[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 3031

   To provide for the reform of intercountry adoption, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2004

   Mr. Nickles (for himself, Ms. Landrieu, Mr. Craig, and Mr. Inhofe) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for the reform of intercountry adoption, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intercountry Adoption Reform Act of 
2004'' or the ``ICARE Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) That a child, for the full and harmonious development 
        of his or her personality, should grow up in a family 
        environment, in an atmosphere of happiness, love, and 
        understanding.
            (2) That intercountry adoption may offer the advantage of a 
        permanent family to a child for whom a suitable family cannot 
        be found in his or her country of origin.
            (3) There has been a significant growth in intercountry 
        adoptions. In 1990, Americans adopted 7,093 children from 
        abroad. In 2001, they adopted 19,237 children from abroad.
            (4) Americans increasingly seek to create or enlarge their 
        families through intercountry adoptions.
            (5) There are many children worldwide that are without 
        permanent homes.
            (6) In the interest of children without a permanent family 
        and the United States citizens who are waiting to bring them 
        into their families, reforms are needed in the intercountry 
        adoption process used by United States citizens.
            (7) Before adoption, each child should have the benefit of 
        measures taken to ensure that intercountry adoption is in his 
        or her best interests and prevents the abduction, selling, or 
        trafficking of children.
            (8) In addition, Congress recognizes that foreign born 
        adopted children do not make the decision whether to immigrate 
        to the United States. They are being chosen by Americans to 
        become part of their immediate families.
            (9) As such these children should not be classified as 
        immigrants in the traditional sense. Once fully and finally 
        adopted, they should be treated as children of United States 
        citizens.
            (10) Since a child who is fully and finally adopted is 
        entitled to the same rights, duties, and responsibilities as a 
        biological child, the law should reflect such equality.
            (11) Therefore, foreign born adopted children of United 
        States citizens should be accorded the same procedural 
        treatment as biological children born abroad to a United States 
        citizen.
            (12) If a United States citizen can confer citizenship to a 
        biological child born abroad, then the same citizen is entitled 
        to confer such citizenship to their legally and fully adopted 
        foreign born child immediately upon final adoption.
            (13) If a United States citizen cannot confer citizenship 
        to a biological child born abroad, then such citizen cannot 
        confer citizenship to their legally and fully adopted foreign 
        born child, except through the naturalization process.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that intercountry adoptions take place in the 
        best interests of the child;
            (2) to ensure that foreign born children adopted by United 
        States citizens will be treated identically to a biological 
        child born abroad to the same citizen parent; and
            (3) to improve the intercountry adoption process by making 
        it more citizen friendly and focused on the protection of the 
        child.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adoptable child.--The term ``adoptable child'' has the 
        same meaning given such term in section 101(c)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as added 
        by section 204(a) of this Act.
            (2) Ambassador at large.--The term ``Ambassador at Large'' 
        means the Ambassador at Large for Intercountry Adoptions 
        appointed to head the Office pursuant to section 101(b).
            (3) Competent authority.--The term ``competent authority'' 
        means the entity or entities authorized by the law of the 
        child's country of residence to engage in permanent placement 
        of children who are no longer in the legal or physical custody 
        of their biological parents.
            (4) 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.
            (5) Full and final adoption.--The term ``full and final 
        adoption'' means an adoption--
                    (A) that is completed according to the laws of the 
                child's country of residence or the State law of the 
                parent's residence;
                    (B) under which a person is granted full and legal 
                custody of the adopted child;
                    (C) that has the force and effect of severing the 
                child's legal ties to the child's biological parents;
                    (D) under which the adoptive parents meet the 
                requirements of section 205; and
                    (E) under which the child has been adjudicated to 
                be an adoptable child in accordance with section 206.
            (6) Office.--The term ``Office'' means the Office of 
        Intercountry Adoptions established under section 101(a).
            (7) Readily approvable.--A petition or certification is 
        considered ``readily approvable'' if the documentary support 
        provided demonstrates that the petitioner satisfies the 
        eligibility requirements and no additional information or 
        investigation is necessary.

