I

103D CONGRESS

1ST SESSION H. R. 783

To amend title III of the Immigration and Nationality Act to make changes

in the laws relating to nationality and naturalization.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. MAZZOLI introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title III of the Immigration and Nationality Act

to make changes in the laws relating to nationality and

naturalization.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Nationality and Natu5 ralization Amendments of 1993’’.

6 SEC. 2. EQUAL TREATMENT OF WOMEN IN CONFERRING

7 CITIZENSHIP FOR CHILDREN BORN ABROAD.

8 (a) IN GENERAL.—Section 301 of the Immigration

9 and Nationality Act (8 U.S.C. 1401) is amended—
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1 (1) by striking the period at the end of para2 graph (g) and inserting ‘‘; and’’, and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(h) a person born before noon (Eastern Stand6 ard Time) May 24, 1934, outside the limits and ju7 risdiction of the United States of an alien father and

8 a mother who is a citizen of the United States who,

9 prior to the birth of such person, had resided in the

10 United States.’’.

11 (b) WAIVER OF RETENTION REQUIREMENTS.—Any

12 provision of law (including section 301(b) of the Immigra13 tion and Nationality Act (as in effect before October 10,

14 1978), and the provisos of section 201(g) of the National15 ity Act of 1940) that provided for a person’s loss of citi16 zenship or nationality if the person failed to come to, or

17 reside or be physically present in, the United States shall

18 not apply in the case of a person claiming United States

19 citizenship based on such person’s descent from an indi20 vidual described in section 301(h) of the Immigration and

21 Nationality Act (as added by subsection (a)).

22 (c) RETROACTIVE APPLICATION.—The immigration

23 and nationality laws of the United States shall be applied

24 (to persons born before, on, or after the date of the enact25 ment of this Act) as though such amendment and such
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1 subsection had been in effect as of the date of their birth.

2 However, the retroactive application of the amendment

3 and provision shall not affect the validity of citizenship

4 of anyone who has obtained citizenship under section 1993

5 of the Revised Statutes (as in effect before the enactment

6 of the Act of May 24, 1934, 48 Stat. 797).

7 SEC. 3. EXPANDING WAIVER OF THE GOVERNMENT KNOWL8 EDGE, UNITED STATES HISTORY, AND ENG9 LISH LANGUAGE REQUIREMENTS FOR NATU10 RALIZATION.

11 (a) IN GENERAL.—Section 312 of the Immigration

12 and Nationality Act (8 U.S.C. 1423) is amended—

13 (1) by inserting ‘‘(a)’’ after ‘‘312.’’,

14 (2) by striking ‘‘this requirement’’ and all that

15 follows through ‘‘That’’ the second place it appears,

16 (3) by striking ‘‘this section’’ and inserting

17 ‘‘this paragraph’’, and

18 (4) by adding at the end the following new sub19 section:

20 ‘‘(b)(1) The requirements of subsection (a) shall not

21 apply to any person who is unable because of physical or

22 developmental disability or mental impairment to comply

23 therewith.

24 ‘‘(2) The requirement of subsection (a)(1) shall not

25 apply to any person who, on the date of the filing of the
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1 person’s application for naturalization as provided in sec2 tion 334, either—

3 ‘‘(A) is over fifty years of age and has been liv4 ing in the United States for periods totalling at least

5 twenty years subsequent to a lawful admission for

6 permanent residence, or

7 ‘‘(B) is over fifty-five years of age and has been

8 living in the United States for periods totaling at

9 least fifteen years subsequent to a lawful admission

10 for permanent residence.

11 ‘‘(3) The requirement of subsection (a)(2) shall not

12 apply to any person who, on the date of the filing of the

13 person’s application for naturalization as provided in sec14 tion 334, is over sixty-five years of age and has been living

15 in the United States for periods totaling at least twenty

16 years subsequent to a lawful admission for permanent res17 idence.’’.

18 (b) CONFORMING AMENDMENTS.—Section

19 245A(b)(1)(D) of such Act (8 U.S.C. 1254a(b)(1)(D)) is

20 amended by striking ‘‘312’’ each place it appears and in21 serting ‘‘312(a)’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 subsection (a) shall take effect on the date of the enact24 ment of this Act and shall apply to applications for natu-
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1 ralization filed on or after such date and to such applica2 tions pending on such date.

