Page:United States Statutes at Large Volume 104 Part 1.djvu/128

 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 USC 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: "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 MILITARY HOSTILITIES 8 USC 1440-1. "SEC. 329A. (a) PERMITTING GRANTING OF POSTHUMOUS CITIZEN- SHIP.— Notwithstanding any other provision of this title, the Attorney 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 paragraphs (1) and (2). "(c) REQUESTS FOR POSTHUMOUS CITIZENSHIP.— A request for the granting of posthumous citizenship to a person described in subsection (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

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