           TITLE I--ADMINISTRATION OF INTERCOUNTRY ADOPTIONS

                         Subtitle A--In General

SEC. 101. OFFICE OF INTERCOUNTRY ADOPTIONS.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, there is to be established within the Department 
of State, an Office of Intercountry Adoptions which shall be headed by 
the Ambassador at Large for Intercountry Adoptions who shall be 
appointed pursuant to subsection (b).
    (b) Ambassador at Large.--
            (1) Appointment.--The Ambassador at Large shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate, from among individuals who have background, 
        experience, and training in intercountry adoptions, taking care 
        to ensure that the individual who serves as Ambassador is free 
        from any conflicts of interest that might inhibit such 
        individual's ability to serve as Ambassador.
            (2) Authority.--The Ambassador at Large shall report 
        directly to the Secretary of State, in consultation with the 
        Assistant Secretary for Consular Affairs. The Ambassador at 
        Large has no independent regulatory authority.
            (3) Duties of the ambassador at large.--In carrying out the 
        functions of the Office, the Ambassador at Large shall have the 
        following responsibilities:
                    (A) In general.--The primary responsibilities of 
                the Ambassador at Large shall be--
                            (i) to ensure that intercountry adoptions 
                        take place in the best interests of the child; 
                        and
                            (ii) to assist the Secretary of State in 
                        fulfilling the responsibilities designated to 
                        the central authority under title I of the 
                        Intercountry Adoption Act of 2000 (42 U.S.C. 
                        14911 et seq.).
                    (B) Advisory role.--The Ambassador at Large shall 
                be a principal advisor to the President and the 
                Secretary of State regarding matters affecting 
                intercountry adoption and the general welfare of 
                children abroad and shall make recommendations 
                regarding--
                            (i) the policies of the United States with 
                        respect to the establishment of a system of 
                        cooperation among the parties to the 
                        Convention;
                            (ii) the policies to prevent abandonment, 
                        strengthen families, and to advance the 
                        placement of children in permanent families; 
                        and
                            (iii) policies that promote the protection 
                        and well-being of children.
                    (C) Diplomatic representation.--Subject to the 
                direction of the President and the Secretary of State, 
                the Ambassador at Large may represent the United States 
                in matters and cases relevant to international adoption 
                in--
                            (i) fulfillment of the responsibilities 
                        designated to the central authority under title 
                        I of the Intercountry Adoption Act of 2000 (42 
                        U.S.C. 14911 et seq.);
                            (ii) contacts with foreign governments, 
                        intergovernmental organizations, and 
                        specialized agencies of the United Nations and 
                        other international organizations of which the 
                        United States is a member; and
                            (iii) multilateral conferences and meetings 
                        relevant to international adoption.
                    (D) International policy development.--The 
                Ambassador at Large shall advise and support the 
                Secretary of State and other relevant Bureaus of the 
                Department of State in the development of sound policy 
                regarding child protection and intercountry adoption.
                    (E) Reporting responsibilities.--The Ambassador at 
                Large shall have the following reporting 
                responsibilities:
                            (i) In general.--The Ambassador at Large 
                        shall assist the Secretary of State and other 
                        relevant Bureaus in preparing those portions of 
                        the Human Rights Reports that relate to the 
                        abduction, sale, and trafficking of children.
                            (ii) Annual report on intercountry 
                        adoption.--On September 1 of each year, the 
                        Secretary of State, with the assistance of the 
                        Ambassador at Large, shall prepare and transmit 
                        to Congress an annual report on intercountry 
                        adoption. Each annual report shall include--
                                    (I) a description of the status of 
                                child protection and adoption in each 
                                foreign country, including--
                                            (aa) trends toward 
                                        improvement in the welfare and 
                                        protection of children and 
                                        families;
                                            (bb) trends in family 
                                        reunification, domestic 
                                        adoption, and intercountry 
                                        adoption;
                                            (cc) movement toward 
                                        ratification and implementation 
                                        of the Convention; and
                                            (dd) census information on 
                                        the number of children in 
                                        orphanages, foster homes, and 
                                        other types of nonpermanent 
                                        residential care as reported by 
                                        the foreign country;
                                    (II) the number of intercountry 
