[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nationality and Naturalization 
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 paragraph (g) and 
        inserting ``; and'', and
            (2) by adding at the end the following new paragraph:
            ``(h) a person born before noon (Eastern Standard Time) May 
        24, 1934, outside the limits and jurisdiction 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 Immigration 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 enactment 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 KNOWLEDGE, UNITED STATES 
              HISTORY, AND ENGLISH LANGUAGE REQUIREMENTS FOR 
              NATURALIZATION.

    (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 subsection:
    ``(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 section 334, either--
            ``(A) is over fifty years of age and has been living 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 section 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 inserting ``312(a)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for naturalization 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.
            ``(4) If the parent is an adoptive parent of the child, the 
        child was adopted by the parent before the child reached the 
        age of 16 years.
            ``(5) If the citizen parent has not been physically 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, pursuant to a 
                lawful admission for permanent residence, or
                    ``(B) a parent of the citizen parent has been 
                physically present in the United States or its outlying 
                possessions for a period or periods 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 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 naturalization, 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 adding 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 subsection (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.

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