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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 682 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 682

  To implement the Hague Convention on Protection of Children and Co-
 operation in Respect of Intercountry Adoption, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1999

  Mr. Helms (for himself, and Ms. Landrieu) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL

 
  To implement 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 Convention Implementation Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--UNITED STATES CENTRAL AUTHORITY

Sec. 101. Performance of central authority functions.
Sec. 102. Authority of the Department of State.
Sec. 103. Responsibilities of the Secretary of State.
Sec. 104. Responsibilities of the Attorney General.
Sec. 105. Annual report on intercountry adoptions.
  TITLE II--ACCREDITATION OF PERSONS PROVIDING INTERCOUNTRY ADOPTION 
                                SERVICES

Sec. 201. Eligibility to provide intercountry adoption services.
Sec. 202. Accrediting entities.
Sec. 203. Eligibility for accreditation.
Sec. 204. Oversight of accreditation.
  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Amendments of the Immigration and Nationality Act.
Sec. 303. Adoptions of children emigrating from the United States.
Sec. 304. Special rules for certain cases.
Sec. 305. Voiding of adoptions for cause.
Sec. 306. Recognition of Convention adoptions before entry into force 
                            of Convention for the United States.
                TITLE IV--ADMINISTRATION AND ENFORCEMENT

Sec. 401. Records; privacy provisions.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Relation to other laws.
Sec. 502. No private right of action.
Sec. 503. Effective date; transition provisions.

SEC. 2. FINDINGS.

    Congress recognizes--
            (1) the international character of the Convention, 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 
intercountry adoptions subject to the Convention is necessary.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Accredited person.--The term ``accredited person'' 
        means a person (including an agency), not organized for profit, 
        that has been accredited in accordance with title II to provide 
        adoption services and to perform other functions under the 
        Convention.
            (2) Accrediting entity.--The term ``accrediting entity'' 
        means an entity designated under section 202(a).
            (3) Adoption services.--The term ``adoption services'' 
        means--
                    (A) identifying children for adoption and arranging 
                adoptions;
                    (B) securing necessary documentation of consent to 
                termination of parental rights and to adoption;
                    (C) performing background studies on children, home 
                studies on prospective adoptive parents, and reports of 
                such studies;
                    (D) making determinations of the best interests of 
                the child and the appropriateness of adoptive 
                placement;
                    (E) counseling children and birth and adoptive 
                parents with respect to adoption;
                    (F) engaging in post-placement monitoring of cases 
                until final adoption; and
                    (G) if necessary because of disruption in the 
                adoption process, assuming custody of a child, and 
                providing child care or other social services, pending 
                an alternative placement of the child.
            (4) Agency.--The term ``agency'' means any public entity or 
        private corporation, partnership, organization, or other 
        association.
            (5) Attorney general.--The term ``Attorney General'' means 
        the Attorney General, acting through the Commissioner of 
        Immigration and Naturalization.
            (6) Birth parent.--The term ``birth parent'' means the 
        biological mother and, where applicable under the law of the 
        place of birth of the child, the biological father of the child 
        who is the subject of an adoption.
            (7) Central authority.--The term ``central authority'' 
        means the entity designated by any Convention country under 
        Article 6(1) of the Convention as having primary responsibility 
        for the discharge of the obligations of that country under the 
        Convention.
            (8) Central authority function.--The term ``central 
        authority function'' means any duty required to be carried out 
        by a central authority under chapter III or IV of 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, upon entry into force of the Convention in the United 
        States--
                    (A) an adoption (or prospective adoption) of a 
                child habitually resident in a foreign country party to 
                the Convention by a United States citizen; or
                    (B) an adoption (or prospective adoption) of a 
                child habitually resident in the United States by a 
                person or persons residing in another Convention 
                country.
            (11) Convention adoption record.--The term ``Convention 
        adoption record'' means any item, collection, or grouping of 
        information, including any index, 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 a final adoption resulted) and 
        that has been identified and retained 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'' has the meaning given the 
        term in section 1 of title 1, United States Code.
            (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) 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. PERFORMANCE OF CENTRAL AUTHORITY FUNCTIONS.

    All central authority functions of the United States shall be 
carried out by the Department of State and other officials of the 
United States specified in this Act.

SEC. 102. AUTHORITY OF THE DEPARTMENT OF STATE.

