PUBLIC LAW 106–279—OCT. 6, 2000 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intercountry

Adoption Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I—UNITED STATES CENTRAL AUTHORITY

Sec. 101. Designation of central authority.

Sec. 102. Responsibilities of the Secretary of State.

Sec. 103. Responsibilities of the Attorney General.

Sec. 104. Annual report on intercountry adoptions.

TITLE II—PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

Sec. 201. Accreditation or approval required in order to provide adoption services

in cases subject to the Convention.

Sec. 202. Process for accreditation and approval; role of accrediting entities.

Sec. 203. Standards and procedures for providing accreditation or approval.

Sec. 204. Secretarial oversight of accreditation and approval.

Sec. 205. State plan requirement.

TITLE III—RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

Sec. 301. Adoptions of children immigrating to the United States.

Sec. 302. Immigration and Nationality Act amendments relating to children adopted from Convention countries.

Sec. 303. Adoptions of children emigrating from the United States.

TITLE IV—ADMINISTRATION AND ENFORCEMENT

Sec. 401. Access to Convention records.

Sec. 402. Documents of other Convention countries.

Sec. 403. Authorization of appropriations; collection of fees.

Sec. 404. Enforcement.

TITLE V—GENERAL PROVISIONS

Sec. 501. Recognition of Convention adoptions.

Sec. 502. Special rules for certain cases.

Sec. 503. Relationship to other laws.

Sec. 504. No private right of action.

Sec. 505. Effective dates; transition rule.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress recognizes—

42 USC 14901.

42 USC 14901

note.

Intercountry

Adoption Act of

2000.

Oct. 6, 2000

[H.R. 2909]

114 STAT. 826 PUBLIC LAW 106–279—OCT. 6, 2000

(1) the international character of the Convention on Protection of Children and Co-operation in Respect of Intercountry

Adoption (done at The Hague on May 29, 1993); and

(2) the need for uniform interpretation and implementation

of the Convention in the United States and abroad,

and therefore finds that enactment of a Federal law governing

adoptions and prospective adoptions subject to the Convention

involving United States residents is essential.

(b) PURPOSES.—The purposes of this Act are—

(1) to provide for implementation by the United States

of the Convention;

(2) to protect the rights of, and prevent abuses against,

children, birth families, and adoptive parents involved in adoptions (or prospective adoptions) subject to the Convention, and

to ensure that such adoptions are in the children’s best

interests; and

(3) to improve the ability of the Federal Government to

assist United States citizens seeking to adopt children from

abroad and residents of other countries party to the Convention

seeking to adopt children from the United States.

SEC. 3. DEFINITIONS.

As used in this Act:

(1) ACCREDITED AGENCY.—The term ‘‘accredited agency’’

means an agency accredited under title II to provide adoption

services in the United States in cases subject to the Convention.

(2) ACCREDITING ENTITY.—The term ‘‘accrediting entity’’

means an entity designated under section 202(a) to accredit

agencies and approve persons under title II.

(3) ADOPTION SERVICE.—The term ‘‘adoption service’’

means—

(A) identifying a child for adoption and arranging an

adoption;

(B) securing necessary consent to termination of

parental rights and to adoption;

(C) performing a background study on a child or a

home study on a prospective adoptive parent, and reporting

on such a study;

(D) making determinations of the best interests of a

child and the appropriateness of adoptive placement for

the child;

(E) post-placement monitoring of a case until final

adoption; and

(F) where made necessary by disruption before final

adoption, assuming custody and providing child care or

any other social service pending an alternative placement.

The term ‘‘providing’’, with respect to an adoption service,

includes facilitating the provision of the service.

(4) AGENCY.—The term ‘‘agency’’ means any person other

than an individual.

(5) APPROVED PERSON.—The term ‘‘approved person’’ means

a person approved under title II to provide adoption services

in the United States in cases subject to the Convention.

(6) ATTORNEY GENERAL.—Except as used in section 404,

the term ‘‘Attorney General’’ means the Attorney General,

acting through the Commissioner of Immigration and Naturalization.

