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10 U.S.C. § 1790 — Military personnel citizenship processing
Federal law — U.S. Code and appendices · legal_authorities
Page 1615
TITLE 10—ARMED FORCES
§ 1791
in an active status and their immediate family mem-
bers,’’ and inserted ‘‘, or to support the resiliency, sui-
cide prevention, or holistic wellness of such covered in-
dividual’’ after ‘‘structure’’.
Subsec. (b). Pub. L. 117–263, § 571(a)(2), substituted ‘‘a
covered individual’’ for ‘‘members of the armed forces
and their family members’’, ‘‘a program’’ for ‘‘pro-
grams’’, and ‘‘a retreat or conference’’ for ‘‘retreats and
conferences’’.
Subsec. (c). Pub. L. 117–263, § 571(a)(3), added subsec.
(c) and struck out former subsec. (c) which defined ‘‘im-
mediate family members’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–136, div. A, title V, § 582(b), Nov. 24, 2003,
117 Stat. 1490, provided that: ‘‘Section 1789 of title 10,
United States Code, as added by subsection (a), shall
take effect on October 1, 2003.’’
§ 1790. Military personnel citizenship processing
Using funds provided for operation and main-
tenance and notwithstanding section 2215 of this
title, the Secretary of Defense may reimburse
the Secretary of Homeland Security for costs as-
sociated with the processing and adjudication by
the United States Citizenship and Immigration
Services (USCIS) of applications for naturaliza-
tion described in sections 328(b)(4) and 329(b)(4)
of the Immigration and Nationality Act (8
U.S.C. 1439(b)(4) and 1440(b)(4)). Such reimburse-
ments shall be deposited and remain available as
provided by subsections (m) and (n) of section
286 of such Act (8 U.S.C. 1356). Such reimburse-
ments shall be based on actual costs incurred by
USCIS for processing applications for natu-
ralization, and shall not exceed $7,500,000 per fis-
cal year.
(Added Pub. L. 112–74, div. A, title VIII, § 8070(a),
Dec. 23,
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Stable record: federal_law:legal_authorities:usc2024-b72f390f1fdc1537fd4ff0f7
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-1790-military-personnel-citizenship-processing--528d56f6e0.md
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Source location: USCODE-2024-title10-subtitleA-partII-chap88-subchapI-sec1790.pdf
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Page 1615
TITLE 10—ARMED FORCES
§ 1791
in an active status and their immediate family mem-
bers,’’ and inserted ‘‘, or to support the resiliency, sui-
cide prevention, or holistic wellness of such covered in-
dividual’’ after ‘‘structure’’.
Subsec. (b). Pub. L. 117–263, § 571(a)(2), substituted ‘‘a
covered individual’’ for ‘‘members of the armed forces
and their family members’’, ‘‘a program’’ for ‘‘pro-
grams’’, and ‘‘a retreat or conference’’ for ‘‘retreats and
conferences’’.
Subsec. (c). Pub. L. 117–263, § 571(a)(3), added subsec.
(c) and struck out former subsec. (c) which defined ‘‘im-
mediate family members’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–136, div. A, title V, § 582(b), Nov. 24, 2003,
117 Stat. 1490, provided that: ‘‘Section 1789 of title 10,
United States Code, as added by subsection (a), shall
take effect on October 1, 2003.’’
§ 1790. Military personnel citizenship processing
Using funds provided for operation and main-
tenance and notwithstanding section 2215 of this
title, the Secretary of Defense may reimburse
the Secretary of Homeland Security for costs as-
sociated with the processing and adjudication by
the United States Citizenship and Immigration
Services (USCIS) of applications for naturaliza-
tion described in sections 328(b)(4) and 329(b)(4)
of the Immigration and Nationality Act (8
U.S.C. 1439(b)(4) and 1440(b)(4)). Such reimburse-
ments shall be deposited and remain available as
provided by subsections (m) and (n) of section
286 of such Act (8 U.S.C. 1356). Such reimburse-
ments shall be based on actual costs incurred by
USCIS for processing applications for natu-
ralization, and shall not exceed $7,500,000 per fis-
cal year.
(Added Pub. L. 112–74, div. A, title VIII, § 8070(a),
Dec. 23, 2011, 125 Stat. 822; amended Pub. L.
112–239, div. A, title X, § 1076(f)(22), Jan. 2, 2013,
126 Stat. 1953.)
Editorial Notes
AMENDMENTS
2013—Pub. L. 112–239, in section catchline, substituted
‘‘Military personnel citizenship processing’’ for ‘‘MILI-
TARY PERSONNEL CITIZENSHIP PROCESSING’’,
and in text, struck out ‘‘AUTHORIZATION
OF
PAY-
MENTS.—’’ before ‘‘Using funds’’ and substituted ‘‘this
title’’ for ‘‘title 10, United States Code’’, ‘‘8 U.S.C.
