[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Referred in House (RFH)]

  1st Session
                                 S. 783


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2003

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To expedite the granting of posthumous citizenship to members of the 
                      United States Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. GRANTING OF POSTHUMOUS CITIZENSHIP TO MEMBERS OF THE ARMED 
              FORCES.

    (a) Requests and Documentation for Posthumous Citizenship.--Section 
329A of the Immigration and Nationality Act (8 U.S.C. 1440-1) is 
amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Requests for Posthumous Citizenship.--
            ``(1) In general.--A request for the granting of posthumous 
        citizenship to a person described in subsection (b) may be 
        filed on behalf of that person--
                    ``(A) upon locating the next-of-kin, and if so 
                requested by the next-of-kin, by the Secretary of 
                Defense or the Secretary's designee with the Bureau of 
                Citizenship and Immigration Services in the Department 
                of Homeland Security immediately upon the death of that 
                person; or
                    ``(B) by the next-of-kin.
            ``(2) Approval.--The Director of the Bureau of Citizenship 
        and Immigration Services shall approve a request for posthumous 
        citizenship filed by the next-of-kin in accordance with 
        paragraph (1)(B) if--
                    ``(A) the request is filed not later than 2 years 
                after--
                            ``(i) the date of enactment of this 
                        section; or
                            ``(ii) the date of the person's death;
                whichever date is later;
                    ``(B) the request is accompanied by a duly 
                authenticated certificate from the executive department 
                under which the person served which states that the 
                person satisfied the requirements of paragraphs (1) and 
                (2) of subsection (b); and
                    ``(C) the Director finds that the person satisfied 
                the requirement of subsection (b)(3).''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Documentation of Posthumous Citizenship.--If the Director of 
the Bureau of Citizenship and Immigration Services approves the request 
referred to in subsection (c), the Director shall send to the next-of-
kin of the person who is granted citizenship, a suitable document which 
states that the United States considers the person to have been a 
citizen of the United States at the time of the person's death.''.
    (b) Technical and Conforming Amendments.--Section 329A(a) of the 
Immigration and Nationality Act (8 U.S.C. 1440-1(a)) is amended by 
striking ``the Attorney General'' each place that term appears and 
inserting ``the Secretary of Homeland Security''.
    (c) Effective Date.--This Act and the amendments made by this Act 
shall take effect as if enacted on September 11, 2001.

            Passed the Senate April 10, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.