[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[Senate]
[Page S6120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNATIONAL ADOPTION SIMPLIFICATION ACT
Mr. REID. I ask unanimous consent that we proceed to Calendar No.
330.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (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 to the United States.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on the Judiciary with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
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.
Mr. REID. I ask unanimous consent that the committee-reported
substitute be considered; that a Klobuchar amendment which is at the
desk be agreed to; the substitute amendment, as amended, be agreed to;
the bill, as amended, be read a third time and passed; the motions to
reconsider be laid upon the table, with no intervening action or
debate; and any statements relating to this matter be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4498) was agreed to, as follows:
(Purpose: In the nature of a substitute)
In lieu of the matter proposed to be inserted, insert the following:
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 Secretary of Homeland Security 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 Secretary of Homeland Security 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
Secretary of Homeland Security 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.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Exception.--An alien who is described in section
101(b)(1)(G)(iii) of the Immigration and Nationality Act, as
added by section 3, and attained 18 years of age on or after
April 1, 2008, shall be deemed to meet the age requirement
specified in subclause (III) of such section if a petition
for classification of the alien as an immediate relative
under section 201(b) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)) is filed not later than 2 years after the
date of the enactment of this Act.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill, as amended, was ordered to be engrossed for a third
reading, was read the third time, and passed.
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