[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2909 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 27, 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
2909) entitled ``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.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

                TITLE I--UNITED STATES CENTRAL AUTHORITY

Sec. 101. Designation of central authority.
Sec. 102. Responsibilities of the Secretary of State.
Sec. 103. Responsibilities of the Attorney General.
Sec. 104. Annual report on intercountry adoptions.

      TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

Sec. 201. Accreditation or approval required in order to provide 
                            adoption services in cases subject to the 
                            Convention.
Sec. 202. Process for accreditation and approval; role of accrediting 
                            entities.
Sec. 203. Standards and procedures for providing accreditation or 
                            approval.
Sec. 204. Secretarial oversight of accreditation and approval.
Sec. 205. State plan requirement.

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Immigration and Nationality Act amendments relating to 
                            children adopted from Convention countries.
Sec. 303. Adoptions of children emigrating from the United States.

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

Sec. 401. Access to Convention records.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Recognition of Convention adoptions.
Sec. 502. Special rules for certain cases.
Sec. 503. Relationship to other laws.
Sec. 504. No private right of action.
Sec. 505. Effective dates; transition rule.

SEC. 2. FINDINGS AND PURPOSES.

    (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.

SEC. 3. DEFINITIONS.

    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.

                TITLE I--UNITED STATES CENTRAL AUTHORITY

SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.

    (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.

SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF STATE.

    (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.

SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.

    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.

SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

    (a) Reports Required.--Beginning one 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.

      TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

SEC. 201. ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO PROVIDE 
              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.

SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF ACCREDITING 
              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.

SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITATION OR 
              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.

SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION AND APPROVAL.

    (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.

SEC. 205. STATE PLAN REQUIREMENT.

    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.''.

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED STATES.

    (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.

SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING TO 
              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 twenty-five 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 
                        biological parents has been terminated; 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)''.

SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED STATES.

    (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).

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

SEC. 401. ACCESS TO CONVENTION RECORDS.

    (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.

SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES.

    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.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.

    (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.

SEC. 404. ENFORCEMENT.

    (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.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.

    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.

SEC. 502. SPECIAL RULES FOR CERTAIN CASES.

    (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.

SEC. 503. RELATIONSHIP TO OTHER LAWS.

    (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.

SEC. 504. NO PRIVATE RIGHT OF ACTION.

    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.

SEC. 505. EFFECTIVE DATES; TRANSITION RULE.

    (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).

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 2909

_______________________________________________________________________

                               AMENDMENT

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