[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 682 Reported in Senate (RS)]






                                                       Calendar No. 523
106th CONGRESS
  2d Session
                                 S. 682

                          [Report No. 106-276]

  To implement the Hague Convention on Protection of Children and Co-
 operation in Respect of Intercountry Adoption, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1999

 Mr. Helms (for himself, Ms. Landrieu, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                             April 27, 2000

                Reported by Mr. Helms, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To implement 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Intercountry Adoption Convention Implementation Act of 
1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
           <DELETED>TITLE I--UNITED STATES CENTRAL AUTHORITY

<DELETED>Sec. 101. Performance of central authority functions.
<DELETED>Sec. 102. Authority of the Department of State.
<DELETED>Sec. 103. Responsibilities of the Secretary of State.
<DELETED>Sec. 104. Responsibilities of the Attorney General.
<DELETED>Sec. 105. Annual report on intercountry adoptions.
  <DELETED>TITLE II--ACCREDITATION OF PERSONS PROVIDING INTERCOUNTRY 
                           ADOPTION SERVICES

<DELETED>Sec. 201. Eligibility to provide intercountry adoption 
                            services.
<DELETED>Sec. 202. Accrediting entities.
<DELETED>Sec. 203. Eligibility for accreditation.
<DELETED>Sec. 204. Oversight of accreditation.
 <DELETED>TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                                 STATES

<DELETED>Sec. 301. Adoptions of children immigrating to the United 
                            States.
<DELETED>Sec. 302. Amendments of the Immigration and Nationality Act.
<DELETED>Sec. 303. Adoptions of children emigrating from the United 
                            States.
<DELETED>Sec. 304. Special rules for certain cases.
<DELETED>Sec. 305. Voiding of adoptions for cause.
<DELETED>Sec. 306. Recognition of Convention adoptions before entry 
                            into force of Convention for the United 
                            States.
           <DELETED>TITLE IV--ADMINISTRATION AND ENFORCEMENT

<DELETED>Sec. 401. Records; privacy provisions.
<DELETED>Sec. 402. Documents of other Convention countries.
<DELETED>Sec. 403. Authorization of appropriations; collection of fees.
<DELETED>Sec. 404. Enforcement.
                  <DELETED>TITLE V--GENERAL PROVISIONS

<DELETED>Sec. 501. Relation to other laws.
<DELETED>Sec. 502. No private right of action.
<DELETED>Sec. 503. Effective date; transition provisions.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress recognizes--</DELETED>
        <DELETED>    (1) the international character of the Convention, 
        and</DELETED>
        <DELETED>    (2) the need for uniform interpretation and 
        implementation of the Convention in the United States and 
        abroad,</DELETED>
<DELETED>and therefore finds that enactment of a Federal law governing 
intercountry adoptions subject to the Convention is 
necessary.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Accredited person.--The term ``accredited 
        person'' means a person (including an agency), not organized 
        for profit, that has been accredited in accordance with title 
        II to provide adoption services and to perform other functions 
        under the Convention.</DELETED>
        <DELETED>    (2) Accrediting entity.--The term ``accrediting 
        entity'' means an entity designated under section 
        202(a).</DELETED>
        <DELETED>    (3) Adoption services.--The term ``adoption 
        services'' means--</DELETED>
                <DELETED>    (A) identifying children for adoption and 
                arranging adoptions;</DELETED>
                <DELETED>    (B) securing necessary documentation of 
                consent to termination of parental rights and to 
                adoption;</DELETED>
                <DELETED>    (C) performing background studies on 
                children, home studies on prospective adoptive parents, 
                and reports of such studies;</DELETED>
                <DELETED>    (D) making determinations of the best 
                interests of the child and the appropriateness of 
                adoptive placement;</DELETED>
                <DELETED>    (E) counseling children and birth and 
                adoptive parents with respect to adoption;</DELETED>
                <DELETED>    (F) engaging in post-placement monitoring 
                of cases until final adoption; and</DELETED>
                <DELETED>    (G) if necessary because of disruption in 
                the adoption process, assuming custody of a child, and 
                providing child care or other social services, pending 
                an alternative placement of the child.</DELETED>
        <DELETED>    (4) Agency.--The term ``agency'' means any public 
        entity or private corporation, partnership, organization, or 
        other association.</DELETED>
        <DELETED>    (5) Attorney general.--The term ``Attorney 
        General'' means the Attorney General, acting through the 
        Commissioner of Immigration and Naturalization.</DELETED>
        <DELETED>    (6) Birth parent.--The term ``birth parent'' means 
        the biological mother and, where applicable under the law of 
        the place of birth of the child, the biological father of the 
        child who is the subject of an adoption.</DELETED>
        <DELETED>    (7) Central authority.--The term ``central 
        authority'' means the entity designated by any Convention 
        country under Article 6(1) of the Convention as having primary 
        responsibility for the discharge of the obligations of that 
        country under the Convention.</DELETED>
        <DELETED>    (8) Central authority function.--The term 
        ``central authority function'' means any duty required to be 
        carried out by a central authority under chapter III or IV of 
        the Convention.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Convention adoption.--The term ``Convention 
        adoption'' means, upon entry into force of the Convention in 
        the United States--</DELETED>
                <DELETED>    (A) an adoption (or prospective adoption) 
                of a child habitually resident in a foreign country 
                party to the Convention by a United States citizen; 
                or</DELETED>
                <DELETED>    (B) an adoption (or prospective adoption) 
                of a child habitually resident in the United States by 
                a person or persons residing in another Convention 
                country.</DELETED>
        <DELETED>    (11) Convention adoption record.--The term 
        ``Convention adoption record'' means any item, collection, or 
        grouping of information, including any index, 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 a final adoption 
        resulted) and that has been identified and retained in 
        accordance with section 401(a) by the Secretary of State or the 
        Attorney General.</DELETED>
        <DELETED>    (12) Convention country.--The term ``Convention 
        country'' means a country party to the Convention.</DELETED>
        <DELETED>    (13) Other convention country.--The term ``other 
        Convention country'' means a Convention country other than the 
        United States.</DELETED>
        <DELETED>    (14) Person.--The term ``person'' has the meaning 
        given the term in section 1 of title 1, United States 
        Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (16) 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.</DELETED>

