[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2909 Enrolled Bill (ENR)]
H.R.2909
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To provide for implementation by the United States of the Hague
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Intercountry
Adoption Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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adoption services in cases subject to the Convention.

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TITLE II

-PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

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children adopted from Convention countries.

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TITLE III

-RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

(a) Findings.--Congress recognizes--
(1) the international character of the Convention on Protection
of Children and Co-operation in Respect of Intercountry Adoption
(done at The Hague on May 29, 1993); and
(2) the need for uniform interpretation and implementation of
the Convention in the United States and abroad,
and therefore finds that enactment of a Federal law governing adoptions
and prospective adoptions subject to the Convention involving United
States residents is essential.
(b) Purposes.--The purposes of this Act are--
(1) to provide for implementation by the United States of the
Convention;
(2) to protect the rights of, and prevent abuses against,
children, birth families, and adoptive parents involved in
adoptions (or prospective adoptions) subject to the Convention, and
to ensure that such adoptions are in the children's best interests;
and
(3) to improve the ability of the Federal Government to assist
United States citizens seeking to adopt children from abroad and
residents of other countries party to the Convention seeking to
adopt children from the United States.

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TITLE V

-GENERAL PROVISIONS

As used in this Act:
(1) Accredited agency.--The term ``accredited agency'' means an
agency accredited under title II to provide adoption services in
the United States in cases subject to the Convention.
(2) Accrediting entity.--The term ``accrediting entity'' means
an entity designated under section 202(a) to accredit agencies and
approve persons under title II.
(3) Adoption service.--The term ``adoption service'' means--
(A) identifying a child for adoption and arranging an
adoption;
(B) securing necessary consent to termination of parental
rights and to adoption;
(C) performing a background study on a child or a home
study on a prospective adoptive parent, and reporting on such a
study;
(D) making determinations of the best interests of a child
and the appropriateness of adoptive placement for the child;
(E) post-placement monitoring of a case until final
adoption; and
(F) where made necessary by disruption before final
adoption, assuming custody and providing child care or any
other social service pending an alternative placement.
The term ``providing'', with respect to an adoption service,
includes facilitating the provision of the service.
(4) Agency.--The term ``agency'' means any person other than an
individual.
(5) Approved person.--The term ``approved person'' means a
person approved under title II to provide adoption services in the
United States in cases subject to the Convention.
(6) Attorney general.--Except as used in section 404, the term
``Attorney General'' means the Attorney General, acting through the
Commissioner of Immigration and Naturalization.
(7) Central authority.--The term ``central authority'' means
the entity designated as such by any Convention country under
Article 6(1) of the Convention.
(8) Central authority function.--The term ``central authority
function'' means any duty required to be carried out by a central
authority under the Convention.
(9) Convention.--The term ``Convention'' means the Convention
on Protection of Children and Co-operation in Respect of
Intercountry Adoption, done at The Hague on May 29, 1993.
(10) Convention adoption.--The term ``Convention adoption''
means an adoption of a child resident in a foreign country party to
the Convention by a United States citizen, or an adoption of a
child resident in the United States by an individual residing in
another Convention country.
(11) Convention record.--The term ``Convention record'' means
any item, collection, or grouping of information contained in an
electronic or physical document, an electronic collection of data,
a photograph, an audio or video tape, or any other information
storage medium of any type whatever that contains information about
a specific past, current, or prospective Convention adoption
(regardless of whether the adoption was made final) that has been
preserved in accordance with section 401(a) by the Secretary of
State or the Attorney General.
(12) Convention country.--The term ``Convention country'' means
a country party to the Convention.
(13) Other convention country.--The term ``other Convention
country'' means a Convention country other than the United States.
(14) Person.--The term ``person'' shall have the meaning
provided in section 1 of title 1, United States Code, and shall not
include any agency of government or tribal government entity.
(15) Person with an ownership or control interest.--The term
``person with an ownership or control interest'' has the meaning
given such term in section 1124(a)(3) of the Social Security Act
(42 U.S.C. 1320a-3).
(16) Secretary.--The term ``Secretary'' means the Secretary of
State.
(17) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
Islands.

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(a) In General.--For purposes of the Convention and this Act--
(1) the Department of State shall serve as the central
authority of the United States; and
(2) the Secretary shall serve as the head of the central
authority of the United States.
(b) Performance of Central Authority Functions.--
(1) Except as otherwise provided in this Act, the Secretary
shall be responsible for the performance of all central authority
functions for the United States under the Convention and this Act.
(2) All personnel of the Department of State performing core
central authority functions in a professional capacity in the
Office of Children's Issues shall have a strong background in
consular affairs, personal experience in international adoptions,
or professional experience in international adoptions or child
services.
(c) Authority To Issue Regulations.--Except as otherwise provided
in this Act, the Secretary may prescribe such regulations as may be
necessary to carry out central authority functions on behalf of the
United States.

