[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1464 Enrolled Bill (ENR)]
H.R.1464
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Child Welfare Act of
2012''.
SEC. 2. SENSE OF CONGRESS.
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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The 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) Hague country.--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) Non-hague country.--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.
SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH KOREAN CHILDREN.
(a) In General.--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) Contents.--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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.