                                adoptions by United States citizens, 
                                including the country from which each 
                                child emigrated, the State in which 
                                each child resides, and the country in 
                                which the adoption was finalized;
                                    (III) the number of intercountry 
                                adoptions involving emigration from the 
                                United States, including the country 
                                where each child now resides and the 
                                State from which each child emigrated;
                                    (IV) the number of 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 (42 U.S.C. 622(b)(14));
                                    (V) the average time required for 
                                completion of an adoption, set forth by 
the country from which the child emigrated;
                                    (VI) the current list of agencies 
                                accredited and persons approved under 
                                the Intercountry Adoption Act of 2000 
                                (42 U.S.C. 14901 et seq.) to provide 
                                adoption services;
                                    (VII) the names of the agencies and 
                                persons temporarily or permanently 
                                debarred under the Intercountry 
                                Adoption Act of 2000 (42 U.S.C. 14901 
                                et seq.), and the reasons for the 
                                debarment;
                                    (VIII) the range of adoption fees 
                                involving adoptions by United States 
                                citizens and the median of such fees 
                                set forth by the country of origin;
                                    (IX) 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; and
                                    (X) recommendations of ways the 
                                United States might act to improve the 
                                welfare and protection of children and 
                                families in each foreign country.
    (c) Functions of Office.--The Office shall have the following 7 
functions:
            (1) Approval of a family to adopt.--To approve or 
        disapprove the eligibility of United States citizens to adopt 
        foreign born children.
            (2) Child adjudication.--To investigate and adjudicate the 
        status of a child born abroad to determine their eligibility as 
        an adoptable child.
            (3) Family services.--To provide assistance to United 
        States citizens engaged in the intercountry adoption process in 
        resolving problems with respect to that process and to track 
        intercountry adoption cases so as to ensure that all such 
        adoptions are processed in a timely manner.
            (4) International policy development.--To advise and 
        support the Ambassador at Large and other relevant Bureaus in 
        the development of sound policy regarding child protection and 
        intercountry adoption.
            (5) Central authority.--To assist the Secretary of State in 
        carrying out duties of the central authority as defined in 
        section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 
        14902).
            (6) Enforcement.--To investigate, either directly or in 
        cooperation with other appropriate international, Federal, 
        State, or local entities, improprieties relating to adoption, 
        including issues of child protection, birth family protection, 
        and consumer fraud.
            (7) Administration.--To perform administrative functions 
        related to the functions performed under paragraphs (1) through 
        (6), including legal functions and congressional liaison and 
        public affairs functions.
    (d) Organization.--
            (1) In general.--All functions of the Office shall be 
        performed by officers housed in a centralized office located in 
        Washington, D.C. Within the Washington, D.C. office, there 
        shall be 7 divisions corresponding to the 7 functions of the 
        Office. All 7 divisions and their respective directors shall 
        report directly to the Ambassador at Large.
            (2) Approval to adopt.--The division responsible for 
        approving parents to adopt shall be divided into regions of the 
        United States as follows:
                    (A) Northwest.
                    (B) Northeast.
                    (C) Southwest.
                    (D) Southeast.
                    (E) Midwest.
                    (F) West.
            (3) Child adjudication.--To the extent practicable, the 
        division responsible for the adjudication of foreign born 
        children as adoptable shall be divided by world regions which 
        correspond to those currently used by other divisions within 
        the Department of State.
            (4) Use of international field officers.--Nothing in this 
        section shall be construed to prohibit the use of international 
        field officers posted abroad, as necessary, to fulfill the 
        requirements of this Act.
            (5) Use of existing systems.--Whenever possible, the Office 
        shall utilize systems currently in place that ensure 
        protections against child trafficking.
    (e) Qualifications and Training.--In addition to meeting the 
employment requirements of the Department of State, officers employed 
in any of the 7 divisions of the Office shall undergo extensive and 
specialized training in the laws and processes of intercountry adoption 
as well as understanding the cultural, medical, emotional, and social 
issues surrounding intercountry adoption and adoptive families. The 
Ambassador at Large shall, whenever possible, recruit and hire 
individuals with background and experience in intercountry adoptions, 
taking care to ensure that such individuals do not have any conflicts 
of interest that might inhibit their ability to serve.
    (f) Use of Electronic Databases and Filing.--To the extent 
possible, the Office shall make use of centralized, electronic 
databases and electronic form filing.

