Union Calendar No. 213

103D CONGRESS

1ST SESSION H. R. 783

[Report No. 103–387]

A BILL

To amend title III of the Immigration and Nationnationality and naturalization. ality Act to make changes in the laws relating to

NOVEMBER 20, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 213

103D CONGRESS

1ST SESSION H. R. 783

[Report No. 103–387]

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

NOVEMBER 20, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 3, 1993]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Nationality and Natu3 ralization Amendments of 1993’’.

4 SEC. 2. EQUAL TREATMENT OF WOMEN IN CONFERRING

5 CITIZENSHIP FOR CHILDREN BORN ABROAD.

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

7 and Nationality Act (8 U.S.C. 1401) is amended—

8 (1) by striking the period at the end of para9 graph (g) and inserting ‘‘; and’’, and

10 (2) by adding at the end the following new para11 graph:

12 ‘‘(h) a person born before noon (Eastern Stand13 ard Time) May 24, 1934, outside the limits and juris14 diction of the United States of an alien father and a

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

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

17 United States.’’.

18 (b) WAIVER OF RETENTION REQUIREMENTS.—Any

19 provision of law (including section 301(b) of the Immigra20 tion and Nationality Act (as in effect before October 10,

21 1978), and the provisos of section 201(g) of the Nationality

22 Act of 1940) that provided for a person’s loss of citizenship

23 or nationality if the person failed to come to, or reside or

24 be physically present in, the United States shall not apply

25 in the case of a person claiming United States citizenship

26 based on such person’s descent from an individual described
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1 in section 301(h) of the Immigration and Nationality Act

2 (as added by subsection (a)).

3 (c) RETROACTIVE APPLICATION.—The immigration

4 and nationality laws of the United States shall be applied

5 (to persons born before, on, or after the date of the enact6 ment of this Act) as though such amendment and such sub7 section had been in effect as of the date of their birth. How8 ever, the retroactive application of the amendment and pro9 vision shall not affect the validity of citizenship of anyone

10 who has obtained citizenship under section 1993 of the Re11 vised Statutes (as in effect before the enactment of the Act

12 of May 24, 1934, 48 Stat. 797).

13 SEC. 3. EXPANDING WAIVER OF THE GOVERNMENT KNOWL14 EDGE, UNITED STATES HISTORY, AND ENG15 LISH LANGUAGE REQUIREMENTS FOR NATU16 RALIZATION.

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

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

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

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

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

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

23 paragraph’’, and

24 (4) by adding at the end the following new sub25 section:
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1 ‘‘(b)(1) The requirements of subsection (a) shall not

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

3 developmental disability or mental impairment to comply

4 therewith.

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

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

7 person’s application for naturalization as provided in sec8 tion 334, either—

9 ‘‘(A) is over fifty years of age and has been liv10 ing in the United States for periods totaling at least

11 twenty years subsequent to a lawful admission for

12 permanent residence, or

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

14 living in the United States for periods totaling at

15 least fifteen years subsequent to a lawful admission

16 for permanent residence.

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

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

19 person’s application for naturalization as provided in sec20 tion 334, is over sixty-five years of age and has been living

21 in the United States for periods totaling at least twenty

22 years subsequent to a lawful admission for permanent

23 residence.’’.

24 (b) CONFORMING AMENDMENTS.—Section

25 245A(b)(1)(D) of such Act (8 U.S.C. 1254a(b)(1)(D)) is
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1 amended by striking ‘‘312’’ each place it appears and in2 serting ‘‘312(a)’’.

3 (c) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on the date of the enactment

5 of this Act and shall apply to applications for naturaliza6 tion filed on or after such date and to such applications

7 pending on such date.

8 SEC. 4. NATURALIZATION OF CHILDREN ON APPLICATION

9 OF CITIZEN PARENT.

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

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

12 as follows:

13 ‘‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION

14 FOR CERTIFICATE OF CITIZENSHIP REQUIREMENTS

15 ‘‘SEC. 322. (a) A parent who is a citizen of the United

16 States may apply to the Attorney General for a certificate

17 of citizenship on behalf of a child born outside the United

18 States. The Attorney General shall issue such a certificate

19 of citizenship upon proof to the satisfaction of the Attorney

20 General that the following conditions have been fulfilled:

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

22 United States, whether by birth or naturalization.

23 ‘‘(2) The child is physically present in the

24 United States pursuant to a lawful admission.

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

26 in the legal custody of the citizen parent.
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1 ‘‘(4) If the citizen parent is an adoptive parent

2 of the child, the child was adopted by the parent be3 fore the child reached the age of 16 years and the

4 child meets the requirements for being a child under

5 subparagraph (E) or (F) of section 101(b)(1).

6 ‘‘(5) If the citizen parent has not been physically

7 present in the United States or its outlying posses8 sions for a period or periods totaling not less than

9 five years, at least two of which were after attaining

10 the age of fourteen years—

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

12 the United States with the citizen parent, pursu13 ant to a lawful admission for permanent resi14 dence, or

15 ‘‘(B) a citizen parent of the citizen parent

16 has been physically present in the United States

17 or its outlying possessions for a period or periods

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

19 which were after attaining the age of fourteen

20 years.

21 ‘‘(b) Upon approval of the application (which may be

22 filed abroad) and, except as provided in the last sentence

23 of section 337(a), upon taking and subscribing before an

24 officer of the Service within the United States to the oath

25 of allegiance required by this Act of an applicant for natu-
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1 ralization, the child shall become a citizen of the United

2 States and shall be furnished by the Attorney General with

3 a certificate of citizenship.

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

5 adopted child of a United States citizen adoptive parent

6 if the conditions specified in such subsection have been ful7 filled.’’.

8 (b) CONFORMING AMENDMENT.—Subsection (c) of sec9 tion 341 of such Act (8 U.S.C. 1452) is repealed.

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

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

12 read as follows:

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

13 (d) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the first day of the first month

15 beginning more than one hundred twenty days after the

16 date of the enactment of this Act.

17 SEC. 5. FORMER CITIZENS OF UNITED STATES REGAINING

18 UNITED STATES CITIZENSHIP.

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

20 and Nationality Act (8 U.S.C. 1435) is amended by adding

21 at the end the following new subsection:

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

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

24 the physical presence retention requirements under section
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1 301(b) (as in effect before October 10, 1978), shall, from

2 and after taking the oath of allegiance required by section

3 337 be a citizen of the United States and have the status

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

5 an application for naturalization, and notwithstanding

6 any of the other provisions of this title except the provisions

7 of section 313. Nothing in this subsection or any other pro8 vision of law shall be construed as conferring United States

9 citizenship retroactively upon such person during any pe10 riod in which such person was not a citizen.

11 ‘‘(2) The provisions of paragraphs (2) and (3) of sub12 section (c) shall apply to a person regaining citizenship

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

14 under subsection (c)(1).’’.

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on the first day of the first

17 month beginning more than one hundred twenty days after

18 the date of the enactment of this Act.

19 SEC. 6. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED

20 ALIENS.

21 Not later than June 30, 1996, the Commissioner of the

22 Immigration and Naturalization Service shall prepare and

23 submit to the Congress a report concerning the citizenship

24 status of aliens legalized under section 245A and section

25 210 of the Immigration and Nationality Act. Such report
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1 shall include the following information by district office for

2 each national origin group:

3 (1) The number of applications for citizenship

4 filed.

5 (2) The number of applications approved.

6 (3) The number of applications denied.

7 (4) The number of applications pending.