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TITLE I

-UNITED STATES CENTRAL AUTHORITY

(a) Liaison Responsibilities.--The Secretary shall have
responsibility for--
(1) liaison with the central authorities of other Convention
countries; and
(2) the coordination of activities under the Convention by
persons subject to the jurisdiction of the United States.
(b) Information Exchange.--The Secretary shall be responsible for--
(1) providing the central authorities of other Convention
countries with information concerning--
(A) accredited agencies and approved persons, agencies and
persons whose accreditation or approval has been suspended or
canceled, and agencies and persons who have been temporarily or
permanently debarred from accreditation or approval;
(B) Federal and State laws relevant to implementing the
Convention; and
(C) any other matters necessary and appropriate for
implementation of the Convention;
(2) not later than the date of the entry into force of the
Convention for the United States (pursuant to Article 46(2)(a) of
the Convention) and at least once during each subsequent calendar
year, providing to the central authority of all other Convention
countries a notice requesting the central authority of each such
country to specify any requirements of such country regarding
adoption, including restrictions on the eligibility of persons to
adopt, with respect to which information on the prospective
adoptive parent or parents in the United States would be relevant;
(3) making responses to notices under paragraph (2) available
to--
(A) accredited agencies and approved persons; and
(B) other persons or entities performing home studies under
section 201(b)(1);
(4) ensuring the provision of a background report (home study)
on prospective adoptive parent or parents (pursuant to the
requirements of section 203(b)(1)(A)(ii)), through the central
authority of each child's country of origin, to the court having
jurisdiction over the adoption (or, in the case of a child
emigrating to the United States for the purpose of adoption, to the
competent authority in the child's country of origin with
responsibility for approving the child's emigration) in adequate
time to be considered prior to the granting of such adoption or
approval;
(5) providing Federal agencies, State courts, and accredited
agencies and approved persons with an identification of Convention
countries and persons authorized to perform functions under the
Convention in each such country; and
(6) facilitating the transmittal of other appropriate
information to, and among, central authorities, Federal and State
agencies (including State courts), and accredited agencies and
approved persons.
(c) Accreditation and Approval Responsibilities.--The Secretary
shall carry out the functions prescribed by the Convention with respect
to the accreditation of agencies and the approval of persons to provide
adoption services in the United States in cases subject to the
Convention as provided in title II. Such functions may not be delegated
to any other Federal agency.
(d) Additional Responsibilities.--The Secretary--
(1) shall monitor individual Convention adoption cases
involving United States citizens; and
(2) may facilitate interactions between such citizens and
officials of other Convention countries on matters relating to the
Convention in any case in which an accredited agency or approved
person is unwilling or unable to provide such facilitation.
(e) Establishment of Registry.--The Secretary and the Attorney
General shall jointly establish a case registry of all adoptions
involving immigration of children into the United States and emigration
of children from the United States, regardless of whether the adoption
occurs under the Convention. Such registry shall permit tracking of
pending cases and retrieval of information on both pending and closed
cases.
(f) Methods of Performing Responsibilities.--The Secretary may--
(1) authorize public or private entities to perform appropriate
central authority functions for which the Secretary is responsible,
pursuant to regulations or under agreements published in the
Federal Register; and
(2) carry out central authority functions through grants to, or
contracts with, any individual or public or private entity, except
as may be otherwise specifically provided in this Act.

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In addition to such other responsibilities as are specifically
conferred upon the Attorney General by this Act, the central authority
functions specified in Article 14 of the Convention (relating to the
filing of applications by prospective adoptive parents to the central
authority of their country of residence) shall be performed by the
Attorney General.

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(a) Reports Required.--Beginning 1 year after the date of the entry
into force of the Convention for the United States and each year
thereafter, the Secretary, in consultation with the Attorney General
and other appropriate agencies, shall submit a report describing the
activities of the central authority of the United States under this Act
during the preceding year to the Committee on International Relations,
the Committee on Ways and Means, and the Committee on the Judiciary of
the House of Representatives and the Committee on Foreign Relations,
the Committee on Finance, and the Committee on the Judiciary of the
Senate.
(b) Report Elements.--Each report under subsection (a) shall set
forth with respect to the year concerned, the following:
(1) The number of intercountry adoptions involving immigration
to the United States, regardless of whether the adoption occurred
under the Convention, including the country from which each child
emigrated, the State to which each child immigrated, and the
country in which the adoption was finalized.
(2) The number of intercountry adoptions involving emigration
from the United States, regardless of whether the adoption occurred
under the Convention, including the country to which each child
immigrated and the State from which each child emigrated.
(3) The number of Convention placements for adoption in the
United States that were disrupted, including the country from which
the child emigrated, the age of the child, the date of the
placement for adoption, the reasons for the disruption, the
resolution of the disruption, the agencies that handled the
placement for adoption, and the plans for the child, and in
addition, any information regarding disruption or dissolution of
adoptions of children from other countries received pursuant to
section 422(b)(14) of the Social Security Act, as amended by
section 205 of this Act.
(4) The average time required for completion of a Convention
adoption, set forth by country from which the child emigrated.
(5) The current list of agencies accredited and persons
approved under this Act to provide adoption services.
(6) The names of the agencies and persons temporarily or
permanently debarred under this Act, and the reasons for the
debarment.
(7) The range of adoption fees charged in connection with
Convention adoptions involving immigration to the United States and
the median of such fees set forth by the country of origin.
(8) The range of fees charged for accreditation of agencies and
the approval of persons in the United States engaged in providing
adoption services under the Convention.

