SB 416: North Korean Refugee Adoption Act of 2011 & HR 1464 UPDATED

By on 3-10-2011 in China, Korea, North Korea, US Adoption Legislation

SB 416: North Korean Refugee Adoption Act of 2011 & HR 1464 UPDATED

Easter has arrived early in DC. Senator Richard Burr (R-NC) has resurrected the dead HR 4986 and SB 3156  into a new bill on February 28, 2011. It is no surprise that Senator Mary Landrieu (D-LA) is the co-sponsor. Senator Landrieu is the chair of the advisory board  of the Congressional Coalition on Adoption Institute (CCAI).

The Bill has been forwarded to the Senate Foreign Relations Commitee. That committee includes Senator Ben Cardin (D-MD), Senator Jim DeMint (R-SC), and Senator James Inhofe (R-OK) all of whom ALSO sit on the CCAI Board . SB3156 was introduced in 2010 by CCAI Board member Senator Sam Brownback (R-KS).

One of the reasons for the Bill is due to the adoptive parent demand kind-hearted Americans: “(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.”

This bill seeks to compel the following to commit their resources to this issue: “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.”

The bill wants to forget about smoothe over those pesky paper trails “(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.”

The bill wants to extricate those living in South Korea “(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.”

The bill wants to grant adoption agencies the US to go on a mining expedition to find identify other stateless children in other countries “(7) identify other nations in which large numbers of stateless, orphaned children are living who might be helped by international adoption;” Gee, I wonder who would want a piece of that action?

And here is an interesting one: “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.”

The full text of the bill can be found here.

The Korea Herald explains that “[h[undreds of thousands of North Korean refugees are believed to be hiding in China, fleeing poverty in their reclusive communist homeland, with some of them successfully smuggled into South Korea.

In the process, tens of thousands of North Korean children are said to be adrift in China without being attended to by their parents.

South Korea has received more than 20,000 North Korean defectors since the end of the 1950-1953 Korean War. The U.S. has taken in about 100 North Korean refugees since the North Korean Human Rights Act of 2004.

Despite international criticism, China repatriates North Korean refugees under a secret agreement with North Korea, categorizing the defectors as economic immigrants rather than refugees despite fears they may be persecuted or even executed back home.”

Congressmen submit bill to help Americans adopt N.K. orphans
[The Korea Herald 3/10/11]

Update: The House version HR 1464 was passed on September 12, 2012.  What does malnutrition have to do with adoption and why is an international economic group cheerleading this effort?

“The U.S. House of Representatives has passed a bill aimed at streamlining procedures for American families wanting to adopt North Korean orphans, termed as “some of the world’s most endangered children.”

The North Korean Refugee Adoption Act, adopted on Tuesday, directs U.S. Secretary of State Hillary Clinton, in consultation with the Secretary of Homeland Security, to develop a strategy to “facilitate the adoption of North Korean refugee children” by families in the U.S.

The legislation also requires that the State Department issue a report to Congress on that strategy within 180 days of its enactment.

Ileana Ros-Lehtinen, the Republican Chairman of the House Committee on Foreign Affairs, said that while many North Koreans face extreme repression, malnutrition, and poverty, those threats often take the greatest toll on the country’s children.

Thousands of North Koreans facing starvation and disease have fled the country and now live as refugees in China, Mongolia, Thailand and other Southeast Asia nations where they remain susceptible to human trafficking and are at risk of being repatriated and facing persecution.

“Imagine what happens when a child’s natural protectors—parents—are no longer in the picture. And imagine what happens when that child is born or orphaned inside China where the child lacks legal status, or dependable access to social services,” she said.

“Malnutrition, abuse, exploitation, lack of education—these are the horrors that are faced by orphans of North Korean origin who are effectively stateless and without protection.”

She went on to say that the U.S. is home to the largest Korean ethnic population outside of Northeast Asia and that many of the nearly two million Americans of Korean descent have family ties to North Korea.

“Numerous American families would like to provide caring homes to these stateless North Korean orphans,” she said.

The legislation “is a responsible first step towards making that possible.”

