112th CONGRESS
2d Session
H.R. 1464
In the Senate of the United
States,
December 28, 2012.
Amendments:
That the bill from the House of Representatives
(H.R. 1464) entitled An Act to develop a strategy for assisting
stateless children from North Korea, and for other purposes.
, do pass
with the following
Strike all after
the enacting clause and insert the
following:
1.This Act may be cited as the
North Korean Child Welfare Act of
2012
.
2.It is the sense of
Congress that—
(1)hundreds of
thousands of North Korean children suffer from malnutrition in North Korea, and
North Korean children or children of one North Korean parent who are living
outside of North Korea may face statelessness in neighboring countries;
and
(2)the
Secretary of State should advocate for the best interests of these children,
including, when possible, facilitating immediate protection for those living
outside North Korea through family reunification or, if appropriate and
eligible in individual cases, domestic or international adoption.
3.In this Act:
(1)Appropriate
congressional committeesThe term appropriate congressional
committees means the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives.
(2)The term Hague country means a country where
the Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption, done at The Hague May 29, 1993, has entered into force
and is fully implemented.
(3)The term non-Hague country means a country
where the Convention on Protection of Children and Cooperation in Respect of
Intercountry Adoption, done at The Hague May 29, 1993, has not entered into
force.
4.Briefings on the
welfare of north korean children
(a)The Secretary of State shall designate a representative
to regularly brief the appropriate congressional committees in an unclassified
setting on United States Government efforts to advocate for the best interests
of North Korean children and children of one North Korean parent, including
efforts to address, when appropriate, the adoption of such children living
outside North Korea without parental care.
(b)The
Secretary’s designee shall be prepared to address in each briefing the
following topics:
(1)The
analysis of the Department of State of the challenges facing North Korean
children residing outside North Korea and challenges facing children of one
North Korean parent in other countries who are fleeing persecution or are
living as de jure or de facto stateless persons.
(2)Department of
State efforts to advocate for the best interest of North Korean children
residing outside North Korea or children of one North Korean parent living in
other countries who are fleeing persecution or are living as de jure or de
facto stateless persons, including, when possible, efforts to address the
immediate care and family reunification of these children, and, in individual
cases where appropriate, the adoption of eligible North Korean children living
outside North Korea and children of one North Korean parent living outside
North Korea.
(3)Department of
State efforts to develop a comprehensive strategy to address challenges that
United States citizens would encounter in attempting to adopt, via intercountry
adoption, North Korean-origin children residing in other countries or children
of one North Korean parent residing outside North Korea who are fleeing
persecution or are living as de jure or de facto stateless persons, including
efforts to overcome the complexities involved in determining jurisdiction for
best interest determinations and adoption processing, if appropriate, of those
who habitually reside in a Hague country or a non-Hague country.
(4)Department of
State diplomatic efforts to encourage countries in which North Korean children
or children of one North Korean parent are fleeing persecution or reside as de
jure or de facto stateless persons to resolve issues of statelessness of North
Koreans residing in that country.
(5)Department of
State efforts to work with the Government of the Republic of Korea to establish
pilot programs that identify, provide for the immediate care of, and assist in
the family reunification of North Korean children and children of one North
Korean parent living within South Korea and other countries who are fleeing
persecution or are living as de jure or de facto stateless persons.
Amend the title so as to read: An Act to
express the sense of Congress regarding North Korean children and children of
one North Korean parent and to require the Department of State regularly to
brief appropriate congressional committees on efforts to advocate for and
develop a strategy to provide assistance in the best interest of these
children.
.
Secretary