SEC. 102. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES.

    Section 505(a)(1) of the Intercountry Adoption Act of 2000 (42 
U.S.C. 14901 note) is amended by inserting ``301, 302,'' after 
``205,''.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENT.

    Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 
14914) is repealed.

                   Subtitle B--Transition Provisions

SEC. 111. TRANSFER OF FUNCTIONS.

    (a) In General.--Subject to subsection (c), all functions under the 
immigration laws of the United States with respect to the adoption of 
foreign born children by United States citizens and their admission to 
the United States that have been vested by statute in, or exercised by, 
the Commissioner of Immigration and Naturalization, the Immigration and 
Naturalization Service (or any officer, employee, or component 
thereof), of the Department of Homeland Security (or any officer, 
employee, or component thereof) immediately prior to the effective date 
of this title, are transferred to the Office on the effective date of 
this title for exercise by the Ambassador at Large in accordance with 
applicable laws and title II of this Act.
    (b) Exercise of Authorities.--Except as otherwise provided by law, 
the Ambassador at Large may, for purposes of performing any function 
transferred to the Ambassador at Large under subsection (a), exercise 
all authorities under any other provision of law that were available 
with respect to the performance of that function to the official 
responsible for the performance of the function immediately before the 
effective date of the transfer of the function pursuant to this title.
    (c) Limitation on Transfer of Pending Adoptions.--If an individual 
has filed a petition with the Immigration and Naturalization Service or 
the Department of Homeland Security with respect to the adoption of a 
foreign born child prior to the date of enactment of this title, the 
Secretary of Homeland Security shall have the authority to make the 
final determination on such petition and such petition shall not be 
transferred to the Office.

SEC. 112. TRANSFER OF RESOURCES.

    Subject to section 1531 of title 31, United States Code, upon the 
effective date of this title, there are transferred to the Ambassador 
at Large for appropriate allocation in accordance with section 115, the 
assets, liabilities, contracts, property, records, and unexpended 
balance of appropriations, authorizations, allocations, and other funds 
employed, held, used, arising from, available to, or to be made 
available to the Immigration and Naturalization Service or the 
Department of Homeland Security in connection with the functions 
transferred pursuant to this title.

SEC. 113. INCIDENTAL TRANSFERS.

    The Ambassador at Large may make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out this title. The Ambassador 
at Large shall provide for such further measures and dispositions as 
may be necessary to effectuate the purposes of this title.

