Corporal Fernando Ruiz Baltazar Posthumous Citizenship Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3714 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. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2023 Mrs. NAPOLITANO (for herself, Mr. SESSIONS, Mr. CARSON, and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Com- mittee on the Judiciary A BILL 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 pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Corporal Fernando 4 Ruiz Baltazar Posthumous Citizenship Act of 2023’’. 5 VerDate Sep 11 2014 16:52 Jun 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3714.IH H3714 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3714 IH SEC. 2. GRANTING OF POSTHUMOUS CITIZENSHIP TO OTH- 1 ERWISE QUALIFIED NONCITIZENS WHO EN- 2 LISTED IN THE PHILIPPINES. 3 (a) IN GENERAL.—Section 329A(b) of the Immigra- 4 tion and Nationality Act (8 U.S.C. 1440–1(b)) is amended 5 to read as follows: 6 ‘‘(b) NONCITIZENS ELIGIBLE FOR POSTHUMOUS 7 CITIZENSHIP.— 8 ‘‘(1) IN GENERAL.—A person referred to in 9 subsection (a) is a person who, while an alien or a 10 noncitizen national of the United States— 11 ‘‘(A) served honorably in an active-duty 12 status in the military, air, or naval forces of the 13 United States during any period described in 14 the first sentence of section 329(a); 15 ‘‘(B) died as a result of injury or disease 16 incurred in or aggravated by that service; and 17 ‘‘(C) either— 18 ‘‘(i) satisfied the requirements of 19 clause (1) or (2) of the first sentence of 20 section 329(a); or 21 ‘‘(ii) enlisted, reenlisted, extended en- 22 listment, or was inducted in the Phil- 23 ippines and died during the period begin- 24 ning September 1, 1939, and ending De- 25 cember 31, 1946. 26 VerDate Sep 11 2014 16:52 Jun 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3714.IH H3714 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3714 IH ‘‘(2) DETERMINATION OF SATISFACTION OF RE- 1 QUIREMENTS.—The executive department under 2 which a person described in paragraph (1) served 3 shall determine whether the person satisfied the re- 4 quirements of subparagraphs (A), (B), and (C)(ii) of 5 paragraph (1). 6 ‘‘(3) POSTHUMOUS BENEFITS.—In the case of a 7 person to which paragraph (1)(C)(ii) applies— 8 ‘‘(A) section 319(d) shall not apply; and 9 ‘‘(B) section 1703 of the National Defense 10 Authorization Act for Fiscal Year 2004 (Public 11 Law 108–136; 117 Stat. 1693; 8 U.S.C. 1151 12 note) shall not apply.’’. 13 (b) CONFORMING AMENDMENTS.—Section 14 329A(c)(2) of the Immigration and Nationality Act (8 15 U.S.C. 1440–1(c)(2)) is amended— 16 (1) in subparagraph (A)(i), by inserting ‘‘(or, in 17 the case of an individual to which clause (ii) of sub- 18 section (b)(1)(C) applies, the date of the enactment 19 of such clause (ii))’’ after ‘‘the date of enactment of 20 this section’’; 21 (2) by striking subparagraph (B) and inserting 22 the following new subparagraph: 23 ‘‘(B) the request is accompanied by a duly 24 authenticated certificate from the executive de- 25 VerDate Sep 11 2014 16:52 Jun 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3714.IH H3714 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3714 IH partment under which the person served which 1 states that the person satisfied the require- 2 ments of— 3 ‘‘(i) subparagraphs (A) and (B) of 4 subsection (b)(1); and 5 ‘‘(ii) if applicable, subparagraph 6 (C)(ii) of subsection (b)(1); and’’; and 7 (3) in subparagraph (C), by striking ‘‘of sub- 8 section (b)(3)’’ and inserting ‘‘of subsection 9 (b)(1)(C)(i)’’. 10 Æ VerDate Sep 11 2014 16:52 Jun 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3714.IH H3714 pbinns on DSKJLVW7X2PROD with $$_JOB