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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nationality and Natu-
ralization Amendments of 1993’’.
SEC. 2. EQUAL TREATMENT OF WOMEN IN CONFERRING
CITIZENSHIP FOR CHILDREN BORN ABROAD.
(a) IN GENERAL.—Section 301 of the Immigration
and Nationality Act (8 U.S.C. 1401) is amended—
(1) by striking the period at the end of para-
graph (g) and inserting ‘‘; and’’, and
(2) by adding at the end the following new para-
graph:
‘‘(h) a person born before noon (Eastern Stand-
ard Time) May 24, 1934, outside the limits and juris-
diction of the United States of an alien father and a
mother who is a citizen of the United States who,
prior to the birth of such person, had resided in the
United States.’’.
(b) WAIVER
OF RETENTION REQUIREMENTS.—Any
provision of law (including section 301(b) of the Immigra-
tion and Nationality Act (as in effect before October 10,
1978), and the provisos of section 201(g) of the Nationality
Act of 1940) that provided for a person’s loss of citizenship
or nationality if the person failed to come to, or reside or
be physically present in, the United States shall not apply
in the case of a person claiming United States citizenship
based on such person’s descent from an individual described
in section 301(h) of the Immigration and Nationality Act
(as added by subsection (a)).
(c) RETROACTIVE APPLICATION.—The immigration
and nationality laws of the United States shall be applied
(to persons born before, on, or after the date of the enact-
ment of this Act) as though such amendment and such sub-
section had been in effect as of the date of their birth. How-
ever, the retroactive application of the amendment and pro-
vision shall not affect the validity of citizenship of anyone
who has obtained citizenship under section 1993 of the Re-
vised Statutes (as in effect before the enactment of the Act
of May 24, 1934, 48 Stat. 797).
SEC. 3. EXPANDING WAIVER OF THE GOVERNMENT KNOWL-
EDGE, UNITED STATES HISTORY, AND ENG-
LISH LANGUAGE REQUIREMENTS FOR NATU-
RALIZATION.
(a) IN GENERAL.—Section 312 of the Immigration
and Nationality Act (8 U.S.C. 1423) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘312.’’,
(2) by striking ‘‘this requirement’’ and all that
follows through ‘‘That’’ the second place it appears,
(3) by striking ‘‘this section’’ and inserting ‘‘this
paragraph’’, and
(4) by adding at the end the following new sub-
section:
‘‘(b)(1) The requirements of subsection (a) shall not
apply to any person who is unable because of physical or
developmental disability or mental impairment to comply
therewith.
‘‘(2) The requirement of subsection (a)(1) shall not
apply to any person who, on the date of the filing of the
person’s application for naturalization as provided in sec-
tion 334, either—
‘‘(A) is over fifty years of age and has been liv-
ing in the United States for periods totaling at least
twenty years subsequent to a lawful admission for
permanent residence, or
‘‘(B) is over fifty-five years of age and has been
living in the United States for periods totaling at
least fifteen years subsequent to a lawful admission
for permanent residence.
‘‘(3) The requirement of subsection (a)(2) shall not
apply to any person who, on the date of the filing of the
person’s application for naturalization as provided in sec-
tion 334, is over sixty-five years of age and has been living
in the United States for periods totaling at least twenty
years subsequent to a lawful admission for permanent
residence.’’.
(b) 
CONFORMING
AMENDMENTS.—Section
245A(b)(1)(D) of such Act (8 U.S.C. 1254a(b)(1)(D)) is
amended by striking ‘‘312’’ each place it appears and in-
serting ‘‘312(a)’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply to applications for naturaliza-
tion filed on or after such date and to such applications
pending on such date.
SEC. 4. NATURALIZATION OF CHILDREN ON APPLICATION
OF CITIZEN PARENT.
(a) IN GENERAL.—Section 322 of the Immigration
and Nationality Act (8 U.S.C. 1433) is amended to read
as follows:
‘‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION
FOR CERTIFICATE OF CITIZENSHIP REQUIREMENTS
‘‘SEC. 322. (a) A parent who is a citizen of the United
States may apply to the Attorney General for a certificate
of citizenship on behalf of a child born outside the United
States. The Attorney General shall issue such a certificate
of citizenship upon proof to the satisfaction of the Attorney
General that the following conditions have been fulfilled:
‘‘(1) At least one parent is a citizen of the
United States, whether by birth or naturalization.
‘‘(2) The child is physically present in the
United States pursuant to a lawful admission.
‘‘(3) The child is under the age of 18 years and
in the legal custody of the citizen parent.
301(b) (as in effect before October 10, 1978), shall, from
and after taking the oath of allegiance required by section
337 be a citizen of the United States and have the status
of a citizen of the United States by birth, without filing
an application for naturalization, and notwithstanding
any of the other provisions of this title except the provisions
of section 313. Nothing in this subsection or any other pro-
vision of law shall be construed as conferring United States
citizenship retroactively upon such person during any pe-
riod in which such person was not a citizen.
‘‘(2) The provisions of paragraphs (2) and (3) of sub-
section (c) shall apply to a person regaining citizenship
under paragraph (1) in the same manner as they apply
under subsection (c)(1).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month beginning more than one hundred twenty days after
the date of the enactment of this Act.
SEC. 6. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED
ALIENS.
Not later than June 30, 1996, the Commissioner of the
Immigration and Naturalization Service shall prepare and
submit to the Congress a report concerning the citizenship
status of aliens legalized under section 245A and section
210 of the Immigration and Nationality Act. Such report
shall include the following information by district office for
each national origin group:
(1) The number of applications for citizenship
filed.
(2) The number of applications approved.
(3) The number of applications denied.
(4) The number of applications pending.