It was co-sponsored by Republican Representative Ed Royce and Democratic lawmaker Howard Berman. A similar bill is being considered by a Senate panel.

‘At great risk’

Ros-Lehtinen said that the bill would require the State Department to “take a broad look” at the diplomatic and documentation challenges facing American families who seek to adopt the refugee orphans.

“Doing the right thing is not always easy. I especially want to applaud those adoptive parents—both past and future—who invest their own lives and homes to provide loving families for some of the world’s most endangered children,” she said.

Berman, the top Democrat on the House Foreign Affairs Committee, said the U.S. has a moral obligation to help North Koreans suffering rights abuses.

“As innocent men, women, and children flee the repressive North Korean regime at great personal risk, we have a moral obligation to assist them,” he said.

“This bill, H.R. 1464, is not merely about adoption, but also an issue of human rights for the North Korean people.” [No, it actually is JUST about adoption and separation of children from their mothers! WHY WHY WHY is humanitarian aid not being offered here?]

The State Department’s most recent annual report on human trafficking kept North Korea at the lowest ranking of all nations, citing estimates that as many of 70 percent of the thousands of undocumented North Korean refugees in China are females, many of whom are trafficking victims.

Most commonly, women and girls from one of North Korea’s poorest border areas cross into China and are then sold and re-sold as “brides.”

Aid workers estimate that there are some 2,000 “defector orphans” in China, with a possible total of 30,000 North Korean defectors living in hiding, mostly driven over the border to look for food and work.

“Stateless orphans,” on the other hand, are born out of relationships between North Korean women and Chinese men, with their mothers subsequently deported to North Korea.

“Stateless orphans” are currently believed to number 10,000-20,000, and are unable to get an education because they lack official Chinese papers. Late registration of children without papers costs 5,000 yuan (U.S. $790), around three times the monthly salary of the average Chinese person, aid workers said.”

House Passes Adoption Bill

[Radio Free Asia 9/12/12 by Joshua Lipes]

Alex Melton of Peterson Institute of International Economics  was promoting this cause in July 2012 according to Open Congress blog tab. The actual links on Open Congress are now broken, so I decided to take a look at who is in this organization.

Influential people from all over the globe are on the Board Of Directors including a few from China:

Ronnie C. Chan
Chairman, Hang Lung Properties Limited.

Ronnie was associated with ENRON. I am not kidding. See  http://www.apfn.org/ENRON/chan.htm

Chen Yuan
Governor, China Development Bank; former Deputy Governor, Peoples Bank of China

Read about him here: http://www.africa-confidential.com/whos-who-profile/id/3303/

A Korean organization called The Korean American Coalition formed Topple Hunger in North Korea (T.H.I.N.K.) and has been championing this effort as well.

Their website quotes some statistics: “Important Stats
• 60% of North Korean children experience malnutrition which can lead to illness, stunting growth, or death.
• 37% of North Korean children are in need of food aid, chronically malnourished or have stunted growth.
• 23% of North Korean children are severely underweight, while many lose their lives from malnutrition.
• 20% of North Korean children suffer illness from malnutrition like diarrhea or respiratory infection.”

Again, WHAT DOES THIS HAVE TO DO WITH INTERNATIONAL ADOPTION???!!!Instead of condemning China for deporting the women, the US is lining up to line their pockets. They should call this the Screw Refugee Mothers and Line the Pockets of US Adoption Industry Bill and be honest about it.

I guess China can add this fabulous nonHague-following program to their nonHague-following Special Focus one.

Yay! More Babies for Sale!