      <DELETED>TITLE I--UNITED STATES CENTRAL AUTHORITY</DELETED>

<DELETED>SEC. 101. PERFORMANCE OF CENTRAL AUTHORITY 
              FUNCTIONS.</DELETED>

<DELETED>    All central authority functions of the United States shall 
be carried out by the Department of State and other officials of the 
United States specified in this Act.</DELETED>

<DELETED>SEC. 102. AUTHORITY OF THE DEPARTMENT OF STATE.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in this Act, 
for purposes of the Convention--</DELETED>
        <DELETED>    (1) the Department of State shall serve as the 
        central authority of the United States; and</DELETED>
        <DELETED>    (2) the Secretary of State shall serve as the head 
        of the central authority of the United States.</DELETED>
<DELETED>    (b) State Department Personnel Performing Central 
Authority Functions.--All personnel of the Department of State 
performing central authority functions in a professional capacity shall 
have 3 to 5 years of personal or professional experience in 
international adoptions.</DELETED>
<DELETED>    (c) Authority To Issue Regulations.--Except as otherwise 
provided in this Act, the Secretary of State may prescribe such 
regulations as may be necessary to carry out central authority 
functions on behalf of the United States.</DELETED>

<DELETED>SEC. 103. RESPONSIBILITIES OF THE SECRETARY OF 
              STATE.</DELETED>

<DELETED>    (a) Liaison Responsibilities.--The Secretary of State 
shall have primary responsibility for--</DELETED>
        <DELETED>    (1) liaison with the central authorities of other 
        Convention countries; and</DELETED>
        <DELETED>    (2) the coordination of activities under the 
        Convention by persons subject to the jurisdiction of the United 
        States.</DELETED>
<DELETED>    (b) Information Exchange.--The Secretary of State shall be 
responsible for--</DELETED>
        <DELETED>    (1) providing the central authorities of other 
        Convention countries with information concerning--</DELETED>
                <DELETED>    (A) persons accredited under title II, 
                persons whose accreditation is suspended or canceled, 
                and persons temporarily or permanently debarred from 
                accreditation;</DELETED>
                <DELETED>    (B) Federal and State laws relevant to 
                implementing the Convention; and</DELETED>
                <DELETED>    (C) any other matters necessary and 
                appropriate for implementation of the 
                Convention;</DELETED>
        <DELETED>    (2) providing Federal agencies, State courts, and 
        accredited persons with an identification of Convention 
        countries and persons authorized to perform functions under the 
        Convention in each such country;</DELETED>
        <DELETED>    (3) facilitating the transmittal of other 
        appropriate information to, and among, central authorities, 
        Federal and State agencies (including State courts), and 
        accredited persons; and</DELETED>
        <DELETED>    (4) taking other appropriate actions necessary to 
        implement the Convention.</DELETED>
<DELETED>    (c) Additional Responsibilities.--The Secretary of State--
</DELETED>
        <DELETED>    (1) shall monitor individual Convention adoption 
        cases involving United States citizens;</DELETED>
        <DELETED>    (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 
        person is unwilling or unable to provide such facilitation; 
        and</DELETED>
        <DELETED>    (3) may provide any other appropriate assistance 
        in other cases.</DELETED>
<DELETED>    (d) Establishment of Registry.--The Secretary of State and 
the Attorney General shall jointly establish a case registry on--
</DELETED>
        <DELETED>    (1) all adoptions involving immigration into the 
        United States, regardless of whether the adoption occurs under 
        the Convention; and</DELETED>
        <DELETED>    (2) all adoptions involving emigration of the 
        child from the United States to any other Convention 
        country.</DELETED>
<DELETED>Such registry shall permit tracking of pending cases and 
retrieval of information on both pending and closed cases.</DELETED>

<DELETED>SEC. 104. RESPONSIBILITIES OF THE ATTORNEY GENERAL.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 105. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.</DELETED>

<DELETED>    (a) Reports Required.--Beginning one year after the date 
of enactment of this Act, and every year thereafter, the Secretary of 
State shall submit a report to Congress describing the activities of 
the central authority of the United States under this Act during the 
preceding year.</DELETED>
<DELETED>    (b) Report Elements.--Each report under subsection (a) 
shall set forth with respect to the year concerned, the 
following:</DELETED>
        <DELETED>    (1) The number of adoptions involving immigration 
        to the United States, regardless of whether the adoption 
        occurred under the Convention, including the country from which 
        each child emigrated and the State to which each child 
        immigrated.</DELETED>
        <DELETED>    (2) The number of adoptions under the Convention, 
        including the country from which each child emigrated and the 
        State to which each child immigrated.</DELETED>
        <DELETED>    (3) The number of intercountry adoptions that were 
        disrupted, including the country from which the child 
        emigrated, the age of the child, the date of the adoption of 
        the child, the reason for the disruption, and the resolution of 
        the disruption.</DELETED>
        <DELETED>    (4) The names of the persons who possessed 
        accreditation to perform intercountry adoptions.</DELETED>
        <DELETED>    (5) The names of the persons who were debarred 
        from performing intercountry adoptions, and the reasons for the 
        debarrment.</DELETED>
        <DELETED>    (6) The average time required for completion of an 
        intercountry adoption.</DELETED>
        <DELETED>    (7) The number of intercountry adoptions that were 
        completed in the United States, and the number of adoptions 
        that were completed in each foreign country from which children 
        subject to such adoptions emigrated.</DELETED>
        <DELETED>    (8) The number of intercountry adoptions to the 
        United States that were found to be fraudulent.</DELETED>
        <DELETED>    (9) The average adoption fee for intercountry 
        adoptions to the United States set forth by country.</DELETED>
        <DELETED>    (10) The average adoption fee for intercountry 
        adoptions from the United States set forth by 
        country.</DELETED>
        <DELETED>    (11) The average fee for accreditation of persons 
        engaging in the provision of intercountry adoption 
        services.</DELETED>

