[Congressional Record Volume 149, Number 58 (Thursday, April 10, 2003)]
[Senate]
[Page S5256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  GRANTING POSTHUMOUS CITIZENSHIP TO MEMBERS OF THE U.S. ARMED FORCES

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of S. 783 
and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 783) to expedite the granting of posthumous 
     citizenship to members of the United States Armed Forces.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
agree to the Chambliss amendment that is at the desk, the bill, as 
amended, be read the third time and passed, the motion to reconsider be 
laid upon the table, and that any statements regarding this matter be 
printed in the Record.
  The amendment (No. 530) was agreed to, as follows:

(Purpose: To permit the Secretary of Defense or the next-of-kin to file 
for posthumous citizenship to noncitizens who died while in active duty 
                      service in the Armed Forces)

       On page 2, strike lines 1 through 7, and insert 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
       On page 2, after line 22, insert the following:
       (c) Effective Date.--This Act and the amendments made by 
     this Act shall take effect as if enacted on September 11, 
     2001.
  The bill (S. 783), as amended, was read the third time and passed, as 
follows:

                                 S. 783

       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.

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