SEC. 114. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, including 
collective bargaining agreements, certificates, licenses, and 
privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Ambassador at Large, the 
        former Commissioner of the Immigration and Naturalization 
        Service, their delegates, or any other Government official, or 
        by a court of competent jurisdiction, in the performance of any 
        function that is transferred pursuant to this title; and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date);
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law, except that any collective 
bargaining agreement shall remain in effect until the date of 
termination specified in the agreement.
    (b) Proceedings.--
            (1) Pending.--The transfer of functions under section 111 
        shall not affect any proceeding or any application for any 
        benefit, service, license, permit, certificate, or financial 
        assistance pending on the effective date of this title before 
        an office whose functions are transferred pursuant to this 
        title, but such proceedings and applications shall be 
        continued.
            (2) Orders.--Orders shall be issued in such proceedings, 
        appeals shall be taken therefrom, and payments shall be made 
        pursuant to such orders, as if this Act had not been enacted, 
        and orders issued in any such proceeding shall continue in 
        effect until modified, terminated, superseded, or revoked by a 
        duly authorized official, by a court of competent jurisdiction, 
        or by operation of law.
            (3) Discontinuance or modification.--Nothing in this 
        section shall be considered to prohibit the discontinuance or 
        modification of any such proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this section had not been 
        enacted.
    (c) Suits.--This title shall not affect suits commenced before the 
effective date of this title, and in all such suits, proceeding shall 
be had, appeals taken, and judgments rendered in the same manner and 
with the same effect as if this title had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of State, the Immigration and 
Naturalization Service, or the Department of Homeland Security, or by 
or against any individual in the official capacity of such individual 
as an officer or employee in connection with a function transferred 
pursuant to this section, shall abate by reason of the enactment of 
this Act.
    (e) Continuance of Suit With Substitution of Parties.--If any 
Government officer in the official capacity of such officer is party to 
a suit with respect to a function of the officer, and pursuant to this 
title such function is transferred to any other officer or office, then 
such suit shall be continued with the other officer or the head of such 
other office, as applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this title, any statutory requirements relating 
to notice, hearings, action upon the record, or administrative or 
judicial review that apply to any function transferred pursuant to any 
provision of this title shall apply to the exercise of such function by 
the head of the office, and other officers of the office, to which such 
function is transferred pursuant to such provision.

                       Subtitle C--Effective Date

SEC. 121. EFFECTIVE DATE.

    This title shall take effect 180 days after the date of enactment 
of this Act.

TITLE II--REFORM OF UNITED STATES LAWS GOVERNING INTERCOUNTRY ADOPTIONS

SEC. 201. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN 
              BORN OUTSIDE THE UNITED STATES.

    (a) Amendments of Automatic Citizenship Provisions.--Section 320 of 
the Immigration and Nationality Act (8 U.S.C. 1431) is amended--
            (1) by amending the section heading to read as follows: 
        ``Children Born Outside the United States; Conditions Under 
        Which Citizenship Automatically Acquired''; and
            (2) in subsection (a), by striking paragraphs (1) through 
        (3) and inserting the following:
            ``(1) Upon the date the adoption becomes full and final, at 
        least 1 parent of the child is a citizen of the United States, 
        whether by birth or naturalization, who has been physically 
        present in the United States or its outlying possessions for a 
        period or periods totaling not less than 5 years, at least 2 
of which were after attaining the age of 14 years. Any periods of 
honorable service in the Armed Forces of the United States, or periods 
of employment with the United States Government or with an 
international organization as that term is defined in section 1 of the 
International Organizations Immunities Act (22 U.S.C. 288) by such 
citizen parent, or any periods during which such citizen parent is 
physically present abroad as the dependent unmarried son or daughter 
and a member of the household of a person--
                    ``(A) honorably serving with the Armed Forces of 
                the United States; or
                    ``(B) employed by the United States Government or 
                an international organization as defined in section 1 
                of the International Organizations Immunities Act (22 
                U.S.C. 288);
        may be included in order to satisfy the physical presence 
        requirement of this paragraph.
            ``(2) The child is an adoptable child described in section 
        101(c)(3).
            ``(3) The child is the beneficiary of a full and final 
        adoption decree entered by a foreign government or a court in 
        the United States.
            ``(4) For purposes of this subsection, the term `full and 
        final adoption' means an adoption--
                    ``(A) that is completed under the laws of the 
                child's country of residence or the State law of the 
                parent's residence;
                    ``(B) under which a person is granted full and 
                legal custody of the adopted child;
                    ``(C) that has the force and effect of severing the 
                child's legal ties to the child's biological parents;
                    ``(D) under which the adoptive parents meet the 
                requirements of section 205 of the Intercountry 
                Adoption Reform Act of 2004; and
                    ``(E) under which the child has been adjudicated to 
                be an adoptable child in accordance with section 206 of 
                the Intercountry Adoption Reform Act of 2004.''.
    (b) Effective Date.--This section shall take effect as if enacted 
on January 1, 1950.