  <DELETED>TITLE II--ACCREDITATION OF PERSONS PROVIDING INTERCOUNTRY 
                      ADOPTION SERVICES</DELETED>

<DELETED>SEC. 201. ELIGIBILITY TO PROVIDE INTERCOUNTRY ADOPTION 
              SERVICES.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in this 
title, no person may offer or provide adoption services in connection 
with a Convention adoption unless that person--</DELETED>
        <DELETED>    (1) is accredited by an accrediting entity in 
        accordance with this title; or</DELETED>
        <DELETED>    (2) is providing such services through or under 
        the supervision and responsibility of an accredited 
        person.</DELETED>
<DELETED>    (b) Exceptions.--Subsection (a) shall not apply to any of 
the following persons:</DELETED>
        <DELETED>    (1) Certain social work professionals and 
        organizations.--A social work professional or organization 
        conducting (and reporting on) home studies on prospective 
        adoptive parents or background studies on children in 
        connection with adoptions, but not arranging or otherwise 
        facilitating adoptions subject to the Convention.</DELETED>
        <DELETED>    (2) Entities providing child welfare services.--A 
        public or private entity intervening in a Convention adoption 
        to provide child welfare services, but not itself arranging or 
        facilitating the adoption.</DELETED>
        <DELETED>    (3) Attorneys providing legal services.--An 
        attorney providing legal services in connection with a 
        Convention adoption, but not arranging, either directly or 
        through agents, the adoption or otherwise providing adoption 
        services in connection with the adoption.</DELETED>
        <DELETED>    (4) Prospective adoptive parents acting on own 
        behalf.--Prospective adoptive parents when acting on their own 
        behalf, if they are permitted to do so under the law of the 
        State in which they reside.</DELETED>

<DELETED>SEC. 202. ACCREDITING ENTITIES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Designations of entities.--The Secretary of 
        State shall designate as accrediting entities, and enter into 
        agreements with, no more than five nonprofit private entities 
        that--</DELETED>
                <DELETED>    (A) have experience and expertise in 
                developing and administering international adoption 
                services and standards for entities providing child 
                welfare services; and</DELETED>
                <DELETED>    (B) meet such other criteria as the 
                Secretary may by regulation establish.</DELETED>
        <DELETED>    (2) Limitation.--An accrediting entity shall 
        undertake an accreditation strictly for intercountry adoption, 
        unless a person seeks additional program 
        accreditation.</DELETED>
<DELETED>    (b) Responsibilities of Accrediting Entities.--The 
responsibilities of accrediting entities shall include the 
following:</DELETED>
        <DELETED>    (1) Accreditation.--Accreditation of persons to 
        perform functions under the Convention, subject to section 
        203.</DELETED>
        <DELETED>    (2) Oversight.--Ongoing monitoring of the 
        compliance by accredited persons with applicable requirements, 
        including review of complaints against such persons in 
        accordance with procedures established by this Act and by such 
        accrediting entity and approved by the Secretary of 
        State.</DELETED>
        <DELETED>    (3) Enforcement.--Imposition of administrative 
        remedies, including requirements for corrective action, and 
        sanctions for noncompliance, including refusal to renew, or the 
        suspension or cancellation of, accreditation.</DELETED>
        <DELETED>    (4) Data, records, and reports.--Collecting data, 
        maintaining records, and making reports to the Secretary of 
        State, State courts, and other entities (including reports on 
        persons granted or denied accreditation).</DELETED>
<DELETED>    (c) Remedies for Accrediting Entity's Adverse Action.--
</DELETED>
        <DELETED>    (1) In general.--In any case where an accrediting 
        entity denies, suspends, or cancels the accreditation of a 
        person under this title, mandates corrective action, or takes 
        other adverse action, the accrediting entity shall specify the 
        deficiencies on which the adverse action was based, and 
        paragraphs (2), (3), and (4) shall apply with respect to 
        remedies.</DELETED>
        <DELETED>    (2) Correction of deficiency and reapplication.--
        The person that is the subject of the adverse action shall be 
        permitted to reapply for accreditation (or to petition for 
        termination of any other sanction applied) upon demonstrating 
        to the satisfaction of the accrediting entity that the 
        deficiencies have been corrected.</DELETED>
        <DELETED>    (3) Judicial review.--The person that is the 
        subject of the adverse action may petition the United States 
        district court in the judicial district in which such person 
        resides to set aside the action, but only upon clear and 
        convincing proof that the action was not supported by 
        substantial evidence or that the accrediting entity abused its 
        discretion.</DELETED>
        <DELETED>    (4) No federal administrative review.--An adverse 
        action by the accrediting entity shall not be reviewable by the 
        Secretary of State or any other Federal agency or 
        administrative entity.</DELETED>
<DELETED>    (d) Fees.--</DELETED>
        <DELETED>    (1) Authority to assess.--Accrediting entities are 
        authorized to assess fees in amounts approved by the Secretary 
        of State against persons seeking or maintaining accreditation 
        for the purposes of intercountry adoptions.</DELETED>
        <DELETED>    (2) Fee amounts.--The Secretary of State may 
        approve fees to be assessed under paragraph (1) that do not 
        exceed the amount estimated to be necessary to cover all direct 
        or indirect costs of accreditation and ongoing oversight by the 
        accrediting entity with regard to Convention cases. Fees 
        established under this section shall reflect, to the maximum 
        extent practicable, the extent to which overall costs of 
        accrediting persons varies in relation to the volume of 
        Convention adoption cases a person handles.</DELETED>
        <DELETED>    (3) Limitation.--An accrediting entity shall not 
        provide discounted fees for certain persons for accreditation 
        for purposes of intercountry adoption.</DELETED>