    (a) In General.--Except as otherwise provided in this Act, for 
purposes of the Convention--
            (1) the Department of State shall serve as the central 
        authority of the United States; and
            (2) the Secretary of State shall serve as the head of the 
        central authority of the United States.
    (b) State Department Personnel Performing Central Authority 
Functions.--All personnel of the Department of State performing central 
authority functions in a professional capacity shall have 3 to 5 years 
of personal or professional experience in international adoptions.
    (c) Authority To Issue Regulations.--Except as otherwise provided 
in this Act, the Secretary of State may prescribe such regulations as 
may be necessary to carry out central authority functions on behalf of 
the United States.

SEC. 103. RESPONSIBILITIES OF THE SECRETARY OF STATE.

    (a) Liaison Responsibilities.--The Secretary of State shall have 
primary 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 of State shall be 
responsible for--
            (1) providing the central authorities of other Convention 
        countries with information concerning--
                    (A) persons accredited under title II, persons 
                whose accreditation is suspended or canceled, and 
                persons temporarily or permanently debarred from 
                accreditation;
                    (B) Federal and State laws relevant to implementing 
                the Convention; and
                    (C) any other matters necessary and appropriate for 
                implementation of the Convention;
            (2) providing Federal agencies, State courts, and 
        accredited persons with an identification of Convention 
        countries and persons authorized to perform functions under the 
        Convention in each such country;
            (3) facilitating the transmittal of other appropriate 
        information to, and among, central authorities, Federal and 
        State agencies (including State courts), and accredited 
        persons; and
            (4) taking other appropriate actions necessary to implement 
        the Convention.
    (c) Additional Responsibilities.--The Secretary of State--
            (1) shall monitor individual Convention adoption cases 
        involving United States citizens;
            (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 person is 
        unwilling or unable to provide such facilitation; and
            (3) may provide any other appropriate assistance in other 
        cases.
    (d) Establishment of Registry.--The Secretary of State and the 
Attorney General shall jointly establish a case registry on--
            (1) all adoptions involving immigration into the United 
        States, regardless of whether the adoption occurs under the 
        Convention; and
            (2) all adoptions involving emigration of the child from 
        the United States to any other Convention country.
Such registry shall permit tracking of pending cases and retrieval of 
information on both pending and closed cases.

SEC. 104. 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. 105. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

    (a) Reports Required.--Beginning one year after the date of 
enactment of this Act, and every year thereafter, the Secretary of 
State shall submit a report to Congress describing the activities of 
the central authority of the United States under this Act during the 
preceding year.
    (b) Report Elements.--Each report under subsection (a) shall set 
forth with respect to the year concerned, the following:
            (1) The number of adoptions involving immigration to the 
        United States, regardless of whether the adoption occurred 
        under the Convention, including the country from which each 
        child emigrated and the State to which each child immigrated.
            (2) The number of adoptions under the Convention, including 
        the country from which each child emigrated and the State to 
        which each child immigrated.
            (3) The number of intercountry adoptions that were 
        disrupted, including the country from which the child 
        emigrated, the age of the child, the date of the adoption of 
        the child, the reason for the disruption, and the resolution of 
        the disruption.
            (4) The names of the persons who possessed accreditation to 
        perform intercountry adoptions.
            (5) The names of the persons who were debarred from 
        performing intercountry adoptions, and the reasons for the 
        debarrment.
            (6) The average time required for completion of an 
        intercountry adoption.
            (7) The number of intercountry adoptions that were 
        completed in the United States, and the number of adoptions 
        that were completed in each foreign country from which children 
        subject to such adoptions emigrated.
            (8) The number of intercountry adoptions to the United 
        States that were found to be fraudulent.
            (9) The average adoption fee for intercountry adoptions to 
        the United States set forth by country.
            (10) The average adoption fee for intercountry adoptions 
        from the United States set forth by country.
            (11) The average fee for accreditation of persons engaging 
        in the provision of intercountry adoption services.

  TITLE II--ACCREDITATION OF PERSONS PROVIDING INTERCOUNTRY ADOPTION 
                                SERVICES

SEC. 201. ELIGIBILITY TO PROVIDE INTERCOUNTRY ADOPTION SERVICES.

