text: 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.
target: 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.
feat_title: A bill to provide United States citizenship for children adopted from outside the United States, and for other purposes.