I 

110TH CONGRESS 

1ST SESSION H. R. 120 

To reform Federal procedures relating to intercountry adoption. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2007 

Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform Federal procedures relating to intercountry 

adoption. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intercountry Adoption 

5 Reform Act of 2007’’ or the ‘‘ICARE Act’’. 

6 TITLE I—INTERCOUNTRY 

7 ADOPTION REFORM 

8 SEC. 101. FINDINGS; PURPOSES. 

9 (a) FINDINGS.—Congress finds the following: 


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1 (1) That a child, for the full and harmonious 

2 development of his or her personality, should grow 

3 up in a family environment, in an atmosphere of 

4 happiness, love, and understanding. 

5 (2) That intercountry adoption may offer the 

6 advantage of a permanent family to a child for 

7 whom a suitable family cannot be found in his or her 

8 country of origin. 

9 (3) There has been a significant growth in 

10 intercountry adoptions. In 1990, Americans adopted 

11 7,093 children from abroad. In 2004, they adopted 

12 23,460 children from abroad. 

13 (4) Americans increasingly seek to create or en14 large their families through intercountry adoptions. 

15 (5) There are many children worldwide that are 

16 without permanent homes. 

17 (6) In the interest of children without a perma18 nent family and the United States citizens who are 

19 waiting to bring them into their families, reforms 

20 are needed in the intercountry adoption process used 

21 by United States citizens. 

22 (7) Before adoption, each child should have the 

23 benefit of measures taken to ensure that inter24 country adoption is in his or her best interest and 


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1 that prevents the abduction, selling, or trafficking of 

2 children. 

3 (8) In addition, Congress recognizes that for4 eign-born adopted children do not make the decision 

5 whether to immigrate to the United States. They are 

6 being chosen by Americans to become part of their 

7 immediate families. 

8 (9) As such these children should not be classi9 fied as immigrants in the traditional sense. Once 

10 fully and finally adopted, they should be treated as 

11 children of United States citizens. 

12 (10) Since a child who is fully and finally 

13 adopted is entitled to the same rights, duties, and 

14 responsibilities as a biological child, the law should 

15 reflect such equality. 

16 (11) Therefore, foreign-born adopted children of 

17 United States citizens should be accorded the same 

18 procedural treatment as biological children born 

19 abroad to a United States citizen. 

20 (12) If a United States citizen can confer citi21 zenship to a biological child born abroad, then the 

22 same citizen is entitled to confer such citizenship to 

23 their legally and fully adopted foreign-born child im24 mediately upon final adoption. 


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1 (13) If a United States citizen cannot confer 

2 citizenship to a biological child born abroad, then 

3 such citizen cannot confer citizenship to their legally 

4 and fully adopted foreign-born child, except through 

5 the naturalization process. 

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

7 (1) to ensure that any adoption of a foreign8 born child by parents in the United States is carried 

9 out in the manner that is in the best interests of the 

10 child; 

11 (2) to ensure that foreign-born children adopted 

12 by United States citizens will be treated identically 

13 to a biological child born abroad to the same citizen 

14 parent; and 

15 (3) to improve the intercountry adoption proc16 ess to make it more citizen friendly and focused on 

17 the protection of the child. 

18 SEC. 102. DEFINITIONS. 

19 In this Act: 

20 (1) ADOPTABLE CHILD.—The term ‘‘adoptable 

21 child’’ has the same meaning given such term in sec22 tion 101(c)(3) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(c)(3)), as added by section 

24 304(a) of this Act. 


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1 (2) AMBASSADOR AT LARGE.—The term ‘‘Am2 bassador at Large’’ means the Ambassador at Large 

3 for Intercountry Adoptions appointed to head the 

4 Office pursuant to section 201(b). 

5 (3) COMPETENT AUTHORITY.—The term ‘‘com6 petent authority’’ means the entity or entities au7 thorized by the law of the child’s country of resi8 dence to engage in permanent placement of children 

9 who are no longer in the legal or physical custody 

10 of their biological parents. 

11 (4) CONVENTION.—The term ‘‘Convention’’ 

12 means the Convention on Protection of Children and 

13 Co-operation in Respect of Intercountry Adoption, 

14 done at The Hague on May 29, 1993. 

15 (5) FULL AND FINAL ADOPTION.—The term 

16 ‘‘full and final adoption’’ means an adoption— 

17 (A) that is completed according to the laws 

18 of the child’s country of residence or the State 

19 law of the parent’s residence; 

20 (B) under which a person is granted full 

21 and legal custody of the adopted child; 

22 (C) that has the force and effect of sev23 ering the child’s legal ties to the child’s biologi24 cal parents; 


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1 (D) under which the adoptive parents meet 

2 the requirements of section 305; and 

3 (E) under which the child has been adju4 dicated to be an adoptable child in accordance 

5 with section 306. 

6 (6) OFFICE.—The term ‘‘Office’’ means the Of7 fice of Intercountry Adoptions established under sec8 tion 201(a). 