SEC. 202. REVISED PROCEDURES.

    Notwithstanding any other provision of law, the following 
requirements shall apply with respect to the adoption of foreign born 
children by United States citizens:
            (1) Upon completion of a full and final adoption, the 
        Secretary of State shall issue a United States passport and a 
        Consular Report of Birth for a child who satisfies the 
        requirements of section 320 of the Immigration and Nationality 
        Act (8 U.S.C. 1431), as amended by section 201 of this Act, 
        upon application by a United States citizen parent.
            (2) An adopted child described in paragraph (1) shall not 
        require the issuance of a visa for travel and admission to the 
        United States but shall be admitted to the United States upon 
        presentation of a valid, unexpired United States passport.
            (3) No affidavit of support under section 213A of the 
        Immigration and Nationality Act (8 U.S.C. 1183a) shall be 
        required in the case of any adoptable child.
            (4)(A) The Secretary of State shall require that agencies 
        provide prospective adoptive parents an opportunity to conduct 
        an independent medical exam and a copy of any medical records 
        of the child known to exist (to the greatest extent 
        practicable, these documents shall include an English 
        translation) on a date that is not later than the earlier of 
        the date that is 2 weeks before the adoption, or the date on 
        which prospective adoptive parents travel to such a foreign 
        country to complete all procedures in such country relating to 
        adoption.
            (B) The Secretary of State shall not require an adopted 
        child described in paragraph (1) to undergo a medical exam for 
        the purpose of excluding the child's immigration to the United 
        States.
            (5) The Secretary of State shall take necessary measures to 
        ensure that all prospective adoptive parents adopting 
        internationally are provided with training 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.
            (6) The Secretary of State shall take necessary measures to 
        ensure that--
                    (A) prospective adoptive parents are given full 
                disclosure of all direct and indirect costs of 
                intercountry adoption before they are matched with 
                child for adoption;
                    (B) fees charged in relation to the intercountry 
                adoption be on a fee for service basis not on a 
                contingent fee basis; and
                    (C) that the transmission of fees between the 
                adoption agency, the country of origin, and the 
                prospective adoptive parents is carried out in a 
                transparent and efficient manner.
            (7) The Secretary of State shall take all measures 
        necessary to ensure that all documents provided to a country of 
        origin on behalf of a prospective adoptive parent are truthful 
        and accurate.

SEC. 203. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED 
              STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.

    (a) In General.--Section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (U);
            (2) by striking the period at the end of subparagraph (V) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(W) an adoptable child who is coming into the United 
        States for adoption by a United States citizen and a spouse 
        jointly or by an unmarried United States citizen at least 25 
        years of age, who has been approved to adopt.''.
    (b) Termination of Period of Authorized Admission.--Section 214 of 
the Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
adding at the end the following:
    ``(s) In the case of a nonimmigrant described in section 
101(a)(15)(W), the period of authorized admission shall terminate on 
the earlier of--
            ``(1) the date on which the adoption of the nonimmigrant is 
        completed by the courts of the State where the parents reside; 
        or
            ``(2) the date that is 4 years after the date of admission 
        of the nonimmigrant into the United States, unless a petitioner 
        is able to show cause as to why the adoption could not be 
        completed prior to such date and the Secretary extends such 
        period for the period necessary to complete the adoption.''.
    (c) Temporary Treatment as Legal Permanent Resident.--
Notwithstanding any other law, all benefits and protections that apply 
to a legal permanent resident shall apply to a nonimmigrant described 
in section 101(a)(15)(W) of the Immigration and Nationality Act, as 
added by subsection (a), pending a full and final adoption.
    (d) Exception From Immunization Requirement for Certain Adopted 
Children.--Section 212(a)(1)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(1)(C)) is amended--
            (1) in the heading by striking ``10 years'' and inserting 
        ``18 years''; and
            (2) in clause (i), by striking ``10 years'' and inserting 
        ``18 years''.
    (e) Regulations.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of State shall prescribe such 
regulations as may be necessary to carry out this section.

