[Congressional Record Volume 146, Number 93 (Tuesday, July 18, 2000)]
[House]
[Pages H6389-H6399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERCOUNTRY ADOPTION ACT OF 2000
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2909) to provide for implementation by the United States of
the Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, and for other purposes, as amended.
The Clerk read as follows:
H.R. 2909
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intercountry Adoption Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--UNITED STATES CENTRAL AUTHORITY
Sec. 101. Designation of central authority.
Sec. 102. Responsibilities of the Secretary of State.
Sec. 103. Responsibilities of the Attorney General.
Sec. 104. Annual report on intercountry adoptions.
TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL
Sec. 201. Accreditation or approval required in order to provide
adoption services in cases subject to the Convention.
Sec. 202. Process for accreditation and approval; role of accrediting
entities.
Sec. 203. Standards and procedures for providing accreditation or
approval.
Sec. 204. Secretarial oversight of accreditation and approval.
Sec. 205. State plan requirement.
TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES
Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Immigration and Nationality Act amendments relating to
children adopted from Convention countries.
Sec. 303. Adoptions of children emigrating from the United States.
TITLE IV--ADMINISTRATION AND ENFORCEMENT
Sec. 401. Access to Convention records.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.
TITLE V--GENERAL PROVISIONS
Sec. 501. Recognition of Convention adoptions.
Sec. 502. Special rules for certain cases.
Sec. 503. Relationship to other laws.
Sec. 504. No private right of action.
Sec. 505. Effective dates; transition rule.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress recognizes--
(1) the international character of the Convention on
Protection of Children and Co-operation in Respect of
Intercountry Adoption (done at The Hague on May 29, 1993),
and
(2) the need for uniform interpretation and implementation
of the Convention in the United States and abroad,
and therefore finds that enactment of a Federal law governing
adoptions and prospective adoptions subject to the Convention
involving United States residents is essential.
(b) Purposes.--The purposes of this Act are--
(1) to provide for implementation by the United States of
the Convention;
(2) to protect the rights of, and prevent abuses against,
children, birth families, and adoptive parents involved in
adoptions (or prospective adoptions) subject to the
Convention, and to ensure that such adoptions are in the
children's best interests; and
(3) to improve the ability of the Federal Government to
assist United States citizens seeking to adopt children from
abroad and residents of other countries party to the
Convention seeking to adopt children from the United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Accredited agency.--The term ``accredited agency''
means an agency accredited under title II to provide adoption
services in the United States in cases subject to the
Convention.
[[Page H6390]]
(2) Accrediting entity.--The term ``accrediting entity''
means an entity designated under section 202(a) to accredit
agencies and approve persons under title II.
(3) Adoption service.--The term ``adoption service''
means--
(A) identifying a child for adoption and arranging an
adoption;
(B) securing necessary consent to termination of parental
rights and to adoption;
(C) performing a background study on a child or a home
study on a prospective adoptive parent, and reporting on such
a study;
(D) making determinations of the best interests of a child
and the appropriateness of adoptive placement for the child;
(E) post-placement monitoring of a case until final
adoption; and
(F) where made necessary by disruption before final
adoption, assuming custody and providing child care or any
other social service pending an alternative placement.
The term ``providing'', with respect to an adoption service,
includes facilitating the provision of the service.
(4) Agency.--The term ``agency'' means any person other
than an individual.
(5) Approved person.--The term ``approved person'' means a
person approved under title II to provide adoption services
in the United States in cases subject to the Convention.
(6) Attorney general.--Except as used in section 404, the
term ``Attorney General'' means the Attorney General, acting
through the Commissioner of Immigration and Naturalization.
(7) Central authority.--The term ``central authority''
means the entity designated as such by any Convention country
under Article 6(1) of the Convention.
(8) Central authority function.--The term ``central
authority function'' means any duty required to be carried
out by a central authority under the Convention.
(9) Convention.--The term ``Convention'' means the
Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, done at The Hague on May
29, 1993.
(10) Convention adoption.--The term ``Convention adoption''
means an adoption of a child resident in a foreign country
party to the Convention by a United States citizen, or an
adoption of a child resident in the United States by an
individual residing in another Convention country.
(11) Convention record.--The term ``Convention record''
means any item, collection, or grouping of information
contained in an electronic or physical document, an
electronic collection of data, a photograph, an audio or
video tape, or any other information storage medium of any
type whatever that contains information about a specific
past, current, or prospective Convention adoption (regardless
of whether the adoption was made final) that has been
preserved in accordance with section 401(a) by the Secretary
of State or the Attorney General.
(12) Convention country.--The term ``Convention country''
means a country party to the Convention.
(13) Other convention country.--The term ``other Convention
country'' means a Convention country other than the United
States.
(14) Person.--The term ``person'' shall have the meaning
provided in section 1 of title 1, United States Code, and
shall not include any agency of government or tribal
government entity.
(15) Person with an ownership or control interest.--The
term ``person with an ownership or control interest'' has the
meaning given such term in section 1124(a)(3) of the Social
Security Act (42 U.S.C. 1320a-3).
(16) Secretary.--The term ``Secretary'' means the Secretary
of State.
(17) State.--The term ``State'' means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, and the
Virgin Islands.
TITLE I--UNITED STATES CENTRAL AUTHORITY
SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.
(a) In General.--For purposes of the Convention and this
Act--
(1) the Department of State shall serve as the central
authority of the United States; and
(2) the Secretary shall serve as the head of the central
authority of the United States.
(b) Performance of Central Authority Functions.--
(1) Except as otherwise provided in this Act, the Secretary
shall be responsible for the performance of all central
authority functions for the United States under the
Convention and this Act.
(2) All personnel of the Department of State performing
core central authority functions in a professional capacity
in the Office of Children's Issues shall have a strong
background in consular affairs, personal experience in
international adoptions, or professional experience in
international adoptions or child services.
(c) Authority To Issue Regulations.--Except as otherwise
provided in this Act, the Secretary may prescribe such
regulations as may be necessary to carry out central
authority functions on behalf of the United States.
SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF STATE.
(a) Liaison Responsibilities.--The Secretary shall have
responsibility for--
(1) liaison with the central authorities of other
Convention countries; and
(2) the coordination of activities under the Convention by
persons subject to the jurisdiction of the United States.
(b) Information Exchange.--The Secretary shall be
responsible for--
(1) providing the central authorities of other Convention
countries with information concerning--
(A) accredited agencies and approved persons, agencies and
persons whose accreditation or approval has been suspended or
canceled, and agencies and persons who have been temporarily
or permanently debarred from accreditation or approval;
(B) Federal and State laws relevant to implementing the
Convention; and
(C) any other matters necessary and appropriate for
implementation of the Convention;
(2) not later than the date of the entry into force of the
Convention for the United States (pursuant to Article
46(2)(a) of the Convention) and at least once during each
subsequent calendar year, providing to the central authority
of all other Convention countries a notice requesting the
central authority of each such country to specify any
requirements of such country regarding adoption, including
restrictions on the eligibility of persons to adopt, with
respect to which information on the prospective adoptive
parent or parents in the United States would be relevant;
(3) making responses to notices under paragraph (2)
available to--
(A) accredited agencies and approved persons; and
(B) other persons or entities performing home studies under
section 201(b)(1);
(4) ensuring the provision of a background report (home
study) on the prospective adoptive parent or parents
(pursuant to the requirements of section 203(b)(1)(A)(ii)),
through the central authority of each child's country of
origin, to the court having jurisdiction over the adoption
(or in the case of a child emigrating to the United States
for the purpose of adoption to the competent authority in the
child's country of origin with responsibility for approving
the child's emigration) in adequate time to be considered
prior to the granting of such adoption or approval;
(5) providing Federal agencies, State courts, and
accredited agencies and approved persons with an
identification of Convention countries and persons authorized
to perform functions under the Convention in each such
country; and
(6) facilitating the transmittal of other appropriate
information to, and among, central authorities, Federal and
State agencies (including State courts), and accredited
agencies and approved persons.
(c) Accreditation and Approval Responsibilities.--The
Secretary shall carry out the functions prescribed by the
Convention with respect to the accreditation of agencies and
the approval of persons to provide adoption services in the
United States in cases subject to the Convention as provided
in title II. Such functions may not be delegated to any other
Federal agency.
(d) Additional Responsibilities.--The Secretary--
(1) shall monitor individual Convention adoption cases
involving United States citizens; and
(2) may facilitate interactions between such citizens and
officials of other Convention countries on matters relating
to the Convention in any case in which an accredited agency
or approved person is unwilling or unable to provide such
facilitation.
(e) Establishment of Registry.--The Secretary and the
Attorney General shall jointly establish a case registry of
all adoptions involving immigration of children into the
United States and emigration of children from the United
States, regardless of whether the adoption occurs under the
Convention. Such registry shall permit tracking of pending
cases and retrieval of information on both pending and closed
cases.
(f) Methods of Performing Responsibilities.--The Secretary
may--
(1) authorize public or private entities to perform
appropriate central authority functions for which the
Secretary is responsible, pursuant to regulations or under
agreements published in the Federal Register; and
(2) carry out central authority functions through grants
to, or contracts with, any individual or public or private
entity, except as may be otherwise specifically provided in
this Act.
SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.
In addition to such other responsibilities as are
specifically conferred upon the Attorney General by this Act,
the central authority functions specified in Article 14 of
the Convention (relating to the filing of applications by
prospective adoptive parents to the central authority of
their country of residence) shall be performed by the
Attorney General.
SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.
(a) Reports Required.--Beginning one year after the date of
the entry into force of the Convention for the United States
and each year thereafter, the Secretary, in consultation with
the Attorney General and other appropriate agencies, shall
submit a report describing the activities of the central
authority of the United States under this Act during the
preceding year to the Committee on International Relations,
the Committee on Ways and Means, and the
[[Page H6391]]
Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations, the Committee on
Finance, and the Committee on the Judiciary of the Senate.
(b) Report Elements.--Each report under subsection (a)
shall set forth with respect to the year concerned, the
following:
(1) The number of intercountry adoptions involving
immigration to the United States, regardless of whether the
adoption occurred under the Convention, including the country
from which each child emigrated, the State to which each
child immigrated, and the country in which the adoption was
finalized.
(2) The number of intercountry adoptions involving
emigration from the United States, regardless of whether the
adoption occurred under the Convention, including the country
to which each child immigrated and the State from which each
child emigrated.
(3) The number of Convention placements for adoption in the
United States that were disrupted, including the country from
which the child emigrated, the age of the child, the date of
the placement for adoption, the reasons for the disruption,
the resolution of the disruption, the agencies that handled
the placement for adoption, and the plans for the child, and
in addition, any information regarding disruption or
dissolution of adoptions of children from other countries
received pursuant to section 422(b)(14) of the Social
Security Act, as amended by section 205 of this Act.
(4) The average time required for completion of a
Convention adoption, set forth by country from which the
child emigrated.
(5) The current list of agencies accredited and persons
approved under this Act to provide adoption services.
(6) The names of the agencies and persons temporarily or
permanently debarred under this Act, and the reasons for the
debarment.
(7) The range of adoption fees charged in connection with
Convention adoptions involving immigration to the United
States and the median of such fees set forth by the country
of origin.
(8) The range of fees charged for accreditation of agencies
and the approval of persons in the United States engaged in
providing adoption services under the Convention.
TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL
SEC. 201. ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO
PROVIDE ADOPTION SERVICES IN CASES SUBJECT TO
THE CONVENTION.
(a) In General.--Except as otherwise provided in this
title, no person may offer or provide adoption services in
connection with a Convention adoption in the United States
unless that person--
(1) is accredited or approved in accordance with this
title; or
(2) is providing such services through or under the
supervision and responsibility of an accredited agency or
approved person.
(b) Exceptions.--Subsection (a) shall not apply to the
following:
(1) Background studies and home studies.--The performance
of a background study on a child or a home study on a
prospective adoptive parent, or any report on any such study
by a social work professional or organization who is not
providing any other adoption service in the case, if the
background or home study is approved by an accredited agency.
(2) Child welfare services.--The provision of a child
welfare service by a person who is not providing any other
adoption service in the case.
(3) Legal services.--The provision of legal services by a
person who is not providing any adoption service in the case.
(4) Prospective adoptive parents acting on own behalf.--The
conduct of a prospective adoptive parent on his or her own
behalf in the case, to the extent not prohibited by the law
of the State in which the prospective adoptive parent
resides.
SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF
ACCREDITING ENTITIES.
(a) Designation of Accrediting Entities.--
(1) In general.--The Secretary shall enter into agreements
with one or more qualified entities under which such entities
will perform the duties described in subsection (b) in
accordance with the Convention, this title, and the
regulations prescribed under section 203, and upon entering
into each such agreement shall designate the qualified entity
as an accrediting entity.
(2) Qualified entity.--In paragraph (1), the term
``qualified entity'' means--
(A) a nonprofit private entity that has expertise in
developing and administering standards for entities providing
child welfare services and that meets such other criteria as
the Secretary may by regulation establish; or
(B) a public entity (other than a Federal entity),
including an agency or instrumentality of State government
having responsibility for licensing adoption agencies, that--
(i) has expertise in developing and administering standards
for entities providing child welfare services;
(ii) accredits only agencies located in the State in which
the public entity is located;
(iii) on the basis of the most recent review, has not been
found to have conducted a State program that has been found
to have failed substantially to conform with the requirements
of the child and family services review system authorized
under section 1123A of the Social Security Act; and
(iv) meets such other criteria as the Secretary may by
regulation establish.
(b) Duties of Accrediting Entities.--The duties described
in this subsection are the following:
(1) Accreditation and approval.--Accreditation of agencies,
and approval of persons, to provide adoption services in the
United States in cases subject to the Convention.
(2) Oversight.--Ongoing monitoring of the compliance of
accredited agencies and approved persons with applicable
requirements, including review of complaints against such
agencies and persons in accordance with procedures
established by the accrediting entity and approved by the
Secretary.
(3) Enforcement.--Taking of adverse actions (including
requiring corrective action, imposing sanctions, and refusing
to renew, suspending, or canceling accreditation or approval)
for noncompliance with applicable requirements, and notifying
the agency or person against whom adverse actions are taken
of the deficiencies necessitating the adverse action.
(4) Data, records, and reports.--Collection of data,
maintenance of records, and reporting to the Secretary, the
United States central authority, State courts, and other
entities (including on persons and agencies granted or denied
approval or accreditation), to the extent and in the manner
that the Secretary requires.
(c) Remedies for Adverse Action by Accrediting Entity.--
(1) Correction of deficiency.--An agency or person who is
the subject of an adverse action by an accrediting entity may
re-apply for accreditation or approval (or petition for
termination of the adverse action) on demonstrating to the
satisfaction of the accrediting entity that the deficiencies
necessitating the adverse action have been corrected.
(2) No other administrative review.--An adverse action by
an accrediting entity shall not be subject to administrative
review.
(3) Judicial review.--An agency or person who is the
subject of an adverse action by an accrediting entity may
petition the United States district court in the judicial
district in which the agency is located or the person resides
to set aside the adverse action. The court shall review the
adverse action in accordance with section 706 of title 5,
United States Code, and for purposes of such review the
accrediting entity shall be considered an agency within the
meaning of section 701 of such title.
(d) Fees.--The amount of fees assessed by accrediting
entities for the costs of accreditation shall be subject to
approval by the Secretary. Such fees may not exceed the costs
of accreditation. In reviewing the level of such fees, the
Secretary shall consider the relative size of, the geographic
location of, and the number of Convention adoption cases
managed by the agencies or persons subject to accreditation
or approval by the accrediting entity.
SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING
ACCREDITATION OR APPROVAL.
(a) In General.--
(1) Promulgation of regulations.--The Secretary, shall, by
regulation, prescribe the standards and procedures to be used
by accrediting entities for the accreditation of agencies and
the approval of persons to provide adoption services in the
United States in cases subject to the Convention.
(2) Consideration of views.--In developing such
regulations, the Secretary shall consider any standards or
procedures developed or proposed by, and the views of,
individuals and entities with interest and expertise in
international adoptions and family social services, including
public and private entities with experience in licensing and
accrediting adoption agencies.
(3) Applicability of notice and comment rules.--Subsections
(b), (c), and (d) of section 553 of title 5, United States
Code, shall apply in the development and issuance of
regulations under this section.
(b) Minimum Requirements.--
(1) Accreditation.--The standards prescribed under
subsection (a) shall include the requirement that
accreditation of an agency may not be provided or continued
under this title unless the agency meets the following
requirements:
(A) Specific requirements.--
(i) The agency provides prospective adoptive parents of a
child in a prospective Convention adoption a copy of the
medical records of the child (which, to the fullest extent
practicable, shall include an English-language translation of
such records) on a date which is not later than the earlier
of the date that is 2 weeks before (I) the adoption, or (II)
the date on which the prospective parents travel to a foreign
country to complete all procedures in such country relating
to the adoption.
(ii) The agency ensures that a thorough background report
(home study) on the prospective adoptive parent or parents
has been completed in accordance with the Convention and with
applicable Federal and State requirements and transmitted to
the Attorney General with respect to each Convention
adoption. Each such report shall include a criminal
background check and a full and complete statement of all
facts relevant to the eligibility of the prospective adopting
parent or parents to adopt a child under any requirements
specified by the central authority of the child's country of
origin under section 102(b)(3), including in the case of a
child emigrating to the United States for the purpose of
adoption the requirements of the
[[Page H6392]]
child's country of origin applicable to adoptions taking
place in such country. For purposes of this clause, the term
``background report (home study)'' shall include any
supplemental statement submitted by the agency to the
Attorney General for the purpose of providing information
relevant to any requirements specified by the child's country
of origin.
(iii) The agency provides prospective adoptive parents with
a training program that includes counseling and guidance for
the purpose of promoting a successful intercountry adoption
before such parents travel to adopt the child or the child is
placed with such parents for adoption.
(iv) The agency employs personnel providing intercountry
adoption services on a fee for service basis rather than on a
contingent fee basis.
(v) The agency discloses fully its policies and practices,
the disruption rates of its placements for intercountry
adoption, and all fees charged by such agency for
intercountry adoption.
(B) Capacity to provide adoption services.--The agency has,
directly or through arrangements with other persons, a
sufficient number of appropriately trained and qualified
personnel, sufficient financial resources, appropriate
organizational structure, and appropriate procedures to
enable the agency to provide, in accordance with this Act,
all adoption services in cases subject to the Convention.
(C) Use of social service professionals.--The agency has
established procedures designed to ensure that social service
functions requiring the application of clinical skills and
judgment are performed only by professionals with appropriate
qualifications and credentials.
(D) Records, reports, and information matters.--The agency
is capable of--
(i) maintaining such records and making such reports as may
be required by the Secretary, the United States central
authority, and the accrediting entity that accredits the
agency;
(ii) cooperating with reviews, inspections, and audits;
(iii) safeguarding sensitive individual information; and
(iv) complying with other requirements concerning
information management necessary to ensure compliance with
the Convention, this Act, and any other applicable law.
(E) Liability insurance.--The agency agrees to have in
force adequate liability insurance for professional
negligence and any other insurance that the Secretary
considers appropriate.
(F) Compliance with applicable rules.--The agency has
established adequate measures to comply (and to ensure
compliance of their agents and clients) with the Convention,
this Act, and any other applicable law.
(G) Nonprofit organization with state license to provide
adoption services.--The agency is a private nonprofit
organization licensed to provide adoption services in at
least one State.
(2) Approval.--The standards prescribed under subsection
(a) shall include the requirement that a person shall not be
approved under this title unless the person is a private for-
profit entity that meets the requirements of subparagraphs
(A) through (F) of paragraph (1) of this subsection.
(3) Renewal of accreditation or approval.--The standards
prescribed under subsection (a) shall provide that the
accreditation of an agency or approval of a person under this
title shall be for a period of not less than 3 years and not
more than 5 years, and may be renewed on a showing that the
agency or person meets the requirements applicable to
original accreditation or approval under this title.
(c) Temporary Registration of Community-Based Agencies.--
(1) 1-year registration period for medium community-based
agencies.--For a 1-year period after the entry into force of
the Convention and notwithstanding subsection (b), the
Secretary may provide, in regulations issued pursuant to
subsection (a), that an agency may register with the
Secretary and be accredited to provide adoption services in
the United States in cases subject to the Convention during
such period if the agency has provided adoption services in
fewer than 100 intercountry adoptions in the preceding
calendar year and meets the criteria described in paragraph
(3).
(2) 2-year registration period for small community-based
agencies.--For a 2-year period after the entry into force of
the Convention and notwithstanding subsection (b), the
Secretary may provide, in regulations issued pursuant to
subsection (a), that an agency may register with the
Secretary and be accredited to provide adoption services in
the United States in cases subject to the Convention during
such period if the agency has provided adoption services in
fewer than 50 intercountry adoptions in the preceding
calendar year and meets the criteria described in paragraph
(3).
(3) Criteria for registration.--Agencies registered under
this subsection shall meet the following criteria:
(A) The agency is licensed in the State in which it is
located and is a nonprofit agency.
(B) The agency has been providing adoption services in
connection with intercountry adoptions for at least 3 years.
(C) The agency has demonstrated that it will be able to
provided the United States Government with all information
related to the elements described in section 104(b) and
provides such information.
(D) The agency has initiated the process of becoming
accredited under the provisions of this Act and is actively
taking steps to become an accredited agency.
(E) The agency has not been found to be involved in any
improper conduct relating to intercountry adoptions.
SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION AND
APPROVAL.
(a) Oversight of Accrediting Entities.--The Secretary
shall--
(1) monitor the performance by each accrediting entity of
its duties under section 202 and its compliance with the
requirements of the Convention, this Act, other applicable
laws, and implementing regulations under this Act; and
(2) suspend or cancel the designation of an accrediting
entity found to be substantially out of compliance with the
Convention, this Act, other applicable laws, or implementing
regulations under this Act.
(b) Suspension or Cancellation of Accreditation or
Approval.--
(1) Secretary's authority.--The Secretary shall suspend or
cancel the accreditation or approval granted by an
accrediting entity to an agency or person pursuant to section
202 when the Secretary finds that--
(A) the agency or person is substantially out of compliance
with applicable requirements; and
(B) the accrediting entity has failed or refused, after
consultation with the Secretary, to take appropriate
enforcement action.
(2) Correction of deficiency.--At any time when the
Secretary is satisfied that the deficiencies on the basis of
which an adverse action is taken under paragraph (1) have
been corrected, the Secretary shall--
(A) notify the accrediting entity that the deficiencies
have been corrected; and
(B)(i) in the case of a suspension, terminate the
suspension; or
(ii) in the case of a cancellation, notify the agency or
person that the agency or person may re-apply to the
accrediting entity for accreditation or approval.
(c) Debarment.--
(1) Secretary's authority.--On the initiative of the
Secretary, or on request of an accrediting entity, the
Secretary may temporarily or permanently debar an agency from
accreditation or a person from approval under this title, but
only if--
(A) there is substantial evidence that the agency or person
is out of compliance with applicable requirements; and
(B) there has been a pattern of serious, willful, or
grossly negligent failures to comply or other aggravating
circumstances indicating that continued accreditation or
approval would not be in the best interests of the children
and families concerned.
(2) Period of debarment.--The Secretary's debarment order
shall state whether the debarment is temporary or permanent.
If the debarment is temporary, the Secretary shall specify a
date, not earlier than 3 years after the date of the order,
on or after which the agency or person may apply to the
Secretary for withdrawal of the debarment.
(3) Effect of debarment.--An accrediting entity may take
into account the circumstances of the debarment of an agency
or person that has been debarred pursuant to this subsection
in considering any subsequent application of the agency or
person, or of any other entity in which the agency or person
has an ownership or control interest, for accreditation or
approval under this title.
(d) Judicial Review.--A person (other than a prospective
adoptive parent), an agency, or an accrediting entity who is
the subject of a final action of suspension, cancellation, or
debarment by the Secretary under this title may petition the
United States District Court for the District of Columbia or
the United States district court in the judicial district in
which the person resides or the agency or accrediting entity
is located to set aside the action. The court shall review
the action in accordance with section 706 of title 5, United
States Code.
