[Congressional Record Volume 149, Number 172 (Sunday, November 23, 2003)]
[Senate]
[Pages S15647-S15652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NICKLES (for himself, Ms. Landrieu, Mr. Craig, Mr. 
        Bingaman, Mr. Inhofe, and Mr. Smith):
  S. 1934. A bill to establish an Office of Intercountry Adoptions 
within the Department of State, and to reform United States laws 
governing intercountry adoptions; to the Committee on the Judiciary.
  Mr. NICKLES. Mr. President, today on National Adoption Day, I rise to 
introduce the Intercountry Adoption Reform Act along with my colleagues 
Senators Landrieu, Craig, Bingaman, Inhofe and Smith. The primary focus 
of this bill is to streamline, simplify and improve the foreign 
adoption process for families, adoption agencies and more importantly 
for the foreign adopted children of American citizens.
  In the last decade, there has been a significant growth in 
intercountry adoption. In 1990, Americans adopted more than 7,000 
children from abroad. In 2002, Americans adopted almost 20,000 children 
from abroad. Families are increasingly seeking to create or enlarge 
their families through intercountry adoptions. There are many children 
worldwide who are without permanent homes. It is the intent of this 
bill to make much-needed reforms to the intercountry adoption process 
used by U.S. citizens and therefore help more homeless children 
worldwide find a permanent home here in the United States.
  There are two main goals of this legislation. First, and more 
importantly, this bill acknowledges and affirms that foreign adopted 
children of American citizens are to be treated in all respects the 
same as children born abroad to an American citizen. Under existing 
law, foreign adopted children are treated as immigrants to the United 
States. They have to apply for, and be granted immigrant visas to enter 
the United States. Once they enter the United States, citizenship is 
acquired automatically. Had these children been born abroad to American 
citizens, they would have traveled back to the United States with a 
U.S. passport and entered as citizens. This bill provides for equal 
treatment for foreign adopted children.
  Furthermore, these children are not immigrating to the United States 
in the traditional sense of the word. They are not choosing to come to 
our country, but rather American citizens are choosing to bring them 
here as part of their families. Once a full and final adoption has 
occurred, then the adopted child is a full-fledged member of the family 
and under adoption law is considered as if ``natural born.'' As a child 
of an American citizen, the foreign adopted child should be treated as 
such, not as an immigrant.
  The second goal is to consolidate the existing functions of the 
Federal Government relating to foreign adoption into one centralized 
office located within the Department of State. Currently, these 
functions are performed by offices within the Department of Homeland 
Security and the Department of State. Consolidation of these functions 
into one office will result in focused attention on the needs of 
families seeking to adopt overseas and on the children they are hoping 
to make part of their families.
  Today, when a family seeks to adopt overseas, it has to first be 
approved to adopt by the Department of Homeland Security. Then, after a 
child has been chosen, the Department of Homeland Security has to 
determine if the child is adoptable under Federal adoption law. After 
this determination is made, the Department of State has to determine 
whether the child qualifies for a visa as an immediate relative of an 
American citizen. This bill seeks to minimize the paperwork involved 
and streamline the process by having these functions all performed in 
one, centralized office, the Office of Intercountry Adoptions, staffed 
by expert personnel trained in adoption practices.
  The focus of this office will be on foreign adoptions and only on 
foreign adoptions. Officials in the Department of Homeland Security and 
the Department of State that currently perform the functions being 
transferred to this new office have many other duties, such as 
screening for terrorists or dealing with illegal immigrants. Adoption 
is frequently a low priority on the desk of such officers. By 
consolidating these functions into one office, with its sole focus 
being foreign adoption, these issues can be handled more promptly and 
given the priority they deserve.
  Another aspect of the Office of Intercountry Adoptions that I 
consider extremely important is the proactive role that we intend for 
it to take in assisting other countries in establishing fraud-free, 
transparent adoption practices and interceding on behalf of American 
citizens when foreign adoption issues occur. By establishing an 
Ambassador at Large for Intercountry Adoption, this legislation will 
provide a point of contact for foreign governments when issues 
involving foreign adoptions arise.
  In the last few years there have been many examples of instances 
where our government has had to intercede on behalf of Americans 
seeking to adopt a foreign child. For example, Romania has been closed 
to foreign adoption for more than 2 years now. When Romania issued its 
moratorium on foreign adoption, hundreds of American families who were 
in the process of adopting Romanian orphans were unable to complete 
their adoptions. Fortunately, the Department of State was able to work 
successfully with the Romanian government to have these adoptions 
processed and persuaded Romania to grant exceptions to the moratorium 
for these American families and their adopted. Unfortunately, the 
moratorium is still in place leaving many orphans stuck in orphanages 
across Romania.
  There also have been major adoption issues involving Cambodia, 
Vietnam, and Guatemala in the last 2 years. These issues are still 
being addressed by various officials within the Department of State and 
the Department of Homeland Security. It will be greatly beneficial to 
have a point person within the Federal Government to work on these 
issues, facilitate resolutions, and intercede on behalf of American 
families.
  There also are some very significant procedural changes in the 
foreign adoption process included in this bill. Under the Child 
Citizenship Act of 2000, a foreign child adopted by a U.S. citizen 
acquires automatic citizenship upon entry into the United States to 
reside permanently. This bill proposes to change the point of 
acquisition of citizenship from entry into the United States to the 
time when a full and final adoption decree is entered by a foreign 
government or a court in the United States. Prior to citizenship 
attaching, the child must be determined to be an ``adoption child'' 
under U.S. law as defined in this bill. This provision is made 
retroactive to January 1, 1950, the year Americans began to adopt from 
abroad. This date also addresses the issue of children adopted during 
this time period whose parents failed to naturalize them under previous 
law.
  Additionally, the Secretary of State shall issue a U.S. passport and 
a Consular Report of Birth for a child who satisfies the requirements 
of the Child Citizenship Act as amended by this Act. No visa will be 
required for such a child; instead it will be admitted to the United 
States upon presentation of a valid U.S. passport. No affidavit of 
support under 213A of the Immigration and Nationality Act will be 
required nor will the child be required to undergo a medical exam. 
These changes are again made to more closely equate the process of 
bringing a foreign adopted child home to the process of documenting and 
bringing home a biological child born abroad to a U.S. citizen.
  When a U.S. citizen gives birth abroad, the parents simply go to the 
U.S. Embassy, present the child's birth certificate, their marriage 
license and proof of U.S. citizenship. Upon receiving this 
documentation, the embassy provides the parents with a U.S. passport 
for the child and a Consular Report of Birth that serves as proof of 
their child's citizenship as well as the child's birth certificate. 
This process takes little to no time to complete.
  The process for foreign adopted children, however, is anything but 
quick and easy. Currently, an adoptive family may have to travel from 
the country where it adopts a child to another

[[Page S15648]]

country in order to get the child's immigrant visa. Only certain 
embassies are able to grant such visas. On the other hand, most 
embassies are equipped to provide passports and Consular Reports of 
Birth. This will eliminate the need and expense associated with 
families having to travel with their newly adopted children to another 
U.S. Embassy in a different location prior to bringing the children 
home.
  This bill also provides that the adoptive parents do not have to 
prove twice that they are financially capable of providing for their 
child and eliminates the immigration requirement of having the child 
undergo a medical exam. Before a family is approved to adopt a foreign 
child, the Federal Government has to be satisfied that the family is 
financially able to care for the child. This is part of the approval 
process. They should not have to repeat this process once they have 
fully and finally adopted a child.
  In addition, prior to a family choosing to adopt a child, they should 
acquire and be provided as much medical information as is available on 
the health of the child so that it can make an informed decision on its 
ability to care for the child. Once that information has been provided 
and the child has been adopted, the child is now a member of the 
family. No biological child is denied entry because of medical reasons, 
nor should an adopted child be denied.
  Another section of this bill provides for a new type of visa for 
children traveling to the United States for the purpose of being 
adopted by an American citizen who has been approved to adopt. 
Currently children who are not adopted overseas prior to their entry 
into the United States are allowed entry using an immigrant visa. As I 
have stated earlier, these children are not immigrants. They are being 
brought to the United States, at the request of a U.S. citizen, to 
become a member of that family. This new visa is a non-immigrant visa 
which authorizes admission of the child for the purposes of adoption. 
The authorized admission under this section terminates on the date the 
adoption is finalized, or 2 years after the date of admission if the 
adoption has not been finalized. Until the child is adopted, the child 
will receive temporary treatment as a legal permanent resident.

