103D CONGRESS
1ST SESSION
H. R. 783
AN ACT
To amend title III of the Immigration and Nation-
ality Act to make changes in the laws relating to
nationality and naturalization.
103D CONGRESS
1ST SESSION
H. R. 783
AN ACT
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
paragraph:
‘‘(h) a person born before noon (Eastern Stand-
ard Time) May 24, 1934, outside the limits and ju-
risdiction 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 National-
ity Act of 1940) that provided for a person’s loss of citi-
zenship 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 indi-
vidual 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
subsection had been in effect as of the date of their birth.
However, the retroactive application of the amendment
and provision shall not affect the validity of citizenship
of anyone who has obtained citizenship under section 1993
of the Revised 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 totalling 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 res-
idence.’’.
(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
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications for natu-
ralization filed on or after such date and to such applica-
tions 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; APPLICA-
TION FOR CERTIFICATE OF CITIZENSHIP REQUIRE-
MENTS
‘‘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.
‘‘(4) If the citizen parent is an adoptive parent
of the child, the child was adopted by the parent be-
fore the child reached the age of 16 years and the
child meets the requirements for being a child under
subparagraph (E) or (F) of section 101(b)(1).
‘‘(5) If the citizen parent has not been phys-
ically present in the United States or its outlying
possessions for a period or periods totalling not less
than five years, at least two of which were after
attaining the age of fourteen years—
‘‘(A) the child is residing permanently in
the United States with the citizen parent, pur-
suant to a lawful admission for permanent resi-
dence, or
‘‘(B) a citizen parent of the citizen parent
has been physically present in the United States
or its outlying possessions for a period or peri-
ods totaling not less than five years, at least
two of which were after attaining the age of
fourteen years.
‘‘(b) Upon approval of the application (which may be
filed abroad) and, except as provided in the last sentence
of section 337(a), upon taking and subscribing before an
officer of the Service within the United States to the oath
of allegiance required by this Act of an applicant for natu-
ralization, the child shall become a citizen of the United
States and shall be furnished by the Attorney General with
a certificate of citizenship.
‘‘(c) Subsection (a) of this section shall apply to the
adopted child of a United States citizen adoptive parent
if the conditions specified in such subsection have been
fulfilled.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of
section 341 of such Act (8 U.S.C. 1452) is repealed.
(c) CLERICAL AMENDMENT.—The item in the table
of contents of such Act relating to section 322 is amended
to read as follows:
‘‘Sec. 322. Child born outside the United States; application for certificate of
citizenship requirements.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section 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. 5. FORMER CITIZENS OF UNITED STATES REGAINING
UNITED STATES CITIZENSHIP.
(a) IN GENERAL.—Section 324 of the Immigration
and Nationality Act (8 U.S.C. 1435) is amended by add-
ing at the end the following new subsection:
‘‘(d)(1) A person who was a citizen of the United
States at birth and lost such citizenship for failure to meet
the physical presence retention requirements under section
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
provision of law shall be construed as conferring United
States citizenship retroactively upon such person during
any period 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
subsection (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 citi-
zenship 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.
Passed the House of Representatives November 20,
1993.
Attest:
Clerk.