S.Amdt. 329

1. Adds SEC. 2523. CONDITIONS ON ANY SUSPENSION OF IMMIGRATION PROCESSING OF ORPHANS at the end of title XXV

   Adds a section

   In S. 600 · Reported to Senate

   (b) Annual Update.--The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall update the report required by subsection (a) by January 31 each year and make such updates available to the public.

   Inserted: SEC. 2523. CONDITIONS ON ANY SUSPENSION OF IMMIGRATION PROCESSING OF ORPHANS.

   Inserted: (a) Requirements of Department of Homeland Security.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall submit written notification to the Senate and the House of Representatives on the day on which the processing of petitions for classification of nationals of a country as orphans is suspended. The notification shall set forth the following:

   Inserted: (1) Explanation.--Information, to the extent available, supporting the suspension, including the following:

   Inserted: (A) Failure to obtain birth parent consent.--Information indicating that in recent cases the consent of a birth parent to termination of parental rights or to the adoption was not obtained.

   Inserted: (B) Fraud, duress, or improper inducement.--Information indicating that in recent cases the consent of a birth parent to termination of parental rights or to the adoption was obtained as a result of fraud, duress, or improper inducement.

   Inserted: (C) Improper relinquishment.--Information indicating that in recent cases birth parents have relinquished their children in return for improper reward.

   Inserted: (D) Inadequate sending country adoption process.--Information indicating that the system utilized by the sending country for the arrangement of international adoptions of orphans who are nationals of the sending country is inadequate and, as a result, the processing of cases according to the requirements of the Immigration and Nationality Act is compromised.

   Inserted: (E) Department of state inability to process.--Information indicating that the system of the Department of State in that country for the processing of petitions for the classification of nationals of that sending country as orphans is insufficient, and as a result, the Department of State is unable to make an informed determination under section 101(b)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(F)).

   Inserted: (F) Inability to process.--Information indicating that the system of the United States Citizen and Immigration Services (referred to in this section as the "USCIS") in that country for the processing of petitions for the classification of nationals of that sending country as orphans is insufficient, and as a result, the USCIS is unable to make an informed determination under such section 101(b)(1)(F).

   Inserted: (G) Combination of conditions.--Information indicating the existence of a combination of the conditions listed in subparagraphs (A) through (F), such that the Department of State or the USCIS is unable to make an informed determination under such section 101(b)(1)(F).

   Inserted: (H) Other conditions.--Information indicating such other conditions that justify a suspension of orphan processing, as appropriate.

   Inserted: (2) Summary of prior action.--A summary of recent actions taken in the sending country and information regarding previous efforts to address conditions articulated in paragraph (1).

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   Inserted: (3) Plan.--A plan that includes--

   Inserted: (A) ways to remedy the circumstance or circumstances described in paragraph (1) justifying the suspension;

   Inserted: (B) a process to notify United States citizens who might be affected by the suspension;

   Inserted: (C) a way to process families awaiting completion of processing as of the date that the suspension is issued; and

   Inserted: (D) a good faith estimate of the time needed to remedy the circumstance or circumstances described in paragraph (1), which recognizes and addresses the degree to which resolution of circumstance or circumstances described in paragraph (1) depend upon the cooperation of the sending country.

   Inserted: (b) Exemptions From Suspension.--The Secretary of Homeland Security shall give consideration to exempting from the suspension those adoptions involving extraordinary humanitarian concerns in accordance with section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)).

   Inserted: (c) Periodic Congressional Notification.--Not later than 180 days after a suspension takes effect after the date of enactment of this Act, and every 180 days until the suspension is terminated, the Secretary of Homeland Security shall submit a written report to Congress indicating--

   Inserted: (1) that the circumstances justifying the suspension still exist; and

   Inserted: (2) what actions have been taken, since the date of notification under subsection (a) or (f), to remedy the circumstances justifying the suspension.

   Inserted: (d) Transition Provision.--Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress, for each country for which a suspension is in effect on the date of enactment of this Act, a report containing a summary of the evidence, plan, and estimate described in subsection (a).

   Inserted: (e) Statutory Construction.--Nothing in this section shall be construed to require the inclusion of information that--

   Inserted: (1) reasonably could be expected to adversely affect or compromise a civil or criminal enforcement proceeding or investigation; or

   Inserted: (2) would disclose techniques and procedures for law enforcement investigations or prosecutions.

   Inserted: (f) Requirements of the Department of State.--The Secretary of State, or any other official of the Department of State, may not urge a foreign government to suspend the processing of international adoptions by United States citizens unless the Secretary of State provides written notification of such action to the Senate and the House of Representatives on the day such action is taken.

   Inserted: (g) Definitions.--In this section:

   Inserted: (1) Orphan.--The term "orphan" means a child described in subparagraph (F) or (G) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)).

   Inserted: (2) Sending country.--The term "sending country" means the country with legal authority to process the adoption of the child in question.

   Inserted: (3) Suspension.--The term "suspension" means, with respect to a country, the decision by the Attorney General to suspend the processing of petitions for classification of orphans who are natives of that country.

   Original wording

   At the end of title XXV, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed