[106th Congress Public Law 279]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ279.106]
[[Page 114 STAT. 825]]
Public Law 106-279
106th Congress
An Act
To provide for implementation by the United States of the Hague
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption, and for other purposes. <<NOTE: Oct. 6,
2000 - [H.R. 2909]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Intercountry Adoption Act
of 2000.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 14901 note.>> 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. <<NOTE: 42 USC 14901.>> FINDINGS AND PURPOSES.
(a) Findings.--Congress recognizes--
[[Page 114 STAT. 826]]
(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. <<NOTE: 42 USC 14902.>> DEFINITIONS.
As used in this Act:
(1) Accredited agency.--The term ``accredited agency'' means
an agency accredited under title II to provide adoption services
in the United States in cases subject to the Convention.
(2) Accrediting entity.--The term ``accrediting entity''
means an entity designated under section 202(a) to accredit
agencies and approve persons under title II.
(3) Adoption service.--The term ``adoption service'' means--
(A) identifying a child for adoption and arranging
an adoption;
(B) securing necessary consent to termination of
parental rights and to adoption;
(C) performing a background study on a child or a
home study on a prospective adoptive parent, and
reporting on such a study;
(D) making determinations of the best interests of a
child and the appropriateness of adoptive placement for
the child;
(E) post-placement monitoring of a case until final
adoption; and
(F) where made necessary by disruption before final
adoption, assuming custody and providing child care or
any other social service pending an alternative
placement.
The term ``providing'', with respect to an adoption service,
includes facilitating the provision of the service.
(4) Agency.--The term ``agency'' means any person other than
an individual.
(5) Approved person.--The term ``approved person'' means a
person approved under title II to provide adoption services in
the United States in cases subject to the Convention.
(6) Attorney general.--Except as used in section 404, the
term ``Attorney General'' means the Attorney General, acting
through the Commissioner of Immigration and Naturalization.
[[Page 114 STAT. 827]]
(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. <<NOTE: 42 USC 14911.>> 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.--
[[Page 114 STAT. 828]]
(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. <<NOTE: 42 USC 14912.>> 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) <<NOTE: Deadline. Notice.>> not later than the date of
the entry into force of the Convention for the United States
(pursuant to Article 46(2)(a) of the Convention) and at least
once during each subsequent calendar year, providing to the
central authority of all other Convention countries a notice
requesting the central authority of each such country to specify
any requirements of such country regarding adoption, including
restrictions on the eligibility of persons to adopt, with
respect to which information on the prospective adoptive parent
or parents in the United States would be relevant;
(3) making responses to notices under paragraph (2)
available to--
(A) accredited agencies and approved persons; and
(B) other persons or entities performing home
studies under section 201(b)(1);
(4) ensuring the provision of a background report (home
study) on prospective adoptive parent or parents (pursuant to
the requirements of section 203(b)(1)(A)(ii)), through the
central authority of each child's country of origin, to the
court having jurisdiction over the adoption (or, in the case of
a child emigrating to the United States for the purpose of
adoption, to the competent authority in the child's country of
origin
[[Page 114 STAT. 829]]
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) <<NOTE: Federal Register, publication.>> 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. <<NOTE: 42 USC 14913.>> 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. <<NOTE: 42 USC 14914.>> ANNUAL REPORT ON INTERCOUNTRY
ADOPTIONS.
(a) Reports Required.--Beginning <<NOTE: Effective date.>> 1 year
after the date of the entry into force of the Convention for the United
States and each year thereafter, the Secretary, in consultation with the
Attorney General and other appropriate agencies, shall submit a report
describing the activities of the central authority of the United States
under this Act during the preceding year to the Committee on
International Relations, the Committee on Ways and Means,
[[Page 114 STAT. 830]]
and the Committee on the Judiciary of the House of Representatives and
the Committee on Foreign Relations, the Committee on Finance, and the
Committee on the Judiciary of the Senate.
(b) Report Elements.--Each report under subsection (a) shall set
forth with respect to the year concerned, the following:
(1) The number of intercountry adoptions involving
immigration to the United States, regardless of whether the
adoption occurred under the Convention, including the country
from which each child emigrated, the State to which each child
immigrated, and the country in which the adoption was finalized.
(2) The number of intercountry adoptions involving
emigration from the United States, regardless of whether the
adoption occurred under the Convention, including the country to
which each child immigrated and the State from which each child
emigrated.
