[House Report 106-383]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-383
======================================================================
AMENDING THE IMMIGRATION AND NATIONALITY ACT TO PROVIDE THAT AN ADOPTED
ALIEN WHO IS LESS THAN 18 YEARS OF AGE MAY BE CONSIDERED A CHILD
UNDER SUCH ACT IF ADOPTED WITH OR AFTER A SIBLING WHO IS A CHILD
UNDER SUCH ACT
_______
October 14, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2886]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2886) amending the Immigration and Nationality Act
to provide that an adopted alien who is less than 18 years of
age may be considered a child under such act if adopted with or
after a sibling who is a child under such Act, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 2
Background and Need for the Legislation.................... 2
Hearings................................................... 2
Committee Consideration.................................... 2
Committee Oversight Findings............................... 3
Committee on Government Reform Findings.................... 3
New Budget Authority and Tax Expenditures.................. 3
Congressional Budget Office Cost Estimate.................. 3
Constitutional Authority Statement......................... 4
Section-by-Section Analysis and Discussion................. 4
Changes in Existing Law Made by the Bill, as Reported...... 4
Purpose and Summary
H.R. 2886 would allow an alien child age 16 or 17 to
qualify as an immediate relative child if the U.S. citizen
adoptive parents have also adopted a sibling of that child who
is under the age of 16.
Background and Need for the Legislation
Currently, Immigration and Nationality Act (INA), sections
101 (b)(1) (E)-(F) permit a foreign-born child who meets the
INA definition of orphan and who has been adopted by a United
States citizen parent to be classified as an immediate relative
child for purposes of immigration to the United States. To
qualify, the child must be under the age of 16 at the time the
adoptive U.S. citizen parent files an immigrant visa petition
on the child's behalf.
Since most parents prefer to adopt infants or very young
children, older children constitute a relatively small portion
of the adoptive children admitted as immigrants. (According to
the Immigration and Naturalization Service, out of a total
11,316 immigrant orphans admitted in Fiscal Year 1996, only 351
were age 10 or older.) However in cases involving siblings,
adoptive parents frequently wish to adopt the older child
(children) in order to keep a family group intact. If the
oldest sibling happens to be 16 or 17, there is no way to for
that child to immigrate to the U.S. under current law.
A typical case would likely involve a group of siblings,
one of whom is age 16 or 17, who have been orphaned. A U.S.
citizen family is willing to adopt all of the siblings in order
to keep them together, but the oldest child cannot immigrate to
the United States. The result will be either separation of
older child from the sibling group or, in cases where foreign
adoption authorities will not permit the separation of
siblings, the U.S. citizen loses the opportunity to adopt any
of the siblings.
H.R. 2886 would further the goal of maintaining family
unity in the relatively small number of cases involving the
adoption of siblings, one of whom is age 16 or 17 at the time
the adoptive parents file immigrant visa petitions on the
children's behalf. It would allow an alien child age 16 or 17
to qualify as immediate relative child if the U.S. citizen
adoptive parents also have adopted a sibling of that alien who
is under the age of 16. Aliens who are immediate relative
children of United States citizens can be admitted to the U.S.
as permanent residents without numerical limitation.
Hearings
No hearings were held on H.R. 2886.
Committee Consideration
On September 30, 1999, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 2886 by a voice vote, a quorum being present. On
October 5, 1999, the committee met in open session and ordered
favorably reported the bill H.R. 2886 without amendment by
voice vote, a quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill, H.R. 2886, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 13, 1999.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2886, a bill to
amend the Immigration and Nationality Act to provide that an
adopted alien who is less than 18 years of age may be
considered a child under such act if adopted with or after a
sibling who is a child under such act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz (for immigration and naturalization service costs),
who can be reached at 226-2860, Valerie Baxter (for effects on
entitlement programs), who can be reached at 226-2820, and Lisa
Cash Driskill (for the state and local impact), who can be
reached at 225-3220.
Sincerely,
Dan L. Crippen, Director.
H.R. 2886--A bill to amend the Immigration and Nationality Act to
provide that an adopted alien who is less than 18 years of age
may be considered a child under such act if adopted with or
after a sibling who is a child under such act.
CBO estimates that enacting H.R. 2886 would have a
negligible impact on the federal budget. Because the bill would
affect direct spending, pay-as-you-go procedures would apply.
However, we estimate that the additional spending from enacting
this bill would be less than $500,000 a year. This legislation
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act, but it could
result in a very small increase in the state share of benefits
paid under certain federal entitlement programs.
Under current law, U.S. citizens who adopt foreign-born
children and who wish to live in the United States may file
petitions for immigrant visas for these children if they are
under the age of 16. H.R. 2886 would provide that any siblings
of these children, who are under the age of 18, would also be
eligible for a visa if the older child is adopted by the same
family. Enacting the bill would increase the amount of visa
fees collected by the Immigration and Naturalization Service
(INS), but we expect only a few hundred children to be affected
each year. The INS could spend the fees mostly in the year that
they were collected, so enacting H.R. 2886 would result in a
negligible net impact on INS spending.
