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H.R. 887 - To amend the Immigration and Nationality Act to extend honorary citizenship to otherwise qualified noncitizens who enlisted in the Philippines and died while serving on active duty with the United States Armed Forces during certain periods of hostilities, and for other purposes.
Introduced: 2018-12-12
Bill Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
 

This bill amends the Immigration and Nationality Act to extend posthumous citizenship to an otherwise qualified noncitizen who enlisted, reenlisted, extended enlistment, or was inducted into the U.S. Armed Forces in the Philippines and died as a result of such active duty service during the period September 1, 1939-December 31, 1946.

The executive department under which a person served shall determine whether the person satisfied the requirements for posthumous citizenship.

Specified naturalization and other posthumous benefit provisions shall not apply to the surviving spouse, child, or parent of such a person.

Full Text


115th CONGRESS
2d Session
H. R. 887


AN ACT

    To amend the Immigration and Nationality Act to extend honorary citizenship to otherwise qualified noncitizens who enlisted in the Philippines and died while serving on active duty with the United States Armed Forces during certain periods of hostilities, 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. Granting of posthumous citizenship to otherwise qualified noncitizens who enlisted in the Philippines.

(a) In General.—Section 329A(b) of the Immigration and Nationality Act (8 U.S.C. 1440–1(b)) is amended to read as follows:

“(b) Noncitizens eligible for posthumous citizenship.—

“(1) IN GENERAL.—A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States—

“(A) 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);

“(B) died as a result of injury or disease incurred in or aggravated by that service; and

“(C) either—

“(i) satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a); or

“(ii) enlisted, reenlisted, extended enlistment, or was inducted in the Philippines and died during the period beginning September 1, 1939, and ending December 31, 1946.

“(2) DETERMINATION OF SATISFACTION OF REQUIREMENTS.—The executive department under which a person described in paragraph (1) served shall determine whether the person satisfied the requirements of subparagraphs (A), (B), and (C)(ii) of paragraph (1).

“(3) POSTHUMOUS BENEFITS.—In the case of a person to which paragraph (1)(C)(ii) applies—

“(A) section 319(d) shall not apply; and

“(B) section 1703 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1693; 8 U.S.C. 1151 note) shall not apply.”.

(b) Conforming Amendments.—Section 329A(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1440–1(c)(2)) is amended—

(1) in subparagraph (A)(i), by inserting “(or, in the case of an individual to which clause (ii) of subsection (b)(1)(C) applies, the date of the enactment of such clause (ii))” after “the date of enactment of this section”;

(2) by striking subparagraph (B) and inserting the following new subparagraph:

“(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—

“(i) subparagraphs (A) and (B) of subsection (b)(1); and

“(ii) if applicable, subparagraph (C)(ii) of subsection (b)(1); and”; and

(3) in subparagraph (C), by striking “of subsection (b)(3)” and inserting “of subsection (b)(1)(C)(i)”.

Passed the House of Representatives December 12, 2018.

Attest:





Clerk.  


115th CONGRESS
     2d Session
H. R. 887

AN ACT
    To amend the Immigration and Nationality Act to extend honorary citizenship to otherwise qualified noncitizens who enlisted in the Philippines and died while serving on active duty with the United States Armed Forces during certain periods of hostilities, and for other purposes.

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