[Congressional Record (Bound Edition), Volume 158 (2012), Part 13]
[Senate]
[Page 18339]
[From the U.S. Government Publishing Office, www.gpo.gov]




             ASSISTING STATELESS CHILDREN FROM NORTH KOREA

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Foreign Relations be discharged from further consideration of H.R. 
1464 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1464) to develop a strategy for assisting 
     stateless children from North Korea, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. REID. Mr. President, I further ask unanimous consent that the 
Burr substitute amendment, which is at the desk, be agreed to; the 
bill, as amended, be read a third time and passed; that the title 
amendment, which is at the desk, be agreed to; that the motions to 
reconsider be considered made and laid upon the table and any 
statements relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3442) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     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.

  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 1464), as amended, was passed.
  The amendment (No. 3443) was agreed to, as follows:

                     (Purpose: To amend the title)

       Amend the title so as to read: ``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.''.

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