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ADOPTION SERVICES IN CASES SUBJECT TO THE CONVENTION.
(a) In General.--Except as otherwise provided in this title, no
person may offer or provide adoption services in connection with a
Convention adoption in the United States unless that person--
(1) is accredited or approved in accordance with this title; or
(2) is providing such services through or under the supervision
and responsibility of an accredited agency or approved person.
(b) Exceptions.--Subsection (a) shall not apply to the following:
(1) Background studies and home studies.--The performance of a
background study on a child or a home study on a prospective
adoptive parent, or any report on any such study by a social work
professional or organization who is not providing any other
adoption service in the case, if the background or home study is
approved by an accredited agency.
(2) Child welfare services.--The provision of a child welfare
service by a person who is not providing any other adoption service
in the case.
(3) Legal services.--The provision of legal services by a
person who is not providing any adoption service in the case.
(4) Prospective adoptive parents acting on own behalf.--The
conduct of a prospective adoptive parent on his or her own behalf
in the case, to the extent not prohibited by the law of the State
in which the prospective adoptive parent resides.

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ENTITIES.
(a) Designation of Accrediting Entities.--
(1) In general.--The Secretary shall enter into agreements with
one or more qualified entities under which such entities will
perform the duties described in subsection (b) in accordance with
the Convention, this title, and the regulations prescribed under
section 203, and upon entering into each such agreement shall
designate the qualified entity as an accrediting entity.
(2) Qualified entities.--In paragraph (1), the term ``qualified
entity'' means--
(A) a nonprofit private entity that has expertise in
developing and administering standards for entities providing
child welfare services and that meets such other criteria as
the Secretary may by regulation establish; or
(B) a public entity (other than a Federal entity),
including an agency or instrumentality of State government
having responsibility for licensing adoption agencies, that--
(i) has expertise in developing and administering
standards for entities providing child welfare services;
(ii) accredits only agencies located in the State in
which the public entity is located; and
(iii) meets such other criteria as the Secretary may by
regulation establish.
(b) Duties of Accrediting Entities.--The duties described in this
subsection are the following:
(1) Accreditation and approval.--Accreditation of agencies, and
approval of persons, to provide adoption services in the United
States in cases subject to the Convention.
(2) Oversight.--Ongoing monitoring of the compliance of
accredited agencies and approved persons with applicable
requirements, including review of complaints against such agencies
and persons in accordance with procedures established by the
accrediting entity and approved by the Secretary.
(3) Enforcement.--Taking of adverse actions (including
requiring corrective action, imposing sanctions, and refusing to
renew, suspending, or canceling accreditation or approval) for
noncompliance with applicable requirements, and notifying the
agency or person against whom adverse actions are taken of the
deficiencies necessitating the adverse action.
(4) Data, records, and reports.--Collection of data,
maintenance of records, and reporting to the Secretary, the United
States central authority, State courts, and other entities
(including on persons and agencies granted or denied approval or
accreditation), to the extent and in the manner that the Secretary
requires.
(c) Remedies for Adverse Action by Accrediting Entity.--
(1) Correction of deficiency.--An agency or person who is the
subject of an adverse action by an accrediting entity may re-apply
for accreditation or approval (or petition for termination of the
adverse action) on demonstrating to the satisfaction of the
accrediting entity that the deficiencies necessitating the adverse
action have been corrected.
(2) No other administrative review.--An adverse action by an
accrediting entity shall not be subject to administrative review.
(3) Judicial review.--An agency or person who is the subject of
an adverse action by an accrediting entity may petition the United
States district court in the judicial district in which the agency
is located or the person resides to set aside the adverse action.
The court shall review the adverse action in accordance with
section 706 of title 5, United States Code, and for purposes of
such review the accrediting entity shall be considered an agency
within the meaning of section 701 of such title.
(d) Fees.--The amount of fees assessed by accrediting entities for
the costs of accreditation shall be subject to approval by the
Secretary. Such fees may not exceed the costs of accreditation. In
reviewing the level of such fees, the Secretary shall consider the
relative size of, the geographic location of, and the number of
Convention adoption cases managed by the agencies or persons subject to
accreditation or approval by the accrediting entity.

