Posthumous Citizenship for Active Duty Service Act of 1989
PL 101-249 (H.R.150), enacted 03/06/1990

104 STAT. 94 
PUBLIC LAW 101-249—MAR. 6, 1990 
Mar. 6, 1990 
[H.R. 150] 
Posthumous 
Citizenship for 
Active Duty 
Service Act of 
1989. 
8 u s e 1101 
note. 
Public Law 101-249 
101st Congress 
An Act 
To amend the Immigration and Nationality Act to provide a procedure for an alien 
who dies while serving on active-duty with the United States armed forces during 
certain periods of hostilities to be considered a citizen of the United States at the 
time of the alien's death. 
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 
Duty Service Act of 1989". 
'Posthumous Citizenship for Active 
SEC. 2. POSTHUMOUS CITIZENSHIP THROUGH DEATH WHILE ON ACTIVE-
DUTY SERVICE IN THE ARMED FORCES DURING WORLD 
WAR I, WORLD WAR II, THE KOREAN HOSTILITIES, THE 
VIETNAM HOSTILITIES, OR IN OTHER PERIODS OF MILI-
TARY HOSTILITIES. 
(a) IN GENERAL.—Chapter 2 of title III of the Immigration and 
Nationality Act is amended by inserting after section 329 (8 U.S.C. 
1440) the following new section: 
" P O S T H U M O U S C I T I Z E N S H I P T H R O U G H DEATH WHILE ON ACTIVE-DUTY 
SERVICE IN THE ARMED FORCES DURING WORLD WAR I, WORLD WAR 
II, THE KOREAN HOSTILITIES, THE VIETNAM HOSTILITIES, OR IN OTHER 
PERIODS OF MILITARY HOSTILITIES 
8 use 1440-1. 
"SEC. 329A. (a) PERMITTING GRANTING OF POSTHUMOUS CITIZEN-
SHIP.—Notwithstanding any other provision of this title, the Attor-
ney General shall provide, in accordance with this section, for the 
granting of posthumous citizenship at the time of death to a person 
described in subsection (h) if the Attorney General approves an 
application for that posthumous citizenship under subsection (c). 
"(b) NoNCiTizENS ELIGIBLE FOR POSTHUMOUS CITIZENSHIP.—A 
person referred to in subsection (a) is a person who, while an alien or 
a noncitizen national of the United States— 
"(1) 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), 
"(2) died as a result of injury or disease incurred in or 
aggravated by that service, and 
"(3) satisfied the requirements of clause (1) or (2) of the first 
sentence of section 329(a). 
The executive department under which the person so served shall 
determine whether the person satisfied the requirements of para-
graphs (1) and (2). 
"(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.—A request for the 
granting of posthumous citizenship to a person described in subsec-
tion (b) may be filed on behalf of the person only by the next-of-kin 
(as defined by the Attorney General) or another representative (as 
PUBLIC LAW 101-249—MAR. 6, 1990 
104 STAT. 95 
defined by the Attorney General). The Attorney General shall ap-
prove such a request respecting a person if— 
"(1) the request is filed not later than 2 years after— 
"(A) the date of the enactment of this section, or 
"(B) the date of the person's death, whichever date is 
later; 
"(2) the request is accompanied by a duly authenticated cer-
tificate 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 
"(3) the Attorney General finds that the person satisfied the 
requirement of subsection G>X3). 
"(d) DOCUMENTATION OF POSTHUMOUS CITIZENSHIP.—If the Attor-
ney General approves such a request to grant a person posthumous 
citizenship, the Attorney General shall send to the individual who 
filed the request 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. 
"(e) NO BENEFITS TO SURVIVORS.—Nothing in this section or sec-
tion 319(d) shall be construed as providing for any benefits under 
this Act for any spouse, son, daughter, or other relative of a person 
granted posthumous citizenship under this section.". 
(b) CLERICAL AMENDMENT.—The table of contents of such Act is 
amended by inserting after the item relating to section 329 the 
following new item: 
"Sec. 329A. Posthumous citizenship through death while on active-duty service in 
the armed forces during World War I, World War II, the Korean hostil-
ities, the Vietnam hostilities, or in other periods of military hostilities.". 
Approved March 6, 1990. 
LEGISLATIVE HISTORY—H.R. 150: 
HOUSE REPORTS: No. 101-350 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 13, considered and passed House. 
Vol. 136 (1990): Feb. 20, considered and passed Senate. 
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