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.
Bill: H.R.6501 | Sponsor: Rep. Napolitano, Grace F. (D-CA)
Policy area: Immigration

Summary:
This bill extends 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 beginning September 1, 1939, and ending December 31, 1946.
The executive department under which an individual served must determine whether the individual satisfied the requirements for posthumous citizenship under this bill.
Specified naturalization and other posthumous benefit provisions shall not apply to the surviving spouse, child, or parent of such an individual.

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)''.
                                 <all>