[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Reported in House (RH)]

                                                 Union Calendar No. 507
106th CONGRESS
  2d Session
                                H. R. 2883

                          [Report No. 106-852]

 To amend the Immigration and Nationality Act to confer United States 
  citizenship automatically and retroactively on certain foreign-born 
           children adopted by citizens of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1999

Mr. Smith of Texas (for himself, Mr. LaHood, Mr. Paul, Mr. Nethercutt, 
Mr. Kuykendall, and Mr. Shays) introduced the following bill; which was 
               referred to the Committee on the Judiciary

                           September 14, 2000

Additional sponsors: Mr. Bonior, Mr. Bliley, Mr. Campbell, Mr. Dickey, 
 Mr. Inslee, Mr. Ehlers, Mr. Blagojevich, Mr. Frank of Massachusetts, 
 Mrs. Bono, Mr. Nadler, Mr. Oxley, Mr. Saxton, Mr. Sabo, Mr. Smith of 
    New Jersey, Mr. Udall of New Mexico, Mr. Wamp, Mrs. Johnson of 
Connecticut, Mr. McCollum, Mr. McGovern, Mrs. Mink of Hawaii, Ms. Pryce 
    of Ohio, Mr. Shimkus, Mr. Evans, Ms. Woolsey, Mr. Pascrell, Mr. 
  Gallegly, Mr. Blumenauer, Mr. Meehan, Mrs. Tauscher, Mr. King, Mr. 
 Moran of Virginia, Mr. Owens, Mr. Hostettler, Mr. Ryun of Kansas, Mr. 
             Franks of New Jersey, and Mr. Deal of Georgia

                           September 14, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to confer United States 
  citizenship automatically and retroactively on certain foreign-born 
           children adopted by citizens of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Adopted Orphans Citizenship 
Act''.</DELETED>

<DELETED>SEC. 2. ACQUISITION OF UNITED STATES CITIZENSHIP BY CERTAIN 
              ADOPTED CHILDREN.</DELETED>

<DELETED>    (a) Amendments to the Immigration and Nationality Act.--
Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of subsection 
        (g);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subsection (h) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(i) an unmarried person, under the age of 18 
        years, born outside the United States and its outlying 
        possessions and thereafter adopted by at least one parent who 
        is a citizen of the United States and who has been physically 
        present in the United States or one of its outlying possessions 
        for a period or periods totaling not less than 5 years prior to 
        the adoption of the person, at least 2 of which were after 
        attaining the age of 14 years, if--</DELETED>
                <DELETED>    ``(1) the person is physically present in 
                the United States with the citizen parent, having 
                attained the status of an alien lawfully admitted for 
                permanent residence;</DELETED>
                <DELETED>    ``(2) the person satisfied the 
                requirements in subparagraph (E) or (F) of section 
                101(b)(1); and</DELETED>
                <DELETED>    ``(3) the person seeks documentation as a 
                United States citizen while under the age of 18 
                years.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to persons adopted before, on, or after the 
date of enactment of this Act.</DELETED>

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 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 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) 
and the item relating to section 321 in the table of sections are 
repealed.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 120 days after 
the date of the enactment of this Act.
            Amend the title so as to read: ``A bill to amend the 
        Immigration and Nationality Act to modify the provisions 
        governing acquisition of citizenship by children born outside 
        of the United States.''.




                                                 Union Calendar No. 507

106th CONGRESS

  2d Session

                               H. R. 2883

                          [Report No. 106-852]

_______________________________________________________________________

                                 A BILL

 To amend the Immigration and Nationality Act to confer United States 
  citizenship automatically and retroactively on certain foreign-born 
           children adopted by citizens of the United States.

_______________________________________________________________________

                           September 14, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed