[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 301 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 301

To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
         nationals and citizens of the United States at birth.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2013

   Mr. Vitter (for himself, Mr. Lee, and Mr. Boozman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
         nationals and citizens of the United States at birth.

    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 ``Birthright Citizenship Act of 
2013''.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        following'';
            (2) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8), respectively, and indenting such 
        paragraphs, as redesignated, an additional 2 ems to the right; 
        and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the right of birthright 
citizenship established by section 1 of the 14th Amendment to the 
Constitution of the United States, a person born in the United States 
shall be considered `subject to the jurisdiction' of the United States 
for purposes of subsection (a)(1) only if the person is born in the 
United States and at least 1 of the person's parents is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien performing active service in the armed 
        forces (as defined in section 101 of title 10, United States 
        Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) may not 
be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.
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