  This bill also redefines the criteria used to determine a child's 
eligibility for adoption This is a critical piece of this legislation. 
The existing statutory language has not been revised since it was first 
written over 50 years ago. When it was written it was intended to deal 
primarily with war orphans and it does not permit voluntary 
relinquishment of children who have two living parents. The provision 
in this bill has been written to more fully comport with the language 
as agreed to in the Intercountry Adoption Act of 2000 which does permit 
the adoption of children whose parents have irrevocably relinquished 
them.
  The bill also includes many safeguards such as: requirements that the 
Secretary of State is satisfied that the proper care will be furnished 
the child; that the purpose of the adoption is to form a bona fide 
parent-child relationship; that the biological parent-child 
relationships have been terminated; that the Secretary of State, in 
consultation with the Secretary of Homeland Security, is satisfied that 
the child is not a security risk; and that whose adoption and 
emigration to the United States has been approved by the competent 
authority of the country of the child's place of birth or residence.
  Now that I have covered some of the significant aspects of this bill, 
let me tell you what this bill does not do. It does not create more 
bureaucracy or additional regulation. It does not increase fees for 
adoption. It does not slow down the adoption process. It does not add 
more red tape or additional paperwork. In fact, it does just the 
opposite.
  It consolidates existing Federal processes for foreign adoptions into 
what is intended to be a ``one stop shop''--the Office of Intercountry 
Adoptions. It eliminates paperwork involved in getting an immigrant 
visa and provides citizenship documentation up front for the child, 
saving the adoptive family from having to deal with this upon its 
return home. Instead the fully and finally adopted child enters the 
United States on a U.S. passport as a U.S. citizen and child of a U.S. 
citizen.
  This bill is intended to ease the paperwork burden on adoptive 
parents who have already gone through extensive paperwork and 
documentation production to accomplish their adoption. It is intended 
to recognize that children adopted by American citizens are the 
children of American citizens and entitled to all the same rights, 
duties and responsibilities of biological children of U.S. citizens 
born abroad.
  I introduce this bill with the hope that its passage will 
significantly improve the foreign adoption process so that more 
children worldwide can find loving, permanent homes. It is my prayer 
that someday, adoption will not be needed. That all children will be 
born into stable, loving homes to parents who want them and are able to 
care for them. However, until that day comes the foreign adoption 
process can be improved and should be improved. Foreign adopted 
children should be treated as children of U.S. citizens, not as 
immigrants, and should be accorded all the same rights as biological 
children of U.S. citizens. To that end, I introduce this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1934

       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 2003'' 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 United States citizens and homeless 
     children, reforms are needed in the intercountry adoption 
     process used by United States citizens.
       (7) 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.
       (8) 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.
       (9) 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.
       (10) 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.
       (11) 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 children immediately upon final 
     adoption.
       (12) 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 foreign born children adopted by United 
     States citizens will be treated identically to a biological 
     child born abroad to the same citizen parent;
       (2) to improve the intercountry adoption process to make it 
     more citizen friendly and child oriented; and
       (3) to foster best practices.

     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).

[[Page S15649]]

       (3) 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 origin 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.
       (4) Office.--The term ``Office'' means the Office of 
     Intercountry Adoptions established under section 101(a).
       (5) 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.--There is 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.
       (2) Authority.--The Ambassador at Large shall report 
     directly to the Secretary of State, in consultation with the 
     Assistant Secretary for Consular Affairs.
       (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 Hague 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 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.--To advise and 
     support the Secretary of State and other relevant Bureaus 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 
     Hague Convention; and
       (dd) census information on the number of children in 
     orphanages, foster homes, and other types of nonpermanent 
     residential care;

       (II) the number of intercountry adoptions by United States 
     citizens, regardless of whether the adoption occurred under 
     The Hague Convention, 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, regardless of whether the 
     adoption occurred under The Hague Convention, including the 
     country where each child now resides and the State from which 
     each child emigrated;
       (IV) the number of Hague 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)(4) of the 
     Social Security Act;
       (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 charged in connection 
     with Hague Convention adoptions 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 Hague 
     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 6 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 adjudicate the status of a 
     child born abroad 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) Administration.--To perform administrative functions 
     related to the functions performed under paragraphs (1) 
     through (5), 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 6 divisions corresponding to the 6 functions 
     of the Office. All 6 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.
       (e) Qualifications and Training.--In addition to meeting 
     the employment requirements of the Department of State, 
     officers employed in any of the 6 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.
       (f) Use of Electronic Databases and Filing.--To the extent 
     possible, the Office shall make use of centralized, 
     electronic databases and electronic form filing.

[[Page S15650]]

     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.--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 such effective 
     date 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.

     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 origin 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; 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.''.
       (b) Effective Date.--This section shall take effect as if 
     enacted on January 1, 1950.

     SEC. 202. REVISED PROCEDURES.

       (a) In General.--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.