    (a) In General.--Except as otherwise provided in this title, no 
person may offer or provide adoption services in connection with a 
Convention adoption unless that person--
            (1) is accredited by an accrediting entity in accordance 
        with this title; or
            (2) is providing such services through or under the 
        supervision and responsibility of an accredited person.
    (b) Exceptions.--Subsection (a) shall not apply to any of the 
following persons:
            (1) Certain social work professionals and organizations.--A 
        social work professional or organization conducting (and 
        reporting on) home studies on prospective adoptive parents or 
        background studies on children in connection with adoptions, 
        but not arranging or otherwise facilitating adoptions subject 
        to the Convention.
            (2) Entities providing child welfare services.--A public or 
        private entity intervening in a Convention adoption to provide 
        child welfare services, but not itself arranging or 
        facilitating the adoption.
            (3) Attorneys providing legal services.--An attorney 
        providing legal services in connection with a Convention 
        adoption, but not arranging, either directly or through agents, 
        the adoption or otherwise providing adoption services in 
        connection with the adoption.
            (4) Prospective adoptive parents acting on own behalf.--
        Prospective adoptive parents when acting on their own behalf, 
        if they are permitted to do so under the law of the State in 
        which they reside.

SEC. 202. ACCREDITING ENTITIES.

    (a) In General.--
            (1) Designations of entities.--The Secretary of State shall 
        designate as accrediting entities, and enter into agreements 
        with, no more than five nonprofit private entities that--
                    (A) have experience and expertise in developing and 
                administering international adoption services and 
                standards for entities providing child welfare 
                services; and
                    (B) meet such other criteria as the Secretary may 
                by regulation establish.
            (2) Limitation.--An accrediting entity shall undertake an 
        accreditation strictly for intercountry adoption, unless a 
        person seeks additional program accreditation.
    (b) Responsibilities of Accrediting Entities.--The responsibilities 
of accrediting entities shall include the following:
            (1) Accreditation.--Accreditation of persons to perform 
        functions under the Convention, subject to section 203.
            (2) Oversight.--Ongoing monitoring of the compliance by 
        accredited persons with applicable requirements, including 
        review of complaints against such persons in accordance with 
        procedures established by this Act and by such accrediting 
        entity and approved by the Secretary of State.
            (3) Enforcement.--Imposition of administrative remedies, 
        including requirements for corrective action, and sanctions for 
        noncompliance, including refusal to renew, or the suspension or 
        cancellation of, accreditation.
            (4) Data, records, and reports.--Collecting data, 
        maintaining records, and making reports to the Secretary of 
        State, State courts, and other entities (including reports on 
        persons granted or denied accreditation).
    (c) Remedies for Accrediting Entity's Adverse Action.--
            (1) In general.--In any case where an accrediting entity 
        denies, suspends, or cancels the accreditation of a person 
        under this title, mandates corrective action, or takes other 
        adverse action, the accrediting entity shall specify the 
        deficiencies on which the adverse action was based, and 
        paragraphs (2), (3), and (4) shall apply with respect to 
        remedies.
            (2) Correction of deficiency and reapplication.--The person 
        that is the subject of the adverse action shall be permitted to 
        reapply for accreditation (or to petition for termination of 
        any other sanction applied) upon demonstrating to the 
        satisfaction of the accrediting entity that the deficiencies 
        have been corrected.
            (3) Judicial review.--The person that is the subject of the 
        adverse action may petition the United States district court in 
        the judicial district in which such person resides to set aside 
        the action, but only upon clear and convincing proof that the 
        action was not supported by substantial evidence or that the 
        accrediting entity abused its discretion.
            (4) No federal administrative review.--An adverse action by 
        the accrediting entity shall not be reviewable by the Secretary 
        of State or any other Federal agency or administrative entity.
    (d) Fees.--
            (1) Authority to assess.--Accrediting entities are 
        authorized to assess fees in amounts approved by the Secretary 
        of State against persons seeking or maintaining accreditation 
        for the purposes of intercountry adoptions.
            (2) Fee amounts.--The Secretary of State may approve fees 
        to be assessed under paragraph (1) that do not exceed the 
        amount estimated to be necessary to cover all direct or 
        indirect costs of accreditation and ongoing oversight by the 
        accrediting entity with regard to Convention cases. Fees 
        established under this section shall reflect, to the maximum 
        extent practicable, the extent to which overall costs of 
        accrediting persons varies in relation to the volume of 
        Convention adoption cases a person handles.
            (3) Limitation.--An accrediting entity shall not provide 
        discounted fees for certain persons for accreditation for 
        purposes of intercountry adoption.

SEC. 203. ELIGIBILITY FOR ACCREDITATION.

