[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Reported in Senate (RS)]

                                                       Calendar No. 330
111th CONGRESS
  2d Session
                                S. 1376

To restore immunization and sibling age exemptions for children adopted 
 by United States citizens under the Hague Convention on Intercountry 
       Adoption to allow their admission into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2009

Ms. Klobuchar (for herself, Ms. Landrieu, Mr. Inhofe, Mr. Feingold, Mr. 
Durbin, Mr. Leahy, and Mr. Lugar) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

               March 22 (legislative day, March 19), 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To restore immunization and sibling age exemptions for children adopted 
 by United States citizens under the Hague Convention on Intercountry 
       Adoption to allow their admission into 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. EXEMPTION FROM VACCINATION DOCUMENTATION 
              REQUIREMENT.</DELETED>

<DELETED>    Section 212(a)(1)(C)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by striking 
``section 101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of 
section 101(b)(1);''.</DELETED>

<DELETED>SEC. 2. SIBLING ADOPTIONS.</DELETED>

<DELETED>    Section 101(b)(1)(G) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(1)(G)) is amended--</DELETED>
        <DELETED>    (1) in clause (i), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in clause (ii), by striking the period at the 
        end and inserting ``and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(iii) subject to the same provisos as in 
                clause (i), if the child--</DELETED>
                        <DELETED>    ``(I) is a natural sibling of a 
                        child described in clause (i), subparagraph 
                        (E)(i), or subparagraph (F)(i);</DELETED>
                        <DELETED>    ``(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 
                        clause (i), subparagraph (E)(i), or 
                        subparagraph (F)(i); and</DELETED>
                        <DELETED>    ``(III) is otherwise described in 
                        clause (i), except that the child is younger 
                        than 18 years of age at the time a petition is 
                        filed on his or her behalf for classification 
                        as an immediate relative under section 
                        201(b).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as ``International Adoption Simplification 
Act''.

SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIREMENT.

    Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section 
101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section 
101(b)(1);''.

SEC. 3. SIBLING ADOPTIONS.

    Section 101(b)(1)(G) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)(G)) is amended to read as follows:
                    ``(G)(i) a child, younger than 16 years of age at 
                the time a petition is filed on the child's behalf to 
                accord a classification as an immediate relative under 
                section 201(b), who has been adopted in a foreign state 
                that is a party to the Convention on Protection of 
                Children and Co-operation in Respect of Intercountry 
                Adoption done at The Hague on May 29, 1993, or who is 
                emigrating from such a foreign state to be adopted in 
                the United States by a United States citizen and spouse 
                jointly or by an unmarried United States citizen who is 
                at least 25 years of age, Provided, That--
                            ``(I) the Attorney General is satisfied 
                        that proper care will be furnished the child if 
                        admitted to the United States;
                            ``(II) the child's natural parents (or 
                        parent, in the case of a child who has one sole 
                        or surviving parent because of the death or 
                        disappearance of, abandonment or desertion by, 
                        the other parent), or other persons or 
                        institutions that retain legal custody of the 
                        child, have freely given their written 
                        irrevocable consent to the termination of their 
                        legal relationship with the child, and to the 
                        child's emigration and adoption;
                            ``(III) in the case of a child having two 
                        living natural parents, the natural parents are 
                        incapable of providing proper care for the 
                        child;
                            ``(IV) the Attorney General is satisfied 
                        that the purpose of the adoption is to form a 
                        bona fide parent-child relationship, and the 
                        parent-child relationship of the child and the 
                        natural parents has been terminated (and in 
                        carrying out both obligations under this 
                        subclause the Attorney General may consider 
                        whether there is a petition pending to confer 
                        immigrant status on one or both of such natural 
                        parents); and
                            ``(V) in the case of a child who has not 
                        been adopted--
                                    ``(aa) the competent authority of 
                                the foreign state has approved the 
                                child's emigration to the United States 
                                for the purpose of adoption by the 
                                prospective adoptive parent or parents; 
                                and
                                    ``(bb) the prospective adoptive 
                                parent or parents has or have complied 
                                with any pre-adoption requirements of 
                                the child's proposed residence; and
                    ``(ii) except 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 chapter; or
                    ``(iii) subject to the same provisos as in clauses 
                (i) and (ii), a child who--
                            ``(I) is a natural sibling of a child 
                        described in clause (i), subparagraph (E)(i), 
                        or subparagraph (F)(i);
                            ``(II) was 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 clause (i), 
                        subparagraph (E)(i), or subparagraph (F)(i); 
                        and
                            ``(III) is otherwise described in clause 
                        (i), except that the child is younger than 18 
                        years of age at the time a petition is filed on 
                        his or her behalf for classification as an 
                        immediate relative under section 201(b).''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as if enacted on 
April 1, 2008.
                                                       Calendar No. 330

111th CONGRESS

  2d Session

                                S. 1376

_______________________________________________________________________

                                 A BILL

To restore immunization and sibling age exemptions for children adopted 
 by United States citizens under the Hague Convention on Intercountry 
       Adoption to allow their admission into the United States.

_______________________________________________________________________

               March 22 (legislative day, March 19), 2010

                       Reported with an amendment