(e) Failure to Ensure a Full and Complete Home Study.--
(1) Willful, grossly negligent, or repeated failure to
ensure the completion and transmission of a background report
(home study) that fully complies with the requirements of
section 203(b)(1)(A)(ii) shall constitute substantial
noncompliance with applicable requirements.
(2) Regulations promulgated under section 203 shall provide
for--
(A) frequent and careful monitoring of compliance by
agencies and approved persons with the requirements of
section 203(b)(1)(A)(ii); and
(B) consultation between the Secretary and the accrediting
entity where an agency or person has engaged in substantial
noncompliance with the requirements of section
203(b)(1)(A)(ii), unless the accrediting entity has taken
appropriate corrective action and the noncompliance has not
recurred.
(3) Repeated serious, willful, or grossly negligent
failures to comply with the requirements of section
203(b)(1)(A)(ii) by an agency or person after consultation
between the Secretary and the accrediting entity with respect
to previous noncompliance by such agency or person shall
constitute a pattern of serious, willful, or grossly
negligent failures to comply under subsection (c)(1)(B).
(4) A failure to comply with the requirements of section
203(b)(1)(A)(ii) shall constitute a serious failure to comply
under subsection (c)(1)(B) unless it is shown by clear
[[Page H6393]]
and convincing evidence that such noncompliance had neither
the purpose nor the effect of determining the outcome of a
decision or proceeding by a court or other competent
authority in the United States or the child's country of
origin.
SEC. 205. STATE PLAN REQUIREMENT.
Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking ``children.'' and
inserting ``children;''; and
(3) by adding at the end the following new paragraphs:
``(13) contain a description of the activities that the
State has undertaken for children adopted from other
countries, including the provision of adoption and post-
adoption services; and
``(14) provide that the State shall collect and report
information on children who are adopted from other countries
and who enter into State custody as a result of the
disruption of a placement for adoption or the dissolution of
an adoption, including the number of children, the agencies
who handled the placement or adoption, the plans for the
child, and the reasons for the disruption or dissolution.''.
TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES
SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED
STATES.
(a) Legal Effect of Certificates Issued by the Secretary of
State.--
(1) Issuance of certificates by the secretary of state.--
The Secretary of State shall, with respect to each Convention
adoption, issue a certificate to the adoptive citizen parent
domiciled in the United States that the adoption has been
granted or, in the case of a prospective adoptive citizen
parent, that legal custody of the child has been granted to
the citizen parent for purposes of emigration and adoption,
pursuant to the Convention and this Act, if the Secretary of
State--
(A) receives appropriate notification from the central
authority of such child's country of origin; and
(B) has verified that the requirements of the Convention
and this Act have been met with respect to the adoption.
(2) Legal effect of certificates.--If appended to an
original adoption decree, the certificate described in
paragraph (1) shall be treated by Federal and State agencies,
courts, and other public and private persons and entities as
conclusive evidence of the facts certified therein and shall
constitute the certification required by section 204(d)(2) of
the Immigration and Nationality Act, as amended by this Act.
(b) Legal Effect of Convention Adoption Finalized in
Another Convention Country.--A final adoption in another
Convention country, certified by the Secretary of State
pursuant to subsection (a) of this section or section 303(c),
shall be recognized as a final valid adoption for purposes of
all Federal, State, and local laws of the United States.
(c) Condition on Finalization of Convention Adoption by
State Court.--In the case of a child who has entered the
United States from another Convention country for the purpose
of adoption, an order declaring the adoption final shall not
be entered unless the Secretary of State has issued the
certificate provided for in subsection (a) with respect to
the adoption.
SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING
TO CHILDREN ADOPTED FROM CONVENTION COUNTRIES.
(a) Definition of Child.--Section 101(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is
amended--
(1) by striking ``or'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; or''; and
(3) by adding after subparagraph (F) the following new
subparagraph:
``(G) a child, under the age of sixteen at the time a
petition is filed on the child's behalf to accord a
classification as an immediate relative under section 201(b),
who has been adopted in a foreign state that is a party to
the Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption done at The Hague on May 29,
1993, or who is emigrating from such a foreign state to be
adopted in the United States, by a United States citizen and
spouse jointly, or by an unmarried United States citizen at
least twenty-five years of age--
``(i) if--
``(I) the Attorney General is satisfied that proper care
will be furnished the child if admitted to the United States;
``(II) the child's natural parents (or parent, in the case
of a child who has one sole or surviving parent because of
the death or disappearance of, abandonment or desertion by,
the other parent), or other persons or institutions that
retain legal custody of the child, have freely given their
written irrevocable consent to the termination of their legal
relationship with the child, and to the child's emigration
and adoption;
``(III) 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
[[Page H6394]]
(2) has determined that the adoptive placement is in the
best interests of the child.
(c) Duties of the Secretary of State.--In a case described
in subsection (a), the Secretary, on receipt and verification
as necessary of the material and information described in
subsection (a)(3), shall issue, as applicable, an official
certification that the child has been adopted or a
declaration that custody for purposes of adoption has been
granted, in accordance with the Convention and this Act.
(d) Filing with Registry Regarding Nonconvention
Adoptions.--Accredited agencies, approved persons, and other
persons, including governmental authorities, providing
adoption services in an intercountry adoption not subject to
the Convention that involves the emigration of a child from
the United States shall file information required by
regulations jointly issued by the Attorney General and the
Secretary of State for purposes of implementing section
102(e).
TITLE IV--ADMINISTRATION AND ENFORCEMENT
SEC. 401. ACCESS TO CONVENTION RECORDS.
(a) Preservation of Convention Records.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Attorney General, shall issue regulations that
establish procedures and requirements in accordance with the
Convention and this section for the preservation of
Convention records.
(2) Applicability of notice and comment rules.--Subsections
(b), (c), and (d) of section 553 of title 5, United States
Code, shall apply in the development and issuance of
regulations under this section.
(b) Access to Convention Records.--
(1) Prohibition.--Except as provided in paragraph (2), the
Secretary or the Attorney General may disclose a Convention
record, and access to such a record may be provided in whole
or in part, only if such record is maintained under the
authority of the Immigration and Nationality Act and
disclosure of, or access to, such record is permitted or
required by applicable Federal law.
(2) Exception for administration of the convention.--A
Convention record may be disclosed, and access to such a
record may be provided, in whole or in part, among the
Secretary, the Attorney General, central authorities,
accredited agencies, and approved persons, only to the extent
necessary to administer the Convention or this Act.
(3) Penalties for unlawful disclosure.--Unlawful disclosure
of all or part of a Convention record shall be punishable in
accordance with applicable Federal law.
(c) Access to Non-Convention Records.--Disclosure of,
access to, and penalties for unlawful disclosure of, adoption
records that are not Convention records, including records of
adoption proceedings conducted in the United States, shall be
governed by applicable State law.
SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES.
Documents originating in any other Convention country and
related to a Convention adoption case shall require no
authentication in order to be admissible in any Federal,
State, or local court in the United States, unless a specific
and supported claim is made that the documents are false,
have been altered, or are otherwise unreliable.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF
FEES.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to agencies of the Federal
Government implementing the Convention and the provisions of
this Act.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(b) Assessment of Fees.--
(1) The Secretary may charge a fee for new or enhanced
services that will be undertaken by the Department of State
to meet the requirements of this Act with respect to
intercountry adoptions under the Convention and comparable
services with respect to other intercountry adoptions. Such
fee shall be prescribed by regulation and shall not exceed
the cost of such services.
(2) Fees collected under paragraph (1) shall be retained
and deposited as an offsetting collection to any Department
of State appropriation to recover the costs of providing such
services.
(3) Fees authorized under this section shall be available
for obligation only to the extent and in the amount provided
in advance in appropriations Acts.
(c) Restriction.--No funds collected under the authority of
this section may be made available to an accrediting entity
to carry out the purposes of this Act.
SEC. 404. ENFORCEMENT.