42 USC 14902.

PUBLIC LAW 106–279—OCT. 6, 2000 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. 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.—

42 USC 14911.

114 STAT. 828 PUBLIC LAW 106–279—OCT. 6, 2000

(1) Except as otherwise provided in this Act, the Secretary

shall be responsible for the performance of all central authority

functions for the United States under the Convention and this

Act.

(2) All personnel of the Department of State performing

core central authority functions in a professional capacity in

the Office of Children’s Issues shall have a strong background

in consular affairs, personal experience in international adoptions, or professional experience in international adoptions or

child services.

(c) AUTHORITY TO ISSUE REGULATIONS.—Except as otherwise

provided in this Act, the Secretary may prescribe such regulations

as may be necessary to carry out central authority functions on

behalf of the United States.

SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF STATE.

(a) LIAISON RESPONSIBILITIES.—The Secretary shall have

responsibility for—

(1) liaison with the central authorities of other Convention

countries; and

(2) the coordination of activities under the Convention by

persons subject to the jurisdiction of the United States.

(b) INFORMATION EXCHANGE.—The Secretary shall be responsible for—

(1) providing the central authorities of other Convention

countries with information concerning—

(A) accredited agencies and approved persons, agencies

and persons whose accreditation or approval has been suspended or canceled, and agencies and persons who have

been temporarily or permanently debarred from accreditation or approval;

(B) Federal and State laws relevant to implementing

the Convention; and

(C) any other matters necessary and appropriate for

implementation of the Convention;

(2) not later than the date of the entry into force of the

Convention for the United States (pursuant to Article 46(2)(a)

of the Convention) and at least once during each subsequent

calendar year, providing to the central authority of all other

Convention countries a notice requesting the central authority

of each such country to specify any requirements of such

country regarding adoption, including restrictions on the eligibility of persons to adopt, with respect to which information

on the prospective adoptive parent or parents in the United

States would be relevant;

(3) making responses to notices under paragraph (2) available to—

(A) accredited agencies and approved persons; and

(B) other persons or entities performing home studies

under section 201(b)(1);

(4) ensuring the provision of a background report (home

study) on 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

Deadline.

Notice.

42 USC 14912.

PUBLIC LAW 106–279—OCT. 6, 2000 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) authorize public or private entities to perform appropriate central authority functions for which the Secretary is

responsible, pursuant to regulations or under agreements published in the Federal Register; and

(2) carry out central authority functions through grants

to, or contracts with, any individual or public or private entity,

except as may be otherwise specifically provided in this Act.

SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.

In addition to such other responsibilities as are specifically

conferred upon the Attorney General by this Act, the central

authority functions specified in Article 14 of the Convention

(relating to the filing of applications by prospective adoptive parents

to the central authority of their country of residence) shall be

performed by the Attorney General.

SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

(a) REPORTS REQUIRED.—Beginning 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,

Effective date.

42 USC 14914.

42 USC 14913.

Federal Register,

publication.

114 STAT. 830 PUBLIC LAW 106–279—OCT. 6, 2000

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. 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

42 USC 14921.

PUBLIC LAW 106–279—OCT. 6, 2000 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. PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF

ACCREDITING ENTITIES.

(a) DESIGNATION OF ACCREDITING ENTITIES.—

(1) IN GENERAL.—The Secretary shall enter into agreements

with one or more qualified entities under which such entities

will perform the duties described in subsection (b) in accordance

with the Convention, this title, and the regulations prescribed

under section 203, and upon entering into each such agreement

shall designate the qualified entity as an accrediting entity.

(2) QUALIFIED 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 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.

Procedures.

Contracts.

42 USC 14922.

114 STAT. 832 PUBLIC LAW 106–279—OCT. 6, 2000

(3) ENFORCEMENT.—Taking of adverse actions (including

requiring corrective action, imposing sanctions, and refusing

to renew, suspending, or canceling accreditation or approval)

for noncompliance with applicable requirements, and notifying

the agency or person against whom adverse actions are taken

of the deficiencies necessitating the adverse action.

(4) DATA, RECORDS, AND REPORTS.—Collection of data,

maintenance of records, and reporting to the Secretary, the

United States central authority, State courts, and other entities

(including on persons and agencies granted or denied approval

or accreditation), to the extent and in the manner that the

Secretary requires.