REFORM Puzzle Pieces

Update 2: Christine Hong of 38 North.com  gives an excellent anaylsis of this fraudulent bill that is “for the children”

See it here The Fiction of the North Korean Refugee Orphan and pasted below:

“Recently fast-tracked to the House floor, HR 1464 (“The North Korean Refugee Adoption Act of 2011”) has passed the House.[i] Exploiting the rhetoric of humanitarian rescue, the bill identifies North Korean hunger as the problem and proposes U.S. adoption of North Korean children as the solution, making the figure of the hungry North Korean orphan a matter of U.S. legislative concern. Yet this bill recklessly turns on the fiction of the “North Korean refugee orphan,” construing the latter as a child without nationality, in order to authorize the acceleration of U.S. adoption procedures through “alternative mechanisms.” Although the bill purports to help “thousands of North Korean children [who] do not have families and are threatened with starvation and disease if they remain in North Korea or as stateless refugees in surrounding countries,”[ii]  its truth can be found in its preamble, which supposes that “thousands of United States citizens would welcome the opportunity to adopt North Korean orphans living outside North Korea.” Suturing its loose definitional categories together, this legislation seeks to establish, as a precedent, the category of “statelessness” as a flexible definitional vehicle by way of which inter-country adoption can be expedited and international laws meant to safeguard the rights of children and families circumvented. Aimed not at resolving North Korean hunger, much less the well-being of the children whom it willfully misrepresents, this bill lays the task of “identify[ing] other nations in which large numbers of stateless, orphaned children are living who might be helped by international adoption” at the doorstep of the State Department.

Cannily leveraged by its advocates, the affective appeal of the figure of the “North Korean refugee orphan” has enabled this bill to gain political traction. In a YouTube PSA for Topple Hunger in North Korea (THiNK), a public outreach initiative of the Korean American Coalition (KAC) aimed at mobilizing constituent endorsement of the bill, Sandra Oh, of Grey’s Anatomy fame, delivers a message stark in its apparent moral rectitude. According to Oh, the children whom this bill means to serve are “orphans [who] have escaped and are living in foreign lands, alone and without families.” Directing viewers to sign a petition to their Congressional representatives on the THiNK website, Oh adds: “They [‘North Korean refugee orphans’] need us. This bill would allow us to adopt them.” Although Oh, the most famous of the bill’s celebrity supporters, has never studied the legislation or its misleading claims, her video ap peal has boosted support for the bill.[iii] When her PSA first launched last November, only a few thousand people had signed the petition. DC insiders predicted that it, like its predecessors, would not survive the doldrums of subcommittee referral. Yet by July, the petition had garnered over 60,000 signatures. Now, the bill has passed the House, and its sponsors aim to push it through the Senate before the pre-election session is over.

Modeled on a failed series of North Korean human rights bills that stretch back to 2003, the North Korean Refugee Adoption Act of 2011 proceeds from an outdated portrait of on-the-ground conditions and distorted premises. Empirically speaking, the bill misrepresents the reality of the children whom it purports to help. As a placeholder for children who are, by and large, not North Korean, not refugees, and not orphans, the “North Korean refugee orphan” is a dangerous fiction whose elastic license with the truth imperils the welfare of the children this legislation stands to impact. The bill’s alarmist image of “thousands of North Korean children [who] are threatened with starvation or disease” does not, in point of fact, correspond to the reality of the children who—albeit often poor and sometimes in the care of a grandparent—actually have families, have household registration papers, attend schools, are relatively well-nourished, and are Chinese citizens. Strategically loose on the supply-side details, this bill risks instrumentally construing these children as adoptable when, in fact, they are not. Far from ensuring the best interests of the child, as specified by international protocols, including the Hague Adoption Convention to which the United States is signatory, the North Korean Refugee Adoption Act, if passed, will give legitimacy to practices that shift U.S. adoption policy toward child-laundering.

I. The Pitch

Backed by an assortment of strange bedfellows—including actor Sandra Oh, Korean War adoptee Sam Han, Korean War veteran Charles Rangel, North Korean human rights groups, anti-communist Korean immigrant churches, a head of a Cold War defense organization that bring defectors to Washington, DC, to name a few—the North Korean Refugee Adoption Act of 2011 has enabled varying agendas to converge in a shared fiction of humanitarian rescue. The story that its supporters collectively tell is gripping. In its general contours, it goes like this: Children, North Korean orphans, who have escaped a dark place of hunger, death, and repression are at risk of being trafficked in third countries into slavery or the sex trade. Their parents are dead, and there is no one to look after them. Expedited adoption into American families who are ready and waiting is their only hope.