(a) Civil Penalties.--Any person who--
(1) violates section 201;
(2) makes a false or fraudulent statement, or
misrepresentation, with respect to a material fact, or
offers, gives, solicits, or accepts inducement by way of
compensation, intended to influence or affect in the United
States or a foreign country--
(A) a decision by an accrediting entity with respect to the
accreditation of an agency or approval of a person under
title II;
(B) the relinquishment of parental rights or the giving of
parental consent relating to the adoption of a child in a
case subject to the Convention; or
(C) a decision or action of any entity performing a central
authority function; or
(3) engages another person as an agent, whether in the
United States or in a foreign country, who in the course of
that agency takes any of the actions described in paragraph
(1) or (2),
shall be subject, in addition to any other penalty that may
be prescribed by law, to a civil money penalty of not more
than $50,000 for a first violation, and not more than
$100,000 for each succeeding violation.
(b) Civil Enforcement.--
(1) Authority of attorney general.--The Attorney General
may bring a civil action to enforce subsection (a) against
any person in any United States district court.
(2) Factors to be considered in imposing penalties.--In
imposing penalties the court shall consider the gravity of
the violation, the degree of culpability of the defendant,
and any history of prior violations by the defendant.
(c) Criminal Penalties.--Whoever knowingly and willfully
violates paragraph (1) or (2) of subsection (a) shall be
subject to a fine of not more than $250,000, imprisonment for
not more than 5 years, or both.
TITLE V--GENERAL PROVISIONS
SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.
Subject to Article 24 of the Convention, adoptions
concluded between two other Convention countries that meet
the requirements of Article 23 of the Convention and that
became final before the date of entry into force of the
Convention for the United States shall be recognized
thereafter in the United States and given full effect. Such
recognition shall include the specific effects described in
Article 26 of the Convention.
SEC. 502. SPECIAL RULES FOR CERTAIN CASES.
(a) Authority to Establish Alternative Procedures for
Adoption of Children by Relatives.--To the extent consistent
with the Convention, the Secretary may establish by
regulation alternative procedures for the adoption of
children by individuals related to them by blood, marriage,
or adoption, in cases subject to the Convention.
(b) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
this Act, to the extent consistent with the Convention, the
Secretary may, on a case-by-case basis, waive applicable
requirements of this Act or regulations issued under this
Act, in the interests of justice or to prevent grave physical
harm to the child.
(2) Nondelegation.--The authority provided by paragraph (1)
may not be delegated.
SEC. 503. RELATIONSHIP TO OTHER LAWS.
(a) Preemption of Inconsistent State Law.--The Convention
and this Act shall not be construed to preempt any provision
of the law of any State or political subdivision thereof, or
prevent a State or political subdivision thereof from
enacting any provision of law with respect to the subject
matter of the Convention or this Act, except to the extent
that such provision of State law is inconsistent with the
Convention or this Act, and then only to the extent of the
inconsistency.
(b) Applicability of the Indian Child Welfare Act.--The
Convention and this Act shall not be construed to affect the
application of the Indian Child Welfare Act of 1978 (25
U.S.C. 1901 et seq.).
(c) Relationship to Other Laws.--Sections 3506(c), 3507,
and 3512 of title 44, United States Code, shall not apply to
information collection for purposes of sections 104,
202(b)(4), and 303(d) of this Act or for use as a Convention
record as defined in this Act.
SEC. 504. NO PRIVATE RIGHT OF ACTION.
The Convention and this Act shall not be construed to
create a private right of action to seek administrative or
judicial relief, except to the extent expressly provided in
this Act.
SEC. 505. EFFECTIVE DATES; TRANSITION RULE.
(a) Effective Dates.--
(1) Provisions effective upon enactment.--Sections 2, 3,
101 through 103, 202 through 205, 401(a), 403, 503, and
505(a) shall take effect on the date of the enactment of this
Act.
(2) Provisions effective upon the entry into force of the
convention.--Subject to subsection (b), the provisions of
this Act not specified in paragraph (1) shall take effect
upon the entry into force of the Convention for the United
States pursuant to Article 46(2)(a) of the Convention.
(b) Transition Rule.--The Convention and this Act shall not
apply--
(1) in the case of a child immigrating to the United
States, if the application for advance processing of an
orphan petition or petition to classify an orphan as an
immediate relative for the child is filed before the
effective date described in subsection (a)(2); or
(2) in the case of a child emigrating from the United
States, if the prospective adoptive parents of the child
initiated the adoption process in their country of residence
with the filing of an appropriate application before the
effective date described in subsection (a)(2).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Massachusetts (Mr. Delahunt)
each will control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members
[[Page H6395]]
may have 5 legislative days within which to revise and extend their
remarks on H.R. 2909.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I rise enthusiastically to bring to the
House floor H.R. 2909, the Intercountry Adoption Act, and I offer a
personal word of thanks for the diligent efforts of the gentlewoman
from Connecticut (Mrs. Johnson); the gentleman from Michigan (Mr.
Camp); the distinguished chairman of the Subcommittee on International
Operations and Human Rights, the gentleman from New Jersey (Mr. Smith);
the ranking minority member of the Committee on International
Relations, the gentleman from Connecticut (Mr. Gejdenson); and the
gentleman from Massachusetts (Mr. Delahunt) for their collective
efforts. Their efforts and their expertise enables us to bring this
bipartisan bill to the floor today, which has strong congressional
support with a remarkable total of 51 cosponsors.
The purpose of our bill is to provide the Department of State with
the necessary authorities to implement the Hague Convention on the
Protection of Children and Co-operation in Respect of Intercountry
Adoption. As a signatory to this convention, our Nation must now meet
the obligations of the convention, which includes establishing a
Federal central authority and an accreditation process for agencies
engaged in intercountry adoptions.
The Hague Convention, developed in response to abuses in the
intercountry adoption process, sets forth standards and procedures that
can be recognized and followed by countries engaged in intercountry
adoptions. This legal framework provides protection to the adoptive
children and to their families by ensuring that agencies and
individuals involved in the intercountry adoption process meet
standards of competence, ethical behavior, and financial soundness.
This bill reflects many hours of deliberation among committees of
jurisdiction, the Department of State and the Department of Justice. We
greatly appreciate the advice from many outside groups and individuals
as we crafted this bipartisan measure. We are also grateful for the
many letters of support we received for the bill before the House
today.
I say with confidence that we have before us a solid bill that will
enable our State Department to implement procedures to assist thousands
of families in adopting children from overseas.
{time} 1230
We want those parents to have the best information and services
available to them. This bill provides many consumer protections to
improve the intercountry adoption process and to establish a consistent
and a reliable system that will be recognized by other foreign
countries.
In closing, I would like to recognize the significant assistance
provided by leadership staff in helping us bring the bill to the floor
and to our Committee on International Relations staff members Kristen
Gilley, our professional staff member; David Abramowitz, our committee
minority counsel; Joseph Rees, counsel and staff director of our
Subcommittee on International Operations and Human Rights; and Mark
Agrast, staff assistant of the gentleman from Massachusetts (Mr.
Delahunt).
Mr. Speaker, I urge full support for this bill by our colleagues.
Mr. Speaker, I reserve the balance of my time.
Mr. DELAHUNT. Mr. Speaker, I yield myself such time as I may consume;
and I rise in support of the resolution.
Mr. Speaker, well, this day has been long in coming. And while I
still have some reservations about certain provisions of the bill, it
certainly is a good day. I might add parenthetically that today happens
to be my birthday, and passage of this measure certainly would be the
most memorable of birthday gifts.
I want to thank our chairman, the gentleman from New York (Mr.
Gilman), the chairman of the Committee on International Relations; the
gentleman from Connecticut (Mr. Gejdenson), the ranking member; and the
gentleman from North Dakota (Mr. Pomeroy), my friend and colleague, who
is the father of two adopted children from Korea; and our colleagues
from the Committee on Ways and Means, the gentlewoman from Connecticut
(Mrs. Johnson) and the gentleman from Michigan (Mr. Camp), who has been
a leader not only in this particular effort but on other important
adoption initiatives; as well as my friend and colleague, the gentleman
from New Jersey (Mr. Smith); also, a number of key officials at the
Department of State who contributed substantially to this effort. Their
advice and input are genuinely appreciated.