(3) The number of Convention placements for adoption in the
United States that were disrupted, including the country from
which the child emigrated, the age of the child, the date of the
placement for adoption, the reasons for the disruption, the
resolution of the disruption, the agencies that handled the
placement for adoption, and the plans for the child, and in
addition, any information regarding disruption or dissolution of
adoptions of children from other countries received pursuant to
section 422(b)(14) of the Social Security Act, as amended by
section 205 of this Act.
(4) The average time required for completion of a Convention
adoption, set forth by country from which the child emigrated.
(5) The current list of agencies accredited and persons
approved under this Act to provide adoption services.
(6) The names of the agencies and persons temporarily or
permanently debarred under this Act, and the reasons for the
debarment.
(7) The range of adoption fees charged in connection with
Convention adoptions involving immigration to the United States
and the median of such fees set forth by the country of origin.
(8) The range of fees charged for accreditation of agencies
and the approval of persons in the United States engaged in
providing adoption services under the Convention.
TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL
SEC. 201. <<NOTE: 42 USC 14921.>> 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
[[Page 114 STAT. 831]]
(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. <<NOTE: 42 USC 14922.>> PROCESS FOR ACCREDITATION AND
APPROVAL; ROLE OF ACCREDITING ENTITIES.
(a) Designation of Accrediting Entities.--
(1) In general.--The <<NOTE: Contracts.>> Secretary shall
enter into agreements with one or more qualified entities under
which such entities will perform the duties described in
subsection (b) in accordance with the Convention, this title,
and the regulations prescribed under section 203, and upon
entering into each such agreement shall designate the qualified
entity as an accrediting entity.
(2) Qualified entities.--In paragraph (1), the term
``qualified entity'' means--
(A) a nonprofit private entity that has expertise in
developing and administering standards for entities
providing child welfare services and that meets such
other criteria as the Secretary may by regulation
establish; or
(B) a public entity (other than a Federal entity),
including an agency or instrumentality of State
government having responsibility for licensing adoption
agencies, that--
(i) has expertise in developing and
administering standards for entities providing
child welfare services;
(ii) accredits only agencies located in the
State in which the public entity is located; and
(iii) meets such other criteria as the
Secretary may by regulation establish.
(b) Duties of Accrediting Entities.--The duties described in this
subsection are the following:
(1) Accreditation and approval.--Accreditation of agencies,
and approval of persons, to provide adoption services in the
United States in cases subject to the Convention.
(2) Oversight.--Ongoing <<NOTE: Procedures.>> 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.
[[Page 114 STAT. 832]]
(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. <<NOTE: 42 USC 14923.>> 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.
[[Page 114 STAT. 833]]
(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) <<NOTE: Records.>> 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) <<NOTE: Reports.>> The agency ensures
that a thorough background report (home study) on
the prospective adoptive parent or parents has
been completed in accordance with the Convention
and with applicable Federal and State requirements
and transmitted to the Attorney General with
respect to each Convention adoption. Each such
report shall include a criminal background check
and a full and complete statement of all facts
relevant to the eligibility of the prospective
adopting parent or parents to adopt a child under
any requirements specified by the central
authority of the child's country of origin under
section 102(b)(3), including, in the case of a
child emigrating to the United States for the
purpose of adoption, the requirements of the
child's country of origin applicable to adoptions
taking place in such country. For purposes of this
clause, the term ``background report (home
study)'' includes any supplemental statement
submitted by the agency to the Attorney General
for the purpose of providing information relevant
to any requirements specified by the child's
country of origin.
(iii) The agency provides prospective adoptive
parents with a training program that includes
counseling and guidance for the purpose of
promoting a successful intercountry adoption
before such parents travel to adopt the child or
the child is placed with such parents for
adoption.
(iv) The agency employs personnel providing
intercountry adoption services on a fee for
service basis rather than on a contingent fee
basis.
(v) The agency discloses fully its policies
and practices, the disruption rates of its
placements for intercountry adoption, and all fees
charged by such agency for intercountry adoption.
(B) Capacity to provide adoption services.--The
agency has, directly or through arrangements with other
persons, a sufficient number of appropriately trained
and qualified personnel, sufficient financial resources,
appropriate organizational structure, and appropriate
procedures to enable the agency to provide, in
accordance with this Act, all adoption services in cases
subject to the Convention.
[[Page 114 STAT. 834]]
(C) Use of social service professionals.--The agency
has established procedures designed to ensure that
social service functions requiring the application of
clinical skills and judgment are performed only by
professionals with appropriate qualifications and
credentials.
(D) Records, reports, and information matters.--The
agency is capable of--
(i) maintaining such records and making such
reports as may be required by the Secretary, the
United States central authority, and the
accrediting entity that accredits the agency;
(ii) cooperating with reviews, inspections,
and audits;
(iii) safeguarding sensitive individual
information; and
(iv) complying with other requirements
concerning information management necessary to
ensure compliance with the Convention, this Act,
and any other applicable law.
(E) Liability insurance.--The agency agrees to have
in force adequate liability insurance for professional
negligence and any other insurance that the Secretary
considers appropriate.
(F) Compliance with applicable rules.--The agency
has established adequate measures to comply (and to
ensure compliance of their agents and clients) with the
Convention, this Act, and any other applicable law.
(G) Nonprofit organization with state license to
provide adoption services.--The agency is a private
nonprofit organization licensed to provide adoption
services in at least one State.
(2) Approval.--The standards prescribed under subsection (a)
shall include the requirement that a person shall not be
approved under this title unless the person is a private for-
profit entity that meets the requirements of subparagraphs (A)
through (F) of paragraph (1) of this subsection.
(3) Renewal of accreditation or approval.--The standards
prescribed under subsection (a) shall provide that the
accreditation of an agency or approval of a person under this
title shall be for a period of not less than 3 years and not
more than 5 years, and may be renewed on a showing that the
agency or person meets the requirements applicable to original
accreditation or approval under this title.
(c) Temporary Registration of Community Based Agencies.--
(1) One-year registration period for medium community based
agencies.--For a 1-year period after the entry into force of the
Convention and notwithstanding subsection (b), the Secretary may
provide, in regulations issued pursuant to subsection (a), that
an agency may register with the Secretary and be accredited to
provide adoption services in the United States in cases subject
to the Convention during such period if the agency has provided
adoption services in fewer than 100 intercountry adoptions in
the preceding calendar year and meets the criteria described in
paragraph (3).
(2) Two-year registration period for small community-based
agencies.--For a 2-year period after the entry into
[[Page 114 STAT. 835]]
force of the Convention and notwithstanding subsection (b), the
Secretary may provide, in regulations issued pursuant to
subsection (a), that an agency may register with the Secretary
and be accredited to provide adoption services in the United
States in cases subject to the Convention during such period if
the agency has provided adoption services in fewer than 50
intercountry adoptions in the preceding calendar year and meets
the criteria described in paragraph (3).
(3) Criteria for registration.--Agencies registered under
this subsection shall meet the following criteria:
(A) The agency is licensed in the State in which it
is located and is a nonprofit agency.
(B) The agency has been providing adoption services
in connection with intercountry adoptions for at least 3
years.
(C) The agency has demonstrated that it will be able
to provide the United States Government with all
information related to the elements described in section
104(b) and provides such information.
(D) The agency has initiated the process of becoming
accredited under the provisions of this Act and is
actively taking steps to become an accredited agency.
(E) The agency has not been found to be involved in
any improper conduct relating to intercountry adoptions.
SEC. 204. <<NOTE: 42 USC 14924.>> 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) <<NOTE: Notification.>> notify the accrediting
entity that the deficiencies have been corrected; and
(B)(i) in the case of a suspension, terminate the
suspension; or
[[Page 114 STAT. 836]]
(ii) in the case of a cancellation, notify the
agency or person that the agency or person may re-apply
to the accrediting entity for accreditation or approval.
(c) Debarment.--
(1) Secretary's authority.--On the initiative of the
Secretary, or on request of an accrediting entity, the Secretary
may temporarily or permanently debar an agency from
accreditation or a person from approval under this title, but
only if--
(A) there is substantial evidence that the agency or
person is out of compliance with applicable
requirements; and
(B) there has been a pattern of serious, willful, or
grossly negligent failures to comply or other
aggravating circumstances indicating that continued
accreditation or approval would not be in the best
interests of the children and families concerned.
(2) Period of debarment.--The Secretary's debarment order
shall state whether the debarment is temporary or permanent. If
the debarment is temporary, the Secretary shall specify a date,
not earlier than 3 years after the date of the order, on or
after which the agency or person may apply to the Secretary for
withdrawal of the debarment.
(3) Effect of debarment.--An accrediting entity may take
into account the circumstances of the debarment of an agency or
person that has been debarred pursuant to this subsection in
considering any subsequent application of the agency or person,
or of any other entity in which the agency or person has an
ownership or control interest, for accreditation or approval
under this title.
