[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Senate]
[Pages 13697-13698]
[From the U.S. Government Publishing Office, www.gpo.gov]




               INTERNATIONAL ADOPTION SIMPLIFICATION ACT

  Mr. REID. I ask unanimous consent that we proceed to Calendar No. 
330.

[[Page 13698]]

  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 into 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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