9 (7) READILY APPROVABLE.—A petition or cer10 tification is ‘‘readily approvable’’ if the documentary 

11 support provided along with such petition or certifi12 cation demonstrates that the petitioner satisfies the 

13 eligibility requirements and no additional informa14 tion or investigation is necessary. 

15 TITLE II—ADMINISTRATION OF 

16 INTERCOUNTRY ADOPTIONS 

17 SEC. 201. OFFICE OF INTERCOUNTRY ADOPTIONS. 

18 (a) ESTABLISHMENT.—Not later than 180 days after 

19 the date of enactment of this Act, there shall be estab20 lished within the Department of State, an Office of Inter21 country Adoptions which shall be headed by the Ambas22 sador at Large for Intercountry Adoptions. 

23 (b) AMBASSADOR AT LARGE.— 

24 (1) APPOINTMENT.—The Ambassador at Large 

25 shall be appointed by the President, by and with the 


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1 advice and consent of the Senate, from among indi2 viduals who have background, experience, and train3 ing in intercountry adoptions. 

4 (2) CONFLICTS OF INTEREST.—The individual 

5 appointed to be the Ambassador at Large shall be 

6 free from any conflict of interest that could impede 

7 such individual’s ability to serve as the Ambassador. 

8 (3) AUTHORITY.—The Ambassador at Large 

9 shall report directly to the Secretary of State, in 

10 consultation with the Assistant Secretary for Con11 sular Affairs. 

12 (4) REGULATIONS.—The Ambassador at Large 

13 may not issue rules or regulations unless such rules 

14 or regulations have been approved by the Secretary 

15 of State. 

16 (5) DUTIES OF THE AMBASSADOR AT LARGE.— 

17 The Ambassador at Large shall have the following 

18 responsibilities: 

19 (A) IN GENERAL.—The primary respon20 sibilities of the Ambassador at Large shall be— 

21 (i) to ensure that any adoption of a 

22 foreign-born child by parents in the United 

23 States is carried out in the manner that is 

24 in the best interest of the child; and 


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1 (ii) to assist the Secretary of State in 

2 fulfilling the responsibilities designated to 

3 the central authority under title I of the 

4 Intercountry Adoption Act of 2000 (42 

5 U.S.C. 14911 et seq.). 

6 (B) ADVISORY ROLE.—The Ambassador at 

7 Large shall be a principal advisor to the Presi8 dent and the Secretary of State regarding mat9 ters affecting intercountry adoption and the 

10 general welfare of children abroad and shall 

11 make recommendations regarding— 

12 (i) the policies of the United States 

13 with respect to the establishment of a sys14 tem of cooperation among the parties to 

15 the Convention; 

16 (ii) the policies to prevent abandon17 ment, to strengthen families, and to ad18 vance the placement of children in perma19 nent families; and 

20 (iii) policies that promote the protec21 tion and well-being of children. 

22 (C) DIPLOMATIC REPRESENTATION.—Sub23 ject to the direction of the President and the 

24 Secretary of State, the Ambassador at Large 


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1 may represent the United States in matters and 

2 cases relevant to international adoption in— 

3 (i) fulfillment of the responsibilities 

4 designated to the central authority under 

5 title I of the Intercountry Adoption Act of 

6 2000 (42 U.S.C. 14911 et seq.); 

7 (ii) contacts with foreign governments, 

8 intergovernmental organizations, and spe9 cialized agencies of the United Nations and 

10 other international organizations of which 

11 the United States is a member; and 

12 (iii) multilateral conferences and 

13 meetings relevant to international adop14 tion. 

15 (D) INTERNATIONAL POLICY DEVELOP16 MENT.—The Ambassador at Large shall advise 

17 and support the Secretary of State and other 

18 relevant Bureaus of the Department of State in 

19 the development of sound policy regarding child 

20 protection and intercountry adoption. 

21 (E) REPORTING RESPONSIBILITIES.—The 

22 Ambassador at Large shall have the following 

23 reporting responsibilities: 

24 (i) IN GENERAL.—The Ambassador at 

25 Large shall assist the Secretary of State 


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1 and other relevant Bureaus in preparing 

2 those portions of the Human Rights Re3 ports that relate to the abduction, sale, 

4 and trafficking of children. 

5 (ii) ANNUAL REPORT ON INTER6 COUNTRY ADOPTION.—Not later than Sep7 tember 1 of each year, the Secretary of 

8 State shall prepare and submit to Congress 

9 an annual report on intercountry adoption. 

