[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