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       (4) The Secretary of State shall not require an adopted 
     child described in paragraph (1) to undergo a medical exam.
       (b) 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. 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 by the 
     Ambassador at Large, acting through the Office of 
     Intercountry Adoptions established under section 101(a) of 
     the Intercountry Adoption Reform Act.''.
       (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:
       ``(q) 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 2 years after the date of admission 
     of the nonimmigrant into the United States.''.
       (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) 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;
       ``(ii) are unable to provide proper care for the child, as 
     determined by the appropriate governmental authority of the 
     child's residence; or
       ``(iii) have voluntarily relinquished the child to 
     governmental authorities pursuant to the law of the child's 
     residence;
       ``(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, in 
     consultation with the Secretary of Homeland Security, is 
     satisfied that the person is not a security risk; and
       ``(E) whose adoption and emigration to the United States 
     has been approved 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.
       (c) Expedited Reapproval Process of Families Previously 
     Approved To Adopt.--The Ambassador at Large 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 appropriate appellate jurisdiction of the 
     Department of State, and if necessary, Federal court.
       (5) Regulations regarding appeals.--Not later than 6 months 
     after the date of enactment of this Act, the Ambassador at 
     Large 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) within 30 days of 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.
       (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.

                           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.

  Ms. LANDRIEU. Mr. President, two years ago, I had the distinct 
pleasure of spending an hour with the President of China, Jiang Jiamin. 
As you know, President Jiamin is tremendously busy and has numerous 
requests for personal meetings, but he agreed to meet with this 
particular U.S. delegation because of the importance of the subject we 
were there to discuss, international adoption. During this meeting, he 
shared with us that the Chinese believe every child born is born with a 
red string attached to their heart, the other end of which is tied to 
the ankle of their soul mate. It is because of this string, they 
believe, that soul mates eventually find each other and spend the rest 
of their lives together. It is his belief, that perhaps the same is 
true of children who are adopted. That when they are born, their hearts 
have a string that is tied to the ankle of their forever family, and it 
is because of that heartstring that they eventually find one another.
  I will treasure the memory of this meeting forever. Not only because 
it was an extreme honor to meet with such a learned and distinguished 
leader, but because it reminds me of how profound adoption is. 19,237 
children were adopted by American citizens last year. 18,477 children 
the year before that, 16,363 in 1999 and 15,744 children in 1998. That 
is almost 100,000 children in four years. I think it is easy for us to 
understand the impact that these adoptions have had on the adoptive 
families and the orphan children, but what I would like to focus on 
this morning is the impact that this has for