10 Each annual report shall include— 

11 (I) a description of the status of 

12 child protection and adoption in each 

13 foreign country, including— 

14 (aa) trends toward improve15 ment in the welfare and protec16 tion of children and families; 

17 (bb) trends in family reunifi18 cation, domestic adoption, and 

19 intercountry adoption; 

20 (cc) movement toward ratifi21 cation and implementation of the 

22 Convention; and 

23 (dd) census information on 

24 the number of children in or25 phanages, foster homes, and 


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1 other types of nonpermanent res2 idential care as reported by the 

3 foreign country; 

4 (II) the number of intercountry 

5 adoptions by United States citizens, 

6 including the country from which each 

7 child emigrated, the State in which 

8 each child resides, and the country in 

9 which the adoption was finalized; 

10 (III) the number of intercountry 

11 adoptions involving emigration from 

12 the United States, including the coun13 try where each child now resides and 

14 the State from which each child emi15 grated; 

16 (IV) the number of placements 

17 for adoption in the United States that 

18 were disrupted, including the country 

19 from which the child emigrated, the 

20 age of the child, the date of the place21 ment for adoption, the reasons for the 

22 disruption, the resolution of the dis23 ruption, the agencies that handled the 

24 placement for adoption, and the plans 

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1 formation regarding disruption or dis2 solution of adoptions of children from 

3 other countries received pursuant to 

4 section 422(b)(14) of the Social Secu5 rity Act (42 U.S.C. 622(b)(14)); 

6 (V) the average time required for 

7 completion of an adoption, set forth 

8 by the country from which the child 

9 emigrated; 

10 (VI) the current list of agencies 

11 accredited and persons approved 

12 under the Intercountry Adoption Act 

13 of 2000 (42 U.S.C. 14901 et seq.) to 

14 provide adoption services; 

15 (VII) the names of the agencies 

16 and persons temporarily or perma17 nently debarred under the Inter18 country Adoption Act of 2000 (42 

19 U.S.C. 14901 et seq.), and the rea20 sons for the debarment; 

21 (VIII) the range of adoption fees 

22 involving adoptions by United States 

23 citizens and the median of such fees 

24 set forth by the country of origin; 


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1 (IX) the range of fees charged 

2 for accreditation of agencies and the 

3 approval of persons in the United 

4 States engaged in providing adoption 

5 services under the Convention; and 

6 (X) recommendations of ways the 

7 United States might act to improve 

8 the welfare and protection of children 

9 and families in each foreign country. 

10 (c) FUNCTIONS OF OFFICE.—The Office shall have 

11 the following 7 functions: 

12 (1) APPROVAL OF A FAMILY TO ADOPT.—To 

13 approve or disapprove the eligibility of a United 

14 States citizen to adopt a child born in a foreign 

15 country. 

16 (2) CHILD ADJUDICATION.—To investigate and 

17 adjudicate the status of a child born in a foreign 

18 country to determine whether that child is an adopt19 able child. 

20 (3) FAMILY SERVICES.—To provide assistance 

21 to United States citizens engaged in the intercountry 

22 adoption process in resolving problems with respect 

23 to that process and to track intercountry adoption 

24 cases so as to ensure that all such adoptions are 

25 processed in a timely manner. 


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1 (4) INTERNATIONAL POLICY DEVELOPMENT.— 

2 To advise and support the Ambassador at Large and 

3 other relevant Bureaus of the Department of State 

4 in the development of sound policy regarding child 

5 protection and intercountry adoption. 

6 (5) CENTRAL AUTHORITY.—To assist the Sec7 retary of State in carrying out duties of the central 

8 authority as defined in section 3 of the Intercountry 

9 Adoption Act of 2000 (42 U.S.C. 14902). 

10 (6) ENFORCEMENT.—To investigate, either di11 rectly or in cooperation with other appropriate inter12 national, Federal, State, or local entities, impropri13 eties relating to intercountry adoption, including 

14 issues of child protection, birth family protection, 

15 and consumer fraud. 

16 (7) ADMINISTRATION.—To perform administra17 tive functions related to the functions performed 

18 under paragraphs (1) through (6), including legal 

19 functions and congressional liaison and public affairs 

20 functions. 

21 (d) ORGANIZATION.— 

22 (1) IN GENERAL.—All functions of the Office 

23 shall be performed by officers employed in a central 

24 office located in Washington, D.C. Within that of25 fice, there shall be 7 divisions corresponding to the 


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1 7 functions of the Office. The director of each such 

2 division shall report directly to the Ambassador at 

3 Large. 

4 (2) APPROVAL TO ADOPT.—The division re5 sponsible for approving parents to adopt shall be di6 vided into regions of the United States as follows: 

7 (A) Northwest. 

8 (B) Northeast. 

9 (C) Southwest. 

10 (D) Southeast. 

11 (E) Midwest. 

12 (F) West. 

13 (3) CHILD ADJUDICATION.—To the extent prac14 ticable, the division responsible for the adjudication 

15 of foreign-born children as adoptable shall be divided 

16 by world regions which correspond to the world re17 gions used by other divisions within the Department 

18 of State. 

19 (4) USE OF INTERNATIONAL FIELD OFFI20 CERS.—Nothing in this section shall be construed to 

21 prohibit the use of international field officers posted 

22 abroad, as necessary, to fulfill the requirements of 

23 this Act. 

24 (5) COORDINATION.—The Ambassador at 

25 Large shall coordinate with appropriate employees of 


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1 other agencies and departments of the United 

2 States, whenever appropriate, in carrying out the 

3 duties of the Ambassador. 