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APPROVAL.
(a) In General.--
(1) Promulgation of regulations.--The Secretary, shall, by
regulation, prescribe the standards and procedures to be used by
accrediting entities for the accreditation of agencies and the
approval of persons to provide adoption services in the United
States in cases subject to the Convention.
(2) Consideration of views.--In developing such regulations,
the Secretary shall consider any standards or procedures developed
or proposed by, and the views of, individuals and entities with
interest and expertise in international adoptions and family social
services, including public and private entities with experience in
licensing and accrediting adoption agencies.
(3) Applicability of notice and comment rules.--Subsections
(b), (c), and (d) of section 553 of title 5, United States Code,
shall apply in the development and issuance of regulations under
this section.
(b) Minimum Requirements.--
(1) Accreditation.--The standards prescribed under subsection
(a) shall include the requirement that accreditation of an agency
may not be provided or continued under this title unless the agency
meets the following requirements:
(A) Specific requirements.--
(i) The agency provides prospective adoptive parents of
a child in a prospective Convention adoption a copy of the
medical records of the child (which, to the fullest extent
practicable, shall include an English-language translation
of such records) on a date which is not later than the
earlier of the date that is 2 weeks before: (I) the
adoption; or (II) the date on which the prospective parents
travel to a foreign country to complete all procedures in
such country relating to the adoption.
(ii) The agency ensures that a thorough background
report (home study) on the prospective adoptive parent or
parents has been completed in accordance with the
Convention and with applicable Federal and State
requirements and transmitted to the Attorney General with
respect to each Convention adoption. Each such report shall
include a criminal background check and a full and complete
statement of all facts relevant to the eligibility of the
prospective adopting parent or parents to adopt a child
under any requirements specified by the central authority
of the child's country of origin under section 102(b)(3),
including, in the case of a child emigrating to the United
States for the purpose of adoption, the requirements of the
child's country of origin applicable to adoptions taking
place in such country. For purposes of this clause, the
term ``background report (home study)'' includes any
supplemental statement submitted by the agency to the
Attorney General for the purpose of providing information
relevant to any requirements specified by the child's
country of origin.
(iii) The agency provides prospective adoptive parents
with a training program that includes counseling and
guidance for the purpose of promoting a successful
intercountry adoption before such parents travel to adopt
the child or the child is placed with such parents for
adoption.
(iv) The agency employs personnel providing
intercountry adoption services on a fee for service basis
rather than on a contingent fee basis.
(v) The agency discloses fully its policies and
practices, the disruption rates of its placements for
intercountry adoption, and all fees charged by such agency
for intercountry adoption.
(B) Capacity to provide adoption services.--The agency has,
directly or through arrangements with other persons, a
sufficient number of appropriately trained and qualified
personnel, sufficient financial resources, appropriate
organizational structure, and appropriate procedures to enable
the agency to provide, in accordance with this Act, all
adoption services in cases subject to the Convention.
(C) Use of social service professionals.--The agency has
established procedures designed to ensure that social service
functions requiring the application of clinical skills and
judgment are performed only by professionals with appropriate
qualifications and credentials.
(D) Records, reports, and information matters.--The agency
is capable of--
(i) maintaining such records and making such reports as
may be required by the Secretary, the United States central
authority, and the accrediting entity that accredits the
agency;
(ii) cooperating with reviews, inspections, and audits;
(iii) safeguarding sensitive individual information;
and
(iv) complying with other requirements concerning
information management necessary to ensure compliance with
the Convention, this Act, and any other applicable law.
(E) Liability insurance.--The agency agrees to have in
force adequate liability insurance for professional negligence
and any other insurance that the Secretary considers
appropriate.
(F) Compliance with applicable rules.--The agency has
established adequate measures to comply (and to ensure
compliance of their agents and clients) with the Convention,
this Act, and any other applicable law.
(G) Nonprofit organization with state license to provide
adoption services.--The agency is a private nonprofit
organization licensed to provide adoption services in at least
one State.
(2) Approval.--The standards prescribed under subsection (a)
shall include the requirement that a person shall not be approved
under this title unless the person is a private for-profit entity
that meets the requirements of subparagraphs (A) through (F) of
paragraph (1) of this subsection.
(3) Renewal of accreditation or approval.--The standards
prescribed under subsection (a) shall provide that the
accreditation of an agency or approval of a person under this title
shall be for a period of not less than 3 years and not more than 5
years, and may be renewed on a showing that the agency or person
meets the requirements applicable to original accreditation or
approval under this title.
(c) Temporary Registration of Community Based Agencies.--
(1) One-year registration period for medium community based
agencies.--For a 1-year period after the entry into force of the
Convention and notwithstanding subsection (b), the Secretary may
provide, in regulations issued pursuant to subsection (a), that an
agency may register with the Secretary and be accredited to provide
adoption services in the United States in cases subject to the
Convention during such period if the agency has provided adoption
services in fewer than 100 intercountry adoptions in the preceding
calendar year and meets the criteria described in paragraph (3).
(2) Two-year registration period for small community-based
agencies.--For a 2-year period after the entry into force of the
Convention and notwithstanding subsection (b), the Secretary may
provide, in regulations issued pursuant to subsection (a), that an
agency may register with the Secretary and be accredited to provide
adoption services in the United States in cases subject to the
Convention during such period if the agency has provided adoption
services in fewer than 50 intercountry adoptions in the preceding
calendar year and meets the criteria described in paragraph (3).
(3) Criteria for registration.--Agencies registered under this
subsection shall meet the following criteria:
(A) The agency is licensed in the State in which it is
located and is a nonprofit agency.
(B) The agency has been providing adoption services in
connection with intercountry adoptions for at least 3 years.
(C) The agency has demonstrated that it will be able to
provide the United States Government with all information
related to the elements described in section 104(b) and
provides such information.
(D) The agency has initiated the process of becoming
accredited under the provisions of this Act and is actively
taking steps to become an accredited agency.
(E) The agency has not been found to be involved in any
improper conduct relating to intercountry adoptions.