Painting a hellish picture electrified by luridly imagined details in his YouTube PSA for THiNK, Francis Chan, evangelical minister and bestselling author, describes the children whom this bill will rescue as utterly destitute—entirely “on [their] own.” Having, according to Chan, witnessed their parents die of starvation or tuberculosis in North Korea, “these kids are climbing over mountains in their bare feet. They’re crawling through jungles. Some of them are swimming through a freezing cold river while soldiers are shooting at them.” The clincher: “once they finally make it to safety to Mongolia, or Vietnam, or Cambodia, people there don’t want you [sic].” What awaits these children in these interim countries is yet more horror—trafficking, Chan claims, into slavery or the sex trade. The bill’s purpose is simply to enable these children to “live a halfway normal childhood.”[iv]

Although the image of the destitute North Korean child wandering alone in strange lands may serve as potent propaganda for the bill, this dire portrait is complicated by the fact that the children whom this legislation primarily targets are Chinese citizens who have families. This factual underside to the story of the “North Korean refugee orphan” is nowhere accounted for in the dramatic, heartwrenching narrative spun by Sandra Oh, Francis Chan, and others. As with many issues that fall under the rubric of “North Korean human rights,” North Korea might serve as the bogeyman for this bill, but the story itself unfurls in China, involves Chinese subjects, and risks infringing on Chinese sovereignty.

II. The Chinese Complication

The North Korean Refugee Adoption Act of 2011 may describe North Korean hunger as an urgent problem, which ethically requires an immediate response, yet this static language is copied almost verbatim from the North Korea Freedom Act of 2003. Explicit measures to facilitate the adoption of North Korean children into American families were introduced by Sam Brownback and Mary Landrieu, both staunch adoption advocates, into the 2003 bill, which offered a grim prognosis of North Korean children orphaned by famine: “thousands of North Korean orphans languish in orphanages with little hope of being adopted and are threatened with starvation and disease if they remain in North Korea.” In adapting this language, however, the North Korean Refugee Adoption Act of 2011 fails to account for major changes that have occurred not only in North Korea but also in China, the main destination for North Korean border-crossers, over the past decade.

Neither, for that matter, does the current legislation acknowledge that the “North Korean orphan”—anachronistic language retained from the 2003 bill—designates the China-born, mixed-ethnic offspring of Chinese fathers and North Korean mothers. If the details of the North Korean Refugee Adoption Act of 2011 are fuzzy on the supply side, they are clear on the demand side. Consistent in all variations of U.S. North Korean adoption legislation, the 2003 North Korean Freedom Act, HR 4896, and HR 1464, is the certitude that “thousands of United States citizens would welcome the opportunity to adopt North Korean orphans.”

Aimed at “legaliz[ing] adoption for North Korean stateless children,” to borrow the slogan of a Liberty in North Korea (LiNK) advocacy campaign on this issue, the North Korean Refugee Adoption Act is not—its humanitarian framing notwithstanding—a human rights bill. Its purpose, as the THiNK website acknowledges, is to “reduce the waiting time for families seeking to adopt.” Yet, as a top official of a major international adoption agency pithily stated to me about this bill, demand-side desire “is not what adoption is for. It flies in the face of the Hague [Adoption Convention],” which aims to “prevent the abduction, the sale of, or traffic in children” through the mechanism of inter-country adoption. Indeed, the striking absence of support from the mainstream adoption industry and the international humanitarian community implies substantive problems with this legislation.

Central to the safeguarding of the rights of the child is the prioritization of what the Hague refers to as “appropriate measures to enable the child to remain in the care of his or her family of origin.” The question of origins is key to unraveling the fiction of the “North Korean refugee orphan.” For one, no serious backer of this bill assumes that the primary target of this bill are the unaccompanied kkotjebi, North Korean children who crossed the North Korea-China border at the height of the famine of the 1990s and are now young adults, much less that the U.S. State Department will have to elaborate inter-country adoption protocols with North Korea. In its 2011 annual report, LiNK, a North Korean human rights advocacy group that runs “safe houses” along the North Korea-China border, concedes the Chinese birth and mixed ethnic heritage of the children whom the legislation has in mind:

Along the China-North Korea border, there are estimated to be up to 10,000 stateless children. These are children who are born to North Korean women and Chinese men—estimates suggest that over 80% of these women are trafficked or sold as brides. China does not recognize these children due to the illegal status of their mothers. Given this status, these children are considered “stateless” and are unable to attend school or even have basic rights.[v]

Yet, this is where things get slippery. To be born to undocumented North Korean migrant mothers, or so the bill’s backers claim, is to be effectively stateless. More than equate statelessness with “malnutrition, abuse, exploitation, [and] lack of education,” as Ileana Ros-Lehtinen, a major House supporter of the bill, has done in remarks to Radio Free Asia, the backers of this legislation make the dangerous mistake of conflating it with adoptability.

If, until a few years ago, a North Korean migrant mother’s undocumented status served as a barrier to her child’s household registration, or hukou—rendering her child effectively stateless—there is no such barrier today. This removal of obstacles to education and other social services fundamentally transforms the conditions of social possibility for the now school-aged, mixed-ethnic children in Yanbian, the province in China where the majority of them live. Three months ago, an underground South Korean missionary operating in Tumen confirmed to me that there was no “goa munje” (“orphan problem”) comparable to that which existed a decade ago. A Yanji municipal social welfare officer with the People’s Policy Bureau stated that the government now furnishes monthly stipends to the families of “parentless” children, including those with just one parent. An underground aid worker who oversees social services aimed at but not exclusive to mixed-ethnic children, including after-school programs where they learn life skills, corroborated this officer’s account. Of the roughly 3,500 children in the programs that this aid worker manages, all have what he called “hojeok” (hukou in Chinese). In fact, in recent years, provincial and local authorities have permitted Chinese fathers to register their mixed-ethnic children without reporting on the mothers’ status, thus granting these children the prerogatives of Chinese citizenship.

III. The South Korean Snag

Unfortunately, North Korean women trafficked into marriages with Chinese men have not had a corresponding positive transformation of their status. If they remain in China, they, given their undocumented status, do not face easy prospects. In his survey-based research on “North Korean” children in China, Courtland Robinson found that the only stakeholding demographic that substantially wished to resettle, specifically to South Korea, were North Korean mothers of mixed-ethnic children. Granted, a sizable number of women expressed aversion at the prospect of relocation: “I do not want to go to South Korea even if we had the option to go there, because I have heard terrible things. The cost of living…is extremely high so I do not know that life in South Korea would be better for my son.” Others, though, wished to resettle. As one mother stated, “I am not living my life freely because I am North Korean, so I think it would be best for us [mother and child] to go to South Korea.” Yet, in the severing of families across national borders is the making of a Solomonic dilemma.

A Korean-language article published last week in Voice of America, the global media organ of the U.S. government, describes the South Korean government as willing to establish a pilot program, in cooperation with the U.S. government, which would enable Americans to adopt North Korean children who are currently refugees in South Korea. The danger is that the North Korean Refugee Adoption Act instrumentalizes South Korean nationality laws, which recognize a North Korean mother upon her arrival in the South as a South Korean citizen who possesses the right to relinquish her child—while insufficiently accounting for the likely Chinese nationality of the mixed-ethnic child in question. The Hague Convention specifies that determination by “the competent authorities of the State of origin” of the child’s status is a prerequisite for inter-country adoption. It is far from clear that South Korea is “the relevant territorial unit,” as opposed to China, the state of origin, when it comes to U.S. inter-country adoption of mixed-ethnic children who have relocated to South Korea. Thus, to launder, through South Korean channels, a “North Korean refugee orphan” who is, in point of fact, a Chinese subject by virtue of birth and parentage is to invite an Elian Gonzalez-like tug-of-war between China and the United States.

IV. The North Korean Footnote

Hunger, specifically North Korean hunger, is critical to the story of the “North Korean refugee orphan” but only insofar as adoption displaces a more obvious, more immediate—and one could argue, more assuredly humanitarian—solution, namely, food aid. Premised on hunger in North Korea as trigger for North Korean migration to China, the North Korean Refugee Adoption Act is tellingly backed by politicians and interest groups that have not only opposed food aid or medical assistance to North Korea but also argued for fortified sanctions against North Korea—policies that exacerbate North Korea’s food insecurity.

