[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Rules and Regulations]
[Pages 9852-9854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3684]


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DEPARTMENT OF STATE

22 CFR Part 99

[Public Notice 5705]
RIN 1400-AC-20


Intercountry Adoption--Reporting on Non-Convention and Convention 
Adoptions of Emigrating Children

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (the Department), with the joint 
review and approval of the Department of Homeland Security (DHS), is 
issuing a new rule to implement the requirement in the Intercountry 
Adoption Act of 2000 (the IAA) to establish a Case Registry for, inter 
alia, emigrating children. This final rule imposes reporting 
requirements on adoption service providers, including governmental 
authorities who provide adoption services, in cases involving adoptions 
of children who will emigrate from the United States. These reporting 
obligations apply to all intercountry adoptions, regardless of whether 
they are covered under the 1993 Hague Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption (the 
Convention). This final rule, although issued with the joint review and 
approval of DHS pursuant to section 303(d) of the IAA, only adds a new 
section to the

[[Page 9853]]

Department's Convention regulations; no amendments or additions are 
made to DHS regulations.

DATES: This rule is effective April 5, 2007. Information about the date 
the Convention will enter into force with respect to the United States 
is provided in 22 CFR 96.17.

FOR FURTHER INFORMATION CONTACT: Anna Mary Coburn at 202-736-9081. 
Hearing-or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Convention is a multilateral treaty that provides a framework 
for the adoption of children habitually resident in one country that is 
a party to the Convention by persons habitually resident in another 
country that is also a party to the Convention. The Convention 
establishes procedures to be followed in these intercountry adoption 
cases and imposes safeguards to protect the best interests of children. 
When the Convention enters into force with respect to the United 
States, it will apply to the United States as both a country of origin 
(outgoing cases, i.e., where children are emigrating from the United 
States to a foreign country) and a receiving country (incoming cases, 
i.e., where children are immigrating to the United States from a 
foreign country).
    The implementing legislation for the Convention is the IAA. The IAA 
requires the Department and DHS to establish a Case Registry to track 
all intercountry adoption cases: Convention and non-Convention; 
emigrating and immigrating cases. The Department is, with the joint 
review and approval of DHS, promulgating this final rule to require 
adoption service providers that provide adoption services in 
intercountry adoption cases involving a child emigrating from the 
United States (including governmental authorities who provide such 
adoption services) to report certain information to the Department for 
incorporation into the Case Registry.

II. The Final Rule

    The Department issued a proposed rule for public comment (See 
Proposed Rule on Intercountry Adoption--Reporting on Non-Convention and 
Convention Adoptions of Emigrating Children, 71 FR 54001-54005, 
September 13, 2006). No public comments were received. The Department 
is now issuing the final rule as it was proposed. No changes have been 
made to the text of the rule, except that the Department has made 
certain technical clarifications, including changing the Sec.  99.2 
heading and Sec.  99.2(d)(1) to correct any misimpression that the rule 
applies only to U.S. national children and changing Sec.  99.2(a) to 
clarify that the reporting requirements do not take effect until the 
Convention has entered into force for the United States.

III. Regulatory Review

A. Administrative Procedure Act

    In accordance with provisions of the Administrative Procedure Act 
governing rules promulgated by Federal agencies that affect the public 
(5 U.S.C. 533), the Department published this rule for public comment.

B. Regulatory Flexibility Act/Executive Order 13272: Small Business

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-612 
and Executive Order 13272, section 3(b), the Department of State has 
evaluated the effects of this action on small entities, and has 
determined, and hereby certifies, pursuant to 5 U.S.C. 605(b), that it 
would not have a significant economic impact on a substantial number of 
small entities. Overall, the number of outgoing intercountry adoption 
cases is expected to be very small in comparison with the number of 
incoming cases. Consequently, very few ASPs that are small entities 
will also be involved in outgoing cases. Moreover, the rule requires 
only extremely limited reporting requirements for outgoing cases. Thus, 
the Department does not believe the economic impact on small entities 
will be significant. The Department received no public comments on the 
rule's impact on small entities.

C. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804 for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. 
The rule would not result in an annual effect on the economy of $100 
million or more, a major increase in costs or prices, or significant 
adverse effects on competition, employment, investment, productivity, 
or innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

D. The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Pub. L. 104-4; 109 Stat. 48; 2 U.S.C. 1532, generally requires agencies 
to prepare a statement, including cost-benefit and other analyses, 
before proposing any rule that may result in an annual expenditure of 
$100 million or more by State, local, or tribal governments, or by the 
private sector. This rule will not result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any year. Moreover, because this 
rule will not significantly or uniquely affect small governments, 
section 203 of the UFMA, 2 U.S.C. 1533, does not require preparation of 
a small government agency plan in connection with it.

E. Executive Order 13132: Federalism

    A rule has federalism implications under Executive Order 13132 if 
it has substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
This regulation will not have such effects, and therefore does not have 
sufficient federalism implications to require consultations or to 
warrant the preparation of a federalism summary impact statement under 
section 6 of Executive Order 13132.

F. Executive Order 12866: Regulatory Review

    The Department of State does not consider this rule to be a 
``significant regulatory action'' within the scope of section 3(f)(1) 
of Executive Order 12866. Nonetheless, the Department has reviewed the 
rule to ensure its consistency with the regulatory philosophy and 
principles set forth in the Executive Order.