    (a) Establishment of Standards.--
            (1) Issuance of regulations.--The Secretary of State shall 
        establish by regulation standards and procedures to be used by 
        accrediting entities for the accreditation of persons for the 
        purpose of arranging Convention adoptions.
            (2) Standard-setting process.--In establishing standards 
        and procedures under this section, the Secretary of State--
                    (A) shall consider 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; and
                    (B) may adopt, after opportunity for public 
                comment, all or part of any standards or procedures 
                developed or proposed by such individuals or entities.
    (b) Requirements for Accreditation.--
            (1) Conditions for accreditation.--Except as the Secretary 
        of State may by regulation otherwise provide, each person 
        seeking accreditation under this title with respect to 
        intercountry adoption services shall satisfy the following 
        requirements:
                    (A) Specific requirements.--To agree as follows:
                            (i) To provide persons who would be the 
                        adoptive parents of a child in a prospective 
                        Convention adoption a copy in English of the 
                        medical records of the child not later than the 
                        earlier of 2 weeks before the adoption or the 
                        date on which the persons travel to a foreign 
                        country to finalize the adoption.
                            (ii) To provide the persons a training 
                        program that includes at least 6 weeks of 
                        counseling and guidance before the parents 
                        travel to a foreign country to finalize the 
                        adoption.
                            (iii) To employ personnel providing 
                        intercountry adoption services on a fee-for-
                        service basis rather than on a contingent-
                        arrangement basis.
                            (iv) To have in force adequate liability 
                        insurance for professional negligence and any 
                        other insurance that the Secretary considers 
                        appropriate.
                            (v) To permit open examination of the 
                        person's practices, including the disruption 
                        rates of intercountry adoptions facilitated by 
                        the person and the fees charged by the person 
                        for intercountry adoptions.
                    (B) Capacity to perform all assigned functions.--To 
                have, either directly or through arrangements with 
                other qualified persons, qualified personnel, financial 
                resources, an organizational structure, and appropriate 
                procedures sufficient to enable it to perform, in a 
                manner consistent with applicable standards, all 
                functions under the Convention which it is seeking 
                authority to perform in accordance with this Act 
                (including the counseling of individuals involved in 
                intercountry adoptions and the assumption of custodial 
                and financial responsibility for children in cases 
                where a placement disrupts before final adoption).
                    (C) Utilization of social service professionals.--
                To have 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.--To 
                provide for the maintenance of such records and to make 
                such reports as may be required by the Secretary of 
                State and the designated accrediting entity; to 
                cooperate with reviews, inspections, and audits; to 
                safeguard sensitive individual information; and to 
                comply with other requirements concerning information 
                management necessary to ensure compliance with the 
                Convention, this Act, and any other applicable laws.
                    (E) Compliance with convention.--To establish 
                adequate measures to comply (and to ensure compliance 
                of their agents and clients) with the Convention, this 
                Act, and all other applicable laws, particularly with 
                provisions concerning fraud, improper inducement, and 
                similarly egregious acts.
            (2) Additional conditions for accreditation.--No person 
        shall be accredited under this title unless such person is a 
        private organization, not organized for profit, and licensed to 
        provide adoption services in at least one State.

SEC. 204. OVERSIGHT OF ACCREDITATION.

