[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1067 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 1067

                   For the relief of John Castellano.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

 Mr. Rohrabacher introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                   For the relief of John Castellano.

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

SECTION 1. GRANTING POSTHUMOUS CITIZENSHIP TO JOHN CASTELLANO.

    (a) Authority of Secretary of Homeland Security.--Notwithstanding 
the Immigration and Nationality Act or any other provision of law, the 
Secretary of Homeland Security shall grant, in accordance with this 
Act, posthumous citizenship at the time of death to John Castellano, 
who died July 7, 1937, if the Secretary approves an application for 
posthumous citizenship under subsection (b).
    (b) Request for Posthumous Citizenship.--A request for the granting 
of posthumous citizenship to the individual referred to in subsection 
(a) may be filed on behalf of the individual only by the next-of-kin 
(as determined by the Secretary of Homeland Security) or another 
representative (as determined by the Secretary). The Secretary shall 
approve such a request respecting the individual referred to in 
subsection (a) if the request is filed not later than 2 years after the 
date of the enactment of this Act and the Secretary finds that the 
individual satisfied the requirements of subsection (c).
    (c) Criteria for Granting of Posthumous Citizenship.--The 
requirements referred to in subsection (b) are that the individual 
referred to in subsection (a) is a person who, while an alien or a 
noncitizen national of the United States served honorably in an active-
duty status in the military, air, or naval forces of the United States 
during any period described in the first sentence of section 329(a) of 
the Immigration and Nationality Act (8 U.S.C. 1440(a)), and satisfied 
the requirements of clause (1) or (2) of the first sentence of section 
329(a). The executive department under which the person so served shall 
determine whether the individual satisfied the requirements of 
paragraphs (1) and (2).
    (d) Documentation of Posthumous Citizenship.--If the Secretary of 
Homeland Security approves such a request to grant the individual 
referred to in subsection (a) posthumous citizenship, the Secretary 
shall send to the person 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 at the time of the individual's death.
    (e) No Benefits to Survivors.--Nothing in this Act shall be 
construed as providing for any benefits under this Act for any spouse, 
son, daughter, or other relative of a person granted posthumous 
citizenship under this section.
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