SEC. 204. DEFINITION OF ADOPTABLE CHILD.

    (a) In General.--Section 101(c) of the Immigration and Nationality 
Act (8 U.S.C. 1101(c)) is amended by adding at the end the following:
    ``(3) The term `adoptable child' means an unmarried person under 
the age of 18--
            ``(A)(i) whose biological parents (or parent, in the case 
        of a child who has one sole or surviving parent) or other 
        persons or institutions that retain legal custody of the 
        child--
                    ``(I) 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 and that such consent has not been induced by 
                payment or compensation of any kind and has not been 
                given prior to the birth of the child;
                    ``(II) are unable to provide proper care for the 
                child, as determined by the competent authority of the 
                child's residence; or
                    ``(III) have voluntarily relinquished the child to 
                the competent authorities pursuant to the law of the 
                child's residence; or
            ``(ii) who, as determined by the competent authority of the 
        child's residence--
                    ``(I) has been abandoned or deserted by their 
                biological parent, parents, or legal guardians; or
                    ``(II) has been orphaned due to the death or 
                disappearance of their biological parent, parents, or 
                legal guardians;
            ``(B) with respect to whom the Secretary of State is 
        satisfied that the proper care will be furnished the child if 
        admitted to the United States;
            ``(C) with respect to whom the Secretary of State is 
        satisfied that the purpose of the adoption is to form a bona 
        fide parent-child relationship and that the parent-child 
        relationship of the child and the biological parents has been 
        terminated (and in carrying out both obligations under this 
        subparagraph the Secretary of State, in consultation with the 
        Secretary of Homeland Security, may consider whether there is a 
        petition pending to confer immigrant status on one or both of 
        the biological parents);
            ``(D) with respect to whom the Secretary of State is 
        satisfied that there has been no inducement, financial or 
        otherwise, offered to obtain the consent nor was it given 
        before the birth of the child;
            ``(E) with respect to whom the Secretary of State, in 
        consultation with the Secretary of Homeland Security, is 
        satisfied that the person is not a security risk; and
            ``(F) whose eligibility for adoption and emigration to the 
        United States has been certified by the competent authority of 
        the country of the child's place of birth or residence.''.
    (b) Conforming Amendment.--Section 204(d) of the Immigration and 
Nationality Act (8 U.S.C. 1154(d)) is amended by inserting ``and an 
adoptable child as defined in section 101(c)(3)'' before ``unless a 
valid home-study''.

SEC. 205. APPROVAL TO ADOPT.

    (a) In General.--Prior to the issuance of a visa under section 
101(a)(15)(W) of the Immigration and Nationality Act, as added by 
section 203(a) of this Act, or the issuance of a full and final 
adoption decree, the United States citizen adoptive parent shall have 
approved by the Office a petition to adopt. Such petition shall be 
subject to the same terms and conditions as are applicable to petitions 
for classification under section 204.3 of title 8 of the Code of 
Federal Regulations, as in effect on the day before the date of 
enactment of this Act.
    (b) Expiration of Approval.--Approval to adopt under this Act is 
valid for 24 months from the date of approval. Nothing in this section 
may prevent the Secretary of Homeland Security from periodically 
updating the fingerprints of an individual who has filed a petition for 
adoption.
    (c) Expedited Reapproval Process of Families Previously Approved To 
Adopt.--The Secretary of State shall prescribe such regulations as may 
be necessary to provide for an expedited and streamlined process for 
families who have been previously approved to adopt and whose approval 
has expired, so long as not more than 3 years have lapsed since the 
original application.
    (d) Denial of Petition.--
            (1) Notice of intent.--If the officer adjudicating the 
        petition to adopt finds that it is not readily approvable, the 
        officer shall notify the petitioner, in writing, of the 
        officer's intent to deny the petition. Such notice shall 
        include the specific reasons why the petition is not readily 
        approvable.
            (2) Petitioners right to respond.--Upon receiving a notice 
        of intent to deny, the petitioner has 30 days to respond to 
        such notice.
            (3) Decision.--Within 30 days of receipt of the 
        petitioner's response the Office must reach a final decision 
        regarding the eligibility of the petitioner to adopt. Notice of 
        a formal decision must be delivered in writing.
            (4) Right to an appeal.--Unfavorable decisions may be 
        appealed to the Department of State and, after the exhaustion 
        of the appropriate appeals process of the Department, to a 
        United States district court.
            (5) Regulations regarding appeals.--Not later than 6 months 
        after the date of enactment of this Act, the Secretary of State 
        shall promulgate formal regulations regarding the process for 
        appealing the denial of a petition.