I also want to express my appreciation to Senators Helms, Biden, and
Landrieu, with whom the amended bill was carefully developed in the
course of extensive consultations.
And finally, I want to thank the many adoptive families, adoption
experts and child service organizations that have been so generous with
their encouragement and counsel on the many difficult issues that we
had to confront.
At our hearing on the bill last October, I promised to do all I could
to see that this would be an open process and that their concerns would
be heard. I believe that promise has been kept, Mr. Speaker, and that
the extensive input we received has resulted in a bill that merits wide
support.
Mr. Speaker, I think many of my colleagues are aware of the fact
that, for me, this is no ordinary piece of legislation. And
intercountry adoption is not some abstract or theoretical policy
question or concept.
This past April 6, my family marked the 25th anniversary of the
arrival of my younger daughter, Kara, who was airlifted out of Vietnam
during ``Operation Baby-Lift'' just days before the fall of Saigon.
I cannot express adequately to this House how profoundly her arrival
changed our lives. Her mother, Katy, her sister, Kirsten, and I often
reflect on how much richer and fuller our lives are because she is part
of us, she is our family. But our experience is far from unique, as I
am sure can be verified by my friend, the gentleman from North Dakota
(Mr. Pomeroy). It is shared by hundreds of thousands of families across
this country, including a number of my colleagues in this House who
have adopted from abroad.
Intercountry adoption is not the answer to all the problems affecting
children around the world, but it has given loving homes and a chance
in life to needy children who could not be cared for in their countries
of origin.
When the process works, it results in the successful placement of
happy, well-adjusted children with responsible parents who will love
and care for them. But problems, including some very serious problems,
do occur. And while most of the leading international adoption agencies
maintain high ethical and professional standards, sadly, this is not
always the case.
Documented abuses range from the charging of exorbitant fees by so-
called ``facilitators'' in some countries to child kidnapping, baby
smuggling; and coerced consent from birth mothers do occur.
In some cases, information has been improperly held from adoptive
families with regards to the child's medical and psychological
condition. And tragically, some adoptions have been disrupted because
the adoptive families were poorly prepared for their parenting
responsibilities as a result of the failure of the agency to provide
the necessary pre- and post-adoption counseling.
Such concerns have caused a number of countries, including Russia,
Romania, and Guatemala, to actually suspend overseas adoptions until
safeguards could be put in place.
For example, last March a special United Nations investigator
reported to the Human Rights Commission that Guatemalan babies have
been reduced to ``objects of trade and commerce.'' And that is a quote,
``objects of trade and commerce.''
According to her report, prominent lawyers, doctors, and judges in
Guatemala were involved in a series of abuses from falsifying birth
records to tricking or drugging frightened birth mothers into signing
over their children.
[[Page H6396]]
That is why the Hague Convention on Intercountry Adoption is of such
importance and this implementing language is so critical. It will help
eliminate these abuses and enable both birth parents and adoptive
families to participate in the intercountry adoption process with full
confidence and a sense of security.
It is also important to understand the importance of the United
States' role on this issue. As the largest receiving country for
adopted children, the United States played a prominent role in
negotiating the Convention. Since Americans adopt four out of five
children that are placed through intercountry adoption, it is certainly
in our national interest to secure ratification. And while 40 nations
have already ratified the document, many more are simply waiting to see
what we will do.
U.S. ratification will signal our commitment to these standards and
will reassure sending countries that we intend to abide by them. And I
am hopeful that it will encourage people everywhere to consider the
benefits of international adoption.
On the other hand, should we fail to ratify, we will deal a serious
setback to the Convention and will cause major sending nations to
reconsider whether to continue to send their children here.
Mr. Speaker, I recognize that this legislation represents a
compromise on many tough issues. And every compromise involves some
degree of sacrifice by all concerned. I am, therefore, very grateful
that so many organizations representing such a broad spectrum of
opinion have been willing to put aside their broader agendas and give
their support to the bill.
Again, I want to thank all who have contributed to this effort. But
before I conclude, I would be remiss not to take particular note of the
extraordinary contributions of the following staff: Kristen Gilley of
the Committee on International Relations; David Abramowitz of the
Committee on International Relations minority staff; Cassie Bevan of
the Committee on Ways and Means of the majority staff; and Mark Agrast,
my own legislative director.
As I suggested, this has been an arduous and lengthy process. I have
no doubt that this legislation has involved more meetings and
conversations and discussions than possibly any other proposal in the
106th Congress. But for their efforts, it is clear that we would not be
here today. Their dedication, their persistence and their commitment
bordered at times on the Herculean.
We all, particularly those who adopt children from overseas, are
deeply in their debt and we recognize that their motivation was a deep
and profound concern, love, if you will, for children everywhere on
God's good Earth who are in the most desperate of situations.
So, on behalf of all of us, especially those children, I thank my
colleagues. They have truly made a difference.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I am pleased to yield 3 minutes to the
gentleman from New Jersey (Mr. Smith) the distinguished chairman of our
Subcommittee on International Operations and Human Rights.
Mr. SMITH of New Jersey. Mr. Speaker, it is with great pride and
pleasure that I rise to urge the enactment of H.R. 2909, the
Intercountry Adoption Act of 2000.
I am proud to be an original cosponsor of the Intercountry Adoption
Act, which is necessary to implement the Hague Convention on Protection
of Children and Co-operation in Respect of Intercountry Adoption.
The Convention was adopted in 1993 and signed by the United States in
1994. It will enter into force for the U.S. when the Senate gives its
advise and consent and the President ratifies it.
Senator Helms, the chairman of the Senate Foreign Relations
Committee, has indicated his intention to schedule a committee vote as
soon as both Houses of Congress have enacted this implementing
legislation.
Mr. Speaker, the purpose of the Hague Convention and of this
implementing legislation is twofold. The first purpose is to facilitate
international adoptions whenever they are in the best interest of the
child by eliminating unnecessary confusion, expense, and delay
resulting from differences among certain laws and practices of nations.
The second and equally important purpose is to ensure transparent and
fair regulation of international adoptions so that adoptions that are
not in the best interest of the child, whether they involve gross
abuses such as baby stealing and baby selling or other abuses that
result in placing children in inappropriate settings, will not take
place.
The legislation now before us establishes a framework for fulfilling
both these essential goals. It charges the Secretary of State and the
Attorney General with overseeing a process of accreditation and
regulation of agencies and persons involved in international adoptions
while avoiding unnecessary Federal encroachment on the regulatory
authority long exercised by State governments. It sets minimum
standards for this process of accreditation and regulation, all of
which are designed to protect the best interests of children by
promoting their adoption into appropriate family settings by agencies
whose employees have the requisite skill, experience, and good
judgment. And it ensures that courts and other competent authorities in
the United States and in the adoptive children's countries of origin,
as well as prospective adoptive parents, will have the information they
need to make intelligent, life-affirming decisions.
Mr. Speaker, just let my say, throughout my 20 years in Congress, I
have worked tirelessly on behalf of adoption and always in a bipartisan
way.
In the late 80's, I introduced the OMNIBUS Adoption Act--which had as
its centerpiece, a $5,000 tax credit for nonrecurring expenses. That's
low today. Now I've introduced an updated measure designed to boost the
credit to $10,000. That too is a bipartisan bill. The text in H.R. 2909
as it is presented on the floor today, is again a result of a
tremendous amount of bipartisan work on the text.
Let me also point out, Mr. Speaker, in keeping with this commitment
of protecting children, during the long and painstaking process of
preparing this bill for enactment, I have at various times expressed
concerns about provisions in preliminary versions of the legislation.
Particularly, I have been concerned that the new regulatory scheme not
facilitate ``end runs'' around legitimate laws and policies of States
and foreign countries designed to protect the best interests of
children.
{time} 1245
Again I am happy to say that the gentleman from New York (Mr. Gilman)
and I and the gentleman from Massachusetts (Mr. Delahunt), the
gentleman from Michigan (Mr. Camp), the gentlewoman from Connecticut
(Mrs. Johnson) and many others have worked on legislation, with a text
we could all agree to.
I join my colleague in thanking the professional work of our
respective staffs especially Joseph Rees, who is general counsel and
chief of staff of my Subcommittee on International Operations and Human
Rights.