    (a) Oversight of Accrediting Entities.--The Secretary of State 
shall--
            (1) monitor each accrediting entity's performance of its 
        functions under section 202 and its compliance with the 
        requirements of the Convention, this Act, other applicable 
        laws, and implementing regulations; and
            (2) suspend or cancel the designation of an entity found to 
        be substantially out of compliance with the Convention, this 
        Act, other applicable laws, or implementing regulations.
    (b) Debarment.--
            (1) Secretary's authority.--The Secretary of State may, on 
        the Secretary's own initiative or upon request by an 
        accrediting entity, order the temporary or permanent debarment 
        of a person from accreditation for purposes of intercountry 
        adoptions if there is no possibility for timely mediation and--
                    (A) there is substantial evidence that the person 
                is out of compliance with applicable requirements;
                    (B) there has been a pattern of serious, willful, 
                or grossly negligent failures to comply or other 
                aggravating circumstances indicating that renewal of 
                accreditation would not be in the best interests of the 
                children and families concerned; or
                    (C) actions by a person impact adversely important 
                national interests of the United States.
            (2) Period of debarment.--The debarment order of the 
        Secretary of State 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 which date the person may apply to 
        the Secretary who ordered the debarment for withdrawal of the 
        debarment.
            (3) Effect of debarment.--In the case of a person that has 
        been debarred pursuant to this subsection, the accrediting 
        entity may take the circumstances of such debarment into 
        account in considering any subsequent application for 
        accreditation of the person or of any other person in which the 
        person has an ownership or control interest, notwithstanding 
        that the period of debarment has elapsed.
    (c) Judicial Review of Secretary's Decisions.--
            (1) Review by federal district court.--A person (other than 
        a prospective adoptive parent, person, or accrediting entity 
        adversely affected by a final determination of the Secretary of 
        State under this title with respect to the designation of an 
        accrediting entity, or the accreditation of a person) may 
        obtain review of such determination by the United States 
        District Court for the District of Columbia, or in the United 
        States district court in the judicial district in which such 
        person or accrediting entity resides.
            (2) Standard of review.--A determination by the Secretary 
        of State under paragraph (1) may be set aside only if the 
        person adversely affected by the Secretary's final 
        determination presents clear and convincing proof of abuse of 
        discretion by the Secretary.
            (3) Preclusion of judicial review of secretary of state 
        determinations.--A determination by the Secretary of State on 
        foreign policy grounds is not subject to judicial review.

  TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED STATES.

    (a) Legal Effect of Adoptions Finalized in the United States.--
            (1) Issuance of certificates by the secretary of state.--
        Pursuant to Article 23 of the Convention, 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--
                    (A) receives appropriate notification from the 
                central authority of such child's country of origin; 
                and
                    (B) has verified that the requirements of this Act 
                have been met.
            (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, except as 
        provided in section 305, 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 Adoptions Finalized in Other Convention 
Countries.--The final adoption in any other Convention country, 
certified by the Secretary of State pursuant to subsection (a) or 
section 303(d) of this Act, shall be recognized as a final, valid 
adoption for the purposes of all Federal, State, and local laws of the 
United States, and shall be accorded the same legal effect as the final 
adoption of a child in the State where such United States citizens 
reside or are domiciled.
    (c) Condition on Finalization of Convention Adoptions by State 
Courts.--In the case of a child who has been admitted to the United 
States from any other Convention country for the purpose of adoption, a 
State court shall not have authority to issue an order declaring the 
adoption final unless the Secretary of State has issued the certificate 
described in subsection (b).

SEC. 302. AMENDMENTS OF THE IMMIGRATION AND NATIONALITY ACT.

    (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'';
            (3) in subparagraphs (E) and (F), by inserting ``except as 
        provided in subparagraph (G),'' before ``a child'' each place 
        it appears; and
            (4) 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 country that 
                is a party to the Convention on Protection of Children 
                and Co-operation in Respect of Intercountry Adoption, 
                or who is emigrating from such a foreign country to be 
                adopted in the United States by at least one United 
                States citizen and the citizen's spouse jointly, or by 
                an unmarried United States citizen at least 25 years of 
                age, if--
                            ``(i) the Attorney General is satisfied 
                        that proper care will be furnished the child if 
                        admitted to the United States,
                            ``(ii) in a case in which required by the 
                        country of the child's habitual residence, the 
                        child's birth parents, or other persons or 
                        institutions that retain legal custody of the 
                        child, have freely given their written 
                        irrevocable consent to the termination of their 
                        relationship with the child,
                            ``(iii) in the case of a child who has not 
                        been adopted, 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 
                        parents,
                            ``(iv) the child is not the grandchild, 
                        niece, nephew, brother, sister, aunt, uncle, or 
                        first cousin of any of the adopting parents, 
                        unless--
                                    ``(I) the child has no living 
                                mother because of the death or 
                                disappearance of, abandonment or 
                                desertion by, or separation from or 
                                loss of the child's mother; or
                                    ``(II) the father is unknown, or 
                                was not married to the child's mother 
                                on the date of the child's birth, or is 
                                incapable of providing the proper care 
                                for the child and has in writing 
                                irrevocably released the child for 
                                emigration and adoption, and
                            ``(v) the prospective adoptive parent or 
                        married husband and wife have complied with any 
                        adoption requirements of the child's proposed 
                        State of residence,
        except, that no birth parent or former adoptive parent of any 
        such adopted 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)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) No petition may be approved under subsection (a) on behalf of 
an alien child who seeks to be accorded immediate relative status as a 
child defined under section 101(b)(1)(G), unless the Secretary of State 
has certified to the Attorney General that the central authority of the 
child's country of origin has notified the United States Central 
Authority under the Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption done at The Hague on May 
29, 1993, that a United States citizen domiciled 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 the Convention and the Intercountry Adoption Act.''.
    (c) Conforming Amendment.--Section 101(b)(2) of that Act (8 U.S.C. 
1101(b)(2)) is amended by inserting ``and paragraph (1)(G) (other than 
for purposes of the exception therein)'' after ``second proviso 
therein)''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to petitions for classification under section 204 of 
the Immigration and Nationality Act filed on or after the date of 
enactment of this Act.

SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED STATES.

    (a) Covered Cases.--This section shall apply in any case in which a 
child residing in the United States is sought for adoption in any other 
Convention country.
    (b) Responsibilities of Accredited Persons.--In any case described 
in subsection (a), the accredited person that is providing adoption 
services in such a case, or the prospective adoptive parents acting on 
their own behalf, if permitted by the laws of the Convention country in 
which they reside and the laws of the State in which the child resides, 
shall have the following responsibilities:
            (1) Provide a written documentation of the following:
                    (A) A background study on the child that meets the 
                standards of the State court with jurisdiction over the 
                child has been completed.
                    (B) The child will be adopted by a married man and 
                woman.
                    (C) Twelve months have elapsed since the person 
                made efforts to place the child in the United States.
                    (D) A determination has been made, in accordance 
                with section 107 of Public Law 105-89 that the child 
                cannot be placed in the United States.
                    (E) A determination has been made that placement 
                with the prospective parents is in the best interests 
                of the child.
            (2) Furnish to State courts with the jurisdiction over 
        adoption cases described in subsection (a) the following 
        information and documents:
                    (A) Documentation of the matters described in 
                paragraph (1).
                    (B) The background report (home study) on the 
                prospective adoptive parent or parents prepared in 
                accordance with the laws of the receiving country.
                    (C) A background report compatible with the laws of 
                the State with jurisdiction.
                    (D) A declaration by the central authority (or 
                other competent authority) of the receiving 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 the receiving country 
                        consents to the adoption, if such consent is 
                        necessary under its laws.
            (3) Furnish to the Secretary of State--
                    (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); and
                    (C) any other information concerning the case 
                required by the Secretary of State to perform the 
                functions specified in subsection (d) or otherwise to 
                carry out its responsibilities under the Convention.
    (c) Conditions on State Court Orders.--An order by a State court 
certifying an adoption as final or granting custody for the purpose of 
adoption in a case described in subsection (a) shall not be recognized 
by the Secretary of State or the Attorney General for purposes of 
intercountry adoption unless the court--
            (1) has received and verified to the extent it may find 
        necessary--
                    (A) the information and documentation specified in 
                section (b)(2); and
                    (B) satisfactory evidence that the requirements of 
                Article 4 and Articles 15 through 21 of the Convention 
                have been satisfied; and
            (2) has determined that the adoptive placement is in the 
        child's best interests.
    (d) Responsibility of the Secretary of State.--In each case 
described in subsection (a), the Secretary of State, upon receipt and 
verification as necessary of the information and documents described in 
subsection (b)(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.
    (e) Requirements Under State Law.--In cases described in subsection 
(a), States may impose additional responsibilities and requirements, 
not inconsistent with the provisions of this section, upon accredited 
persons and prospective adoptive parents acting on their own behalf.

SEC. 304. SPECIAL RULES FOR CERTAIN CASES.

    To the extent consistent with the Convention, the Secretary of 
State shall establish by regulation--
            (1) alternative procedures for the adoption of children by 
        individuals related to them by blood or marriage; and
            (2) procedures permitting exceptions to applicable 
        requirements, and waiving penalties for noncompliance, in the 
        case of unintentional or harmless failures to comply with the 
        requirements of the Convention, this Act, or implementing 
        regulations issued under this Act.

SEC. 305. VOIDING OF ADOPTIONS FOR CAUSE.