(d) Judicial Review.--A person (other than a prospective adoptive
parent), an agency, or an accrediting entity who is the subject of a
final action of suspension, cancellation, or debarment by the Secretary
under this title may petition the United States District Court for the
District of Columbia or the United States district court in the judicial
district in which the person resides or the agency or accrediting entity
is located to set aside the action. The court shall review the action in
accordance with section 706 of title 5, United States Code.
(e) Failure To Ensure a Full and Complete Home Study.--
(1) In general.--Willful, grossly negligent, or repeated
failure to ensure the completion and transmission of a
background report (home study) that fully complies with the
requirements of section 203(b)(1)(A)(ii) shall constitute
substantial noncompliance with applicable requirements.
(2) Regulations.--Regulations promulgated under section 203
shall provide for--
(A) frequent and careful monitoring of compliance by
agencies and approved persons with the requirements of
section 203(b)(A)(ii); and
(B) consultation between the Secretary and the
accrediting entity where an agency or person has engaged
in substantial noncompliance with the requirements of
section 203(b)(A)(ii), unless the accrediting entity has
taken appropriate corrective action and the
noncompliance has not recurred.
[[Page 114 STAT. 837]]
(3) Repeated failures to comply.--Repeated serious, willful,
or grossly negligent failures to comply with the requirements of
section 203(b)(1)(A)(ii) by an agency or person after
consultation between Secretary and the accrediting entity with
respect to previous noncompliance by such agency or person shall
constitute a pattern of serious, willful, or grossly negligent
failures to comply under subsection (c)(1)(B).
(4) Failure to comply with certain requirements.--A failure
to comply with the requirements of section 203(b)(1)(A)(ii)
shall constitute a serious failure to comply under subsection
(c)(1)(B) unless it is shown by clear and convincing evidence
that such noncompliance had neither the purpose nor the effect
of determining the outcome of a decision or proceeding by a
court or other competent authority in the United States or the
child's country of origin.
SEC. 205. STATE PLAN REQUIREMENT.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is
amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking ``children.'' and
inserting ``children;''; and
(3) by adding at the end the following new paragraphs:
``(13) contain a description of the activities that the
State has undertaken for children adopted from other countries,
including the provision of adoption and post-adoption services;
and
``(14) <<NOTE: Records.>> 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. <<NOTE: 42 USC 14931.>> 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
[[Page 114 STAT. 838]]
(B) has verified that the requirements of the
Convention and this Act have been met with respect to
the adoption.
(2) Legal effect of certificates.--If appended to an
original adoption decree, the certificate described in paragraph
(1) shall be treated by Federal and State agencies, courts, and
other public and private persons and entities as conclusive
evidence of the facts certified therein and shall constitute the
certification required by section 204(d)(2) of the Immigration
and Nationality Act, as amended by this Act.
(b) Legal Effect of Convention Adoption Finalized in Another
Convention Country.--A final adoption in another Convention country,
certified by the Secretary of State pursuant to subsection (a) of this
section or section 303(c), shall be recognized as a final valid adoption
for purposes of all Federal, State, and local laws of the United States.
(c) Condition on Finalization of Convention Adoption by State
Court.--In the case of a child who has entered the United States from
another Convention country for the purpose of adoption, an order
declaring the adoption final shall not be entered unless the Secretary
of State has issued the certificate provided for in subsection (a) with
respect to the adoption.
SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING TO
CHILDREN ADOPTED FROM CONVENTION COUNTRIES.
(a) Definition of Child.--Section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; or''; and
(3) by adding after subparagraph (F) the following new
subparagraph:
``(G) a child, under the age of sixteen at the time a
petition is filed on the child's behalf to accord a
classification as an immediate relative under section 201(b),
who has been adopted in a foreign state that is a party to the
Convention on Protection of Children and Co-operation in Respect
of Intercountry Adoption done at The Hague on May 29, 1993, or
who is emigrating from such a foreign state to be adopted in the
United States, by a United States citizen and spouse jointly, or
by an unmarried United States citizen at least 25 years of age--
``(i) if--
``(I) the Attorney General is satisfied that
proper care will be furnished the child if
admitted to the United States;
``(II) the child's natural parents (or parent,
in the case of a child who has one sole or
surviving parent because of the death or
disappearance of, abandonment or desertion by, the
other parent), or other persons or institutions
that retain legal custody of the child, have
freely given their written irrevocable consent to
the termination of their legal relationship with
the child, and to the child's emigration and
adoption;
``(III) in the case of a child having two
living natural parents, the natural parents are
incapable of providing proper care for the child;
[[Page 114 STAT. 839]]
``(IV) the Attorney General is satisfied that
the purpose of the adoption is to form a bona fide
parent-child relationship, and the parent-child
relationship of the child and the natural parents
has been terminated (and in carrying out both
obligations under this subclause the Attorney
General may consider whether there is a petition
pending to confer immigrant status on one or both
of such natural parents); and
``(V) in the case of a child who has not been
adopted--
``(aa) the competent authority of
the foreign state has approved the
child's emigration to the United States
for the purpose of adoption by the
prospective adoptive parent or parents;
and
``(bb) the prospective adoptive
parent or parents has or have complied
with any pre-adoption requirements of
the child's proposed residence; and
``(ii) except that no natural parent or prior
adoptive parent of any such child shall thereafter, by
virtue of such parentage, be accorded any right,
privilege, or status under this Act.''.