(c) REMEDIES FOR ADVERSE ACTION BY ACCREDITING ENTITY.—

(1) CORRECTION OF DEFICIENCY.—An agency or person who

is the subject of an adverse action by an accrediting entity

may re-apply for accreditation or approval (or petition for termination of the adverse action) on demonstrating to the satisfaction of the accrediting entity that the deficiencies necessitating

the adverse action have been corrected.

(2) NO OTHER ADMINISTRATIVE REVIEW.—An adverse action

by an accrediting entity shall not be subject to administrative

review.

(3) JUDICIAL REVIEW.—An agency or person who is the

subject of an adverse action by an accrediting entity may petition the United States district court in the judicial district

in which the agency is located or the person resides to set

aside the adverse action. The court shall review the adverse

action in accordance with section 706 of title 5, United States

Code, and for purposes of such review the accrediting entity

shall be considered an agency within the meaning of section

701 of such title.

(d) FEES.—The amount of fees assessed by accrediting entities

for the costs of accreditation shall be subject to approval by the

Secretary. Such fees may not exceed the costs of accreditation.

In reviewing the level of such fees, the Secretary shall consider

the relative size of, the geographic location of, and the number

of Convention adoption cases managed by the agencies or persons

subject to accreditation or approval by the accrediting entity.

SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITATION OR APPROVAL.

(a) IN GENERAL.—

(1) PROMULGATION OF REGULATIONS.—The Secretary, shall,

by regulation, prescribe the standards and procedures to be

used by accrediting entities for the accreditation of agencies

and the approval of persons to provide adoption services in

the United States in cases subject to the Convention.

(2) CONSIDERATION OF VIEWS.—In developing such regulations, the Secretary shall consider any standards or procedures

developed or proposed by, and the views of, individuals and

entities with interest and expertise in international adoptions

and family social services, including public and private entities

with experience in licensing and accrediting adoption agencies.

(3) APPLICABILITY OF NOTICE AND COMMENT RULES.—Subsections (b), (c), and (d) of section 553 of title 5, United States

Code, shall apply in the development and issuance of regulations under this section.

42 USC 14923.

PUBLIC LAW 106–279—OCT. 6, 2000 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) The agency provides prospective adoptive parents of a child in a prospective Convention adoption

a copy of the medical records of the child (which,

to the fullest extent practicable, shall include an

English-language translation of such records) on a date

which is not later than the earlier of the date that

is 2 weeks before: (I) the adoption; or (II) the date

on which the prospective parents travel to a foreign

country to complete all procedures in such country

relating to the adoption.

(ii) The agency ensures that a thorough background report (home study) on the prospective adoptive

parent or parents has been completed in accordance

with the Convention and with applicable Federal and

State requirements and transmitted to the Attorney

General with respect to each Convention adoption.

Each such report shall include a criminal background

check and a full and complete statement of all facts

relevant to the eligibility of the prospective adopting

parent or parents to adopt a child under any requirements specified by the central authority of the child’s

country of origin under section 102(b)(3), including,

in the case of a child emigrating to the United States

for the purpose of adoption, the requirements of the

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.

Reports.

Records.

114 STAT. 834 PUBLIC LAW 106–279—OCT. 6, 2000

(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 forprofit 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 COMMUNITYBASED AGENCIES.—For a 2-year period after the entry into

PUBLIC LAW 106–279—OCT. 6, 2000 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. SECRETARIAL OVERSIGHT OF ACCREDITATION AND

APPROVAL.

(a) OVERSIGHT OF ACCREDITING ENTITIES.—The Secretary

shall—

(1) monitor the performance by each accrediting entity

of its duties under section 202 and its compliance with the

requirements of the Convention, this Act, other applicable laws,

and implementing regulations under this Act; and

(2) suspend or cancel the designation of an accrediting

entity found to be substantially out of compliance with the

Convention, this Act, other applicable laws, or implementing

regulations under this Act.

