Pub. L. 108-136, div. A, tit. XVII, sec. 1701
REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES.
SEC. 1701. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES OF THE UNITED STATES.(a) Reduction of Period for Required Service.—Section 328(a) of the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by striking “three years,” and inserting “one year,”.(b) Prohibition on Imposition of Fees Relating to Naturalization.—Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended—(1) in section 328(b)—(A) in paragraph (3)—(i) by striking “honorable. The” and inserting “honorable (the”; and(ii) by striking “discharge.” and inserting “discharge); and”; and(B) by adding at the end the following:“(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing the application, or for the issuance of a certificate of naturalization upon being granted citizenship, 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.”; and(2) in section 329(b)—(A) in paragraph (2), by striking “and” at the end;(B) in paragraph (3), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(4) notwithstanding any other provision of law, no fee shall be charged or collected from the applicant for filing a petition for naturalization or for the issuance of a certificate of naturalization upon citizenship being granted to the applicant, 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.”.(c) Revocation of Citizenship for Separation From Military Service Under Other Than Honorable Conditions.—(1) In general.—Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) is amended—(A) by adding at the end of section 328 the following:117 STAT. 1692 “(f) Citizenship granted pursuant to this section may be revoked in accordance with section 340 if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 340. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.”; and(B) by amending section 329(c) to read as follows:“(c) Citizenship granted pursuant to this section may be revoked in accordance with section 340 if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 340. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.”.(2) Effective date.—The amendments made by paragraph (1) shall apply to citizenship granted on or after the date of the enactment of this Act.(d) Naturalization Proceedings Overseas for Members of the Armed Forces.—Notwithstanding any other provision of law, the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense shall ensure that any applications, interviews, filings, oaths, ceremonies, or other proceedings under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of members of the Armed Forces are available through United States embassies, consulates, and as practicable, United States military installations overseas.(e) Finalization of Naturalization Proceedings for Members of the Armed Forces.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy that facilitates the opportunity for a member of the Armed Forces to finalize naturalization for which the member has applied. The policy shall include, for such purpose, the following:(1) A high priority for grant of emergency leave.(2) A high priority for transportation on aircraft of, or chartered by, the Armed Forces.(f) Technical and Conforming Amendment.—Section 328(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by striking “Attorney General” and inserting “Secretary of Homeland Security”.117 STAT. 1693