The THiNK website is instructive. Although it indicates that “60% of North Korean children experience malnutrition which can lead to illness, stunting [sic] growth, or death,” it pushes narrowly for adoption as the solution to North Korean hunger. KAC clarifies on its THiNK site: “KAC will NOT be sending money/food/clothing or any other aid to North Korea. KAC wants to be very clear: KAC’s mission is not to provide any support or assistance to North Korea.” It is hard to escape the conclusion that North Korean hunger matters to advocates of U.S. North Korean adoption laws only so far as it directly or indirectly produces orphans.

Ironically, the ethical charge behind the story of the “North Korean refugee orphan” stems from the assumption that North Korea, as Francis Chan alleges in his THiNK PSA, did nothing “to keep you [sic] alive.” Two years ago, however, Kim Jong Il’s government reached out to the United States through back-channel negotiations requesting food aid for what surely would be, and indeed was, a rough year ahead. The United States laid down two essential conditions: issue a formal bilateral request for aid and give unprecedented access to teams conducting food assessment surveys. North Korea complied on both fronts, and in early 2011, teams from the U.S. government, the UN, the US NGOs, and the EU all conducted studies throughout the country. Photos from their visits to babies’ homes and children’s homes showed clear signs of child hunger—yellowing hair, listlessness, and wasting. Yet Ed Royce, the Republican congressman from Fullerton, California, who introduced the North Korean Refugee Act, also moved to introduce a House amendment to an agricultural appropriations bill that would ban food aid to North Korea. These two legislative measures, one aimed at blocking food aid and the other authorizing U.S. adoption of “North Korean refugee orphans,” are the face and obverse of a single policy.

In theory, the North Korean Refugee Adoption Act offers an alternative humanitarian response to the problem of North Korean hunger: namely, adoption. Cynically marshaling, however, the rhetoric of child rescue while sanctioning practices that not only intensify North Korea’s food insecurity but also insufficiently safeguard the welfare and interests of the China-born, mixed-ethnic child in question, this legislation seeks to save the individual child while neglecting the people. This makes for a pyrrhic policy of the worst kind.


[i] The He-Shan World Fund of the Tides Foundation supported research conducted by Jennifer Kwon-Dobbs and the author of post-famine child welfare on both sides of the North Korea-China border. Any error in this article is the author’s alone.

[ii] HR 1464, The North Korea Refugee Adoption Act of 2011.

[iii] Author conversation with Sandra Oh. February 20, 2012.

[iv] “Francis Chan on the N. Korea Refugee Orphan Adoption Bill.” http://www.youtube.com/watch?v=Qh81-ToZfnY.

[v] Liberty in North Korea, 2011 Annual Report, http://libertyinnorthkorea.files.wordpress.com/2012/07/link_2011annualreport.pdf, 23.”

 

One of the commenters claims that the international adoption industry does NOT support this. LOL. They ALL want this as this would increase their business for all children in China and then they can go on fishing expeditions in new countries in search of new “North Korean” orphans. This is like a mini-FFOA (Families for Orphan Act). See how JCICS promoted FFOA here and PoundPup Legacy’s analysis of FFOA here.

Update 3: In the midst of fiscal cliff discussions, the Senate passed this bill on December 28, 2012 with amendments and to start the New Year off with a FacePalmtastic bang, the House approved the amended bill on January 1, 2013. They sure showed Russia and their human rights issues by screwing over North Korean women and their children with this human rights debacle/POS legislation.