4 (e) QUALIFICATIONS AND TRAINING.—In addition to 

5 meeting the employment requirements of the Department 

6 of State, officers employed in any of the 7 divisions of 

7 the Office shall undergo extensive and specialized training 

8 in the laws and processes of intercountry adoption as well 

9 as understanding the cultural, medical, emotional, and so10 cial issues surrounding intercountry adoption and adoptive 

11 families. The Ambassador at Large shall, whenever pos12 sible, recruit and hire individuals with background and ex13 perience in intercountry adoptions, taking care to ensure 

14 that such individuals do not have any conflicts of interest 

15 that might inhibit their ability to serve. 

16 (f) USE OF ELECTRONIC DATABASES AND FILING.— 

17 To the extent possible, the Office shall make use of cen18 tralized, electronic databases and electronic form filing. 

19 SEC. 202. RECOGNITION OF CONVENTION ADOPTIONS IN 

20 THE UNITED STATES. 

21 Section 505(a)(1) of the Intercountry Adoption Act 

22 of 2000 (42 U.S.C. 14901 note) is amended by inserting 

23 ‘‘301, 302,’’ after ‘‘205,’’. 


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1 SEC. 203. TECHNICAL AND CONFORMING AMENDMENT. 

2 Section 104 of the Intercountry Adoption Act of 2000 

3 (42 U.S.C. 14914) is repealed. 

4 SEC. 204. TRANSFER OF FUNCTIONS. 

5 (a) IN GENERAL.—Subject to subsection (c), all func6 tions under the immigration laws of the United States 

7 with respect to the adoption of foreign-born children by 

8 United States citizens and their admission to the United 

9 States that have been vested by statute in, or exercised 

10 by, the Secretary of Homeland Security immediately prior 

11 to the effective date of this Act, are transferred to the 

12 Secretary of State on the effective date of this Act and 

13 shall be carried out by the Ambassador at Large, under 

14 the supervision of the Secretary of State, in accordance 

15 with applicable laws and this Act. 

16 (b) EXERCISE OF AUTHORITIES.—Except as other17 wise provided by law, the Ambassador at Large may, for 

18 purposes of performing any function transferred to the 

19 Ambassador at Large under subsection (a), exercise all 

20 authorities under any other provision of law that were 

21 available with respect to the performance of that function 

22 to the official responsible for the performance of the func23 tion immediately before the effective date of the transfer 

24 of the function pursuant to this subtitle. 

25 (c) LIMITATION ON TRANSFER OF PENDING ADOP26 TIONS.—If an individual has filed a petition with the ImVerDate Aug 31 2005 17:53 Jan 16, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H120.IH H120

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1 migration and Naturalization Service or the Department 

2 of Homeland Security with respect to the adoption of a 

3 foreign-born child prior to the date of enactment of this 

4 Act, the Secretary of Homeland Security shall have the 

5 authority to make the final determination on such petition 

6 and such petition shall not be transferred to the Office. 

7 SEC. 205. TRANSFER OF RESOURCES. 

8 Subject to section 1531 of title 31, United States 

9 Code, upon the effective date of this Act, there are trans10 ferred to the Ambassador at Large for appropriate alloca11 tion in accordance with this Act, the assets, liabilities, con12 tracts, property, records, and unexpended balance of ap13 propriations, authorizations, allocations, and other funds 

14 employed, held, used, arising from, available to, or to be 

15 made available to the Department of Homeland Security 

16 in connection with the functions transferred pursuant to 

17 this subtitle. 

18 SEC. 206. INCIDENTAL TRANSFERS. 

19 The Ambassador at Large may make such additional 

20 incidental dispositions of personnel, assets, liabilities, 

21 grants, contracts, property, records, and unexpended bal22 ances of appropriations, authorizations, allocations, and 

23 other funds held, used, arising from, available to, or to 

24 be made available in connection with such functions, as 

25 may be necessary to carry out this subtitle. The AmbasVerDate Aug 31 2005 17:53 Jan 16, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H120.IH H120

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1 sador at Large shall provide for such further measures 

2 and dispositions as may be necessary to effectuate the pur3 poses of this subtitle. 

4 SEC. 207. SAVINGS PROVISIONS. 

5 (a) LEGAL DOCUMENTS.—All orders, determinations, 

6 rules, regulations, permits, grants, loans, contracts, agree7 ments, including collective bargaining agreements, certifi8 cates, licenses, and privileges— 

9 (1) that have been issued, made, granted, or al10 lowed to become effective by the President, the Am11 bassador at Large, the former Commissioner of the 

12 Immigration and Naturalization Service, or the Sec13 retary of Homeland Security, or their delegates, or 

14 any other Government official, or by a court of com15 petent jurisdiction, in the performance of any func16 tion that is transferred pursuant to this subtitle; and 

17 (2) that are in effect on the effective date of 

18 such transfer (or become effective after such date 

19 pursuant to their terms as in effect on such effective 

20 date); 

21 shall continue in effect according to their terms until 

22 modified, terminated, superseded, set aside, or revoked in 

23 accordance with law by the President, any other author24 ized official, a court of competent jurisdiction, or operation 

25 of law, except that any collective bargaining agreement 


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1 shall remain in effect until the date of termination speci2 fied in the agreement. 

