Foreign Adopted Children Equality Act or the FACE Act - Amends the Immigration and Nationality Act to set forth automatic citizenship criteria for a child adopted outside the United States by a U.S. citizen parent.
Deems such an adopted child to be a U.S. citizen at birth.
Deems to be a U.S. citizen at birth, after the approval of an application filed within the United States or with a U.S. Embassy, a person who: (1) is older than 18 years of age; (2) was born outside the United States and was adopted by a U.S. citizen parent before such person reached 18 years of age; and (3) was adopted under 16 years of age and has lived with the adoptive parents for at least two years, was abused, or is an orphan who was under 16 years of age at the time an immediate relative status petition was filed on his or her behalf.
Includes within the definition of nonimmigrant an individual brought to the United States as a child to be adopted by a U.S. citizen.
Expresses the sense of Congress that the government of each foreign country from which children are adopted by U.S. citizens should provide the adoptive family with birth history documentation.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3110 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3110
To provide United States citizenship for children adopted from outside
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2009
Ms. Watson (for herself and Mr. Boozman) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide United States citizenship for children adopted from outside
the United States, and for other purposes.
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 ``Foreign Adopted Children Equality
Act'' or the ``FACE Act''.
SEC. 2. CITIZENSHIP FOR CHILDREN ADOPTED FROM OUTSIDE THE UNITED
STATES.
(a) In General.--Section 320(b) of the Immigration and Nationality
Act (8 U.S.C. 1431(b)) is amended to read as follows:
``(b) Citizenship for Children Adopted From Outside the United
States.--
``(1) In general.--A child born outside the United States
automatically becomes a citizen of the United States if the
Secretary of State is satisfied that all of the following
conditions are met:
``(A) The child is adopted by a parent who is a
citizen of the United States.
``(B) The child is younger than 18 years of age.
``(C) It is determined that each adopting parent is
eligible and suitable to adopt the child, including
determining that the parent is able to support the
child and has undergone an appropriate criminal
background check.
``(D) Prior to the adoption, the child was an
unmarried individual younger than 18 years of age--
``(i)(I) whose biological parents (or
parent, in the case of an individual who has 1
sole or surviving parent) or other person or
institution that retains legal custody of the
individual--
``(aa) have freely given their
written irrevocable consent to the
termination of their legal relationship
with the individual, and to the
individual's emigration and adoption
and that such consent has not been
induced by payment or compensation of
any kind and has not been given prior
to the birth of the individual;
``(bb) are unable to provide proper
care for the individual, as determined
by the competent authority of the
individual's residence; or
``(cc) have voluntarily
relinquished the individual to the
competent authorities pursuant to the
law of the individual's residence; or
``(II) who, as determined by the competent
authority of the individual's residence--
``(aa) has been abandoned or
deserted by the individual's biological
parents or legal guardian; or
``(bb) has been orphaned due to the
death or disappearance of the
individual's biological parents or
legal guardian; and
``(ii) with respect to whom the Secretary
of State--
``(I) is satisfied that the proper
care will be furnished the individual
if admitted to the United States;
``(II) is satisfied that the
purpose of the adoption is to form a
bona fide parent-child relationship and
that the parent-child relationship of
the individual and the biological
parents has been terminated (and in
carrying out both obligations under
this subparagraph, the Secretary of
State, in consultation with the
Secretary of Homeland Security, may
consider whether there is a petition
pending to confer immigrant status on 1
or both of the biological parents);
``(III) is satisfied that there has
been no inducement, financial or
otherwise, offered to obtain the
consent nor was it given before the
birth of the individual; and
``(IV) in consultation with the
Secretary of Homeland Security, is
satisfied that the individual is not a
security risk.
``(2) Citizenship from birth.--An individual who becomes a
citizen of the United States pursuant to paragraph (1) shall be
deemed to have been a citizen of the United States at birth and
shall be issued a United States Consular Report of Birth.
``(3) Special rule for adoptees who are older than 18 years
of age.--
``(A) In general.--A person described in
subparagraph (B) shall be deemed to have been a citizen
of the United States at birth after the approval of an
application filed within the United States or with a
United States Embassy.
``(B) Person described.--A person described in this
clause is a person who--
``(i) is older than 18 years of age;
``(ii) was born outside the United States
and was adopted by a parent who is a citizen of
the United States before the date on which the
person reached 18 years of age; and
``(iii) was described in subparagraph (E),
(F), or (G) of section 101(b)(1).
``(4) No liability for prior taxes.--An individual who
becomes a citizen of the United States pursuant to paragraph
(1) or (3) may not be liable for any taxes that the individual
would have paid to the United States as a citizen of the United
States before the date on which the individual becomes such a
citizen.''.
(b) Conforming Amendments.--
(1) Heading.--The heading of 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; conditions under which
citizenship is acquired''.
(2) Section 301 of the immigration and nationality act.--
Section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) is amended--
(A) in subsection (g), by striking ``and'' at the
end;
(B) in subsection (h), by striking the period at
the end, inserting a semicolon and ``and''; and
(C) by adding at the end the following:
``(i) a person deemed a citizen at birth pursuant to section
320(b).''.
(c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by striking the item relating to section
320 and inserting the following:
``Sec. 320. Children born outside the United States; conditions under
which citizenship acquired.''.
SEC. 3. NONIMMIGRANT STATUS FOR CHILDREN BROUGHT TO THE UNITED STATES
TO BE ADOPTED.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(W) an individual brought to the United States as
a child to be adopted by a citizen of the United
States.''.
SEC. 4. APPEAL OF NOTICE OF INTENT TO DENY AN ADOPTION.
(a) Requirement To Provide Opportunity To Appeal.--If the Secretary
of State determines that a covered individual is not eligible to be
adopted by a citizen or national of the United States on the basis that
the conditions described in subsection (c) are not met, the Secretary
shall provide--
(1) a notice of intent to deny the adoption of the child to
such citizen or national of the United States; and
(2) an opportunity for such citizen or national to appeal
the determination.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who--
(1) is younger than 18 years of age;
(2) was born in a foreign country; and
(3) is seeking to be adopted by a parent who is a citizen
or national of the United States.
(c) Conditions for Adoption.--The conditions described in this
subsection are met if--
(1) the covered individual's biological parents (or parent,
in the case of an individual who has 1 sole or surviving
parent) or other person or institution that retains legal
custody of the covered individual--
(A) have freely given their written irrevocable
consent to the termination of their legal relationship
with the individual, and to the individual's emigration
and adoption and that such consent has not been induced
by payment or compensation of any kind and has not been
given prior to the birth of the individual;
(B) are unable to provide proper care for the
individual, as determined by the competent authority in
the country of the individual's residence; or
(C) have voluntarily relinquished the individual to
the competent authorities pursuant to the law of the
country of the individual's residence; or
(2) the covered individual, as determined by the competent
authority in the country of the individual's residence--
(A) has been abandoned or deserted by the
individual's biological parents or legal guardian; or
(B) has been orphaned due to the death or
disappearance of the individual's biological parents or
legal guardian.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendment made by this Act, may be
construed to--
(1) abrogate any citizenship rights provided to an adoptee
by the adoptee's country of origin; or
(2) nullify the facts of the adoptee's birth history.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the government of each foreign
country from which children are adopted by citizens of the United
States should provide documentation of the adopted children's original
birth history to the adoptive family in accordance with the laws of
such country.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
Referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Foreign Affairs
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
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