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(a) Oversight of Accrediting Entities.--The Secretary shall--
(1) monitor the performance by each accrediting entity of its
duties under section 202 and its compliance with the requirements
of the Convention, this Act, other applicable laws, and
implementing regulations under this Act; and
(2) suspend or cancel the designation of an accrediting entity
found to be substantially out of compliance with the Convention,
this Act, other applicable laws, or implementing regulations under
this Act.
(b) Suspension or Cancellation of Accreditation or Approval.--
(1) Secretary's authority.--The Secretary shall suspend or
cancel the accreditation or approval granted by an accrediting
entity to an agency or person pursuant to section 202 when the
Secretary finds that--
(A) the agency or person is substantially out of compliance
with applicable requirements; and
(B) the accrediting entity has failed or refused, after
consultation with the Secretary, to take appropriate
enforcement action.
(2) Correction of deficiency.--At any time when the Secretary
is satisfied that the deficiencies on the basis of which an adverse
action is taken under paragraph (1) have been corrected, the
Secretary shall--
(A) notify the accrediting entity that the deficiencies
have been corrected; and
(B)(i) in the case of a suspension, terminate the
suspension; or
(ii) in the case of a cancellation, notify the agency or
person that the agency or person may re-apply to the
accrediting entity for accreditation or approval.
(c) Debarment.--
(1) Secretary's authority.--On the initiative of the Secretary,
or on request of an accrediting entity, the Secretary may
temporarily or permanently debar an agency from accreditation or a
person from approval under this title, but only if--
(A) there is substantial evidence that the agency or person
is out of compliance with applicable requirements; and
(B) there has been a pattern of serious, willful, or
grossly negligent failures to comply or other aggravating
circumstances indicating that continued accreditation or
approval would not be in the best interests of the children and
families concerned.
(2) Period of debarment.--The Secretary's debarment order shall
state whether the debarment is temporary or permanent. If the
debarment is temporary, the Secretary shall specify a date, not
earlier than 3 years after the date of the order, on or after which
the agency or person may apply to the Secretary for withdrawal of
the debarment.
(3) Effect of debarment.--An accrediting entity may take into
account the circumstances of the debarment of an agency or person
that has been debarred pursuant to this subsection in considering
any subsequent application of the agency or person, or of any other
entity in which the agency or person has an ownership or control
interest, for accreditation or approval under this title.
(d) Judicial Review.--A person (other than a prospective adoptive
parent), an agency, or an accrediting entity who is the subject of a
final action of suspension, cancellation, or debarment by the Secretary
under this title may petition the United States District Court for the
District of Columbia or the United States district court in the
judicial district in which the person resides or the agency or
accrediting entity is located to set aside the action. The court shall
review the action in accordance with section 706 of title 5, United
States Code.
(e) Failure To Ensure a Full and Complete Home Study.--
(1) In general.--Willful, grossly negligent, or repeated
failure to ensure the completion and transmission of a background
report (home study) that fully complies with the requirements of
section 203(b)(1)(A)(ii) shall constitute substantial noncompliance
with applicable requirements.
(2) Regulations.--Regulations promulgated under section 203
shall provide for--
(A) frequent and careful monitoring of compliance by
agencies and approved persons with the requirements of section
203(b)(A)(ii); and
(B) consultation between the Secretary and the accrediting
entity where an agency or person has engaged in substantial
noncompliance with the requirements of section 203(b)(A)(ii),
unless the accrediting entity has taken appropriate corrective
action and the noncompliance has not recurred.
(3) Repeated failures to comply.--Repeated serious, willful, or
grossly negligent failures to comply with the requirements of
section 203(b)(1)(A)(ii) by an agency or person after consultation
between Secretary and the accrediting entity with respect to
previous noncompliance by such agency or person shall constitute a
pattern of serious, willful, or grossly negligent failures to
comply under subsection (c)(1)(B).
(4) Failure to comply with certain requirements.--A failure to
comply with the requirements of section 203(b)(1)(A)(ii) shall
constitute a serious failure to comply under subsection (c)(1)(B)
unless it is shown by clear and convincing evidence that such
noncompliance had neither the purpose nor the effect of determining
the outcome of a decision or proceeding by a court or other
competent authority in the United States or the child's country of
origin.

44ce518adeb402f7a832b73fe9859f2e1d85ca53b245f907f3e2c53f196210a6

Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is
amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking ``children.'' and inserting
``children;''; and
(3) by adding at the end the following new paragraphs:
``(13) contain a description of the activities that the State
has undertaken for children adopted from other countries, including
the provision of adoption and post-adoption services; and
``(14) provide that the State shall collect and report
information on children who are adopted from other countries and
who enter into State custody as a result of the disruption of a
placement for adoption or the dissolution of an adoption, including
the number of children, the agencies who handled the placement or
adoption, the plans for the child, and the reasons for the
disruption or dissolution.''.