1439(b)(4)’’ for ‘‘8 U.S.C. §§ 1439(b)(4)’’, and ‘‘subsections
(m) and (n) of section 286 of such Act (8 U.S.C. 1356)’’ for
‘‘sections 286(m) and (n) of such Act (8 U.S.C.
§ 1356(m))’’.
SUBCHAPTER II—MILITARY CHILD CARE
Sec.
1791.
Funding for military child care.
1792.
Child care employees.
1793.
Parent fees.
1794.
Child abuse prevention and safety at facili-
ties.
1795.
Parent partnerships with child development
centers.
1796.
Subsidies for family home day care.
1797.
Early childhood education program.
1798.
Child care services and youth program serv-
ices for dependents: financial assistance for
providers.
1799.
Child care services and youth program serv-
ices for dependents: participation by chil-
dren and youth otherwise ineligible.
Sec.
1800.
Definitions.
Editorial Notes
AMENDMENTS
1999—Pub. L. 106–65, div. A, title V, § 584(a)(2), Oct. 5,
1999, 113 Stat. 636, added items 1798, 1799, and 1800 and
struck out former item 1798 ‘‘Definitions’’.
Statutory Notes and Related Subsidiaries
OUTREACH CAMPAIGN RELATING TO WAITING LISTS FOR
MILITARY
CHILD
DEVELOPMENT
CENTERS; ANNUAL
BRIEFING
Pub. L. 118–31, div. A, title V, § 585, Dec. 22, 2023, 137
Stat. 281, as amended by Pub. L. 118–159, div. A, title V,
§§ 585, 586, Dec. 23, 2024, 138 Stat. 1912, provided that:
‘‘(a) IN GENERAL.—The Secretary of Defense, in co-
ordination with the Secretaries of the military depart-
ments, shall develop a campaign to conduct outreach,
not less than once every six months, to inform individ-
uals eligible for child care services under chapter 88 of
title 10, United States Code, including child care em-
ployees—
‘‘(1) how to—
‘‘(A) join a waiting list for child care services at
a military child development center; and
‘‘(B) check the position of such an individual on
such waiting list; and
‘‘(2) of—
‘‘(A) what factors affect positions on such waiting
list;
‘‘(B) the process to prioritize such individuals to
receive child care services at a military child devel-
opment center;
‘‘(C) the fee schedule for child care services at a
military child development center; and
‘‘(D) options for child care services available to
such individuals other than military child develop-
ment centers, including a provider eligible for fi-
nancial assistance under section 1798 of title 10,
United States Code, or pilot programs at the duty
station of such member, if applicable.
‘‘(b) ANNUAL BRIEFING.—Not later than 90 days after
the date of the enactment of this Act [Dec. 22, 2023],
and on an annual basis thereafter for five years, the
Secretary of Defense, in coordination with the Secre-
taries of the military departments, shall submit to the
Committees on Armed Services of the House of Rep-
resentatives and the Senate a briefing that includes,
for each military department—
‘‘(1) with regards to the 20 military installations
with the longest waiting lists for child care services
at military child development centers—
‘‘(A) the number of children on each waiting list;
‘‘(B) the available total capacity for child care
services at each such military child development
center, disaggregated by infants, pre-toddlers, tod-
dlers, and pre-school children;
‘‘(C) an accounting of the total unduplicated and
unmet need for child care within each metropolitan
region represented by a military installation de-
scribed in subparagraph (A); and
‘‘(D) the determination of the Secretary of De-
fense whether insufficient staffing or issues relat-
ing to maintenance contribute to the length of such
waiting lists; and
‘‘(2) an accounting of the efforts of the Secretary of
Defense to mitigate child care shortages in order to
shorten waiting lists and address unmet needs for
child care across the Department of Defense.
‘‘(c) DEFINITIONS.—In this section, the terms ‘child
care employee’ and ‘military child development center’
have the meanings given such terms in section 1800 of
title 10, United States Code.’’