SEC. 206. ADJUDICATION OF CHILD STATUS.

    (a) In General.--Prior to the issuance of a full and final adoption 
decree or a visa under section 101(a)(15)(W) of the Immigration and 
Nationality Act, as added by section 203(a) of this Act--
            (1) the Office shall obtain from the competent authority of 
        the country of the child's residence a certification, together 
        with documentary support, that the child sought to be adopted 
        meets the description of an adoptable child; and
            (2) not later than 15 days after the date of the receipt of 
        the certification referred to in paragraph (1), the Office 
        shall make a final determination on whether the certification 
        and the documentary support are sufficient to meet the 
        requirements of this section or whether additional 
        investigation or information is required.
    (b) Process for Determination.--
            (1) In general.--The Ambassador at Large shall work with 
        the competent authorities of the child's country of residence 
        to establish a uniform, transparent, and efficient process for 
        the exchange and approval of the certification and documentary 
        support required under subsection (a).
            (2) Notice of intent.--If the Office finds that the 
        certification submitted by the competent authority of the 
        child's country of origin is not readily approvable, the Office 
        shall--
                    (A) notify the competent authority and the 
                prospective adoptive parents, in writing, of the 
                specific reasons why the certification is not 
                sufficient; and
                    (B) provide the competent authority and the 
                prospective adoptive parents the opportunity to address 
                the stated insufficiencies.
            (3) Petitioners right to respond.--Upon receiving a notice 
        of intent to find that a certification is not readily 
        approvable, the prospective adoptive parents shall have 30 days 
        to respond to such notice.
            (4) Decision.--Not later than 30 days after the date of 
        receipt of a response submitted under paragraph (3), the Office 
        must reach a final decision regarding the child's eligibility 
        as an adoptable child. Notice of such decision must be in 
        writing.
            (5) Right to an appeal.--Unfavorable decisions on a 
        certification may be appealed to the Department of State and, 
        after the exhaustion of the appropriate appeals process of the 
        Department, to a United States district court.

                           TITLE III--FUNDING

SEC. 301. FUNDS.

    The Secretary of State shall provide the Ambassador at Large with 
such funds as may be necessary for--
            (1) the hiring of staff for the Office;
            (2) investigations conducted by the Office; and
            (3) travel and other expenses necessary to carry out this 
        Act.

                         TITLE IV--ENFORCEMENT

SEC. 401. ENFORCEMENT.

    (a) Civil Penalties.--A person 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 if such person--
            (1) violates a provision of this Act or an amendment made 
        by this Act;
            (2) makes a false or fraudulent statement, or 
        misrepresentation, with respect to a material fact, or offers, 
        gives, solicits, or accepts inducement by way of compensation, 
        intended to influence or affect in the United States or a 
        foreign country--
                    (A) a decision for an approval under title II;
                    (B) the relinquishment of parental rights or the 
                giving of parental consent relating to the adoption of 
                a child; 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).
    (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 commits a 
violation described in 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.
                                 <all>