3 (b) PROCEEDINGS.— 

4 (1) PENDING.—The transfer of functions under 

5 section 204 shall not affect any proceeding or any 

6 application for any benefit, service, license, permit, 

7 certificate, or financial assistance pending on the ef8 fective date of this subtitle before an office whose 

9 functions are transferred pursuant to this subtitle, 

10 but such proceedings and applications shall be con11 tinued. 

12 (2) ORDERS.—Orders shall be issued in such 

13 proceedings, appeals shall be taken therefrom, and 

14 payments shall be made pursuant to such orders, as 

15 if this Act had not been enacted, and orders issued 

16 in any such proceeding shall continue in effect until 

17 modified, terminated, superseded, or revoked by a 

18 duly authorized official, by a court of competent ju19 risdiction, or by operation of law. 

20 (3) DISCONTINUANCE OR MODIFICATION.— 

21 Nothing in this section shall be considered to pro22 hibit the discontinuance or modification of any such 

23 proceeding under the same terms and conditions and 

24 to the same extent that such proceeding could have 


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1 been discontinued or modified if this section had not 

2 been enacted. 

3 (c) SUITS.—This subtitle shall not affect suits com4 menced before the effective date of this subtitle, and in 

5 all such suits, proceeding shall be had, appeals taken, and 

6 judgments rendered in the same manner and with the 

7 same effect as if this Act had not been enacted. 

8 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

9 or other proceeding commenced by or against the Depart10 ment of State, the Immigration and Naturalization Serv11 ice, or the Department of Homeland Security, or by or 

12 against any individual in the official capacity of such indi13 vidual as an officer or employee in connection with a func14 tion transferred pursuant to this section, shall abate by 

15 reason of the enactment of this Act. 

16 (e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF

17 PARTIES.—If any Government officer in the official capac18 ity of such officer is party to a suit with respect to a func19 tion of the officer, and pursuant to this subtitle such func20 tion is transferred to any other officer or office, then such 

21 suit shall be continued with the other officer or the head 

22 of such other office, as applicable, substituted or added 

23 as a party. 

24 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE25 VIEW.—Except as otherwise provided by this subtitle, any 


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1 statutory requirements relating to notice, hearings, action 

2 upon the record, or administrative or judicial review that 

3 apply to any function transferred pursuant to any provi4 sion of this subtitle shall apply to the exercise of such 

5 function by the head of the office, and other officers of 

6 the office, to which such function is transferred pursuant 

7 to such provision. 

8 TITLE III—REFORM OF UNITED 

9 STATES LAWS GOVERNING 

10 INTERCOUNTRY ADOPTIONS 

11 SEC. 301. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 

12 ADOPTED CHILDREN BORN OUTSIDE THE 

13 UNITED STATES. 

14 (a) AUTOMATIC CITIZENSHIP PROVISIONS.— 

15 (1) AMENDMENT OF THE INA.—Section 320 of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1431) is amended to read as follows: 

18 ‘‘SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR 

19 CHILDREN BORN OUTSIDE THE UNITED 

20 STATES. 

21 ‘‘(a) IN GENERAL.—A child born outside of the 

22 United States automatically becomes a citizen of the 

23 United States— 

24 ‘‘(1) if the child is not an adopted child— 


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1 ‘‘(A) at least 1 parent of the child is a cit2 izen of the United States, whether by birth or 

3 naturalization, who has been physically present 

4 (as determined under subsection (b)) in the 

5 United States or its outlying possessions for a 

6 period or periods totaling not less than 5 years, 

7 at least 2 of which were after attaining the age 

8 of 14 years; and 

9 ‘‘(B) the child is under the age of 18 

10 years; or 

11 ‘‘(2) if the child is an adopted child, on the date 

12 of the full and final adoption of the child— 

13 ‘‘(A) at least 1 parent of the child is a cit14 izen of the United States, whether by birth or 

15 naturalization, who has been physically present 

16 (as determined under subsection (b)) in the 

17 United States or its outlying possessions for a 

18 period or periods totaling not less than 5 years, 

19 at least 2 of which were after attaining the age 

20 of 14 years; 

21 ‘‘(B) the child is an adoptable child; 

22 ‘‘(C) the child is the beneficiary of a full 

23 and final adoption decree entered by a foreign 

24 government or a court in the United States; 

25 and 


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1 ‘‘(D) the child is under the age of 16 

2 years. 

3 ‘‘(b) PHYSICAL PRESENCE.—For the purposes of 

4 subsection (a)(2)(A), the requirement for physical pres5 ence in the United States or its outlying possessions may 

6 be satisfied by the following: 

7 ‘‘(1) Any periods of honorable service in the 

8 Armed Forces of the United States. 

9 ‘‘(2) Any periods of employment with the 

10 United States Government or with an international 

11 organization as that term is defined in section 1 of 

12 the International Organizations Immunities Act (22 

13 U.S.C. 288) by such citizen parent. 

14 ‘‘(3) Any periods during which such citizen par15 ent is physically present outside the United States or 

16 its outlying possessions as the dependent unmarried 

17 son or daughter and a member of the household of 

18 a person— 

19 ‘‘(A) honorably serving with the Armed 

20 Forces of the United States; or 

21 ‘‘(B) employed by the United States Gov22 ernment or an international organization as de23 fined in section 1 of the International Organiza24 tions Immunities Act (22 U.S.C. 288). 


