text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Child Citizenship Act of 2000''.
  
     TITLE I--CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED 
                                   STATES
  
  SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN 
                BORN OUTSIDE THE 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 the united states and residing permanently in 
    the 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 child is under the age of eighteen years.
          ``(3) 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 
  applicable to adopted children under 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 the United States and residing 
            permanently in the United States; conditions under which 
            citizenship automatically acquired.''.
  
  SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN 
                CHILDREN BORN OUTSIDE THE 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 the united states; conditions for 
                    acquiring certificate of citizenship
  
      ``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 who has not acquired citizenship automatically under 
  section 320. The Attorney General shall issue a certificate of 
  citizenship 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 citizenship.
      ``(c) Subsections (a) and (b) shall apply to a child adopted by a 
  United States citizen parent if the child satisfies the requirements 
  applicable to adopted children under 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 the United States; 
            conditions for acquiring certificate of citizenship.''.
  
  SEC. 103. CONFORMING AMENDMENT.
  
      (a) In General.--Section 321 of the Immigration and Nationality Act 
  (8 U.S.C. 1432) is repealed.
      (b) Clerical Amendment.--The table of sections of such Act is 
  amended by striking the item relating to section 321.
  
  SEC. 104. EFFECTIVE DATE.
  
      The amendments made by this title shall take effect 120 days after 
  the date of the enactment of this Act and shall apply to individuals 
  who satisfy the requirements of section 320 or 322 of the Immigration 
  and Nationality Act, as in effect on such effective date.
  
    TITLE II--PROTECTIONS FOR CERTAIN ALIENS VOTING BASED ON REASONABLE 
                           BELIEF OF CITIZENSHIP
  
  SEC. 201. PROTECTIONS FROM FINDING OF BAD MORAL CHARACTER, REMOVAL FROM 
                THE UNITED STATES, AND CRIMINAL PENALTIES.
  
      (a) Protection From Being Considered Not of Good Moral Character.--
          (1) In general.--Section 101(f) of the Immigration and 
      Nationality Act (8 U.S.C. 1101(f)) is amended by adding at the end 
      the following:
  ``In the case of an alien who makes a false statement or claim of 
  citizenship, or who registers to vote or votes in a Federal, State, or 
  local election (including an initiative, recall, or referendum) in 
  violation of a lawful restriction of such registration or voting to 
  citizens, if each natural parent of the alien (or, in the case of an 
  adopted alien, each adoptive parent of the alien) is or was a citizen 
  (whether by birth or naturalization), the alien permanently resided in 
  the United States prior to attaining the age of 16, and the alien 
  reasonably believed at the time of such statement, claim, or violation 
  that he or she was a citizen, no finding that the alien is, or was, not 
  of good moral character may be made based on it.''.
          (2) Effective date.--The amendment made by paragraph (1) shall 
      be effective as if included in the enactment of the Illegal 
      Immigration Reform and Immigrant Responsibility Act of 1996 (Public 
      Law 104-208; 110 Stat. 3009-546) and shall apply to individuals 
      having an application for a benefit under the Immigration and 
      Nationality Act pending on or after September 30, 1996.
      (b) Protection From Being Considered Inadmissible.--
          (1) Unlawful voting.--Section 212(a)(10)(D) of the Immigration 
      and Nationality Act (8 U.S.C. 1182(a)(10)(D)) is amended to read as 
      follows:
              ``(D) Unlawful voters.--
                  ``(i) In general.--Any alien who has voted in violation 
              of any Federal, State, or local constitutional provision, 
              statute, ordinance, or regulation is inadmissible.
                  ``(ii) Exception.--In the case of an alien who voted in 
              a Federal, State, or local election (including an 
              initiative, recall, or referendum) in violation of a lawful 
              restriction of voting to citizens, if each natural parent 
              of the alien (or, in the case of an adopted alien, each 
              adoptive parent of the alien) is or was a citizen (whether 
              by birth or naturalization), the alien permanently resided 
              in the United States prior to attaining the age of 16, and 
              the alien reasonably believed at the time of such violation 
              that he or she was a citizen, the alien shall not be 
              considered to be inadmissible under any provision of this 
              subsection based on such violation.''.
          (2) Falsely claiming citizenship.--Section 212(a)(6)(C)(ii) of 
      the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is 
      amended to read as follows:
                  ``(ii) Falsely claiming citizenship.--
  
                      ``(I) In general.--Any alien who falsely 
                  represents, or has falsely represented, himself or 
                  herself to be a citizen of the United States for any 
                  purpose or benefit under this Act (including section 
                  274A) or any other Federal or State law is 
                  inadmissible.
                      ``(II) Exception.--In the case of an alien making a 
                  representation described in subclause (I), if each 
                  natural parent of the alien (or, in the case of an 
                  adopted alien, each adoptive parent of the alien) is or 
                  was a citizen (whether by birth or naturalization), the 
                  alien permanently resided in the United States prior to 
                  attaining the age of 16, and the alien reasonably 
                  believed at the time of making such representation that 
                  he or she was a citizen, the alien shall not be 
                  considered to be inadmissible under any provision of 
                  this subsection based on such representation.''.
  
