[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2897 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2897
To provide for the granting of posthumous citizenship to certain aliens
lawfully admitted for permanent residence who died as a result of the
hijackings of 4 commercial aircraft, the attacks on the World Trade
Center, or the attack on the Pentagon, on September 11, 2001, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2001
Mr. Serrano introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the granting of posthumous citizenship to certain aliens
lawfully admitted for permanent residence who died as a result of the
hijackings of 4 commercial aircraft, the attacks on the World Trade
Center, or the attack on the Pentagon, on September 11, 2001, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. POSTHUMOUS CITIZENSHIP FOR TERRORIST ATTACK VICTIMS.
(a) Permitting Granting of Posthumous Citizenship.--Notwithstanding
any provision of title III of the Immigration and Nationality Act (8
U.S.C. 1401 et seq.), the Attorney General shall provide, in accordance
with this section, for the granting of posthumous citizenship, as of
September 10, 2001, to a person described in subsection (b), if the
Attorney General approves an application for such citizenship filed
under subsection (e).
(b) Noncitizens Eligible for Posthumous Citizenship.--A person
referred to in subsection (a) is a person who--
(1) while an alien or a noncitizen national of the United
States, died as a result of an injury incurred in one or more
of the events described in subsection (c);
(2) was not culpable for any of such events; and
(3) on September 11, 2001--
(A) had pending an application for naturalization,
or for a certificate of citizenship, filed with the
Attorney General by the person; or
(B) was the beneficiary of a pending application
for naturalization filed with the Attorney General by a
parent of the person.
(c) Events Described.--
(1) In general.--The events described in this subsection
are the following:
(A) The hijacking of American Airlines Flight 11 on
September 11, 2001, the crash of that aircraft into the
World Trade Center in New York, New York, and the
subsequent destruction that resulted.
(B) The hijacking of United Airlines Flight 175 on
such date, the crash of that aircraft into the World
Trade Center in New York, New York, and the subsequent
destruction that resulted.
(C) The hijacking of American Airlines Flight 77 on
such date, the crash of that aircraft into the Pentagon
in Arlington, Virginia, and the subsequent destruction
that resulted.
(D) The hijacking of United Airlines Flight 93 on
such date, and the crash of that aircraft in Stony
Creek Township, Pennsylvania.
(2) Response personnel included.--Any person who died as a
result of an injury incurred while assisting in the emergency
response to an event described in paragraph (1) (such as
military personnel, law enforcement officers, firefighters,
emergency management personnel, search and rescue personnel,
medical personnel, engineers and other personnel providing
technical assistance, and volunteers) shall be considered to
have died as a result of an injury incurred in such event.
(d) Requirements.--
(1) In general.--Unless otherwise provided by this section,
no person may be granted posthumous citizenship under this
section who would not otherwise have been eligible for
naturalization on the date of the person's death. Unless
otherwise provided by this section, any provision of law that
specifically bars or prohibits a person from being naturalized
as a citizen of the United States shall be applied to the
granting of posthumous citizenship under this section.
(2) Waiver of english language and government
requirements.--Notwithstanding section 312 of the Immigration
and Nationality Act (8 U.S.C. 1423), or any similar provision
of law requiring that a person demonstrate an understanding of
the English language or a knowledge and understanding of the
fundamentals of the history, and of the principles and form of
government, of the United States in order to be naturalized, no
such demonstration shall be required for the granting of
posthumous citizenship under this section.
(3) Waiver of oath.--No oath of renunciation or allegiance
shall be required for the granting of posthumous citizenship
under this section.
(4) Investigation of applicants; examination of
applications.--To the maximum extent practicable, the
investigation and examination described in section 335 of the
Immigration and Nationality Act (8 U.S.C. 1446) shall be
conducted with respect to an application described in
subsection (b)(3) in the same manner as they otherwise would
have been conducted if the subject of the application had not
died.
(e) Requests for Posthumous Citizenship.--A request for the
granting of posthumous citizenship to a person described in subsection
(b) may be filed on behalf of the person only by the next of kin (as
defined by the Attorney General) or another representative (as defined
by the Attorney General), and must be filed not later than 2 years
after the later of--
(1) the date of the enactment of this section; or
(2) the date of the person's death.
(f) Documentation of Posthumous Citizenship.--If the Attorney
General approves such a request to grant a person posthumous
citizenship, the Attorney General shall send to the individual who
filed the request a suitable document which states that the United
States considers the person to have been a citizen of the United States
on and after September 10, 2001.
(g) No Benefits to Survivors.--Nothing in this section shall be
construed as providing for any benefits under the Immigration and
Nationality Act for any spouse, son, daughter, or other relative of a
person granted posthumous citizenship under this section.
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