S.Amdt. 1526
What it does: 2 changes: replaces text, inserts text
Sen. Amy Klobuchar (D-MN)What it changes
2 changes to S. 744
Change 1: Replaces “Section” with new text
Struck: Section
Inserted: (a) In General.--Section
Original wording
On page 1226, line 3, strike “Section” and insert the following:
Change 2: Inserts new text on page 1226, line 25
InsertsPrinted pageInserted: (b) Effect of Adoption Documentation.--
Inserted: (1) In general.--For purposes of all immigration laws of the United States, the 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)) shall not apply if the documentation submitted on behalf of a child includes--
Inserted: (A)(i) an adoption decree issued by a competent authority (as such term is used in the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at the Hague on May 29, 1993) of the child's sending country; and
Inserted: (ii) evidence that the adoption was granted in compliance with the Convention; or
Inserted: (B)(i) a custody or guardianship decree issued by a competent authority of the child's sending country to the adoptive parents;
Inserted: (ii) a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents; and
Inserted: (iii) evidence that the custody or guardianship was granted in compliance with the Convention.
Inserted: (2) Applicability.--
Inserted: (A) Substantial compliance with hague convention.--Paragraph (1) shall not apply unless--
Inserted: (i) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child's sending country, that country's adoption procedures complied with the requirements of the Convention, as determined by the U.S. Central Authority; and
Inserted: (ii) the competent authority of the child's country of origin certified the adoption in accordance with Article 23 of the Convention.
Inserted: (B) Convention adoptions.--Paragraph (1) shall only apply to Convention adoptions completed between 2 Convention countries other than the United States.
Original wording
On page 1226, after line 25, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1526. Ms. KLOBUCHAR (for herself, Mr. Coats, Ms. Landrieu, and Mr. Blunt) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 1226, line 3, strike “Section” and insert the following:
(a) In General.--Section
On page 1226, after line 25, add the following:
(b) Effect of Adoption Documentation.--
(1) In general.--For purposes of all immigration laws of the United States, the 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)) shall not apply if the documentation submitted on behalf of a child includes--
(A)(i) an adoption decree issued by a competent authority (as such term is used in the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at the Hague on May 29, 1993) of the child's sending country; and
(ii) evidence that the adoption was granted in compliance with the Convention; or
(B)(i) a custody or guardianship decree issued by a competent authority of the child's sending country to the adoptive parents;
(ii) a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents; and
(iii) evidence that the custody or guardianship was granted in compliance with the Convention.
(2) Applicability.--
(A) Substantial compliance with hague convention.--Paragraph (1) shall not apply unless--
(i) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child's sending country, that country's adoption procedures complied with the requirements of the Convention, as determined by the U.S. Central Authority; and
(ii) the competent authority of the child's country of origin certified the adoption in accordance with Article 23 of the Convention.
(B) Convention adoptions.--Paragraph (1) shall only apply to Convention adoptions completed between 2 Convention countries other than the United States.
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Senate amendment submitted
June 20, 2013