HR6355-119

2. Granting of posthumous citizenship to otherwise qualified noncitizens who enlisted in the Philippines Section 329A(b) of the Immigration and Nationality Act (8 U.S.C. 1440–1(b)) is amended to read as follows: A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States— 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); died as a result of injury or disease incurred in or aggravated by that service; and either— satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a); or enlisted, reenlisted, extended enlistment, or was inducted in the Philippines and died during the period beginning September 1, 1939, and ending December 31, 1946. 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). In the case of a person to which paragraph (1)(C)(ii) applies— section 319(d) shall not apply; and 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. Section 329A(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1440–1(c)(2)) is amended— 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; by striking subparagraph (B) and inserting the following new subparagraph: 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— subparagraphs (A) and (B) of subsection (b)(1); and if applicable, subparagraph (C)(ii) of subsection (b)(1); and in subparagraph (C), by striking of subsection (b)(3) and inserting of subsection (b)(1)(C)(i). (b)Noncitizens eligible for posthumous citizenship (1)In generalA 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 requirementsThe 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 benefitsIn 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)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