          (3) Effective dates.--The amendment made by paragraph (1) shall 
      be effective as if included in the enactment of section 347 of the 
      Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
      (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting 
      occurring before, on, or after September 30, 1996. The amendment 
      made by paragraph (2) shall be effective as if included in the 
      enactment of section 344 of the Illegal Immigration Reform and 
      Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
      3009-637) and shall apply to representations made on or after 
      September 30, 1996. Such amendments shall apply to individuals in 
      proceedings under the Immigration and Nationality Act on or after 
      September 30, 1996.
      (c) Protection From Being Considered Deportable.--
          (1) Unlawful voting.--Section 237(a)(6) of the Immigration and 
      Nationality Act (8 U.S.C. 1227(a)(6)) is amended to read as 
      follows:
          ``(6) Unlawful voters.--
              ``(A) In general.--Any alien who has voted in violation of 
          any Federal, State, or local constitutional provision, statute, 
          ordinance, or regulation is deportable.
              ``(B) Exception.--In the case of an alien who voted in a 
          Federal, State, or local election (including an initiative, 
          recall, or referendum) in violation of a lawful restriction of 
          voting to citizens, if each natural parent of the alien (or, in 
          the case of an adopted alien, each adoptive parent of the 
          alien) is or was a citizen (whether by birth or 
          naturalization), the alien permanently resided in the United 
          States prior to attaining the age of 16, and the alien 
          reasonably believed at the time of such violation that he or 
          she was a citizen, the alien shall not be considered to be 
          deportable under any provision of this subsection based on such 
          violation.''.
          (2) Falsely claiming citizenship.--Section 237(a)(3)(D) of the 
      Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended 
      to read as follows:
              ``(D) Falsely claiming citizenship.--
                  ``(i) In general.--Any alien who falsely represents, or 
              has falsely represented, himself to be a citizen of the 
              United States for any purpose or benefit under this Act 
              (including section 274A) or any Federal or State law is 
              deportable.
                  ``(ii) Exception.--In the case of an alien making a 
              representation described in clause (i), if each natural 
              parent of the alien (or, in the case of an adopted alien, 
              each adoptive parent of the alien) is or was a citizen 
              (whether by birth or naturalization), the alien permanently 
              resided in the United States prior to attaining the age of 
              16, and the alien reasonably believed at the time of making 
              such representation that he or she was a citizen, the alien 
              shall not be considered to be deportable under any 
              provision of this subsection based on such 
              representation.''.
          (3) Effective dates.--The amendment made by paragraph (1) shall 
      be effective as if included in the enactment of section 347 of the 
      Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
      (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting 
      occurring before, on, or after September 30, 1996. The amendment 
      made by paragraph (2) shall be effective as if included in the 
      enactment of section 344 of the Illegal Immigration Reform and 
      Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
      3009-637) and shall apply to representations made on or after 
      September 30, 1996. Such amendments shall apply to individuals in 
      proceedings under the Immigration and Nationality Act on or after 
      September 30, 1996.
      (d) Protection From Criminal Penalties.--
          (1) Criminal penalty for voting by aliens in federal 
      election.--Section 611 of title 18, United States Code, is amended 
      by adding at the end the following:
      ``(c) Subsection (a) does not apply to an alien if--
          ``(1) each natural parent of the alien (or, in the case of an 
      adopted alien, each adoptive parent of the alien) is or was a 
      citizen (whether by birth or naturalization);
          ``(2) the alien permanently resided in the United States prior 
      to attaining the age of 16; and
          ``(3) the alien reasonably believed at the time of voting in 
      violation of such subsection that he or she was a citizen of the 
      United States.''.
          (2) Criminal penalty for false claim to citizenship.--Section 
      1015 of title 18, United States Code, is amended by adding at the 
      end the following:
  ``Subsection (f) does not apply to an alien if each natural parent of 
  the alien (or, in the case of an adopted alien, each adoptive parent of 
  the alien) is or was a citizen (whether by birth or naturalization), 
  the alien permanently resided in the United States prior to attaining 
  the age of 16, and the alien reasonably believed at the time of making 
  the false statement or claim that he or she was a citizen of the United 
  States.''.
          (3) Effective dates.--The amendment made by paragraph (1) shall 
      be effective as if included in the enactment of section 216 of the 
      Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
      (Public Law 104-208; 110 Stat. 3009-572). The amendment made by 
      paragraph (2) shall be effective as if included in the enactment of 
      section 215 of the Illegal Immigration Reform and Immigrant 
      Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-
      572). The amendments made by paragraphs (1) and (2) shall apply to 
      an alien prosecuted on or after September 30, 1996, except in the 
      case of an alien whose criminal proceeding (including judicial 
      review thereof) has been finally concluded before the date of the 
      enactment of this Act.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Provides for issuance of a certificate of naturalization for a child born outside of the United States when the following conditions are met: (1) at least one parent is a U.S. citizen who has been present in the United States for not less than five years, at least two of which were after having attained the age of 14, or who has a citizen parent meeting such requirements; (2) the child is under 18 years old; and (3) the child is residing outside the United States in the legal and physical custody of the citizen parent, is temporarily and lawfully present in the United States, and is maintaining such lawful status. Applies such provision to an adopted child meeting certain definitional requirements who is adopted by a U.S. citizen parent.
  Title II: Protections for Certain Aliens Voting Based on Reasonable Belief of Citizenship
   - Amends the Immigration and Nationality Act respecting unlawful voting or false U.S. citizenship claims by permanent resident aliens under 16 years old having natural or adoptive U.S. citizen parents, to provide exceptions from certain provisions regarding deportability, moral character, inadmissability or related criminal penalties.
feat_title: Child Citizenship Act of 2000