(b) SUSPENSION OR CANCELLATION OF ACCREDITATION OR

APPROVAL.—

(1) SECRETARY’S AUTHORITY.—The Secretary shall suspend

or cancel the accreditation or approval granted by an accrediting entity to an agency or person pursuant to section 202

when the Secretary finds that—

(A) the agency or person is substantially out of compliance with applicable requirements; and

(B) the accrediting entity has failed or refused, after

consultation with the Secretary, to take appropriate

enforcement action.

(2) CORRECTION OF DEFICIENCY.—At any time when the

Secretary is satisfied that the deficiencies on the basis of which

an adverse action is taken under paragraph (1) have been

corrected, the Secretary shall—

(A) notify the accrediting entity that the deficiencies

have been corrected; and

(B)(i) in the case of a suspension, terminate the suspension; or

Notification.

42 USC 14924.

114 STAT. 836 PUBLIC LAW 106–279—OCT. 6, 2000

(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.

PUBLIC LAW 106–279—OCT. 6, 2000 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) provide that the State shall collect and report information on children who are adopted from other countries and

who enter into State custody as a result of the disruption

of a placement for adoption or the dissolution of an adoption,

including the number of children, the agencies who handled

the placement or adoption, the plans for the child, and the

reasons for the disruption or dissolution.’’.

TITLE III—RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED

STATES.

(a) LEGAL EFFECT OF CERTIFICATES ISSUED BY THE SECRETARY

OF STATE.—

(1) ISSUANCE OF CERTIFICATES BY THE SECRETARY OF

STATE.—The Secretary of State shall, with respect to each

Convention adoption, issue a certificate to the adoptive citizen

parent domiciled in the United States that the adoption has

been granted or, in the case of a prospective adoptive citizen

parent, that legal custody of the child has been granted to

the citizen parent for purposes of emigration and adoption,

pursuant to the Convention and this Act, if the Secretary

of State—

(A) receives appropriate notification from the central

authority of such child’s country of origin; and

42 USC 14931.

Records.

114 STAT. 838 PUBLIC LAW 106–279—OCT. 6, 2000

(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;

PUBLIC LAW 106–279—OCT. 6, 2000 114 STAT. 839

‘‘(IV) the Attorney General is satisfied that the

purpose of the adoption is to form a bona fide parentchild 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. 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

42 USC 14932.

114 STAT. 840 PUBLIC LAW 106–279—OCT. 6, 2000

(ii) despite such efforts, has not been able to place

the child for adoption in the United States in a timely

manner; and

(C) a determination is made that placement with the

prospective adoptive parent or parents is in the best

interests of the child.

(2) Furnish to the State court with jurisdiction over the

case—

(A) documentation of the matters described in paragraph (1);

(B) a background report (home study) on the prospective adoptive parent or parents (including a criminal background check) prepared in accordance with the laws of

the receiving country; and

(C) a declaration by the central authority (or other

competent authority) of such other Convention country—

(i) that the child will be permitted to enter and

reside permanently, or on the same basis as the

adopting parent, in the receiving country; and

(ii) that the central authority (or other competent

authority) of such other Convention country consents

to the adoption, if such consent is necessary under

the laws of such country for the adoption to become

final.

(3) Furnish to the United States central authority—

(A) official copies of State court orders certifying the

final adoption or grant of custody for the purpose of adoption;

(B) the information and documents described in paragraph (2), to the extent required by the United States

central authority; and

(C) any other information concerning the case required

by the United States central authority to perform the functions specified in subsection (c) or otherwise to carry out

the duties of the United States central authority under

the Convention.

(b) CONDITIONS ON STATE COURT ORDERS.—An order declaring

an adoption to be final or granting custody for the purpose of

adoption in a case described in subsection (a) shall not be entered

unless the court—

(1) has received and verified to the extent the court may

find necessary—

(A) the material described in subsection (a)(2); and

(B) satisfactory evidence that the requirements of Articles 4 and 15 through 21 of the Convention have been

met; and

(2) has determined that the adoptive placement is in the

best interests of the child.