(b) Approval of Petitions.--Section 204(d) of the Immigration and
Nationality Act (8 U.S.C. 1154(d)) is amended--
(1) by striking ``(d)'' and inserting ``(d)(1)'';
(2) by striking ``section 101(b)(1)(F)'' and inserting
``subparagraph (F) or (G) of section 101(b)(1)''; and
(3) by adding at the end the following new paragraph:
``(2) Notwithstanding the provisions of subsections (a) and (b), no
petition may be approved on behalf of a child defined in section
101(b)(1)(G) unless the Secretary of State has certified that the
central authority of the child's country of origin has notified the
United States central authority under the convention referred to in such
section 101(b)(1)(G) that a United States citizen habitually resident in
the United States has effected final adoption of the child, or has been
granted custody of the child for the purpose of emigration and adoption,
in accordance with such convention and the Intercountry Adoption Act of
2000.''.
(c) Definition of Parent.--Section 101(b)(2) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(2)) is amended by inserting ``and
paragraph (1)(G)(i)'' after ``second proviso therein)''.
SEC. 303. <<NOTE: 42 USC 14932.>> 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
[[Page 114 STAT. 840]]
(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) <<NOTE: Records.>> documentation of the matters
described in paragraph (1);
(B) <<NOTE: Reports.>> 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) <<NOTE: Records.>> Furnish to the United States central
authority--
(A) official copies of State court orders certifying
the final adoption or grant of custody for the purpose
of adoption;
(B) the information and documents described in
paragraph (2), to the extent required by the United
States central authority; and
(C) any other information concerning the case
required by the United States central authority to
perform the functions specified in subsection (c) or
otherwise to carry out the duties of the United States
central authority under the Convention.
(b) Conditions on State Court Orders.--An order declaring an
adoption to be final or granting custody for the purpose of adoption in
a case described in subsection (a) shall not be entered unless the
court--
(1) has received and verified to the extent the court may
find necessary--
(A) the material described in subsection (a)(2); and
(B) satisfactory evidence that the requirements of
Articles 4 and 15 through 21 of the Convention have been
met; and
(2) has determined that the adoptive placement is in the
best interests of the child.
(c) Duties <<NOTE: Certification.>> 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,
[[Page 114 STAT. 841]]
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. <<NOTE: 42 USC 14941.>> ACCESS TO CONVENTION RECORDS.
(a) Preservation of Convention Records.--
(1) In general.--Not <<NOTE: Deadline. Regulations.>> 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. <<NOTE: 42 USC 14942.>> 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. <<NOTE: 42 USC 14943.>> AUTHORIZATION OF APPROPRIATIONS;
COLLECTION OF FEES.
(a) Authorization of Appropriations.--
[[Page 114 STAT. 842]]
(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. <<NOTE: 42 USC 14944.>> 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.
[[Page 114 STAT. 843]]
(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. <<NOTE: 42 USC 14951.>> 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. <<NOTE: 42 USC 14952.>> 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. <<NOTE: 42 USC 14953.>> 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. <<NOTE: 42 USC 14954.>> 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.
[[Page 114 STAT. 844]]
SEC. 505. <<NOTE: 42 USC 14901 note.>> 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).
Approved October 6, 2000.
LEGISLATIVE HISTORY--H.R. 2909:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-691, Pt. 1 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 18, considered and passed House.
July 27, considered and passed Senate, amended.
Sept. 18, House concurred in Senate amendment with an
amendment.
Sept. 20, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Oct. 6, Presidential statement.
<all>