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

Amends the Immigration and Nationality Act to provide that a request for the granting of posthumous citizenship to a member of the armed forces who died from an active service-related injury or disease incurred during a period of military hostilities may be filed: (1) upon locating the next-of-kin, and if so requested by the next-of-kin, by the Secretary of Defense (or designee) with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security immediately upon the death of that person; or (2) by the next-of-kin. (Current law provides for such filing only by the next-of-kin or other representative.)

States that Director of the Bureau of Citizenship and Immigration Services shall approve a request for posthumous citizenship filed by the next-of-kin if: (1) the request is filed within two years after the later of enactment of this section or the date of the person's death; (2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served attesting to the person's honorable service and service-related death; and (3) the Director finds that the person satisfied certain enlistment location or post-enlistment status requirements. (Current law provides for approval by the Attorney General within two years after the later of March 6, 1990, or the person's death.)

States that the Director (currently the Attorney General) shall send the documentation of posthumous citizenship to the next-of-kin.

States that this Act shall take effect as if enacted on September 11, 2001.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 783

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2003

  Mr. Miller (for himself and Mr. Chambliss) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 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.--A request for the 
granting of posthumous citizenship to a person described in subsection 
(b) shall be filed on behalf of that person 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.''; 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''.
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