Pub. L. 105-119, tit. I, sec. 112

Sec. 112. (a) Short Title.—This section may be cited as the “Philippine Army, Scouts, and Guerilla Veterans of World War II Naturalization Act of 1997”. (b) In General.—Section 405 of the Immigration and Nationality Act of 1990 (8 U.S.C. 1440 note) is amended— (1) by striking subparagraph (B) of subsection (a)(1) and inserting the following: “(B) who— “(i) is listed on the final roster prepared by the Recovered Personnel Division of the United States Army of those who served honorably in an active duty status within the Philippine Army during the World War II occupation and liberation of the Philippines, “(ii) is listed on the final roster prepared by the Guerilla Affairs Division of the United States Army of those who received recognition as having served honorably in an active duty status within a recognized guerilla unit during the World War II occupation and liberation of the Philippines, or “(iii) served honorably in an active duty status within the Philippine Scouts or within any other component of the United States Armed Forces in the Far East (other than a component described in clause (i) or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946:”; (2) by adding at the end of subsection (a) the following new paragraph: “(3)(A) For purposes of the second sentence of section 329(a) and section 329(b)(3) of the Immigration and Nationality Act, the executive department under which a person served shall be— “(i) in the case of an applicant claiming to have served in the Philippine Army, the United States Department of the Army; “(ii) in the case of an applicant claiming to have served in a recognized guerilla unit, the United States Department of the Army; or “(iii) in the case of an applicant claiming to have served in the Philippine Scouts or any other component of the United States Armed Forces in the Far East (other than a component described in clause (i) or (ii)) at any time during the period beginning September 1, 1939, and ending December 31, 1946, the United States executive department (or successor thereto) that exercised supervision over such component. 111 STAT. 2460 “(B) An executive department specified in subparagraph (A) may not make a determination under the second sentence of section 329(a) with respect to the service or separation from service of a person described in paragraph (1) except pursuant to a request from the Service.”; and (3) by adding at the end the following new subsection: “(d) Implementation.—(1) Notwithstanding any other provision of law, for purposes of the naturalization of natives of the Philippines under this section— “(A) the processing of applications for naturalization, filed in accordance with the provisions of this section, including necessary interviews, shall be conducted in the Philippines by employees of the Service designated pursuant to section 335(b) of the Immigration and Nationality Act; and “(B) oaths of allegiance for applications for naturalization under this section shall be administered in the Philippines by employees of the Service designated pursuant to section 335(b) of that Act. “(2) Notwithstanding paragraph (1), applications for naturalization, including necessary interviews, may continue to be processed, and oaths of allegiance may continue to be taken in the United States.” (c) Repeal.—Section 113 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1440 note), is repealed. (d) Effective Date; Termination Date.— (1) Application to pending applications.—The amendments made by subsection (b) shall apply to applications filed before February 3, 1995. (2) Termination date.—The authority provided by the amendments made by subsection (b) shall expire February 3, 2001.