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1 ‘‘(c) FULL AND FINAL ADOPTION.—In this section, 

2 the term ‘full and final adoption’ means an adoption— 

3 ‘‘(1) that is completed under the laws of the 

4 child’s country of residence or the State law of the 

5 parent’s residence; 

6 ‘‘(2) under which a person is granted full and 

7 legal custody of the adopted child; 

8 ‘‘(3) that has the force and effect of severing 

9 the child’s legal ties to the child’s biological parents; 

10 ‘‘(4) under which the adoptive parents meet the 

11 requirements of section 305 of the Intercountry 

12 Adoption Reform Act of 2007; and 

13 ‘‘(5) under which the child has been adjudicated 

14 to be an adoptable child in accordance with section 

15 306 of the Intercountry Adoption Reform Act of 

16 2007.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents in the first section of the Immigration and Nation19 ality Act (66 Stat. 163) is amended by striking the item 

20 relating to section 320 and inserting the following: 

‘‘Sec. 320. Conditions for automatic citizenship for children born outside the 

United States.’’. 

21 (c) EFFECTIVE DATE.—This section shall take effect 

22 as if enacted on June 27, 1952. 


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1 SEC. 302. REVISED PROCEDURES. 

2 Notwithstanding any other provision of law, the fol3 lowing requirements shall apply with respect to the adop4 tion of foreign born children by United States citizens: 

5 (1) Upon completion of a full and final adop6 tion, the Secretary shall issue a United States pass7 port and a Consular Report of Birth for a child who 

8 satisfies the requirements of section 320(a)(2) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1431(a)(2)), as amended by section 301 of this Act, 

11 upon application by a United States citizen parent. 

12 (2) An adopted child described in paragraph (1) 

13 shall not require the issuance of a visa for travel and 

14 admission to the United States but shall be admitted 

15 to the United States upon presentation of a valid, 

16 unexpired United States passport. 

17 (3) No affidavit of support under section 213A 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1183a) shall be required in the case of any adopt20 able child. 

21 (4) The Secretary of State, acting through the 

22 Ambassador at Large, shall require that agencies 

23 provide prospective adoptive parents an opportunity 

24 to conduct an independent medical exam and a copy 

25 of any medical records of the child known to exist 

26 (to the greatest extent practicable, these documents 


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1 shall include an English translation) on a date that 

2 is not later than the earlier of the date that is 2 

3 weeks before the adoption, or the date on which pro4 spective adoptive parents travel to such a foreign 

5 country to complete all procedures in such country 

6 relating to adoption. 

7 (5) The Secretary of State, acting through the 

8 Ambassador at Large, shall take necessary measures 

9 to ensure that all prospective adoptive parents 

10 adopting internationally are provided with training 

11 that includes counseling and guidance for the pur12 pose of promoting a successful intercountry adoption 

13 before such parents travel to adopt the child or the 

14 child is placed with such parents for adoption. 

15 (6) The Secretary of State, acting through the 

16 Ambassador at Large, shall take necessary measures 

17 to ensure that— 

18 (A) prospective adoptive parents are given 

19 full disclosure of all direct and indirect costs of 

20 intercountry adoption before the parents are 

21 matched with a child for adoption; 

22 (B) fees charged in relation to the inter23 country adoption be on a fee-for-service basis, 

24 not on a contingent fee basis; and 


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1 (C) that the transmission of fees between 

2 the adoption agency, the country of origin, and 

3 the prospective adoptive parents is carried out 

4 in a transparent and efficient manner. 

5 (7) The Secretary of State, acting through the 

6 Ambassador at Large, shall take all measures nec7 essary to ensure that all documents provided to a 

8 country of origin on behalf of a prospective adoptive 

9 parent are truthful and accurate. 

10 SEC. 303. NONIMMIGRANT VISAS FOR CHILDREN TRAV11 ELING TO THE UNITED STATES TO BE ADOPT12 ED BY A UNITED STATES CITIZEN. 

13 (a) NONIMMIGRANT CLASSIFICATION.— 

14 (1) IN GENERAL.—Section 101(a)(15) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(15)) is amended by adding at the end the 

17 following: 

18 ‘‘(W) an adoptable child who is coming into the 

19 United States for adoption by a United States cit20 izen and a spouse jointly or by an unmarried United 

21 States citizen at least 25 years of age, who has been 

22 approved to adopt by the Office of International 

23 Adoption of the Department of State.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Such section 101(a)(15) is further amend3 ed— 

4 (A) by striking ‘‘or’’ at the end of subpara5 graph (U); and 

6 (B) by striking the period at the end of 

7 subparagraph (V) and inserting ‘‘; or’’. 

