[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 905 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 905

To provide for the granting of posthumous citizenship to certain aliens 
 lawfully admitted for permanent residence who died as a result of the 
    shootings at the American Civic Association Community Center in 
     Binghamton, New York on April 3, 2009, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2009

Mr. Schumer (for himself and Mrs. Gillibrand) introduced the following 
    bill; which was read twice and 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 
    shootings at the American Civic Association Community Center in 
     Binghamton, New York on April 3, 2009, 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. SHORT TITLE.

    This Act may be cited as the``Posthumous Citizenship for Binghamton 
Victims Act''.

SEC. 2. GRANTING POSTHUMOUS CITIZENSHIP TO VICTIMS OF APRIL 3, 2009, 
              AMERICAN CIVIC ASSOCIATION COMMUNITY CENTER SHOOTING.

    (a) Authority.--Notwithstanding any provision of title III of the 
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), the Secretary 
of Homeland Security shall provide, in accordance with this section, 
for the granting of citizenship, as of April 2, 2009, to an individual 
described in subsection (b), if the Secretary approves an application 
for such citizenship filed under subsection (c)(1)(B).
    (b) Individual Described.--An individual described in this 
subsection is an individual who--
            (1) was, as of April 2, 2009--
                    (A) an alien; or
                    (B) a national of the United States who was not a 
                citizen of the United States;
            (2) died as a result of an injury incurred during the April 
        3, 2009, shooting at the American Civic Association Community 
        Center in Binghamton, New York; and
            (3) was not culpable for an act that was a cause of an 
        injury of an individual during the April 3, 2009, shooting at 
        the American Civic Association Community Center in Binghamton, 
        New York.
    (c) Eligibility Criteria.--
            (1) Eligibility for citizenship.--Except as otherwise 
        provided in this section, no individual may be granted 
        posthumous citizenship under this section unless--
                    (A) the individual would otherwise have been 
                eligible for naturalization on the date of the 
                individual's death; and
                    (B) a representative of the individual submits an 
                application to the Secretary of Homeland Security 
                seeking a grant of posthumous citizenship.
            (2) Applicability of limitations for citizenship.--Except 
        as otherwise provided in this section, any provision of law 
        that specifically bars or prohibits an individual from being 
        naturalized as a citizen of the United States shall be applied 
        to the granting of posthumous citizenship under this section.
            (3) Inapplicability of certain requirements.--
        Notwithstanding section 312 of the Immigration and Nationality 
        Act (8 U.S.C. 1423), or any similar provision of law requiring 
        that an individual 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.
            (4) No requirement for oath of renunciation or 
        allegiance.--No oath of renunciation or allegiance shall be 
        required for the granting of posthumous citizenship to an 
        individual under this section.
    (d) Documentation of Posthumous Citizenship.--If the Secretary of 
Homeland Security approves a request to grant an individual described 
in subsection (b) posthumous citizenship, the Secretary shall send to 
the person who filed the request a suitable document which states that 
the United States considers the individual to have been a citizen of 
the United States at the time of the individual's death.
    (e) No Benefits to Survivors.--The parents, brothers, sisters, 
sons, daughter, or any other relative of an individual granted 
posthumous citizenship under this section may not by virtue of such 
relationship be accorded any right, privilege, or status under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
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