IB
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 chil-
dren 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 Massachu-
setts, 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. WOOL-
SEY, 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Adopted Orphans Citi-
zenship Act’’.
SEC. 2. ACQUISITION OF UNITED STATES CITIZENSHIP BY
CERTAIN ADOPTED CHILDREN.
(a) AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT.—Section 301 of the Immigration and
Nationality Act (8 U.S.C. 1401) is amended—
(1) by striking ‘‘and’’ at the end of subsection
(g);
(2) by striking the period at the end of sub-
section (h) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(i) an unmarried person, under the age of 18
years, born outside the United States and its out-
lying 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 pe-
riods 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—
‘‘(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;
‘‘(2) the person satisfied the requirements
in
subparagraph
(E)
or
(F)
of
section
101(b)(1); and
‘‘(3) the person seeks documentation as a
United States citizen while under the age of 18
years.’’.
(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.
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 naturaliza-
tion.
‘‘(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 resi-
dence.
‘‘(b) Subsection (a) shall apply to a child adopted by
a United States citizen parent if the child satisfies the re-
quirements 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 citizen-
ship automatically acquired.’’.
SEC. 3. ACQUISITION OF CERTIFICATE OF NATURALIZA-
TION FOR CERTAIN CHILDREN BORN OUT-
SIDE 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 NATU-
RALIZATION
‘‘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 total-
ing 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 sen-
tence 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 Gen-
eral 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 satis-
fies 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 ac-
quiring 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 out-
side 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 or-
dered to be printed