71d84181fe2a9e9f7249a85467d74faad45cf012f8512ac7f56369a23015f770

(a) Legal Effect of Certificates Issued by the Secretary of
State.--
(1) Issuance of certificates by the secretary of state.--The
Secretary of State shall, with respect to each Convention adoption,
issue a certificate to the adoptive citizen parent domiciled in the
United States that the adoption has been granted or, in the case of
a prospective adoptive citizen parent, that legal custody of the
child has been granted to the citizen parent for purposes of
emigration and adoption, pursuant to the Convention and this Act,
if the Secretary of State--
(A) receives appropriate notification from the central
authority of such child's country of origin; and
(B) has verified that the requirements of the Convention
and this Act have been met with respect to the adoption.
(2) Legal effect of certificates.--If appended to an original
adoption decree, the certificate described in paragraph (1) shall
be treated by Federal and State agencies, courts, and other public
and private persons and entities as conclusive evidence of the
facts certified therein and shall constitute the certification
required by section 204(d)(2) of the Immigration and Nationality
Act, as amended by this Act.
(b) Legal Effect of Convention Adoption Finalized in Another
Convention Country.--A final adoption in another Convention country,
certified by the Secretary of State pursuant to subsection (a) of this
section or section 303(c), shall be recognized as a final valid
adoption for purposes of all Federal, State, and local laws of the
United States.
(c) Condition on Finalization of Convention Adoption by State
Court.--In the case of a child who has entered the United States from
another Convention country for the purpose of adoption, an order
declaring the adoption final shall not be entered unless the Secretary
of State has issued the certificate provided for in subsection (a) with
respect to the adoption.

814356216047406b3aaa789c95808e7c76c875e8d06d770352d96b2f6c71c37c

CHILDREN ADOPTED FROM CONVENTION COUNTRIES.
(a) Definition of Child.--Section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting ``; or''; and
(3) by adding after subparagraph (F) the following new
subparagraph:
``(G) a child, under the age of sixteen at the time a petition
is filed on the child's behalf to accord a classification as an
immediate relative under section 201(b), who has been adopted in a
foreign state that is a party to the Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption done
at The Hague on May 29, 1993, or who is emigrating from such a
foreign state to be adopted in the United States, by a United
States citizen and spouse jointly, or by an unmarried United States
citizen at least 25 years of age--
``(i) if--
``(I) the Attorney General is satisfied that proper
care will be furnished the child if admitted to the United
States;
``(II) the child's natural parents (or parent, in the
case of a child who has one sole or surviving parent
because of the death or disappearance of, abandonment or
desertion by, the other parent), or other persons or
institutions that retain legal custody of the child, have
freely given their written irrevocable consent to the
termination of their legal relationship with the child, and
to the child's emigration and adoption;
``(III) in the case of a child having two living
natural parents, the natural parents are incapable of
providing proper care for the child;
``(IV) the Attorney General is satisfied that the
purpose of the adoption is to form a bona fide parent-child
relationship, and the parent-child relationship of the
child and the natural parents has been terminated (and in
carrying out both obligations under this subclause the
Attorney General may consider whether there is a petition
pending to confer immigrant status on one or both of such
natural parents); and
``(V) in the case of a child who has not been adopted--
``(aa) the competent authority of the foreign state
has approved the child's emigration to the United
States for the purpose of adoption by the prospective
adoptive parent or parents; and
``(bb) the prospective adoptive parent or parents
has or have complied with any pre-adoption requirements
of the child's proposed residence; and
``(ii) except that no natural parent or prior adoptive
parent of any such child shall thereafter, by virtue of such
parentage, be accorded any right, privilege, or status under
this Act.''.
(b) Approval of Petitions.--Section 204(d) of the Immigration and
Nationality Act (8 U.S.C. 1154(d)) is amended--
(1) by striking ``(d)'' and inserting ``(d)(1)'';
(2) by striking ``section 101(b)(1)(F)'' and inserting
``subparagraph (F) or (G) of section 101(b)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) Notwithstanding the provisions of subsections (a) and (b), no
petition may be approved on behalf of a child defined in section
101(b)(1)(G) unless the Secretary of State has certified that the
central authority of the child's country of origin has notified the
United States central authority under the convention referred to in
such section 101(b)(1)(G) that a United States citizen habitually
resident in the United States has effected final adoption of the child,
or has been granted custody of the child for the purpose of emigration
and adoption, in accordance with such convention and the Intercountry
Adoption Act of 2000.''.
(c) Definition of Parent.--Section 101(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(2)) is amended by inserting ``and
paragraph (1)(G)(i)'' after ``second proviso therein)''.