<DELETED>SEC. 203. ELIGIBILITY FOR ACCREDITATION.</DELETED>

<DELETED>    (a) Establishment of Standards.--</DELETED>
        <DELETED>    (1) Issuance of regulations.--The Secretary of 
        State shall establish by regulation standards and procedures to 
        be used by accrediting entities for the accreditation of 
        persons for the purpose of arranging Convention 
        adoptions.</DELETED>
        <DELETED>    (2) Standard-setting process.--In establishing 
        standards and procedures under this section, the Secretary of 
        State--</DELETED>
                <DELETED>    (A) shall consider 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; 
                and</DELETED>
                <DELETED>    (B) may adopt, after opportunity for 
                public comment, all or part of any standards or 
                procedures developed or proposed by such individuals or 
                entities.</DELETED>
<DELETED>    (b) Requirements for Accreditation.--</DELETED>
        <DELETED>    (1) Conditions for accreditation.--Except as the 
        Secretary of State may by regulation otherwise provide, each 
        person seeking accreditation under this title with respect to 
        intercountry adoption services shall satisfy the following 
        requirements:</DELETED>
                <DELETED>    (A) Specific requirements.--To agree as 
                follows:</DELETED>
                        <DELETED>    (i) To provide persons who would 
                        be the adoptive parents of a child in a 
                        prospective Convention adoption a copy in 
                        English of the medical records of the child not 
                        later than the earlier of 2 weeks before the 
                        adoption or the date on which the persons 
                        travel to a foreign country to finalize the 
                        adoption.</DELETED>
                        <DELETED>    (ii) To provide the persons a 
                        training program that includes at least 6 weeks 
                        of counseling and guidance before the parents 
                        travel to a foreign country to finalize the 
                        adoption.</DELETED>
                        <DELETED>    (iii) To employ personnel 
                        providing intercountry adoption services on a 
                        fee-for-service basis rather than on a 
                        contingent-arrangement basis.</DELETED>
                        <DELETED>    (iv) To have in force adequate 
                        liability insurance for professional negligence 
                        and any other insurance that the Secretary 
                        considers appropriate.</DELETED>
                        <DELETED>    (v) To permit open examination of 
                        the person's practices, including the 
                        disruption rates of intercountry adoptions 
                        facilitated by the person and the fees charged 
                        by the person for intercountry 
                        adoptions.</DELETED>
                <DELETED>    (B) Capacity to perform all assigned 
                functions.--To have, either directly or through 
                arrangements with other qualified persons, qualified 
                personnel, financial resources, an organizational 
                structure, and appropriate procedures sufficient to 
                enable it to perform, in a manner consistent with 
                applicable standards, all functions under the 
                Convention which it is seeking authority to perform in 
                accordance with this Act (including the counseling of 
                individuals involved in intercountry adoptions and the 
                assumption of custodial and financial responsibility 
                for children in cases where a placement disrupts before 
                final adoption).</DELETED>
                <DELETED>    (C) Utilization of social service 
                professionals.--To have 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.</DELETED>
                <DELETED>    (D) Records, reports, and information 
                matters.--To provide for the maintenance of such 
                records and to make such reports as may be required by 
                the Secretary of State and the designated accrediting 
                entity; to cooperate with reviews, inspections, and 
                audits; to safeguard sensitive individual information; 
                and to comply with other requirements concerning 
                information management necessary to ensure compliance 
                with the Convention, this Act, and any other applicable 
                laws.</DELETED>
                <DELETED>    (E) Compliance with convention.--To 
                establish adequate measures to comply (and to ensure 
                compliance of their agents and clients) with the 
                Convention, this Act, and all other applicable laws, 
                particularly with provisions concerning fraud, improper 
                inducement, and similarly egregious acts.</DELETED>
        <DELETED>    (2) Additional conditions for accreditation.--No 
        person shall be accredited under this title unless such person 
        is a private organization, not organized for profit, and 
        licensed to provide adoption services in at least one 
        State.</DELETED>

<DELETED>SEC. 204. OVERSIGHT OF ACCREDITATION.</DELETED>

<DELETED>    (a) Oversight of Accrediting Entities.--The Secretary of 
State shall--</DELETED>
        <DELETED>    (1) monitor each accrediting entity's performance 
        of its functions under section 202 and its compliance with the 
        requirements of the Convention, this Act, other applicable 
        laws, and implementing regulations; and</DELETED>
        <DELETED>    (2) suspend or cancel the designation of an entity 
        found to be substantially out of compliance with the 
        Convention, this Act, other applicable laws, or implementing 
        regulations.</DELETED>
<DELETED>    (b) Debarment.--</DELETED>
        <DELETED>    (1) Secretary's authority.--The Secretary of State 
        may, on the Secretary's own initiative or upon request by an 
        accrediting entity, order the temporary or permanent debarment 
        of a person from accreditation for purposes of intercountry 
        adoptions if there is no possibility for timely mediation and--
        </DELETED>
                <DELETED>    (A) there is substantial evidence that the 
                person is out of compliance with applicable 
                requirements;</DELETED>
                <DELETED>    (B) there has been a pattern of serious, 
                willful, or grossly negligent failures to comply or 
                other aggravating circumstances indicating that renewal 
                of accreditation would not be in the best interests of 
                the children and families concerned; or</DELETED>
                <DELETED>    (C) actions by a person impact adversely 
                important national interests of the United 
                States.</DELETED>
        <DELETED>    (2) Period of debarment.--The debarment order of 
        the Secretary of State 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 which date the person may apply to 
        the Secretary who ordered the debarment for withdrawal of the 
        debarment.</DELETED>
        <DELETED>    (3) Effect of debarment.--In the case of a person 
        that has been debarred pursuant to this subsection, the 
        accrediting entity may take the circumstances of such debarment 
        into account in considering any subsequent application for 
        accreditation of the person or of any other person in which the 
        person has an ownership or control interest, notwithstanding 
        that the period of debarment has elapsed.</DELETED>
<DELETED>    (c) Judicial Review of Secretary's Decisions.--</DELETED>
        <DELETED>    (1) Review by federal district court.--A person 
        (other than a prospective adoptive parent, person, or 
        accrediting entity adversely affected by a final determination 
        of the Secretary of State under this title with respect to the 
        designation of an accrediting entity, or the accreditation of a 
        person) may obtain review of such determination by the United 
        States District Court for the District of Columbia, or in the 
        United States district court in the judicial district in which 
        such person or accrediting entity resides.</DELETED>
        <DELETED>    (2) Standard of review.--A determination by the 
        Secretary of State under paragraph (1) may be set aside only if 
        the person adversely affected by the Secretary's final 
        determination presents clear and convincing proof of abuse of 
        discretion by the Secretary.</DELETED>
        <DELETED>    (3) Preclusion of judicial review of secretary of 
        state determinations.--A determination by the Secretary of 
        State on foreign policy grounds is not subject to judicial 
        review.</DELETED>