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the diplomatic relations between the United States and countries 
throughout the world.
  In sheer numbers alone, the impact is evident. In real terms, these 
children are ``mini-ambassadors'' to 200,000 American citizen parents, 
400,000 grandparents, conservatively 800,000 aunts and uncles, and 
300,000 siblings. According to a recent report by the U.S. Census 
Bureau, 1.6 million people in the United States were adopted, fifteen 
percent of them from abroad. Because of this magnificent process, 
communities all over the U.S. are deepening this understanding and 
affinity for the people of the world. September 11 reminded us of the 
importance of continuing to build bridges with the nations of the 
world. International adoption is one very effective and lasting way to 
build these bridges.
  Over this past year, I have also had the privilege of meeting with 
the Presidents of Kazakstan, Romania and Russia and high-ranking 
government officials from Cambodia, Vietnam, Guatemala, Africa, and the 
Ukraine. Each time the message is the same. They want to do what they 
can to make the Hague more than just a piece of paper with 59 
signatures on it. They are looking to the U.S. to lead the way toward a 
system of international adoption and child welfare that is based on 
best practices. A system comprised of meaningful protections for the 
adoptive parents, the birth parents, and perhaps most importantly the 
children; a system that universally recognizes that a government 
institution is not and cannot be an adequate replacement for a family 
and works toward the shared mission of finding every child in this 
world a loving and nurturing, permanent family.
  I am proud to be here today, along with my colleague, the Senior 
Senator from Oklahoma, to introduce legislation that will take us in 
that direction. What it proposes to do is simple, but what it might 
help us to achieve is limitless. Simply put, this bill hopes to 
streamline the existing international adoption process, consolidate its 
federal functions into one agency and to empower that agency with the 
staff and resources it needs to represent the United States, the 
largest beneficiary from international adoption. With this office in 
place, the United States can begin to lead the world community in 
forging an international system of adoption that protects the interests 
of all those involved.
  Under current law the federal responsibility for international 
adoption lies with the Department of State and the U.S. Citizenship and 
Immigration Services. This dual jurisdiction gives rise to several 
problems including: lack of coordination, lack of accountability, 
duplication of efforts and unnecessary paperwork and fees for 
prospective adoptive families. It also impedes the State Departments 
ability to fulfill its responsibilities as the central authority under 
the Hague Treaty on Cooperation in International Adoption.
  Now, you may be asking yourself, as I have many times, what does 
adoption have to do with immigration? You see, under current law 
children adopted by United States citizens abroad are treated as 
immigrants, forced to apply for an immigrant visa to enter the United 
States. This process is not only impractical, since these children 
obtain automatic citizenship upon entry into the United States, it is 
inequitable. Children born to U.S. citizens abroad are conferred 
automatic citizenship upon their birth and are therefore permitted to 
travel to the United States on a U.S. passport. Children adopted by 
United States citizens should be afforded this same protection. This 
bill affords them that protection.
  This bill also proposes that we update the current law definitions of 
an ``adoptable child'' to reflect the types of children in need of 
homes throughout the world. The current law definition of ``orphan'' 
reflects the reality for which it was created; to help U.S. citizens 
adopt children orphaned by the wars in Korea and Vietnam. As such, it 
is an extremely narrow definition that in many cases prohibits a family 
from bringing their newly adopted child to the United States.
  In creating an Ambassador at Large for international adoption, this 
bill hopes to provide the leadership and high level diplomatic 
representation so desperately needed in international adoption. Under 
his or her leadership, the Office of International Adoptions will be 
able to take the proactive measures necessary to limit corruption and 
ensure that adoptions are performed in the most efficient, transparent 
manner possible. The Hague Treaty already gives the State Department 
this responsibility; this bill is designed to help them fulfill it.
  Let me tell you why we need to act now to pass this legislation. 
Because of the lack of consistent leadership by the United States in 
this area, many countries around the world are in ``crisis mode'' and 
have been forced to take unilateral actions to solve perceived problems 
in the system. For two years, there has been a moratorium on 
international adoption in Romania. The second anniversary of the INS 
issued suspension in Cambodia is fast approaching. The governments of 
Guatemala and Vietnam have taken actions to limit the number of 
international adoptions. In each and every one of these cases, the 
foreign governments have expressed frustration with the lack of action 
on the part of the U.S. to limit corruption or close potential 
loopholes in the system. The end result, hundreds and thousands of 
children are left in orphanages. This cannot be.
  I have spent the past two years talking to foreign governments, 
agencies, and most importantly, adoptive parents and they tell me that 
this legislation is needed. I urge my colleagues to join me in 
supporting this legislation and I look forward to seeing it passed as 
soon as possible.
  Mr. INHOFE. Mr. President, I rise today, National Adoption Day, to 
join my colleagues in introducing this bill to give children everyhwere 
around the world a greater chance to find a loving, permanent home.
  This bill, the Intercountry Adoption Reform Act (ICARE), will 
automatically make a child who is adopted from another country a 
citizen the minute the adoption is finalized.
  This legislation has a personal impact for me. My granddaughter was 
adopted from Ethiopia a few years ago. Even though she is a vital part 
of our family, she was not a citizen when she arrived. We now have to 
do work to make the law recognize her in the same light we do--as a 
legal member of our family and a lawful citizen of this country--
entitled to the same rights and privileges as all my other biological 
grandchildren.
  ICARE will ensure that foreign-born children, such as my 
granddaughter, will be treated the same as biological children born 
abroad to the same parent who is an American citizen. It will help 
streamline international adoptions and implement best practices for all 
adoptions.
  Situations such as one that happened in my State of Oklahoma would 
not have happened under this legislation. Anna Lynn Fincher was born in 
the Philippines and adopted by a U.S. military couple in the 
Philippines. Even though they adopted Anna Lynn in the Philippines, 
they never brought her to the United States. Sadly, both of Anna Lynn's 
American parents died while in the Philippines--before Anna Lynn was 
able to set foot on American soil and become a U.S. citizen. As a 
result, she had to be granted Humanitarian Parole, which is granted to 
people in extreme circumstances, so that she could come to the United 
States and be adopted by her adoptive sister.
  Under ICARE, Anna Lynn would have become a citizen as soon as her 
adoption was finalized--eliminating the need for Humanitarian Parole 
and another adoption.
  Providing children, such as my granddaughter and Anna Lynn, with a 
permanent, stable family is the most precious gift we can give a child. 
I am proud to lend my support to this important legislation that will 
help give these young people a home.
                                 ______