In addition, CBO estimates that enacting the bill would
have an insignificant effect on benefits paid under certain
federal entitlement programs. H.R. 2886 would increase the
number of children admitted to the United States through
adoption, and some of these children could become eligible for
certain means-tested benefits.
The CBO staff contacts are Mark Grabowicz (for INS costs),
Valerie Baxter (for effects on entitlement programs), and Lisa
Cash Driskill (for the state and local impact). This estimate
was approved by Peter H. Fontaine, Deputy Assistant Director
for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the committee finds the authority for
this legislation in Article I, section 8, clause 4 of the
Constitution.
Section-by-Section Analysis and Discussion
The bill contains only one section
Section 1.(a) In General
Section 1 (a) amends the section 101(b)(1) of the
Immigration and Nationality Act to include in the definition of
``child'' under subsections (E) and (F) an adopted child under
the age of 18 if he or she is a natural sibling of a child who
is under age 16 when both children are adopted by the same
parent (or prospective adoptive parent) or parents.
Section 1.(b) Conforming Amendments
Section 1 (b) amends sections 101(c)(1) and 322(a) of the
Immigration and Nationality Act to conform with the changes
made in Section 1(a).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
definitions
Section 101. (a) * * *
* * * * * * *
(b) As used in titles I and II--
(1) The term ``child'' means an unmarried person under
twenty-one years of age who is--
(A) * * *
* * * * * * *
(E)(i) a child adopted while under the age of
sixteen years if the child has been in the legal
custody of, and has resided with, the adopting parent
or parents for at least two years: Provided, That no
natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded
any right, privilege, or status under this Act; or
(ii) subject to the same proviso as in clause (i),
a child who (I) is a natural sibling of a child
described in clause (i) or subparagraph (F)(i); (II)
was adopted by the adoptive parent or parents of the
sibling described in such clause or subparagraph; and
(III) is otherwise described in clause (i), except that
the child was adopted while under the age of eighteen
years; or
(F)(i) a child, under the age of sixteen at the
time a petition is filed in his behalf to accord a
classification as an immediate relative under section
201(b), who is an orphan because of the death or
disappearance of, abandonment or desertion by, or
separation or loss from, both parents, or for whom the
sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the
child for emigration and adoption; who has been adopted
abroad by a United States citizen and spouse jointly,
or by an unmarried United States citizen at least
twenty-five years of age, who personally saw and
observed the child prior to or during the adoption
proceedings; or who is coming to the United States for
adoption by a United States citizen and spouse jointly,
or by an unmarried United States citizen at least
twenty-five years of age, who have or has complied with
the preadoption requirements, if any, of the child's
proposed residence: Provided, That the Attorney General
is satisfied that proper care will be furnished the
child if admitted to the United States: Provided
further, That no natural parent or prior adoptive
parent of any such child shall thereafter, by virtue of
such parentage, be accorded any right, privilege, or
status under this Act[.]; or
(ii) subject to the same provisos as in clause (i),
a child who (I) is a natural sibling of a child
described in clause (i) or subparagraph (E)(i); (II)
has been adopted abroad, or is coming to the United
States for adoption, by the adoptive parent (or
prospective adoptive parent) or parents of the sibling
described in such clause or subparagraph; and (III) is
otherwise described in clause (i), except that the
child is under the age of eighteen at the time a
petition is filed in his or her behalf to accord a
classification as an immediate relative under section
201(b).
* * * * * * *
(c) As used in title III--
(1) The term ``child'' means an unmarried person under
twenty-one years of age and includes a child legitimated under
the law of the child's residence or domicile, or under the law
of the father's residence or domicile, whether in the United
States or elsewhere, and, except as otherwise provided in
sections 320 and 321 of title III, a child adopted in the
United States, if such legitimation or adoption takes place
before the child reaches the age of [sixteen years,] sixteen
years (except to the extent that the child is described in
subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the
child is in the legal custody of the legitimating or adopting
parent or parents at the time of such legitimation or adoption.
* * * * * * *
TITLE III--NATIONALITY AND NATURALIZATION
* * * * * * *
child born outside the united states; application for certificate of
citizenship requirements
Sec. 322. (a) A parent who is a citizen of the United
States may apply to the Attorney General for a certificate of
citizenship on behalf of a child born outside the United
States. The Attorney General shall issue such a certificate of
citizenship upon proof to the satisfaction of the Attorney
General that the following conditions have been fulfilled:
(1) * * *
* * * * * * *
(4) If the citizen parent is an adoptive parent of
the child, the child was adopted by the citizen parent
before the child reached the age of [16 years] 16 years
(except to the extent that the child is described in
clause (ii) of subparagraph (E) or (F) of section
101(b)(1)) and the child meets the requirements for
being a child under [subparagraph (E) or (F) of section
101(b)(1).] either of such subparagraphs.
* * * * * * *