See the schedule of this bill here and pasted below:

MAJOR ACTIONS:
4/8/2011 Introduced in House
9/11/2012 Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.
12/28/2012 Senate Committee on Foreign Relations discharged by Unanimous Consent.
12/28/2012 Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
1/1/2013 Resolving differences — House actions: On motion that the House agree to the Senate amendments Agreed to without objection.
ALL ACTIONS:

4/8/2011:
Referred to the House Committee on Foreign Affairs.
9/11/2012 6:18pm:
Ms. Ros-Lehtinen moved to suspend the rules and pass the bill.
9/11/2012 6:18pm:
Considered under suspension of the rules. (consideration: CR H5842-5844)
9/11/2012 6:18pm:
DEBATE – The House proceeded with forty minutes of debate on H.R. 1464.
9/11/2012 6:31pm:
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5842-5843)
9/11/2012 6:32pm:
Motion to reconsider laid on the table Agreed to without objection.
9/12/2012:
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
12/28/2012:
Senate Committee on Foreign Relations discharged by Unanimous Consent.
12/28/2012:
Measure laid before Senate by unanimous consent. (consideration: CR S8516)
12/28/2012:
S.AMDT.3442 Amendment SA 3442 proposed by Senator Reid for Senator Burr. (consideration: CR S8516; text: CR S8516)
In the nature of a substitute.
12/28/2012:
S.AMDT.3442 Amendment SA 3442 agreed to in Senate by Unanimous Consent.
12/28/2012:
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
12/28/2012:
S.AMDT.3443 Amendment SA 3443 proposed by Senator Reid for Senator Burr. (consideration: CR S8516; text: CR S8516)
To amend the title.
12/28/2012:
S.AMDT.3443 Amendment SA 3443 agreed to in Senate by Unanimous Consent.
12/30/2012:
Message on Senate action sent to the House.
1/1/2013 12:29pm:
Ms. Ros-Lehtinen asked unanimous consent that the House agree to the Senate amendments.
1/1/2013 12:29pm:
On motion that the House agree to the Senate amendments Agreed to without objection.
1/1/2013 12:29pm:
Motion to reconsider laid on the table Agreed to without objection.
1/1/2013 12:29pm:
The title of the measure was amended. Agreed to without objection.

North Korean adoptions approved in US  [The Telegraph 1/2/13] says:

“The North Korea Refugee Adoption Act instructs the US State Department to devise a comprehensive strategy to facilitate the adoption of North Korean children by US citizens.

US Republican lawmaker Ileana Ros Lehtinen, a key backer of the bill, said late last year that the legislation aims to “provide loving families for some of the world’s most endangered children.”

The bill would “require the State Department to take a broad look at the diplomatic and documentation challenges facing American families who would like to adopt North Korean orphans, and report to Congress on potential strategies to address them,” said Ros Lehtinen, chairwoman of the House Foreign Affairs Committee, speaking on the floor of the US legislature.

The measure was passed by the House in September and by the Senate last week. It must still be signed by President Barack Obama.

The measure passed as it emerged the number of North Korean refugees fleeing to the South fell sharply last year, officials in Seoul said, with activists citing crackdowns and tighter border controls.

A total of 1,508 North Koreans arrived in the South in 2012 – nearly all of them via China – down from 2,706 the previous year, the Unification Ministry said.

Activists said the North had cracked down on people trying to flee the country under new leader Kim Jong-un, who took power following the death of his father Kim Jong-Il in late 2011. Supporters of the measure said many North Korean children become orphaned or stateless when their families flee with them to China or other neighboring nations, and that the youngsters often are left without the proper care.

But many children who remain in North Korea fare no better, Ros Lehtinen said.

“We are all too keenly all aware of the extreme repression, malnutrition, and poverty suffered by so many inside North Korea today. Those threats often take the greatest toll on children,” the Republican lawmaker said.

Any efforts to facilitate adoptions, Ros Lehtinen said, would ensure that the North Korean adoptees are genuine orphans, and not victims of child trafficking. [LOL What a bad joke!]

The author of the bill, Republican Representative Ed Royce, will take over the chairmanship of the House Foreign Affairs Committee from Ros Lehtinen when Congress convenes a new session next week.

The United States is home to the largest ethnic Korean population outside of Northeast Asia, with nearly two million Americans of Korean descent.”

Update 4: President Obama signs the the bill on January 14, 2013.

