[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3667 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3667

 To amend the Immigration and Nationality Act to modify the provisions 
governing naturalization of children born outside of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2000

 Mr. Delahunt (for himself and Mr. Gejdenson) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to modify the provisions 
governing naturalization of children born outside of the United States.

    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 ``Child Citizenship Act of 2000''.

SEC. 2. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN 
              OUTSIDE UNITED STATES.

    (a) In General.--Section 320 of the Immigration and Nationality Act 
(8 U.S.C. 1431) is amended to read as follows:

     ``children born outside united states; conditions under which 
                   citizenship automatically acquired

    ``Sec. 320. (a) A child born outside of the United States 
automatically becomes a citizen of the United States when all of the 
following conditions have been fulfilled:
            ``(1) At least one parent of the child is a citizen of the 
        United States, whether by birth or naturalization.
            ``(2) The United States citizen parent--
                    ``(A) 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; or
                    ``(B) has a citizen parent who 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.
            ``(3) The child is under the age of eighteen years.
            ``(4) The child is residing in the United States in the 
        legal and physical custody of the citizen parent pursuant to a 
        lawful admission for permanent residence.
    ``(b) Subsection (a) shall apply to a child adopted by a United 
States citizen parent if the child satisfies the requirements for being 
a child under subparagraph (E) or (F) of section 101(b)(1).''.
    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 320 and inserting the 
following:

``Sec. 320. Children born outside United States; conditions under which 
                            citizenship automatically acquired.''.

SEC. 3. ACQUISITION OF CERTIFICATE OF NATURALIZATION FOR CERTAIN 
              CHILDREN BORN OUTSIDE UNITED STATES.

    (a) In General.--Section 322 of the Immigration and Nationality Act 
(8 U.S.C. 1433) is amended to read as follows:

  ``children born and residing outside united states; conditions for 
                acquiring certificate of naturalization

    ``Sec. 322. (a) A parent who is a citizen of the United States may 
apply for naturalization on behalf of a child born outside of the 
United States. The Attorney General shall issue a certificate of 
naturalization to such parent 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 United States citizen parent--
                    ``(A) 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; or
                    ``(B) has a citizen parent who 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.
            ``(3) The child is under the age of eighteen years.
            ``(4) The child is residing outside of the United States in 
        the legal and physical custody of the citizen parent, is 
        temporarily present in the United States pursuant to a lawful 
        admission, and is maintaining such lawful status.
    ``(b) Upon approval of the application (which may be filed from 
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 naturalization, the child shall become a citizen of the 
United States and shall be furnished by the Attorney General with a 
certificate of naturalization.
    ``(c) Subsections (a) and (b) shall apply to a child adopted by a 
United States citizen parent if the child satisfies the requirements 
for being a child under subparagraph (E) or (F) of section 
101(b)(1).''.
    (b) Clerical Amendment.--The table of sections of such Act is 
amended by striking the item relating to section 322 and inserting the 
following:

``Sec. 322. Children born and residing outside United States; 
                            conditions for acquiring certificate of 
                            naturalization.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 321 of the Immigration and Nationality Act (8 U.S.C. 1432) 
is repealed.

SEC. 5. EFFECTIVE DATE; SPECIAL PROVISION FOR PERSONS BORN OUTSIDE 
              UNITED STATES AND ADMITTED WHILE UNDER 18.

    (a) Effective Date.--The amendments made by this Act shall take 
effect 120 days after the date of the enactment of this Act.
    (b) Special Provision for Certain Persons Admitted as Lawful 
Permanent Residents While Under Age 18 on or After January 1, 1988.--
            (1) In general.-- A person may apply to the Attorney 
        General for a certificate of naturalization if such person--
                    (A) on the date of the enactment of this Act, is 18 
                years of age or older;
                    (B) while under the age of 18, and on or after 
                January 1, 1988, was admitted to the United States for 
                lawful permanent residence; and
                    (C) after such admission, satisfied the 
                requirements relating to children born outside of the 
                United States in section 322 of the Immigration and 
                Nationality Act (8 U.S.C. 1433) (as in effect on the 
                date of the enactment of this Act).
            (2) Issuance of certificate.--Upon approval of the 
        application (which may be filed from abroad) and upon taking 
        and subscribing before an officer of the Immigration and 
        Naturalization Service within the United States to the oath of 
        allegiance required by the Immigration and Nationality Act of 
        an applicant for naturalization, the applicant shall become a 
        citizen of the United States and shall be furnished by the 
        Attorney General with a certificate of naturalization.
            (3) Effective date.--This subsection shall take effect on 
        the date of the enactment of this Act.
                                 <all>