8 (b) TERMINATION OF PERIOD OF AUTHORIZED AD9 MISSION.—Section 214 of the Immigration and Nation10 ality Act (8 U.S.C. 1184) is amended by adding at the 

11 end the following: 

12 ‘‘(s) In the case of a nonimmigrant described in sec13 tion 101(a)(15)(W), the period of authorized admission 

14 shall terminate on the earlier of— 

15 ‘‘(1) the date on which the adoption of the non16 immigrant is completed by the courts of the State 

17 where the parents reside; or 

18 ‘‘(2) the date that is 4 years after the date of 

19 admission of the nonimmigrant into the United 

20 States, unless a petitioner is able to show cause as 

21 to why the adoption could not be completed prior to 

22 such date and the Secretary of State extends such 

23 period for the period necessary to complete the adop24 tion.’’. 


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1 (c) TEMPORARY TREATMENT AS LEGAL PERMANENT

2 RESIDENT.—Notwithstanding any other law, all benefits 

3 and protections that apply to a legal permanent resident 

4 shall apply to a nonimmigrant described in section 

5 101(a)(15)(W) of the Immigration and Nationality Act, 

6 as added by subsection (a), pending a full and final adop7 tion. 

8 (d) EXCEPTION FROM IMMUNIZATION REQUIREMENT

9 FOR CERTAIN ADOPTED CHILDREN.—Section 

10 212(a)(1)(C) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(a)(1)(C)) is amended— 

12 (1) in the heading by striking ‘‘10 YEARS’’ and 

13 inserting ‘‘18 YEARS’’; and 

14 (2) in clause (i), by striking ‘‘10 years’’ and in15 serting ‘‘18 years’’. 

16 (e) REGULATIONS.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary of State shall 

18 prescribe such regulations as may be necessary to carry 

19 out this section. 

20 SEC. 304. DEFINITION OF ADOPTABLE CHILD. 

21 (a) IN GENERAL.—Section 101(c) of the Immigration 

22 and Nationality Act (8 U.S.C. 1101(c)) is amended by 

23 adding at the end the following: 

24 ‘‘(3) The term ‘adoptable child’ means an unmarried 

25 person under the age of 18— 


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1 ‘‘(A)(i) whose biological parents (or parent, in 

2 the case of a child who has one sole or surviving 

3 parent) or other persons or institutions that retain 

4 legal custody of the child— 

5 ‘‘(I) have freely given their written irrev6 ocable consent to the termination of their legal 

7 relationship with the child, and to the child’s 

8 emigration and adoption and that such consent 

9 has not been induced by payment or compensa10 tion of any kind and has not been given prior 

11 to the birth of the child; 

12 ‘‘(II) are unable to provide proper care for 

13 the child, as determined by the competent au14 thority of the child’s residence; or 

15 ‘‘(III) have voluntarily relinquished the 

16 child to the competent authorities pursuant to 

17 the law of the child’s residence; or 

18 ‘‘(ii) who, as determined by the competent au19 thority of the child’s residence— 

20 ‘‘(I) has been abandoned or deserted by 

21 their biological parent, parents, or legal guard22 ians; or 

23 ‘‘(II) has been orphaned due to the death 

24 or disappearance of their biological parent, par25 ents, or legal guardians; 


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1 ‘‘(B) with respect to whom the Secretary of 

2 State is satisfied that the proper care will be fur3 nished the child if admitted to the United States; 

4 ‘‘(C) with respect to whom the Secretary of 

5 State is satisfied that the purpose of the adoption is 

6 to form a bona fide parent-child relationship and 

7 that the parent-child relationship of the child and 

8 the biological parents has been terminated (and in 

9 carrying out both obligations under this subpara10 graph, the Secretary of State, in consultation with 

11 the Secretary of Homeland Security, may consider 

12 whether there is a petition pending to confer immi13 grant status on one or both of the biological par14 ents); 

15 ‘‘(D) with respect to whom the Secretary of 

16 State, is satisfied that there has been no induce17 ment, financial or otherwise, offered to obtain the 

18 consent nor was it given before the birth of the 

19 child; 

20 ‘‘(E) with respect to whom the Secretary of 

21 State, in consultation with the Secretary of Home22 land Security, is satisfied that the person is not a 

23 security risk; and 

24 ‘‘(F) whose eligibility for adoption and emigra25 tion to the United States has been certified by the 


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1 competent authority of the country of the child’s 

2 place of birth or residence.’’. 

3 (b) CONFORMING AMENDMENT.—Section 204(d) of 

4 the Immigration and Nationality Act (8 U.S.C. 1154(d)) 

5 is amended by inserting ‘‘and an adoptable child as de6 fined in section 101(c)(3)’’ before ‘‘unless a valid home7 study’’. 

8 SEC. 305. APPROVAL TO ADOPT. 

9 (a) IN GENERAL.—Prior to the issuance of a visa 

10 under section 101(a)(15)(W) of the Immigration and Na11 tionality Act, as added by section 303(a) of this Act, or 

12 the issuance of a full and final adoption decree, the United 

13 States citizen adoptive parent shall have approved by the 

14 Office a petition to adopt. Such petition shall be subject 

15 to the same terms and conditions as are applicable to peti16 tions for classification under section 204.3 of title 8 of 

17 the Code of Federal Regulations, as in effect on the day 

18 before the date of enactment of this Act. 

