12 2 STA T . 1 86PUBLIC LA W 11 0– 181 —J A N .28 , 2008 with th em em b e r i n m a rita lu ni o n ,s u c h resi d ence and p h y sical presence abroad shall be treated, f or purposes of subsection ( a ) and section 316 (a), as residence and physical presence in —‘ ‘( A ) the U nited S tates
and ‘‘( B ) any State or district of the D epartment of H omeland Security in the United States . ‘‘( 2 ) N otwithstandin g any other pro v ision of law, a spouse described in paragraph (1) shall be eligible for naturali z ation pro - ceedings overseas pursuant to section 1 70 1(d) of the National Defense Authorization Act for F iscal Y ear 200 4 ( P ublic L aw 10 8– 136; 8 U.S. C . 1443a). ’ ’. (b) C HILDREN .—Section 322 of the I mmigration and Nationality Act (8 U.S.C. 1433) is amended by adding at the end the following new subsection
‘‘(d) In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member’s official orders, and is so accompanying and residing with the member— ‘‘(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States; ‘‘(2) subsection (a)( 5 ) shall not apply; and ‘‘(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a).’’. (c) OV ER S E A SNA TU RALI Z ATI O N AUTHORIT Y .—Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 1443a) is amended— (1) in the subsection heading, by inserting ‘‘AND T HEIR S P OUSES AND CHILDREN’’ after ‘‘FOR C ES’’; and (2) by inserting ‘‘, and persons made eligible for naturaliza- tion by section 31 9 (e) or 322(d) of such Act,’’ after ‘‘Armed Forces’’. (d) EF FECTIVE DATE.—The amendments made by this section shall ta k e effect on the date of enactment of this Act and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date. SEC.675 . MODIF IC AT IO N OF AMO U NT OF B AC KP A Y FO R MEMBERS OF NA V Y AND MARINE CORPS SE L ECTED FOR PRO - MOTION WH ILE INTERNED AS PRISONERS OF WAR DURIN G WORLD WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER PRICE INDE X . (a) M ODIFICATION.—Section 667(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–170) is amended by adding at the end the following new paragraph: ‘‘(3) The amount determined for a person under paragraph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Inde x (all items—United States city average) published monthly by the Bureau of Labor Statistics.’’. 37USC5 5 9note.Ap p licab ilit y . 8 USC 14 3 0 note.
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