Speech #910260799

Under existinglaw. birth abroad of a U.S. citizen parent does not. of itself. automatically vest the child with U.S. citizenship. To have that effect. the parent must have been resident or physically present in the United States for periods not less than 10 years prior to the birth of the child. 5 years of which are after age 14 yearshonorable service in U.S. forces is computable. Where the parent acquired U.S. citizenship after the birth of the child. citizenship descends to the child under existing law only if statutory conditions as to the childs immigration status. the citizenship Of the other parent. and the marital status of the parents. are metsection 320 of the Immigration and Nationality Act. :The following amendments are intended to confer citizenship upon the foreignborn children of U.S. citizen servicemen who would not meet -the conditions for automatic acquisition of citizenship through the parent under existing law. The benefits are limited to those children whose parents died while serving honorably in the Armed Forces of the United States. With respect to a child whose parent was a citizen at the time of birth of the child. the following new section should be added to section 301(a): (8) A person born outside the United States. whether before or after the effective date of this paragraph of a United States parent who dies during a period of honorable service in an activeduty status in the Armed Forces of the United States under any other provision of law. This amendment would apply only to a child who had not already become a citizen. for example. through naturalization. or derivation by naturalization of the alien parent. Consequently. where the citizen parent dies in service. but the child had theretofore acquired U.S. citizenship at birth under section 301(a) (7). the child could not take under proposed paragraph (8) and would be required to comply with the retention provisions of section 301(b). Where paragraph (8) does apply. the effect thereof would be to waive the residence or physical presence requirements otherwise required under sections 301(a) (3). (4). (5). and (7). as well as the retention requirements of section 301(b). The amendment would be applicable also to a case in which citizenship is conferred upon the serviceman. as of the date of death. by private legislation. With respect to a child whose serviceman parent became a citizen after the birth of the child. but who could not meet existing statutory condition for derivation of citizenship through the naturalization of such parent. the following amendment would confer citizenship upon the child. as of a date subsequent to birth. provided the child had not theretofore become a citizen under another law. A child born outside the United States of alien parents or of an alien parent and a citizen parent shall. if one of the alien parents becomes naturalized and the child is not a citizen of the United States under any other law. become a citizen of the United States. upon the death of the naturalized parent during a period of honorable service In an activeduty status in the Armed Forces of the United States. This amendment would. by reason of the definition of the term "child" in section 101(c) (1). be applicable only to unmarried children under 21 years of age. It would confer citizenship on the child. without regard to existing requirements of section 320 and section 321. as of the date of death of the parent. even though the child may never have been in the United States. It would operate also in favor of children whose parent was granted citizenship as of the date of death by private legislation. such grant constituting a naturalization within the meaning of the amendment. Mr. Speaker. citizenship is one of the most precious gifts which a country can bestow.