 15 ‘‘(A) any applicant for naturalization 16 under subsection (a)(2); 17 ‘‘(B) any applicant for naturalization 18 under section 328 or 329 who is a resident of 19 an outlying possession of the United States; or 20 ‘‘(C) any child described in section 21 322(a)(5)(B) for whom an application is made 22 under section 322. 23 ‘‘(2) LIMITATION.—Notwithstanding any other 24 provision of law, including sections 310(c) and 25 VerDate Sep 11 2014 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS 5 •HR 3482 IH 336(b), no court shall have jurisdiction over any ap- 1 plication for naturalization filed by or on behalf of 2 a resident of an outlying possession of the United 3 States. 4 ‘‘(c) CONSTRUCTION.—In determining eligibility for 5 naturalization under subsection (a)(2)— 6 ‘‘(1) absence from any State or outlying posses- 7 sion of the United States for a continuous period of 8 more than 180 days shall break the continuity of 9 such residence, unless the person establishes to the 10 satisfaction of the Secretary of Homeland Security 11 that the person did not abandon such person’s resi- 12 dence during such period; 13 ‘‘(2) in conducting the investigation and exam- 14 ination of the person under sections 332(a) and 335, 15 the Secretary of Homeland Security may in the dis- 16 cretion of the Secretary waive a personal interview 17 of the person; and 18 ‘‘(3) the Secretary of Homeland Security, in the 19 discretion of the Secretary, may impose a reduced 20 fee for an application for naturalization under such 21 subsection compared to other applications for natu- 22 ralization, taking into account the relative costs of 23 processing an application for naturalization under 24 such subsection.’’. 25 VerDate Sep 11 2014 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS 6 •HR 3482 IH (c) CHILDREN RESIDING IN AMERICAN SAMOA.— 1 Section 322(a)(5) of the Immigration and Nationality Act 2 (8 U.S.C. 1433(a)(5)) is amended to read as follows: 3 ‘‘(5) The child— 4 ‘‘(A) is temporarily present in the United 5 States pursuant to a lawful admission, and is 6 maintaining such lawful status; or 7 ‘‘(B) is present and resides in an outlying 8 possession of the United States’’. 9 SEC. 2. SENSE OF CONGRESS REGARDING POLITICAL STA- 10 TUS EDUCATION IN AMERICAN SAMOA. 11 It is the sense of the Congress that the Secretary of 12 the Interior may provide technical assistance to the Gov- 13 ernment of American Samoa under section 601(a) of the 14 Act entitled ‘‘An Act to authorize appropriations for cer- 15 tain insular areas of the United States, and for other pur- 16 poses’’, approved December 24, 1980 (48 U.S.C. 17 1469d(a)), for public education regarding political status 18 options only if the political status options are consistent 19 with the Constitution of the United States. 20 Æ VerDate Sep 11 2014 04:29 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3482.IH H3482 kjohnson on DSK79L0C42 with BILLS