§ 1791. Funding for military child care
(a) POLICY.—It is the policy of Congress that
the amount of appropriated funds available dur-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
Using funds provided for operation and maintenance and notwithstanding [section 2215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2215&num=0&edition=prelim), the Secretary of Defense may reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturalization described in sections 328(b)(4) and 329(b)(4) of the Immigration and Nationality Act ([8 U.S.C. 1439(b)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1439/b/4&num=0&edition=prelim) and 1440(b)(4)). Such reimbursements shall be deposited and remain available as provided by subsections (m) and (n) of section 286 of such Act ([8 U.S.C. 1356](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356&num=0&edition=prelim)). Such reimbursements shall be based on actual costs incurred by USCIS for processing applications for naturalization, and shall not exceed $7,500,000 per fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1790
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations** All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in [section 1223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1223/b&num=0&edition=prelim) paid by the Service from the appropriation for the enforcement of this chapter, shall be credited to the appropriation for the enforcement of this chapter for the fiscal year in which the expenses were incurred.
**(b) Purchase of evidence** Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service.
**(c) Fees and administrative fines and penalties; exception** Except as otherwise provided in subsection (a) and subsection (b), or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1351&num=0&edition=prelim), shall be paid over to the Treasury of the Virgin Islands and to the Treasury of Guam, respectively.
**(d) Schedule of fees** In addition to any other fee authorized by law, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1356
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Federal law — U.S. Code and appendices · legal_authorities
Page 431
TITLE 8—ALIENS AND NATIONALITY
§ 1356
Executive Documents
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Jus-
tice and functions of all agencies and employees of such
Department, with a few exceptions, transferred to At-
torney General, with power vested in him to authorize
their performance or performance of any of his func-
tions by any of such officers, agencies, and employees,
by 1950 Reorg. Plan No. 2, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title
5, Government Organization and Employees. See sec-
tions 509 and 510 of Title 28, Judiciary and Judicial Pro-
cedure.
§ 1354. Applicability to members of the Armed
Forces
(a) Nothing contained in this subchapter shall
be construed so as to limit, restrict, deny, or af-
fect the coming into or departure from the
United States of an alien member of the Armed
Forces of the United States who is in the uni-
form of, or who bears documents identifying him
as a member of, such Armed Forces, and who is
coming to or departing from the United States
under official orders or permit of such Armed
Forces: Provided, That nothing contained in this
section shall be construed to give to or confer
upon any such alien any other privileges, rights,
benefits, exemptions, or immunities under this
chapter, which are not otherwise specifically
granted by this chapter.
(b) If a person lawfully admitted for perma-
nent residence is the spouse or child of a mem-
ber of the Armed Forces of the United States, is
authorized to accompany the member and reside
abroad with the member pursuant to the mem-
ber’s official orders, and is so accompanying and
residing with the member (in marital union if a
spouse), then the residence and physical pres-
ence
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1356
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating one year, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person’s application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.
**(b) Exceptions** A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1) no residence within a State or district of the Service in the United States shall be required;
(2) notwithstanding [section 1429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1429&num=0&edition=prelim) insofar as it relates to deportability, such applicant may be naturalized immediately if the applicant be then actually in the Armed Forces of the United States, and if prior to the filing of the application, the applicant shall have appeared before and been examined by a representative of the Service;
(3) the applicant shall furnish to the Secretary of Homeland Security, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing t
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1439
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Federal law — U.S. Code and appendices · legal_authorities
Page 502
TITLE 8—ALIENS AND NATIONALITY
§ 1439
naturalized in accordance with the provisions of
section 323 of the Nationality Act of 1940, shall
have, from and after such naturalization, the
status of a native-born, or naturalized, citizen of
the United States, whichever status existed in
the case of such person prior to the loss of citi-
zenship: Provided, That nothing contained here-
in, or in any other provision of law, shall be con-
strued as conferring United States citizenship
retroactively upon any such person during any
period in which such person was not a citizen.
(d) Span of World War II
For the purposes of this section, World War II
shall be deemed to have begun on September 1,
1939, and to have terminated on September 2,
1945.
(e) Inapplicability to certain persons
This section shall not apply to any person who
during World War II served in the armed forces
of a country while such country was at war with
the United States.
(June 27, 1952, ch. 477, title III, ch. 2, § 327, 66
Stat. 248; Pub. L. 101–649, title IV, § 407(d)(7),
Nov. 29, 1990, 104 Stat. 5042.)
Editorial Notes
REFERENCES IN TEXT
Section 323 of the Nationality Act of 1940, referred to
in subsec. (c), which was classified to section 723 of this
title, was repealed by section 403(a)(42) of act June 27,
1952. See subsec. (a) of this section.
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–649 substituted ‘‘the At-
torney General or before a court described in section
1421(b) of this title’’ for ‘‘any naturalization court spec-
ified in section 1421(a) of this title’’ and inserted ‘‘and
by the Attorney General to the Secretary of State’’ be-
fore period at end.
Statutory Notes and Related Subsidiaries
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIO
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1439
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