“The bill calls for the secretary of state to “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.”
It also demands that the secretary designate a representative to regularly brief Congress on the U.S. government’s efforts to protect North Korean children.
Rep. Ed Royce (R-CA), who now chairs the House Foreign Affairs Committee, crafted the bill.
He initially proposed the “North Korean Refugee Adoption Act of 2011.”
It was approved by the House last year, but the Senate made some changes to it, requiring the House to vote on the revised version.”

[Yonhap News Agency 1/15/13]
Update 5: CNN gives  recap of the law, again linking malnutrition to adoption.

“North Korean orphans who make it to South Korea could be considered relatively lucky. They are provided an education, a path to South Korean citizenship and even a chance at adoption.But many North Korean children do not have similar opportunities. Some are in orphanages in their homeland; others make it out of North Korea, only to find themselves stateless and in hiding in China or other countries.In January, President Obama signed into law a measure designed to help these children. The North Korean Child Welfare Act of 2012 calls for the U.S. State Department to advocate for the “best interests” of North Korean children.

This includes helping reunite family members who’ve escaped North Korea, as well as facilitating adoption for North Korean children living outside their homeland without parental care.

But it could be years before Americans are able to adopt any of these children.

The act does not lay out a roadmap for making adoptions or family reunions possible. Rather, it tasks the State Department with making regular reports to Congress on challenges facing North Korean children and developing a strategy to address them.

“Hundreds of thousands of North Korean children suffer from malnutrition in North Korea,” the act reads, and many of them “may face statelessness in neighboring countries.”

Most North Korean defectors escape to neighboring China, which has a policy of sending those who are caught back to their home country. The consequences of repatriation can include imprisonment in North Korea and, in some cases, the death penalty, according to human rights activists.

Some North Korean children escape to China after losing their parents, while others become orphans after crossing the border if their parents die or are sent back to North Korea. The orphans often live in hiding because of fears that they’ll be repatriated.

“The last estimate we heard was 20,000,” said Arthur Han of Han-Schneider International Children’s Foundation, an organization for disadvantaged children based in Montebello, California.

“That number is not accurate because these orphans are in hiding and there’s no way to get an accurate number.”

Han’s father, Sam Han, grew up as an orphan in South Korea and lobbied to get the law passed beginning in 2010. The elder Han had been concerned about the welfare of such children after visiting orphanages in North Korea, his son said. His father died in 2012 from cancer.

The North Korean Child Welfare Act tasks the State Department and the House Foreign Affairs Committee with devising strategies to “safely bring these kids out of hiding in these neighboring countries, into the U.S. or into international homes,” Han said. “This bill initiates a process, sets a committee, so a plan can be implemented.”

Several prospective parents have already asked Han whether they could adopt a North Korean child.

“I have to tell them it’s a few years out before we have a chance to adopt a North Korean child,” Han said. “From what we’ve heard, we’re looking at minimum one to three years before a plan is strategized and implemented.”

Meanwhile, the law has garnered criticism, especially from Christine Hong, an assistant professor at the University of California Santa Cruz, who said the wording of the measure is troubling.

“I don’t think this is going to have an effect of an open season of baby scooping,” she said. “One of the dangers is it states that the State Department has to elaborate protocol and it makes it possible for U.S. citizens to be able to adopt stateless children, not just from North Korea or China, but from around the world. It’s one of the dangerous precedents — it’s a very loose and fast language.”

Last fall, Hong penned a critique of the bill on the website 38North.

In addition to North Korean orphans, the law also refers to children with one North Korean parent — many of whom are born in China from a Chinese-North Korean relationship. Because of the illegal status of North Koreans in China, such children may not be recognized by China or North Korea, rendering them stateless. Also, they may not have proper registration in China, which is crucial for social services and education, according to human rights organizations.

But Hong said the law is based on outdated premises, and that the discrimination and barriers to services for children born of North Korean-Chinese relationships have greatly improved.

The new law also calls for the State Department to work with the South Korean government to establish pilot programs to assist in the family reunification of North Korean children.

The South Korean government’s Ministry of Unification wrote in an e-mail to CNN: “If the U.S. government makes a detailed proposal regarding this pilot project in the future, we can decide on whether we will go on with the project after examining various factors.”

[CNN 5/13/13 by Madison Park]

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