S. 416: North Korean Refugee Adoption Act of 2011


Status
This bill was enacted after being signed by the President on January 14, 2013.

Full title:
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.

Summary:
North Korean Refugee Adoption Act of 2012 - Directs the Secretary of State to designate a representative to regularly brief Congress on U.S. efforts to advocate for the best interests of North Korean children and children of one North Korean parent, including efforts to address the adoption of such children living outside North Korea without parental care.

Directs such designee to address the Department of State's:
  1. analysis 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 (such North Korean children);
  2. efforts to advocate for the best interest of such North Korean children, including family reunification efforts and the adoption of North Korean children living outside North Korea and children of one North Korean parent living outside North Korea;
  3. efforts to address challenges that U.S. citizens would encounter in attempting to adopt such North Korean children, including efforts to overcome the complexities involved in best interest determinations and adoption processing of those who habitually reside in a Hague country or a non-Hague country;
  4. 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; and
  5. efforts to work with the Republic of Korea to establish pilot programs that 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.

Text:

S 416 IS

112th CONGRESS

1st Session

S. 416

To develop a strategy for assisting stateless children from North Korea, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 28, 2011

Mr. BURR (for himself and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To develop a strategy for assisting stateless children from North Korea, and for other purposes.

    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 Refugee Adoption Act of 2011’.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--

      (1) thousands of North Korean children do not have families and are threatened with starvation and disease if they remain in North Korea or as stateless refugees in surrounding countries;

      (2) thousands of United States citizens would welcome the opportunity to adopt North Korean orphans living outside North Korea as de jure or de facto stateless refugees; and

      (3) the Secretary of State and the Secretary of Homeland Security should make every effort to facilitate the immediate care, family reunification, and, if necessary and appropriate, the adoption of any eligible North Korean children living outside North Korea as de jure or de facto stateless refugees.

SEC. 3. DEFINITIONS.

    In this Act:

      (1) FOREIGN-SENDING COUNTRY- The term ‘foreign-sending country’--

        (A) means--

          (i) the country of the orphan’s citizenship; or

          (ii) if the orphan is not permanently residing in the country of citizenship, the country of the orphan’s habitual residence; and

        (B) excludes any country to which the orphan--

          (i) travels temporarily; or

          (ii) travels as a prelude to, or in conjunction with, his or her adoption or immigration to the United States.

      (2) HAGUE COUNTRY- The term ‘Hague countries’ means a country that is a signatory of the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.

      (3) NON-HAGUE COUNTRY- The term ‘non-Hague country’ means a country that is not a signatory of the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.

SEC. 4. STRATEGY ON ADOPTION OF NORTH KOREAN CHILDREN BY UNITED STATES CITIZENS.

    (a) In General- The Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services, shall develop a comprehensive strategy for facilitating the adoption of North Korean children by United States citizens.

    (b) Considerations- In developing the strategy under this section, the Secretary shall--

      (1) consider the challenges that United States citizens would encounter in attempting to adopt children from North Korea who are currently living in Hague countries and non-Hague countries regardless of their legal status in such countries;

      (2) propose solutions to dealing with the situation in which a North Korean refugee child does not have access to a competent authority in the foreign-sending country;

      (3) propose solutions to dealing with North Korean refugee children who are not considered habitual residents of the countries in which they are located;

      (4) evaluate alternative mechanisms for foreign-sending countries to prove that North Korean refugee children are orphans when documentation, such as birth certificates, death certificates of birth parents, and orphanage documentation, is missing or destroyed;

      (5) provide suggestions for working with South Korea to establish pilot programs that identify, provide for the immediate care of, assist in the family reunification of, and assist in the international adoption of, orphaned North Korean children living within South Korea;

      (6) provide suggestions for working with aid organizations in Asia to identify and establish pilot programs for the identification, immediate care, family reunification, and international adoption of North Korean orphans living outside North Korea as de jure or de facto stateless refugees;

      (7) identify other nations in which large numbers of stateless, orphaned children are living who might be helped by international adoption; and

      (8) propose solutions for assisting orphaned children with Chinese fathers and North Korean mothers who are living in China and have no access to Chinese or North Korean resources.

    (c) Reporting Requirement- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a written report to Congress that contains the details of the strategy developed under this section.

Founded: 2011-02-28
Related persons
People working for or related to this organization
Personsort iconPositionCountryFromTo
Barbara MikulskiCosponsor2011-01-26
Mary LandrieuCosponsor2011-01-26
Richard BurrSponsor of2011-02-28
Related organisations (to)
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S. 416: North Korean Refugee Adoption Act of 2011Same asH.R. 1464: North Korean Refugee Adoption Act of 2011
Documents
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DocumentDatesort icon
Baby Scooping "Stateless" Children2012-09-21
The Fiction of the North Korean Refugee Orphan2012-09-19
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