 <DELETED>TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                            STATES</DELETED>

<DELETED>SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) Legal Effect of Adoptions Finalized in the United 
States.--</DELETED>
        <DELETED>    (1) Issuance of certificates by the secretary of 
        state.--Pursuant to Article 23 of the Convention, 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--</DELETED>
                <DELETED>    (A) receives appropriate notification from 
                the central authority of such child's country of 
                origin; and</DELETED>
                <DELETED>    (B) has verified that the requirements of 
                this Act have been met.</DELETED>
        <DELETED>    (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, except as 
        provided in section 305, and shall constitute the certification 
        required by section 204(d)(2) of the Immigration and 
        Nationality Act, as amended by this Act.</DELETED>
<DELETED>    (b) Legal Effect of Adoptions Finalized in Other 
Convention Countries.--The final adoption in any other Convention 
country, certified by the Secretary of State pursuant to subsection (a) 
or section 303(d) of this Act, shall be recognized as a final, valid 
adoption for the purposes of all Federal, State, and local laws of the 
United States, and shall be accorded the same legal effect as the final 
adoption of a child in the State where such United States citizens 
reside or are domiciled.</DELETED>
<DELETED>    (c) Condition on Finalization of Convention Adoptions by 
State Courts.--In the case of a child who has been admitted to the 
United States from any other Convention country for the purpose of 
adoption, a State court shall not have authority to issue an order 
declaring the adoption final unless the Secretary of State has issued 
the certificate described in subsection (b).</DELETED>

<DELETED>SEC. 302. AMENDMENTS OF THE IMMIGRATION AND NATIONALITY 
              ACT.</DELETED>

<DELETED>    (a) Definition of ``Child''.--Section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of subparagraph 
        (E);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (F) and inserting ``; or'';</DELETED>
        <DELETED>    (3) in subparagraphs (E) and (F), by inserting 
        ``except as provided in subparagraph (G),'' before ``a child'' 
        each place it appears; and</DELETED>
        <DELETED>    (4) by adding after subparagraph (F) the following 
        new subparagraph:</DELETED>
                <DELETED>    ``(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 
                country that is a party to the Convention on Protection 
                of Children and Co-operation in Respect of Intercountry 
                Adoption, or who is emigrating from such a foreign 
                country to be adopted in the United States by at least 
                one United States citizen and the citizen's spouse 
                jointly, or by an unmarried United States citizen at 
                least 25 years of age, if--</DELETED>
                        <DELETED>    ``(i) the Attorney General is 
                        satisfied that proper care will be furnished 
                        the child if admitted to the United 
                        States,</DELETED>
                        <DELETED>    ``(ii) in a case in which required 
                        by the country of the child's habitual 
                        residence, the child's birth parents, or other 
                        persons or institutions that retain legal 
                        custody of the child, have freely given their 
                        written irrevocable consent to the termination 
                        of their relationship with the child,</DELETED>
                        <DELETED>    ``(iii) in the case of a child who 
                        has not been adopted, 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 
                        parents,</DELETED>
                        <DELETED>    ``(iv) the child is not the 
                        grandchild, niece, nephew, brother, sister, 
                        aunt, uncle, or first cousin of any of the 
                        adopting parents, unless--</DELETED>
                                <DELETED>    ``(I) the child has no 
                                living mother because of the death or 
                                disappearance of, abandonment or 
                                desertion by, or separation from or 
                                loss of the child's mother; 
                                or</DELETED>
                                <DELETED>    ``(II) the father is 
                                unknown, or was not married to the 
                                child's mother on the date of the 
                                child's birth, or is incapable of 
                                providing the proper care for the child 
                                and has in writing irrevocably released 
                                the child for emigration and adoption, 
                                and</DELETED>
                        <DELETED>    ``(v) the prospective adoptive 
                        parent or married husband and wife have 
                        complied with any adoption requirements of the 
                        child's proposed State of residence,</DELETED>
        <DELETED>except, that no birth parent or former adoptive parent 
        of any such adopted child shall thereafter, by virtue of such 
        parentage, be accorded any right, privilege, or status under 
        this Act.''.</DELETED>
<DELETED>    (b) Approval of Petitions.--Section 204(d) of the 
Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``(d)'' and inserting ``(d)(1)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(2) No petition may be approved under subsection (a) on 
behalf of an alien child who seeks to be accorded immediate relative 
status as a child defined under section 101(b)(1)(G), unless the 
Secretary of State has certified to the Attorney General that the 
central authority of the child's country of origin has notified the 
United States Central Authority under the Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption done at 
The Hague on May 29, 1993, that a United States citizen domiciled 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 the Convention and the Intercountry 
Adoption Act.''.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 101(b)(2) of that Act 
(8 U.S.C. 1101(b)(2)) is amended by inserting ``and paragraph (1)(G) 
(other than for purposes of the exception therein)'' after ``second 
proviso therein)''.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall apply with respect to petitions for classification under section 
204 of the Immigration and Nationality Act filed on or after the date 
of enactment of this Act.</DELETED>