(c) DUTIES OF THE SECRETARY OF STATE.—In a case described

in subsection (a), the Secretary, on receipt and verification as necessary of the material and information described in subsection

(a)(3), shall issue, as applicable, an official certification that the

child has been adopted or a declaration that custody for purposes

of adoption has been granted, in accordance with the Convention

and this Act.

(d) FILING WITH REGISTRY REGARDING NONCONVENTION ADOPTIONS.—Accredited agencies, approved persons, and other persons,

Certification.

Records.

Reports.

Records.

PUBLIC LAW 106–279—OCT. 6, 2000 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. ACCESS TO CONVENTION RECORDS.

(a) PRESERVATION OF CONVENTION RECORDS.—

(1) IN GENERAL.—Not later than 180 days after the date

of the enactment of this Act, the Secretary, in consultation

with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the

Convention and this section for the preservation of Convention

records.

(2) APPLICABILITY OF NOTICE AND COMMENT RULES.—Subsections (b), (c), and (d) of section 553 of title 5, United States

Code, shall apply in the development and issuance of regulations under this section.

(b) ACCESS TO CONVENTION RECORDS.—

(1) PROHIBITION.—Except as provided in paragraph (2),

the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in

whole or in part, only if such record is maintained under

the authority of the Immigration and Nationality Act and disclosure of, or access to, such record is permitted or required

by applicable Federal law.

(2) EXCEPTION FOR ADMINISTRATION OF THE CONVENTION.—

A Convention record may be disclosed, and access to such

a record may be provided, in whole or in part, among the

Secretary, the Attorney General, central authorities, accredited

agencies, and approved persons, only to the extent necessary

to administer the Convention or this Act.

(3) PENALTIES FOR UNLAWFUL DISCLOSURE.—Unlawful

disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.

(c) ACCESS TO NON-CONVENTION RECORDS.—Disclosure of,

access to, and penalties for unlawful disclosure of, adoption records

that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by

applicable State law.

SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES.

Documents originating in any other Convention country and

related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court

in the United States, unless a specific and supported claim is

made that the documents are false, have been altered, or are

otherwise unreliable.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF

FEES.

(a) AUTHORIZATION OF APPROPRIATIONS.—

42 USC 14943.

42 USC 14942.

Deadline.

Regulations.

42 USC 14941.

114 STAT. 842 PUBLIC LAW 106–279—OCT. 6, 2000

(1) IN GENERAL.—There are authorized to be appropriated

such sums as may be necessary to agencies of the Federal

Government implementing the Convention and the provisions

of this Act.

(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until

expended.

(b) ASSESSMENT OF FEES.—

(1) The Secretary may charge a fee for new or enhanced

services that will be undertaken by the Department of State

to meet the requirements of this Act with respect to intercountry adoptions under the Convention and comparable services with respect to other intercountry adoptions. Such fee

shall be prescribed by regulation and shall not exceed the

cost of such services.

(2) Fees collected under paragraph (1) shall be retained

and deposited as an offsetting collection to any Department

of State appropriation to recover the costs of providing such

services.

(3) Fees authorized under this section shall be available

for obligation only to the extent and in the amount provided

in advance in appropriations Acts.

(c) RESTRICTION.—No funds collected under the authority of

this section may be made available to an accrediting entity to

carry out the purposes of this Act.

SEC. 404. ENFORCEMENT.

(a) CIVIL PENALTIES.—Any person who—

(1) violates section 201;

(2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits,

or accepts inducement by way of compensation, intended to

influence or affect in the United States or a foreign country—

(A) a decision by an accrediting entity with respect

to the accreditation of an agency or approval of a person

under title II;

(B) the relinquishment of parental rights or the giving

of parental consent relating to the adoption of a child

in a case subject to the Convention; or

(C) a decision or action of any entity performing a

central authority function; or

(3) engages another person as an agent, whether in the

United States or in a foreign country, who in the course of

that agency takes any of the actions described in paragraph

(1) or (2),

shall be subject, in addition to any other penalty that may be

prescribed by law, to a civil money penalty of not more than

$50,000 for a first violation, and not more than $100,000 for each

succeeding violation.

