[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,

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 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.

      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 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)''.

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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.