    (a) Voiding Adoptions by State Courts.--In addition to any remedies 
available under State law, a final decree entered with respect to a 
Convention adoption may be vacated by a State court if--
            (1) the decree was granted by a State court;
            (2) the court finds clear and convincing evidence that--
                    (A) the consent of a birth parent or, in the 
                absence thereof, the consent of a biological relative 
                if required by State law, to termination of parental 
                rights or to the adoption was not obtained, or was 
                obtained as a result of fraud, duress, or improper 
                inducement; or
                    (B) consent of an adoptive parent to the adoption 
                was obtained by fraud which such parent did not and 
                could not reasonably have been expected to discover;
            (3) voiding the adoption is in the best interests of the 
        child, taking into consideration the wishes of the child as 
        appropriate given his or her age;
            (4) less than two years have passed since the adoptive 
        parents obtained custody of the child; and
            (5) the adoptive parents are afforded an opportunity to be 
        heard in the proceeding.
    (b) Recognition of Any Other Convention Country's Proceeding 
Vacating Adoptions Covered by the Convention.--Whenever the competent 
authorities of any other Convention country notify the Secretary of 
State that--
            (1) the authorities have vacated an adoption decree 
        originally made in that country pursuant to the Convention; and
            (2) the decree has been vacated in accordance with the 
        standards established in paragraphs (2) through (5) of 
        subsection (a),
the decision to void such a decree shall be recognized as valid and 
given full effect in the United States.
    (c) Voiding of Adoption Not Voiding Child's Naturalization.--If a 
court of competent jurisdiction voids an adoption decree in accordance 
with subsection (a) or (b), such action does not void or prohibit the 
naturalization of the child as a citizen of the United States. Nothing 
in this subsection limits the Attorney General's authority under title 
III of the Immigration and Nationality Act to revoke the naturalization 
of such a child or to limit the Attorney General's discretion to 
consider a finding of fact by a State court that is relevant to such a 
determination.

SEC. 306. RECOGNITION OF CONVENTION ADOPTIONS BEFORE ENTRY INTO FORCE 
              OF CONVENTION FOR THE UNITED STATES.

    Subject to Article 24 of the Convention, any adoption concluded 
between two Convention countries that satisfies 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.

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

SEC. 401. RECORDS; PRIVACY PROVISIONS.

    (a) Maintenance of Convention Adoption Records.--The Secretary of 
State and the Attorney General shall establish procedures consistent 
with the requirements of Articles 30 and 31 of the Convention for the 
retention and identification of Convention adoption records.
    (b) Disclosure of and Access to Identifying Information.--
            (1) Consent required.--Except as provided in subsection 
        (d), identifying information contained in Convention adoption 
        records shall not be disclosed.
            (2) Application of privacy act.--
                    (A) An individual, or an individual's parent or 
                guardian, who would otherwise have a right to access 
                any Convention adoption record pursuant to section 552a 
                of title 5, United States Code, shall have such right 
                with respect to identifying information in such a 
                record only to the extent that such right is not 
                restricted by this section.
                    (B) Disclosure of identifying information in any 
                Convention adoption record shall be subject to any 
                restrictions that may be imposed by section 552a of 
                title 5, United States Code, and shall also be subject 
                to any restrictions imposed by this section.
            (3) No disclosure to child under 18.--A child who is the 
        subject of a Convention adoption record shall not be afforded 
        access to identifying information in such record, and such 
        information shall not be disclosed to such child, unless the 
        child has reached the age of 18 years.
    (c) Freedom of Information Act Exemption.--Information contained in 
records of the Department of State and the Immigration and 
Naturalization Service relating to adoption cases subject to the 
Convention shall not be disclosed to any person pursuant to section 552 
of title 5, United States Code.
    (d) Disclosure for Purposes of Administration of the Convention.--
Information in Convention adoption records may be disclosed by the 
Department of State, any official of the United States exercising 
central authority functions, any accredited person if necessary to 
administer the Convention or this Act.
    (e) Identifying Information Defined.--In this section, the term 
``identifying information'' means any information contained in an 
adoption record other than information relating to the health, social, 
or genetic background of the child, and which does not specifically 
identify the child, as prescribed by regulation by the Secretary of 
Health and Human Services, in consultation with the Secretary of State 
and the Attorney General.

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 or 
legalization in order to be admissible in any Federal, State, or local 
court in the United States, unless a specific and supported claim is 
made that the documents are false, have been altered, or are otherwise 
unreliable.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.