3 SEC. 4. NATURALIZATION OF CHILDREN ON APPLICATION

4 OF CITIZEN PARENT.

5 (a) IN GENERAL.—Section 322 of the Immigration

6 and Nationality Act (8 U.S.C. 1433) is amended to read

7 as follows:

8 ‘‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICA9 TION FOR CERTIFICATE OF CITIZENSHIP REQUIRE10 MENTS

11 ‘‘SEC. 322. (a) A parent who is a citizen of the Unit12 ed States may apply to the Attorney General for a certifi13 cate of citizenship on behalf of a child born outside the

14 United States. The Attorney General shall issue such a

15 certificate of citizenship upon proof to the satisfaction of

16 the Attorney General that the following conditions have

17 been fulfilled:

18 ‘‘(1) At least one parent is a citizen of the

19 United States, whether by birth or naturalization.

20 ‘‘(2) The child is physically present in the Unit21 ed States pursuant to a lawful admission.

22 ‘‘(3) The child is under the age of 18 years and

23 in the legal custody of the citizen parent.

24 ‘‘(4) If the parent is an adoptive parent of the

25 child, the child was adopted by the parent before the

26 child reached the age of 16 years.
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1 ‘‘(5) If the citizen parent has not been phys2 ically present in the United States or its outlying

3 possessions for a period or periods totalling not less

4 than five years, at least two of which were after at5 taining the age of fourteen years—

6 ‘‘(A) the child is residing permanently in

7 the United States with the citizen parent, pur8 suant to a lawful admission for permanent resi9 dence, or

10 ‘‘(B) a parent of the citizen parent has

11 been physically present in the United States or

12 its outlying possessions for a period or periods

13 totaling not less than five years, at least two of

14 which were after attaining the age of fourteen

15 years.

16 ‘‘(b) Upon approval of the application and, except as

17 provided in the last sentence of section 337(a), upon tak18 ing and subscribing before an officer of the Service within

19 the United States to the oath of allegiance required by

20 this Act of an applicant for naturalization, the child shall

21 become a citizen of the United States and shall be fur22 nished by the Attorney General with a certificate of citi23 zenship.

24 ‘‘(c) Subsection (a) of this section shall apply to the

25 adopted child of a United States citizen adoptive parent
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1 if the conditions specified in such subsection have been

2 fulfilled.’’.

3 (b) CONFORMING AMENDMENT.—Subsection (c) of

4 section 341 of such Act (8 U.S.C. 1452) is repealed.

5 (c) CLERICAL AMENDMENT.—The item in the table

6 of contents of such Act relating to section 322 is amended

7 to read as follows:

‘‘Sec. 322. Child born outside the United States; application for certificate of

citizenship requirements.’’.

8 (d) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on the first day of the first

10 month beginning more than one hundred twenty days

11 after the date of the enactment of this Act.

12 SEC. 5. FORMER CITIZENS OF UNITED STATES REGAINING

13 UNITED STATES CITIZENSHIP.

14 (a) IN GENERAL.—Section 324 of the Immigration

15 and Nationality Act (8 U.S.C. 1435) is amended by add16 ing at the end the following new subsection:

17 ‘‘(d)(1) A person who was a citizen of the United

18 States at birth and lost such citizenship for failure to meet

19 the physical presence retention requirements under section

20 301(b) (as in effect before October 10, 1978), shall, from

21 and after taking the oath of allegiance required by section

22 337 be a citizen of the United States and have the status

23 of a citizen of the United States by birth, without filing

24 an application for naturalization, and notwithstanding any
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1 of the other provisions of this title except the provisions

2 of section 313. Nothing in this subsection or any other

3 provision of law shall be construed as conferring United

4 States citizenship retroactively upon such person during

5 any period in which such person was not a citizen.

6 ‘‘(2) The provisions of paragraphs (2) and (3) of sub7 section (c) shall apply to a person regaining citizenship

8 under paragraph (1) in the same manner as they apply

9 under subsection (c)(1).’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect on the first day of the first

12 month beginning more than one hundred twenty days

13 after the date of the enactment of this Act.

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