<DELETED>SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED 
              STATES.</DELETED>

<DELETED>    (a) Covered Cases.--This section shall apply in any case 
in which a child residing in the United States is sought for adoption 
in any other Convention country.</DELETED>
<DELETED>    (b) Responsibilities of Accredited Persons.--In any case 
described in subsection (a), the accredited person that is providing 
adoption services in such a case, or the prospective adoptive parents 
acting on their own behalf, if permitted by the laws of the Convention 
country in which they reside and the laws of the State in which the 
child resides, shall have the following responsibilities:</DELETED>
        <DELETED>    (1) Provide a written documentation of the 
        following:</DELETED>
                <DELETED>    (A) A background study on the child that 
                meets the standards of the State court with 
                jurisdiction over the child has been 
                completed.</DELETED>
                <DELETED>    (B) The child will be adopted by a married 
                man and woman.</DELETED>
                <DELETED>    (C) Twelve months have elapsed since the 
                person made efforts to place the child in the United 
                States.</DELETED>
                <DELETED>    (D) A determination has been made, in 
                accordance with section 107 of Public Law 105-89 that 
                the child cannot be placed in the United 
                States.</DELETED>
                <DELETED>    (E) A determination has been made that 
                placement with the prospective parents is in the best 
                interests of the child.</DELETED>
        <DELETED>    (2) Furnish to State courts with the jurisdiction 
        over adoption cases described in subsection (a) the following 
        information and documents:</DELETED>
                <DELETED>    (A) Documentation of the matters described 
                in paragraph (1).</DELETED>
                <DELETED>    (B) The background report (home study) on 
                the prospective adoptive parent or parents prepared in 
                accordance with the laws of the receiving 
                country.</DELETED>
                <DELETED>    (C) A background report compatible with 
                the laws of the State with jurisdiction.</DELETED>
                <DELETED>    (D) A declaration by the central authority 
                (or other competent authority) of the receiving 
                country--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) that the central authority or 
                        other competent authority of the receiving 
                        country consents to the adoption, if such 
                        consent is necessary under its laws.</DELETED>
        <DELETED>    (3) Furnish to the Secretary of State--</DELETED>
                <DELETED>    (A) official copies of State court orders 
                certifying the final adoption or grant of custody for 
                the purpose of adoption;</DELETED>
                <DELETED>    (B) the information and documents 
                described in paragraph (2); and</DELETED>
                <DELETED>    (C) any other information concerning the 
                case required by the Secretary of State to perform the 
                functions specified in subsection (d) or otherwise to 
                carry out its responsibilities under the 
                Convention.</DELETED>
<DELETED>    (c) Conditions on State Court Orders.--An order by a State 
court certifying an adoption as final or granting custody for the 
purpose of adoption in a case described in subsection (a) shall not be 
recognized by the Secretary of State or the Attorney General for 
purposes of intercountry adoption unless the court--</DELETED>
        <DELETED>    (1) has received and verified to the extent it may 
        find necessary--</DELETED>
                <DELETED>    (A) the information and documentation 
                specified in section (b)(2); and</DELETED>
                <DELETED>    (B) satisfactory evidence that the 
                requirements of Article 4 and Articles 15 through 21 of 
                the Convention have been satisfied; and</DELETED>
        <DELETED>    (2) has determined that the adoptive placement is 
        in the child's best interests.</DELETED>
<DELETED>    (d) Responsibility of the Secretary of State.--In each 
case described in subsection (a), the Secretary of State, upon receipt 
and verification as necessary of the information and documents 
described in subsection (b)(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.</DELETED>
<DELETED>    (e) Requirements Under State Law.--In cases described in 
subsection (a), States may impose additional responsibilities and 
requirements, not inconsistent with the provisions of this section, 
upon accredited persons and prospective adoptive parents acting on 
their own behalf.</DELETED>

<DELETED>SEC. 304. SPECIAL RULES FOR CERTAIN CASES.</DELETED>

<DELETED>    To the extent consistent with the Convention, the 
Secretary of State shall establish by regulation--</DELETED>
        <DELETED>    (1) alternative procedures for the adoption of 
        children by individuals related to them by blood or marriage; 
        and</DELETED>
        <DELETED>    (2) procedures permitting exceptions to applicable 
        requirements, and waiving penalties for noncompliance, in the 
        case of unintentional or harmless failures to comply with the 
        requirements of the Convention, this Act, or implementing 
        regulations issued under this Act.</DELETED>

<DELETED>SEC. 305. VOIDING OF ADOPTIONS FOR CAUSE.</DELETED>

<DELETED>    (a) Voiding Adoptions by State Courts.--In addition to any 
remedies available under State law, a final decree entered with respect 
to a Convention adoption may be vacated by a State court if--</DELETED>
        <DELETED>    (1) the decree was granted by a State 
        court;</DELETED>
        <DELETED>    (2) the court finds clear and convincing evidence 
        that--</DELETED>
                <DELETED>    (A) the consent of a birth parent or, in 
                the absence thereof, the consent of a biological 
                relative if required by State law, to termination of 
                parental rights or to the adoption was not obtained, or 
                was obtained as a result of fraud, duress, or improper 
                inducement; or</DELETED>
                <DELETED>    (B) consent of an adoptive parent to the 
                adoption was obtained by fraud which such parent did 
                not and could not reasonably have been expected to 
                discover;</DELETED>
        <DELETED>    (3) voiding the adoption is in the best interests 
        of the child, taking into consideration the wishes of the child 
        as appropriate given his or her age;</DELETED>
        <DELETED>    (4) less than two years have passed since the 
        adoptive parents obtained custody of the child; and</DELETED>
        <DELETED>    (5) the adoptive parents are afforded an 
        opportunity to be heard in the proceeding.</DELETED>
<DELETED>    (b) Recognition of Any Other Convention Country's 
Proceeding Vacating Adoptions Covered by the Convention.--Whenever the 
competent authorities of any other Convention country notify the 
Secretary of State that--</DELETED>
        <DELETED>    (1) the authorities have vacated an adoption 
        decree originally made in that country pursuant to the 
        Convention; and</DELETED>
        <DELETED>    (2) the decree has been vacated in accordance with 
        the standards established in paragraphs (2) through (5) of 
        subsection (a),</DELETED>
<DELETED>the decision to void such a decree shall be recognized as 
valid and given full effect in the United States.</DELETED>
<DELETED>    (c) Voiding of Adoption Not Voiding Child's 
Naturalization.--If a court of competent jurisdiction voids an adoption 
decree in accordance with subsection (a) or (b), such action does not 
void or prohibit the naturalization of the child as a citizen of the 
United States. Nothing in this subsection limits the Attorney General's 
authority under title III of the Immigration and Nationality Act to 
revoke the naturalization of such a child or to limit the Attorney 
General's discretion to consider a finding of fact by a State court 
that is relevant to such a determination.</DELETED>