(b) CIVIL ENFORCEMENT.—

(1) AUTHORITY OF ATTORNEY GENERAL.—The Attorney General may bring a civil action to enforce subsection (a) against

any person in any United States district court.

(2) FACTORS TO BE CONSIDERED IN IMPOSING PENALTIES.—

In imposing penalties the court shall consider the gravity of

the violation, the degree of culpability of the defendant, and

any history of prior violations by the defendant.

42 USC 14944.

PUBLIC LAW 106–279—OCT. 6, 2000 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. RECOGNITION OF CONVENTION ADOPTIONS.

Subject to Article 24 of the Convention, adoptions concluded

between two other Convention countries that meet the requirements

of Article 23 of the Convention and that became final before the

date of entry into force of the Convention for the United States

shall be recognized thereafter in the United States and given full

effect. Such recognition shall include the specific effects described

in Article 26 of the Convention.

SEC. 502. SPECIAL RULES FOR CERTAIN CASES.

(a) AUTHORITY TO ESTABLISH ALTERNATIVE PROCEDURES FOR

ADOPTION OF CHILDREN BY RELATIVES.—To the extent consistent

with the Convention, the Secretary may establish by regulation

alternative procedures for the adoption of children by individuals

related to them by blood, marriage, or adoption, in cases subject

to the Convention.

(b) WAIVER AUTHORITY.—

(1) IN GENERAL.—Notwithstanding any other provision of

this Act, to the extent consistent with the Convention, the

Secretary may, on a case-by-case basis, waive applicable

requirements of this Act or regulations issued under this Act,

in the interests of justice or to prevent grave physical harm

to the child.

(2) NONDELEGATION.—The authority provided by paragraph

(1) may not be delegated.

SEC. 503. RELATIONSHIP TO OTHER LAWS.

(a) PREEMPTION OF INCONSISTENT STATE LAW.—The Convention

and this Act shall not be construed to preempt any provision of

the law of any State or political subdivision thereof, or prevent

a State or political subdivision thereof from enacting any provision

of law with respect to the subject matter of the Convention or

this Act, except to the extent that such provision of State law

is inconsistent with the Convention or this Act, and then only

to the extent of the inconsistency.

(b) APPLICABILITY OF THE INDIAN CHILD WELFARE ACT.—The

Convention and this Act shall not be construed to affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901

et seq.).

(c) RELATIONSHIP TO OTHER LAWS.—Sections 3506(c), 3507, and

3512 of title 44, United States Code, shall not apply to information

collection for purposes of sections 104, 202(b)(4), and 303(d) of

this Act or for use as a Convention record as defined in this

Act.

SEC. 504. NO PRIVATE RIGHT OF ACTION.

The Convention and this Act shall not be construed to create

a private right of action to seek administrative or judicial relief,

except to the extent expressly provided in this Act.

42 USC 14954.

42 USC 14953.

42 USC 14952.

42 USC 14951.

114 STAT. 844 PUBLIC LAW 106–279—OCT. 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.

Æ

SEC. 505. EFFECTIVE DATES; TRANSITION RULE.

(a) EFFECTIVE DATES.—

(1) PROVISIONS EFFECTIVE UPON ENACTMENT.—Sections 2,

3, 101 through 103, 202 through 205, 401(a), 403, 503, and

505(a) shall take effect on the date of the enactment of this

Act.

(2) PROVISIONS EFFECTIVE UPON THE ENTRY INTO FORCE

OF THE CONVENTION.—Subject to subsection (b), the provisions

of this Act not specified in paragraph (1) shall take effect

upon the entry into force of the Convention for the United

States pursuant to Article 46(2)(a) of the Convention.

(b) TRANSITION RULE.—The Convention and this Act shall not

apply—

(1) in the case of a child immigrating to the United States,

if the application for advance processing of an orphan petition

or petition to classify an orphan as an immediate relative

for the child is filed before the effective date described in

subsection (a)(2); or

(2) in the case of a child emigrating from the United

States, if the prospective adoptive parents of the child initiated

the adoption process in their country of residence with the

filing of an appropriate application before the effective date

described in subsection (a)(2).

Approved October 6, 2000.

42 USC 14901

note.