Page:United States Statutes at Large Volume 117.djvu/1715

 117 STAT. 1696

PUBLIC LAW 108–136—NOV. 24, 2003

(2) by striking ‘‘Attorney General’’ each place that term appears and inserting ‘‘Secretary of Homeland Security’’. (h) TECHNICAL AND CONFORMING AMENDMENTS.—Section 319(d) of the Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended— (1) by inserting ‘‘, child, or parent’’ after ‘‘surviving spouse’’; (2) by inserting ‘‘, parent, or child’’ after ‘‘whose citizen spouse’’; and (3) by striking ‘‘who was living’’ and inserting ‘‘who, in the case of a surviving spouse, was living’’. SEC. 1704. EXPEDITED PROCESS FOR GRANTING POSTHUMOUS CITIZENSHIP TO MEMBERS OF THE ARMED FORCES.

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.— ‘‘(1) IN GENERAL.—A request for the granting of posthumous citizenship to a person described in subsection (b) may be filed on behalf of that person— ‘‘(A) upon locating the next-of-kin, and if so requested by the next-of-kin, 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; or ‘‘(B) by the next-of-kin. ‘‘(2) APPROVAL.—The Director of the Bureau of Citizenship and Immigration Services shall approve a request for posthumous citizenship filed by the next-of-kin in accordance with paragraph (1)(B) if— ‘‘(A) the request is filed not later than 2 years after— ‘‘(i) the date of enactment of this section; or ‘‘(ii) the date of the person’s death; whichever date is later; ‘‘(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 paragraphs (1) and (2) of subsection (b); and ‘‘(C) the Director finds that the person satisfied the requirement of subsection (b)(3).’’; 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.’’.

Deadline.

SEC. 1705. EFFECTIVE DATE. 8 USC 1439 note.

8 USC 1439 note.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

(a) IN GENERAL.—Except as provided in subsection (b), this title and the amendments made by this title shall take effect as if enacted on September 11, 2001. (b) EXCEPTION.—The amendments made by sections 1701(b) (relating to naturalization fees) and 1701(d) (relating to naturalization proceedings overseas) shall take effect on October 1, 2004.

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