<DELETED>SEC. 306. RECOGNITION OF CONVENTION ADOPTIONS BEFORE ENTRY 
              INTO FORCE OF CONVENTION FOR THE UNITED STATES.</DELETED>

<DELETED>    Subject to Article 24 of the Convention, any adoption 
concluded between two Convention countries that satisfies 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.</DELETED>

      <DELETED>TITLE IV--ADMINISTRATION AND ENFORCEMENT</DELETED>

<DELETED>SEC. 401. RECORDS; PRIVACY PROVISIONS.</DELETED>

<DELETED>    (a) Maintenance of Convention Adoption Records.--The 
Secretary of State and the Attorney General shall establish procedures 
consistent with the requirements of Articles 30 and 31 of the 
Convention for the retention and identification of Convention adoption 
records.</DELETED>
<DELETED>    (b) Disclosure of and Access to Identifying Information.--
</DELETED>
        <DELETED>    (1) Consent required.--Except as provided in 
        subsection (d), identifying information contained in Convention 
        adoption records shall not be disclosed.</DELETED>
        <DELETED>    (2) Application of privacy act.--</DELETED>
                <DELETED>    (A) An individual, or an individual's 
                parent or guardian, who would otherwise have a right to 
                access any Convention adoption record pursuant to 
                section 552a of title 5, United States Code, shall have 
                such right with respect to identifying information in 
                such a record only to the extent that such right is not 
                restricted by this section.</DELETED>
                <DELETED>    (B) Disclosure of identifying information 
                in any Convention adoption record shall be subject to 
                any restrictions that may be imposed by section 552a of 
                title 5, United States Code, and shall also be subject 
                to any restrictions imposed by this section.</DELETED>
        <DELETED>    (3) No disclosure to child under 18.--A child who 
        is the subject of a Convention adoption record shall not be 
        afforded access to identifying information in such record, and 
        such information shall not be disclosed to such child, unless 
        the child has reached the age of 18 years.</DELETED>
<DELETED>    (c) Freedom of Information Act Exemption.--Information 
contained in records of the Department of State and the Immigration and 
Naturalization Service relating to adoption cases subject to the 
Convention shall not be disclosed to any person pursuant to section 552 
of title 5, United States Code.</DELETED>
<DELETED>    (d) Disclosure for Purposes of Administration of the 
Convention.--Information in Convention adoption records may be 
disclosed by the Department of State, any official of the United States 
exercising central authority functions, any accredited person if 
necessary to administer the Convention or this Act.</DELETED>
<DELETED>    (e) Identifying Information Defined.--In this section, the 
term ``identifying information'' means any information contained in an 
adoption record other than information relating to the health, social, 
or genetic background of the child, and which does not specifically 
identify the child, as prescribed by regulation by the Secretary of 
Health and Human Services, in consultation with the Secretary of State 
and the Attorney General.</DELETED>

<DELETED>SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES.</DELETED>

<DELETED>    Documents originating in any other Convention country and 
related to a Convention adoption case shall require no authentication 
or legalization 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.</DELETED>

<DELETED>SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF 
              FEES.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Availability of funds.--Amounts appropriated 
        pursuant to paragraph (1) are authorized to remain available 
        until expended.</DELETED>
<DELETED>    (b) Assessment of Fees.--</DELETED>
        <DELETED>    (1) The Secretary of State may charge a fee 
        prescribed by regulation to cover the costs of new or enhanced 
        services that will be undertaken by the Department of State to 
        meet the requirements of this Act.</DELETED>
        <DELETED>    (2) Fees collected under paragraph (1) shall be 
        deposited as an offsetting collection to any Department of 
        State appropriation to recover the costs of providing such 
        services.</DELETED>
        <DELETED>    (3) The provisions of the Act of August 18, 1856 
        (Revised Statutes Sec. Sec. 1726-28; 22 U.S.C. Sec. Sec. 4212-
        14), concerning accounting for consular fees, shall not apply 
        to fees collected under this subsection.</DELETED>
        <DELETED>    (4) Fees authorized under this section shall be 
        collected and available for obligation only to the extent and 
        in the amount provided in advance in appropriations 
        Acts.</DELETED>
<DELETED>    (c) Restriction.--No funds may be made available to an 
accrediting entity to carry out the purposes of this Act.</DELETED>