79a5100c814b150fdf8be2d287db8bbaf8143ad06cb8ebbfb9b630b864e5fe29

(a) Duties of Accredited Agency or Approved Person.--In the case of
a Convention adoption involving the emigration of a child residing in
the United States to a foreign country, the accredited agency or
approved person providing adoption services, or the prospective
adoptive parent or parents acting on their own behalf (if permitted by
the laws of such other Convention country in which they reside and the
laws of the State in which the child resides), shall do the following:
(1) Ensure that, in accordance with the Convention--
(A) a background study on the child is completed;
(B) the accredited agency or approved person--
(i) has made reasonable efforts to actively recruit and
make a diligent search for prospective adoptive parents to
adopt the child in the United States; and
(ii) despite such efforts, has not been able to place
the child for adoption in the United States in a timely
manner; and
(C) a determination is made that placement with the
prospective adoptive parent or parents is in the best interests
of the child.
(2) Furnish to the State court with jurisdiction over the
case--
(A) documentation of the matters described in paragraph
(1);
(B) a background report (home study) on the prospective
adoptive parent or parents (including a criminal background
check) prepared in accordance with the laws of the receiving
country; and
(C) a declaration by the central authority (or other
competent authority) of such other Convention country--
(i) that the child will be permitted to enter and
reside permanently, or on the same basis as the adopting
parent, in the receiving country; and
(ii) that the central authority (or other competent
authority) of such other Convention country consents to the
adoption, if such consent is necessary under the laws of
such country for the adoption to become final.
(3) Furnish to the United States central authority--
(A) official copies of State court orders certifying the
final adoption or grant of custody for the purpose of adoption;
(B) the information and documents described in paragraph
(2), to the extent required by the United States central
authority; and
(C) any other information concerning the case required by
the United States central authority to perform the functions
specified in subsection (c) or otherwise to carry out the
duties of the United States central authority under the
Convention.
(b) Conditions on State Court Orders.--An order declaring an
adoption to be final or granting custody for the purpose of adoption in
a case described in subsection (a) shall not be entered unless the
court--
(1) has received and verified to the extent the court may find
necessary--
(A) the material described in subsection (a)(2); and
(B) satisfactory evidence that the requirements of Articles
4 and 15 through 21 of the Convention have been met; and
(2) has determined that the adoptive placement is in the best
interests of the child.
(c) Duties of the Secretary of State.--In a case described in
subsection (a), the Secretary, on receipt and verification as necessary
of the material and information described in subsection (a)(3), shall
issue, as applicable, an official certification that the child has been
adopted or a declaration that custody for purposes of adoption has been
granted, in accordance with the Convention and this Act.
(d) Filing with Registry Regarding Nonconvention Adoptions.--
Accredited agencies, approved persons, and other persons, including
governmental authorities, providing adoption services in an
intercountry adoption not subject to the Convention that involves the
emigration of a child from the United States shall file information
required by regulations jointly issued by the Attorney General and the
Secretary of State for purposes of implementing section 102(e).

72c68c54a21935e93dfcca6baef37e9d90d1e707c22870e287be498f52237358

(a) Preservation of Convention Records.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Attorney General, shall issue regulations that establish procedures
and requirements in accordance with the Convention and this section
for the preservation of Convention records.
(2) Applicability of notice and comment rules.--Subsections
(b), (c), and (d) of section 553 of title 5, United States Code,
shall apply in the development and issuance of regulations under
this section.
(b) Access to Convention Records.--
(1) Prohibition.--Except as provided in paragraph (2), the
Secretary or the Attorney General may disclose a Convention record,
and access to such a record may be provided in whole or in part,
only if such record is maintained under the authority of the
Immigration and Nationality Act and disclosure of, or access to,
such record is permitted or required by applicable Federal law.
(2) Exception for administration of the convention.--A
Convention record may be disclosed, and access to such a record may
be provided, in whole or in part, among the Secretary, the Attorney
General, central authorities, accredited agencies, and approved
persons, only to the extent necessary to administer the Convention
or this Act.
(3) Penalties for unlawful disclosure.--Unlawful disclosure of
all or part of a Convention record shall be punishable in
accordance with applicable Federal law.
(c) Access to Non-Convention Records.--Disclosure of, access to,
and penalties for unlawful disclosure of, adoption records that are not
Convention records, including records of adoption proceedings conducted
in the United States, shall be governed by applicable State law.

c6999fbca97fb2d6685830839aafe76dd8bd153d8c2b9040464c14c93c3ad8bd

TITLE IV

-ADMINISTRATION AND ENFORCEMENT

Documents originating in any other Convention country and related
to a Convention adoption case shall require no authentication in order
to be admissible in any Federal, State, or local court in the United
States, unless a specific and supported claim is made that the
documents are false, have been altered, or are otherwise unreliable.

f8193ad7c5c30c4939e77756f5a7a06a1352617f3520dc26188c590b1af047d1

(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated such
sums as may be necessary to agencies of the Federal Government
implementing the Convention and the provisions of this Act.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
(b) Assessment of Fees.--
(1) The Secretary may charge a fee for new or enhanced services
that will be undertaken by the Department of State to meet the
requirements of this Act with respect to intercountry adoptions
under the Convention and comparable services with respect to other
intercountry adoptions. Such fee shall be prescribed by regulation
and shall not exceed the cost of such services.
(2) Fees collected under paragraph (1) shall be retained and
deposited as an offsetting collection to any Department of State
appropriation to recover the costs of providing such services.
(3) Fees authorized under this section shall be available for
obligation only to the extent and in the amount provided in advance
in appropriations Acts.
(c) Restriction.--No funds collected under the authority of this
section may be made available to an accrediting entity to carry out the
purposes of this Act.