    (a) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to agencies of the Federal 
        Government implementing the Convention and the provisions of 
        this Act.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) are authorized to remain available until 
        expended.
    (b) Assessment of Fees.--
            (1) The Secretary of State may charge a fee prescribed by 
        regulation to cover the costs of new or enhanced services that 
        will be undertaken by the Department of State to meet the 
        requirements of this Act.
            (2) Fees collected under paragraph (1) shall be deposited 
        as an offsetting collection to any Department of State 
        appropriation to recover the costs of providing such services.
            (3) The provisions of the Act of August 18, 1856 (Revised 
        Statutes Sec. Sec. 1726-28; 22 U.S.C. Sec. Sec. 4212-14), 
        concerning accounting for consular fees, shall not apply to 
        fees collected under this subsection.
            (4) Fees authorized under this section shall be collected 
        and available for obligation only to the extent and in the 
        amount provided in advance in appropriations Acts.
    (c) Restriction.--No funds may be made available to an accrediting 
entity to carry out the purposes of this Act.

SEC. 404. ENFORCEMENT.

    (a) Civil Penalties.--Any person that--
            (1) provides adoption services in the United States to 
        facilitate a Convention adoption without appropriate 
        accreditation in accordance with title II,
            (2) makes a false or fraudulent statement or 
        misrepresentation of material fact, or offers, gives, solicits 
        or accepts improper inducement intended to influence or 
        affect--
                    (A) decisions concerning the accreditation of 
                persons to perform adoption services and central 
                authority functions under this Act,
                    (B) the relinquishment of parental rights or 
                parental consent relating to the adoption of a child 
                within the scope of this Act, or
                    (C) the decisions or actions of persons and 
                entities performing central authority functions 
                pursuant to the Convention and this Act,
            (3) makes a disclosure of information not authorized by 
        section 401(d) or to a person not authorized to receive the 
        information under that section, or
            (4) engages in coercive action to gain consent to 
        termination of parental rights or to adoption,
shall be subject, in addition to any other penalties that may be 
prescribed by law, to a civil money penalty of not more than $5,000 for 
a first violation, and not more than $10,000 for each succeeding 
violation.
    (b) Enforcement.--
            (1) Coordination with attorney general.--The Secretary of 
        State may impose a civil money penalty under subsection (a) 
        pursuant to such procedures as may be agreed upon by the 
        Secretary and the Attorney General.
            (2) Notice and hearing.--No penalty shall be assessed under 
        this section until the person charged has been given written 
        notice and an opportunity to respond.
            (3) Factors considered in imposing penalty.--In determining 
        the amount of the penalty, the gravity of the violation, the 
        degree of culpability, and the history of prior violations, if 
        any, shall be considered.
    (c) Criminal Penalties.--Whoever knowingly and willfully commits a 
violation specified in subsection (a)(2) shall be subject to a fine of 
not more than $10,000, or imprisonment for not more than one year, or 
both.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. RELATION TO OTHER LAWS.

    (a) Limited Preemption.--No provision of Federal, State, or local 
law shall be considered preempted by the Convention, this Act, or 
implementing regulations unless specified in this Act.
    (b) Indian Child Welfare Act.--Nothing in this Act or in the 
Convention is inconsistent with or modifies the provisions of the 
Indian Child Welfare Act (25 U.S.C. 1901 et seq.) concerning custody 
and placement of children subject to that Act.
    (c) State Licensing Laws.--Nothing in the Convention or this Act 
precludes any State from requiring that a person or entity be licensed 
by the State as a condition of providing adoption-related services.

SEC. 502. NO PRIVATE RIGHT OF ACTION.

    Nothing in the Convention or this Act creates a private right of 
action to seek administrative or judicial relief, except to the extent 
specifically provided.

SEC. 503. EFFECTIVE DATE; TRANSITION PROVISIONS.

    (a) Effective Date.--
            (1) Provisions effective upon enactment.--Except as 
        provided in paragraph (2), this Act shall take effect upon its 
        date of enactment.
            (2) Provisions effective upon the convention's entry into 
        force.--Subject to the provisions of subsection (b), sections 
        104, 202, 402, and 404 and titles III and IV shall take effect 
        upon the date of entry into force of the Convention for the 
        United States pursuant to Article 46(2)(a) of the Convention, 
        and shall govern Convention adoptions made final thereafter.
    (b) Transition Provisions.--
            (1) Adoptions in process on effective date.--The Convention 
        and this Act shall not apply--
                    (A) 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 such 
                child is filed before the effective date specified in 
                subsection (a); or
                    (B) in the case of a child emigrating from the 
                United States, if the prospective adoptive parents 
                initiated the adoption process in their country of 
                residence with the filing of an appropriate application 
                before the effective date of this Act.
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