<DELETED>SEC. 404. ENFORCEMENT.</DELETED>

<DELETED>    (a) Civil Penalties.--Any person that--</DELETED>
        <DELETED>    (1) provides adoption services in the United 
        States to facilitate a Convention adoption without appropriate 
        accreditation in accordance with title II,</DELETED>
        <DELETED>    (2) makes a false or fraudulent statement or 
        misrepresentation of material fact, or offers, gives, solicits 
        or accepts improper inducement intended to influence or 
        affect--</DELETED>
                <DELETED>    (A) decisions concerning the accreditation 
                of persons to perform adoption services and central 
                authority functions under this Act,</DELETED>
                <DELETED>    (B) the relinquishment of parental rights 
                or parental consent relating to the adoption of a child 
                within the scope of this Act, or</DELETED>
                <DELETED>    (C) the decisions or actions of persons 
                and entities performing central authority functions 
                pursuant to the Convention and this Act,</DELETED>
        <DELETED>    (3) makes a disclosure of information not 
        authorized by section 401(d) or to a person not authorized to 
        receive the information under that section, or</DELETED>
        <DELETED>    (4) engages in coercive action to gain consent to 
        termination of parental rights or to adoption,</DELETED>
<DELETED>shall be subject, in addition to any other penalties that may 
be prescribed by law, to a civil money penalty of not more than $5,000 
for a first violation, and not more than $10,000 for each succeeding 
violation.</DELETED>
<DELETED>    (b) Enforcement.--</DELETED>
        <DELETED>    (1) Coordination with attorney general.--The 
        Secretary of State may impose a civil money penalty under 
        subsection (a) pursuant to such procedures as may be agreed 
        upon by the Secretary and the Attorney General.</DELETED>
        <DELETED>    (2) Notice and hearing.--No penalty shall be 
        assessed under this section until the person charged has been 
        given written notice and an opportunity to respond.</DELETED>
        <DELETED>    (3) Factors considered in imposing penalty.--In 
        determining the amount of the penalty, the gravity of the 
        violation, the degree of culpability, and the history of prior 
        violations, if any, shall be considered.</DELETED>
<DELETED>    (c) Criminal Penalties.--Whoever knowingly and willfully 
commits a violation specified in subsection (a)(2) shall be subject to 
a fine of not more than $10,000, or imprisonment for not more than one 
year, or both.</DELETED>

             <DELETED>TITLE V--GENERAL PROVISIONS</DELETED>

<DELETED>SEC. 501. RELATION TO OTHER LAWS.</DELETED>

<DELETED>    (a) Limited Preemption.--No provision of Federal, State, 
or local law shall be considered preempted by the Convention, this Act, 
or implementing regulations unless specified in this Act.</DELETED>
<DELETED>    (b) Indian Child Welfare Act.--Nothing in this Act or in 
the Convention is inconsistent with or modifies the provisions of the 
Indian Child Welfare Act (25 U.S.C. 1901 et seq.) concerning custody 
and placement of children subject to that Act.</DELETED>
<DELETED>    (c) State Licensing Laws.--Nothing in the Convention or 
this Act precludes any State from requiring that a person or entity be 
licensed by the State as a condition of providing adoption-related 
services.</DELETED>

<DELETED>SEC. 502. NO PRIVATE RIGHT OF ACTION.</DELETED>

<DELETED>    Nothing in the Convention or this Act creates a private 
right of action to seek administrative or judicial relief, except to 
the extent specifically provided.</DELETED>

<DELETED>SEC. 503. EFFECTIVE DATE; TRANSITION PROVISIONS.</DELETED>

<DELETED>    (a) Effective Date.--</DELETED>
        <DELETED>    (1) Provisions effective upon enactment.--Except 
        as provided in paragraph (2), this Act shall take effect upon 
        its date of enactment.</DELETED>
        <DELETED>    (2) Provisions effective upon the convention's 
        entry into force.--Subject to the provisions of subsection (b), 
        sections 104, 202, 402, and 404 and titles III and IV shall 
        take effect upon the date of entry into force of the Convention 
        for the United States pursuant to Article 46(2)(a) of the 
        Convention, and shall govern Convention adoptions made final 
        thereafter.</DELETED>
<DELETED>    (b) Transition Provisions.--</DELETED>
        <DELETED>    (1) Adoptions in process on effective date.--The 
        Convention and this Act shall not apply--</DELETED>
                <DELETED>    (A) 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 such 
                child is filed before the effective date specified in 
                subsection (a); or</DELETED>
                <DELETED>    (B) in the case of a child emigrating from 
                the United States, if the prospective adoptive parents 
                initiated the adoption process in their country of 
                residence with the filing of an appropriate application 
                before the effective date of this Act.</DELETED>

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) 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
            (3) 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 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 entity.--In paragraph (1), the term 
        ``qualified entity'' means 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.
    (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 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.
                            (iii) The agency employs personnel 
                        providing intercountry adoption services on a 
                        fee for service basis rather than on a 
                        contingent fee basis.
                            (iv) 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 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--
            (1) is licensed in the State in which it is located and is 
        a non-profit agency;
            (2) has been providing adoption services in connection with 
        intercountry adoptions for at least 5 years;
            (3) has provided adoption services in fewer than 20 
        intercountry adoptions in the preceding calendar year;
            (4) 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;
            (5) has initiated the process of becoming accredited under 
        the provisions of this Act and is actively taking steps to 
        become an accredited agency; and
            (6) 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. The court shall review the action in 
accordance with section 706 of title 5, United States Code.

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 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) the child is not the grandchild, 
                        niece, nephew, brother, sister, aunt, uncle, or 
                        first cousin of one or both of the adopting 
                        parents, unless--
                                    ``(aa) the child has no living 
                                parents because of the death or 
                                disappearance of, abandonment or 
                                desertion by, separation from, or loss 
                                of, both parents; or
                                    ``(bb) the sole or surviving parent 
                                is incapable of providing the proper 
                                care for the child and has in writing 
                                irrevocably released the child for 
                                emigration and adoption; and
                            ``(IV) 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 of 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).
                                                       Calendar No. 523

106th CONGRESS

  2d Session

                                 S. 682

                          [Report No. 106-276]

_______________________________________________________________________

                                 A BILL

  To implement the Hague Convention on Protection of Children and Co-
 operation in Respect of Intercountry Adoption, and for other purposes.

_______________________________________________________________________

                             April 27, 2000

                       Reported with an amendment