169a92de280b6589f53559f58eedbd3eb735847f2e97c445822914da1eaaef2d

(a) Civil Penalties.--Any person who--
(1) violates section 201;
(2) makes a false or fraudulent statement, or
misrepresentation, with respect to a material fact, or offers,
gives, solicits, or accepts inducement by way of compensation,
intended to influence or affect in the United States or a foreign
country--
(A) a decision by an accrediting entity with respect to the
accreditation of an agency or approval of a person under title
II;
(B) the relinquishment of parental rights or the giving of
parental consent relating to the adoption of a child in a case
subject to the Convention; or
(C) a decision or action of any entity performing a central
authority function; or
(3) engages another person as an agent, whether in the United
States or in a foreign country, who in the course of that agency
takes any of the actions described in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may be
prescribed by law, to a civil money penalty of not more than $50,000
for a first violation, and not more than $100,000 for each succeeding
violation.
(b) Civil Enforcement.--
(1) Authority of attorney general.--The Attorney General may
bring a civil action to enforce subsection (a) against any person
in any United States district court.
(2) Factors to be considered in imposing penalties.--In
imposing penalties the court shall consider the gravity of the
violation, the degree of culpability of the defendant, and any
history of prior violations by the defendant.
(c) Criminal Penalties.--Whoever knowingly and willfully violates
paragraph (1) or (2) of subsection (a) shall be subject to a fine of
not more than $250,000, imprisonment for not more than 5 years, or
both.

efb7fe23723a1a847e2affc3f41f8c90e9652ff0a8a3f74deee224bf160a4a4c

Subject to Article 24 of the Convention, adoptions concluded
between two other Convention countries that meet the requirements of
Article 23 of the Convention and that became final before the date of
entry into force of the Convention for the United States shall be
recognized thereafter in the United States and given full effect. Such
recognition shall include the specific effects described in Article 26
of the Convention.

fa74ea290e8f82a3e002eb32efe1d4e656b5516618adcfa023ced140d1e5ef13

(a) Authority to Establish Alternative Procedures for Adoption of
Children by Relatives.--To the extent consistent with the Convention,
the Secretary may establish by regulation alternative procedures for
the adoption of children by individuals related to them by blood,
marriage, or adoption, in cases subject to the Convention.
(b) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of this
Act, to the extent consistent with the Convention, the Secretary
may, on a case-by-case basis, waive applicable requirements of this
Act or regulations issued under this Act, in the interests of
justice or to prevent grave physical harm to the child.
(2) Nondelegation.--The authority provided by paragraph (1) may
not be delegated.

2eaa3101adb2c5126e79ad05f277ce11097a4ccd69d4a47e919dbc0968ec493d

(a) Preemption of Inconsistent State Law.--The Convention and this
Act shall not be construed to preempt any provision of the law of any
State or political subdivision thereof, or prevent a State or political
subdivision thereof from enacting any provision of law with respect to
the subject matter of the Convention or this Act, except to the extent
that such provision of State law is inconsistent with the Convention or
this Act, and then only to the extent of the inconsistency.
(b) Applicability of the Indian Child Welfare Act.--The Convention
and this Act shall not be construed to affect the application of the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).
(c) Relationship to Other Laws.--Sections 3506(c), 3507, and 3512
of title 44, United States Code, shall not apply to information
collection for purposes of sections 104, 202(b)(4), and 303(d) of this
Act or for use as a Convention record as defined in this Act.

95dffbc770cd2a94c07b3b304edc56d4ad045a9d8d8f762c2f5c501e15f9efc2

The Convention and this Act shall not be construed to create a
private right of action to seek administrative or judicial relief,
except to the extent expressly provided in this Act.

1a86d9ec3d179837d56c9282c833d8aae8b5b5252075d0145a24981bc9acf012

(a) Effective Dates.--
(1) Provisions effective upon enactment.--Sections 2, 3, 101
through 103, 202 through 205, 401(a), 403, 503, and 505(a) shall
take effect on the date of the enactment of this Act.
(2) Provisions effective upon the entry into force of the
convention.--Subject to subsection (b), the provisions of this Act
not specified in paragraph (1) shall take effect upon the entry
into force of the Convention for the United States pursuant to
Article 46(2)(a) of the Convention.
(b) Transition Rule.--The Convention and this Act shall not apply--
(1) in the case of a child immigrating to the United States, if
the application for advance processing of an orphan petition or
petition to classify an orphan as an immediate relative for the
child is filed before the effective date described in subsection
(a)(2); or
(2) in the case of a child emigrating from the United States,
if the prospective adoptive parents of the child initiated the
adoption process in their country of residence with the filing of
an appropriate application before the effective date described in
subsection (a)(2).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

933a6a16153637aed96eb7010a5d93698ffce0cd99c0d86ff59c488e0f2198c4

Intercountry Adoption Convention Implementation bill — HR. 2909

Other Sections

TITLE II

TITLE III

TITLE V

TITLE I

TITLE IV

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