Mr. DELAHUNT. Mr. Speaker, I yield 2 minutes to the gentleman from
Connecticut (Mr. Gejdenson), the ranking member of the Committee on
International Relations.
Mr. GEJDENSON. Mr. Speaker, I want to join my colleagues in
recognizing the bipartisan effort in accomplishing this goal and all
the participants, the chairman, the subcommittee chairman, those on the
Committee on Ways and Means, particularly from my side of the aisle,
the gentleman from Massachusetts (Mr. Delahunt), the staff on both
sides, particularly my staff, Mr. Abramowitz and others who were
involved and also the staff back in the district that we all have that
taught us the lessons of why we need this legislation. On my staff,
Patty Shea, who works in the Middletown office, not only has adopted on
her own, as a number of my other staff people have, but has constantly
been involved in the trouble related often to the intricacies of
adoption, whether in the United States at our end of the process or in
the country where the child is coming from.
And so for all of us who have seen the torment and heartache often
associated with families who are in the process of adopting running
into very complex situations, often contradictory procedures and laws
in our country and the country where the child is coming from, the
efforts here today to set up
[[Page H6397]]
an international regime that will set some certainty and a process by
which parents and potential parents can know what that process is going
to be is an important step forward.
The complexities here are significant, obviously, not simply those
that divide some of us here in this Congress on the things we care
about; but one of the concerns that I had of course is the impact on
small agencies to make sure they were not overrun by a large
bureaucratic system, but also the differences between countries and
cultures and different systems of law. It will necessitate more
cooperation in the future in every one of these categories.
I commend all the participants again for the work they have done here
on this important piece of legislation. It is the kind of thing that
makes us all proud to participate in this great democratic process we
have here. I thank particularly the gentleman from Massachusetts (Mr.
Delahunt) for his work.
Mr. GILMAN. Mr. Speaker, I am pleased to yield 4 minutes to the
gentlewoman from Connecticut (Mrs. Johnson), the distinguished chairman
of the Subcommittee on Human Resources.
Mrs. JOHNSON of Connecticut. Mr. Speaker, I thank the gentleman very
much for yielding me this time and rise in strong support of passage of
this Intercountry Adoption Act. The Subcommittee on Human Resources of
the Committee on Ways and Means has written legislation that has more
than doubled adoptions nationwide in America through good law, and we
hope that this Intercountry Adoption Act will not only demonstrate
America's commitment to the child, the birth parents and the adoptive
parents, all parties to the adoption but will enable those adoptions to
move more smoothly and more rapidly so that more children throughout
the world can find permanent and loving homes.
The purpose of the Hague Convention on Intercountry Adoption is to
set the rules for intercountry adoption that will do three important
things: first, allow recognition of adoption among the party countries;
two, protect the interests of all members of the adoption triad; and,
three, prevent illegal child trafficking.
The Convention establishes an international set of principles and
rules that will govern intercountry adoptions. These rules provide for
the first time normal international recognition of the process of
intercountry adoption and establish a minimum set of uniform standards
governing international adoptions.
The implementing legislation we have before us today has been a long
time in coming. The number of people that have been involved has been
iterated by previous speakers so I will not reiterate those names; but
it is fair to say without six Members of this House devoting really
many hours to this subject over the last 2 years, we would not have
this opportunity to more fairly and honestly and effectively govern
international adoptions.
I would particularly like to recognize the efforts of the gentleman
from Michigan (Mr. Camp). He is a member of my subcommittee. He has
been involved in this issue many, many years; and he has carried the
major responsibility on behalf of the Committee on Ways and Means and
myself on this legislation. I also want to recognize the work of Dr.
Cassie Bevan, our chief of staff, because not only did she write the
Safe Home and Families Act that has done so much to increase adoptions
in America, but she was very instrumental in helping us find the
language that allowed us to come to agreement on this bill and have it
before Members today.
There are two principles that governed the drafting of this
implementing legislation. First, the drafters were careful to include
in the implementing legislation only those requirements that were
specifically mandated by the Convention. The Convention required the
implementing country to, among other things, designate a central
authority, establish an accreditation process, and preserve adoption
records.
This legislation was not intended to change domestic adoption
practices or provide for a larger Federal role in nonconvention
adoptions but was designed to meet the specific requirements of the
Hague Convention. Secondly, the drafters were mindful that in the
United States, family law is a field in which States are preeminent.
Thus, this legislation was not viewed as an opportunity to override
State laws. On the contrary, efforts to override State laws were
resisted.
The Intercountry Adoption Act was designed to put into practice
certain internationally agreed upon norms and procedures. Among these
are the establishment of an accreditation system that will ensure that
adoption agencies and adoption lawyers engage in sound, ethical
adoption practices that recognize the dignity of all the parties
involved.
Today, the Congress continues to build an impressive record of
promoting adoption. I believe that H.R. 2909 along with the adoption
tax credit, the Multiethnic Placement Act, the Adoption and Safe
Families Act, and the Foster Care Independence Act shows our interest
in making it easier for children to find permanent, loving families
through adoption.
I congratulate the gentleman from New York (Mr. Gilman) for his
skillful leadership and the intense interest of a few Members, that
handful of Members on both sides of the aisle that have made this bill
possible and thank again my staff, the staff of all the committees, and
the office of the gentleman from Texas (Mr. DeLay) that helped us get
this crucial legislation to the floor.
Mr. DELAHUNT. Mr. Speaker, I yield such time as he may consume to the
gentleman from North Dakota (Mr. Pomeroy), a member of the Committee on
International Relations.
Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding time. I
am grateful to many as I get up to speak on this legislation, including
the majority leadership for allowing this bill to come up on the
suspension calendar. I am particularly grateful to the legislators who
played such critical roles in getting this to the point where we can
now enact it. It is critical legislation. Although this was not slated
for House floor action intentionally to coincide with the birthday of
the gentleman from Massachusetts (Mr. Delahunt), it could not have been
more appropriately timed because he has put in such an extraordinary
effort to bring it to this point.
Let me put a personal face on this issue. This is my daughter
Kathryn. On February 3, 1994, the very day that Mother Teresa addressed
the National Prayer Breakfast about the importance of adoption, Kathryn
arrived on a Northwest jet out at National Airport. My wife and I went
out and picked her up. She has certainly deeply changed our lives. It
is a miracle, an absolute miracle. Two years later we adopted a son, a
similar blessed event. We love him just as much; I just do not happen
to have a poster of Scotty. I hope he understands.
This miracle has many composite points. As you look through them,
really it is not a miracle; but it is a culmination of events,
extraordinarily important events. The miracle behind Kathryn being my
daughter today begins with South Korea having a priority on the best
interests of its children, a priority that even usurps national pride
to the dimension where they cannot place when they do not have capacity
to place, they cannot find the homes for the children who need
adoption, they have sought families wherever they may be located,
including in our case, halfway around the world from where Kathryn was
born. It takes a special country with special values to hold the
interests of its children to the forefront in this way, and I commend
South Korea and all countries that facilitate the interests of their
children in this fashion.
Next, it takes quality programs where the quality assurance of the
homes for placement is absolutely assured, because it is not just about
sticking kids in some homes; it is about quality families for these
beautiful children. I want to commend the agency we worked with, Asia,
the individuals at that agency, Ted Kim, Mary Durr and Marilyn Regere,
who were so involved in our own adoption circumstances. They
represented the very finest in terms of quality assurance in an
adoption program.
We need and will by this legislation make certain that there are the
highest standards of quality. It is very important because the United
States in 1998 alone received 16,000 children from
[[Page H6398]]
around the world for placement with United States families. Now, this
is a level of intercountry adoption activity that will raise concern in
some of these countries where the children are coming from. They want
to make certain these children are going to be provided for in the ways
that they have a right to expect, safe environments, loving homes,
capacity to provide. We need to make certain as the country accepting
these children into our families that we address this concern by having
processes and procedures that are open, that assure the highest levels
of quality and that comport in all respects with the international
standards agreed to between the many countries of the Hague Convention.