G. Executive Order 12988: Civil Justice Reform

    The Department has reviewed this rule in light of sections 3(a) and 
3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize 
litigation, establish clear legal standards, and reduce burden. The 
Department has made every reasonable effort to ensure compliance with 
the requirements in Executive Order 12988.

H. The Paperwork Reduction Act (PRA) of 1995

    Under the PRA, 42 U.S.C. 3501 et seq., agencies are generally 
required to submit to the Office of Management and

[[Page 9854]]

Budget (OMB) for review and approval information collection 
requirements imposed on ``persons'' as defined in the PRA. Section 
503(c) of the IAA exempts from the PRA information collection ``for 
purposes of sections 104, 202(b)(4), and 303(d)'' of the IAA ``or for 
use as a Convention record as defined'' in the IAA. All information 
collections that relate to outgoing non-Convention cases will be 
collections made for the purposes of section 303(d) of the IAA, and 
thereby are exempt. All information collections that relate to outgoing 
Convention cases will be Convention records as defined in and subject 
to the preservation requirements of 22 CFR part 98, which implements 
section 401(a) of the IAA. Additionally, the majority of information 
collection imposed on persons pursuant to this rule, with respect to 
both Convention and non-Convention cases, will be for the purposes of 
obtaining information for congressional reports required under section 
104 of the IAA. Accordingly, the Department has concluded that the PRA 
does not apply to information collected from the public under this 
rule.

List of Subjects in 22 CFR Part 99

    Adoption and foster care; International agreements; Reporting and 
recordkeeping requirements.


0
Accordingly, the Department adds new part 99 to title 22 of the CFR, 
chapter I, subchapter J, to read as follows:

PART 99--REPORTING ON CONVENTION AND NON-CONVENTION ADOPTIONS OF 
EMIGRATING CHILDREN

Sec.
99.1 Definitions.
99.2 Reporting requirements for adoption cases involving children 
emigrating from the United States.
99.3 [Reserved].

    Authority: The Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption (done at The Hague, 
May 29, 1993), S. Treaty Doc. 105-51 (1998); 1870 U.N.T.S. 167 (Reg. 
No. 31922 (1993)); The Intercountry Adoption Act of 2000, 42 U.S.C. 
14901-14954.


Sec.  99.1  Definitions.

    As used in this part, the term:
    (a) Convention means the Convention on Protection of Children and 
Co-operation in Respect of Intercountry Adoption done at The Hague on 
May 29, 1993.
    (b) Such other terms as are defined in 22 CFR 96.2 shall have the 
meaning given to them therein.


Sec.  99.2  Reporting requirements for adoption cases involving 
children emigrating from the United States.

    (a) Once the Convention has entered into force for the United 
States, an agency (including an accredited agency and temporarily 
accredited agency), person (including an approved person), public 
domestic authority, or other adoption service provider providing 
adoption services in a case involving the emigration of a child from 
the United States must report information to the Secretary in 
accordance with this section if it is identified as the reporting 
provider in accordance with paragraph (b) of this section.
    (b) In a Convention case in which an accredited agency, temporarily 
accredited agency, or approved person is providing adoption services, 
the primary provider is the reporting provider. In any other Convention 
case, or in a non-Convention case, the reporting provider is the 
agency, person, public domestic authority, or other adoption service 
provider that is providing adoption services in the case, if it is the 
only provider of adoption services. If there is more than one provider 
of adoption services in a non-Convention case, the reporting provider 
is the one that has child placement responsibility, as evidenced by the 
following factors:
    (1) Entering into placement contracts with prospective adoptive 
parent(s) to provide child referral and placement;
    (2) Accepting custody from a birthparent or other legal guardian 
for the purpose of placement for adoption;
    (3) Assuming responsibility for liaison with a foreign government 
or its designees with regard to arranging an adoption; or
    (4) Receiving information from, or sending information to a foreign 
country about a child that is under consideration for adoption.
    (c) A reporting provider, as identified in paragraph (b) of this 
section, must report the following identifying information to the 
Secretary for each outgoing case within 30 days of learning that the 
case involves emigration of a child from the United States to a foreign 
country:
    (1) Name, date of birth of child, and place of birth of child;
    (2) The U.S. State from which the child is emigrating;
    (3) The country to which the child is immigrating;
    (4) The U.S. State where the final adoption is taking place, or the 
U.S. State where legal custody for the purpose of adoption is being 
granted and the country where the final adoption is taking place; and
    (5) Its name, address, phone number, and other contact information.
    (d) A reporting provider, as identified in paragraph (b) of this 
section, must report any changes to information previously provided as 
well as the following milestone information to the Secretary for each 
outgoing case within 30 days of occurrence:
    (1) Date case determined to involve emigration from the United 
States (generally the time the child is matched with adoptive parents);
    (2) Date of U.S. final adoption or date on which custody for the 
purpose of adoption was granted in United States;
    (3) Date of foreign final adoption if custody for purpose of 
adoption was granted in the United States, to the extent practicable; 
and
    (4) Any additional information when requested by the Secretary in a 
particular case.


Sec.  99.3  [Reserved].

    Dated: December 18, 2006.
Maura Harty,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
    Dated: February 2, 2007.
Michael Chertoff,
Secretary of Homeland Security, Department of Homeland Security.
 [FR Doc. E7-3684 Filed 3-5-07; 8:45 am]
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