Digest for H.R. 1464 Senate Amendments
113th Congress, 1st Session
H.R. 1464 Senate Amendments
Senate Amendments to H.R. 1464 - North Korean Refugee Adoption Act of 2011
Date January 1, 2013 (113th Congress, 1st Session)
Staff Contact Andy Koenig

On Tuesday, January 1, 2013, the House is scheduled to consider Senate Amendments to H.R. 1464, the North Korean Refugee Adoption Act of 2011, under a suspension of the rules requiring a two-thirds majority for approval. The bill was introduced on April 8, 2011, by Rep. Ed Royce (R-CA) and referred to the Committee on Foreign Affairs. The bill was originally approved in the House by voice vote on September 11, 2012, and was amended and approved in the Senate on December 28, 2012, by unanimous consent.

The Senate Amendments to H.R. 1464 would require the Secretary of State to designate a representative to regularly brief congressional committees in an unclassified setting on U.S. government efforts to advocate for “the best interests of North Korean children” including efforts to address “the adoption of such children living outside North Korea without parental care.”

Under the legislation, the Secretary’s designated representative would be required to brief appropriate committees on the following topics:

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 bill includes a sense of Congress stating that, “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 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. As passed by the House, H.R. 1464 would direct the Secretary of State (in consultation with the Secretary of Homeland Security) to develop a strategy to facilitate the adoption of orphaned North Korean refugee children by families in the United States.  Under the legislation, the Secretary would have to issue a report on the strategy within 180 days of enactment.

There is no Congressional Budget Office (CBO) cost estimate available.