Just a few weeks ago, I met with a number of Russian judges who deal
with family adoption. They had questions about why the Hague Convention
had not yet been approved. I am very pleased we will be able to answer
those questions with this action today. The United States is completely
committed to providing the finest homes and families for these
beautiful children and our action on this legislation makes that very
clear. Beyond that, the bill facilitates the coordination of adoption
laws across the country and I believe will help families who so
desperately want to have the miracle of children that my own family has
gotten to experience realize this goal through international adoption,
if not otherwise.
In conclusion, I would just say to each of you who have been involved
in this legislation that you have helped children find families and
families find children who need them. There is not a thing we do in
this body more important than this task. I commend each of you for your
great work.
Mr. GILMAN. Mr. Speaker, I am pleased to yield 3 minutes to the
gentleman from Michigan (Mr. Camp), a member of the Subcommittee on
Human Resources.
(Mr. CAMP asked and was given permission to revise and extend his
remarks.)
Mr. CAMP. Mr. Speaker, I rise in strong support of our bipartisan
legislation to strengthen the international adoption process. I would
like to commend the leadership of the gentleman from New York (Mr.
Gilman), the gentlewoman from Connecticut (Mrs. Johnson) of the
Committee on Ways and Means, the gentleman from New Jersey (Mr. Smith),
chairman of the subcommittee, and our leadership on this important
issue. I also have to mention that the gentleman from Connecticut (Mr.
Gejdenson), the ranking member, and also the gentleman from
Massachusetts (Mr. Delahunt) have been very active on this issue; and I
appreciate all of their efforts to make this bill a reality.
Of course, no bill comes to the floor without the help of competent
staff: Kristen Gilley, David Abramowitz, Mark Agrast, Joseph Reece, and
especially Dr. Cassie Bevan of the Subcommittee on Human Resources of
the Committee on Ways and Means.
Our bill today is about families opening their homes and their hearts
to children who need them. Before I came to Congress, I represented
families seeking to adopt. There is nothing more rewarding than seeing
a mom and dad bring home a new child into their family through
adoption. This bill will help bring families together.
In the last 10 years, almost 100,000 children from other countries
have been adopted by U.S. families. That is a doubling of international
adoptions. We adopt more children from abroad than all other countries
combined. In 1998 alone, over 15,000 children were adopted by U.S.
parents. This increase has created many opportunities for children to
find loving homes. At the same time with the sharp increase, we have a
responsibility to establish international standards to ensure that
adoptions are safe, that they are in the best interest of the child,
the birth parents and the adoptive parents.
Mr. Speaker, no important bill is ever easy; but it is easy to work
on legislation where you can see up close the impact it has on the
lives of children and their families. For that reason, the United
States in 1994 signed the Hague Intercountry Adoption Convention, which
establishes basic international procedures for concluding safe
intercountry adoptions. The Intercountry Adoption Act, of which I am
proud to be an original cosponsor, implements the Hague Convention. We
were careful to include in this implementing legislation only what was
specifically mandated by the convention.
{time} 1300
And, second, in U.S. law, especially in U.S. family law and adoption,
State authority is assured. The bill establishes the State Department
as a central authority to monitor these adoptions and help adoptive
parents in dealing with officials in other countries. The State
Department will designate one or more private, nonprofit organizations
to accredit U.S. adoption service providers using strict standards of
ethics, competence, and financial soundness. These accredited agencies
can then facilitate intercountry adoptions in other Hague countries.
Mr. Speaker, in closing, I, again, want to commend the gentleman from
New York (Chairman Gilman), the gentlewoman from Connecticut (Chairman
Johnson), and everyone involved in our bill, our leadership, especially
the gentleman from Texas (Mr. DeLay), for the hard work they put in for
making this bill possible.
Mr. Speaker, I believe that the work we have done will allow the
other body to quickly take up ratification of the treaty and passage of
our implementing legislation.
Mr. Speaker, I urge support of our bill.
Mr. GILMAN. Mr. Speaker, I thank the gentleman for his remarks. Mr.
Speaker, I do not have any further requests for time and I reserve the
balance of my time.
Mr. DELAHUNT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would simply conclude by saying I am sure that my
family is watching, and they heard the reference by the gentleman from
North Dakota (Mr. Pomeroy) to the agency that placed Kathryn with the
Pomeroy family, and I do not want to leave the floor and receive a
telephone call, so I really want to acknowledge the Holt International
Children's Services in Eugene, Oregon, giving me the greatest gift of
all, which was my daughter, Kara.
I particularly want to acknowledge Susan Cox, who several years ago I
encountered and engaged me in this particular legislation; but, as I
said, in my remarks, it certainly is a good day.
Mr. Speaker, it is a good day for hopefully tens of thousands of
children all over this planet who will find a deserving home.
Mr. Speaker, I yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend all of our Members who took part in
today's debate and, once again, all of the staff members who worked so
diligently to bring together this bipartisan measure. And I, too, want
to commend the Holt agency. I am very familiar with them; it was
formerly the Pearl Buck Group that started this agency. They have done
such good work in bringing children and parents together, and I want to
thank particularly the gentleman from Massachusetts (Mr. Delahunt) as
we gave him his gift for his birthday today. I urge my colleagues to
support this measure.
Mr. BLILEY. Mr. Speaker, our children are our future and they
represent our hopes and dreams. Many families decide adoption is the
right path for them to build a family and we should do all we can to
promote life-affirming policies like adoption. As an adoptive father, I
believe every child deserves love, shelter, security, and a permanent
home yet the orphanages around the world are filled with children
seeking loving homes and families. Many Americans choose to adopt a
child from another country because they know they can make a difference
in a child's life. America is a rich country and our citizens are very
generous in opening up their homes to orphans. The Hague Intercountry
Adoption Act builds upon the spirit of the thousands of American
parents who have adopted their child from another country.
I am a proud cosponsor of the Hague Intercountry Adoption Act because
I am committed to ensuring intercountry adoption remains a viable
option for American families. American families are very altruistic
because they spend thousands of dollars and are willing to travel to a
foreign country to build a family. Unfortunately, some people took
advantage of adoptive parents and legislation was needed. The Hague
Intercountry Adoption Act attempts to guarantee the child's safety and
fully protects the rights of the adoptive parents and birth parents.
[[Page H6399]]
In the days ahead, Congress must ensure the process of crafting rules
and regulations for the Hague is done in an expeditious manner.
Congress must also ensure that the regulatory process is not abused and
used in a manner to reward the efforts of those who failed to achieve
their policy initiatives through the legislative process. I strongly
believe the Central Authority must be fully staffed and have personnel
with adoption experience. Inadequate staffing levels and/or lack of
staff familiar about adoption policy could lead to a dramatic decline
in the number of intercountry adoptions.
Today is a momentous day for adoption. This legislation provides hope
for orphaned children worldwide and it will improve the lives of
countless children and families.
Mr. BURR of North Carolina. Mr. Speaker, last summer I introduced
legislation with Representative Ballenger that approached this issue
differently than H.R. 2909 as introduced.
Through the committee process, however, we were able to reach a
compromise between H.R. 2342 and H.R. 2909. Through the efforts of
Chairman Gilman and Ranking Member Gejdenson the legislation we are
considering today takes the best of both bills, and I would like to
thank them for their hard work in moving the process forward. I would
also like to thank Representative Delahunt, who perhaps more than
anyone in this body appreciates the positive impact this legislation
can have. He is to be commended for his role in the process as well.
I would like to extend a special thank you to those parents of
children adopted from overseas who contacted me with their concerns and
for sharing their experiences with me. Their input was critically
important, and I appreciate their active interest in this legislation
and the process we have gone through.
It is an unfortunate reality that there are people willing to exploit
the vulnerability of needy children and their prospective parents. The
willingness of these families to go through the international adoption
process, despite its flaws, is testimony to their character. The
passage of this legislation affirms our commitment to creating a
framework that better protects children and their families in the
future.
Despite our different approaches in addressing the problems faced by
children and parents in the international adoption process, it is safe
to say we all want the same thing--to help those who want nothing more
than to provide a child with a loving home. It is my firm belief that
the legislation we are considering today will do just that, and I
encourage my colleagues to vote for this important bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Quinn). The question is on the motion
offered by the gentleman from New York (Mr. Gilman) that the House
suspend the rules and pass the bill, H.R. 2909, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________