19 (b) EXPIRATION OF APPROVAL.—Approval to adopt 

20 under this Act is valid for 24 months from the date of 

21 approval. Nothing in this section may prevent the Sec22 retary of Homeland Security from periodically updating 

23 the fingerprints of an individual who has filed a petition 

24 for adoption. 


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1 (c) EXPEDITED REAPPROVAL PROCESS OF FAMILIES

2 PREVIOUSLY APPROVED TO ADOPT.—The Secretary of 

3 State shall prescribe such regulations as may be necessary 

4 to provide for an expedited and streamlined process for 

5 families who have been previously approved to adopt and 

6 whose approval has expired, so long as not more than 4 

7 years have lapsed since the original application. 

8 (d) DENIAL OF PETITION.— 

9 (1) NOTICE OF INTENT.—If the officer adjudi10 cating the petition to adopt finds that it is not read11 ily approvable, the officer shall notify the petitioner, 

12 in writing, of the officer’s intent to deny the peti13 tion. Such notice shall include the specific reasons 

14 why the petition is not readily approvable. 

15 (2) PETITIONER’S RIGHT TO RESPOND.—Upon 

16 receiving a notice of intent to deny, the petitioner 

17 has 30 days to respond to such notice. 

18 (3) DECISION.—Within 30 days of receipt of 

19 the petitioner’s response the Office must reach a 

20 final decision regarding the eligibility of the peti21 tioner to adopt. Notice of a formal decision must be 

22 delivered in writing. 

23 (4) RIGHT TO AN APPEAL.—Unfavorable deci24 sions may be appealed to the Department of State 

25 and, after the exhaustion of the appropriate appeals 


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1 process of the Department, to a United States dis2 trict court. 

3 (5) REGULATIONS REGARDING APPEALS.—Not 

4 later than 6 months after the date of enactment of 

5 this Act, the Secretary of State shall promulgate for6 mal regulations regarding the process for appealing 

7 the denial of a petition. 

8 SEC. 306. ADJUDICATION OF CHILD STATUS. 

9 (a) IN GENERAL.—Prior to the issuance of a full and 

10 final adoption decree or a visa under section 

11 101(a)(15)(W) of the Immigration and Nationality Act, 

12 as added by section 303(a) of this Act— 

13 (1) the Ambassador at Large shall obtain from 

14 the competent authority of the country of the child’s 

15 residence a certification, together with documentary 

16 support, that the child sought to be adopted meets 

17 the definition of an adoptable child; and 

18 (2) not later than 15 days after the date of the 

19 receipt of the certification referred to in paragraph 

20 (1), the Secretary of State shall make a final deter21 mination on whether the certification and the docu22 mentary support are sufficient to meet the require23 ments of this section or whether additional investiga24 tion or information is required. 

25 (b) PROCESS FOR DETERMINATION.— 


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1 (1) IN GENERAL.—The Ambassador at Large 

2 shall work with the competent authorities of the 

3 child’s country of residence to establish a uniform, 

4 transparent, and efficient process for the exchange 

5 and approval of the certification and documentary 

6 support required under subsection (a). 

7 (2) NOTICE OF INTENT.—If the Secretary of 

8 State determines that a certification submitted by 

9 the competent authority of the child’s country of ori10 gin is not readily approvable, the Ambassador at 

11 Large shall— 

12 (A) notify the competent authority and the 

13 prospective adoptive parents, in writing, of the 

14 specific reasons why the certification is not suf15 ficient; and 

16 (B) provide the competent authority and 

17 the prospective adoptive parents the oppor18 tunity to address the stated insufficiencies. 

19 (3) PETITIONERS RIGHT TO RESPOND.—Upon 

20 receiving a notice of intent to find that a certifi21 cation is not readily approvable, the prospective 

22 adoptive parents shall have 30 days to respond to 

23 such notice. 

24 (4) DECISION.—Not later than 30 days after 

25 the date of receipt of a response submitted under 


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1 paragraph (3), the Secretary of State shall reach a 

2 final decision regarding the child’s eligibility as an 

3 adoptable child. Notice of such decision must be in 

4 writing. 

5 (5) RIGHT TO AN APPEAL.—Unfavorable deci6 sions on a certification may be appealed through the 

7 appropriate process of the Department of State and, 

8 after the exhaustion of such process, to a United 

9 States district court. 

10 SEC. 307. FUNDS. 

11 The Secretary of State shall provide the Ambassador 

12 at Large with such funds as may be necessary for— 

13 (1) the hiring of staff for the Office; 

14 (2) investigations conducted by such staff; and 

15 (3) travel and other expenses necessary to carry 

16 out this Act. 

17 TITLE IV—ENFORCEMENT 

18 SEC. 401. CIVIL PENALTIES AND ENFORCEMENT. 

19 (a) CIVIL PENALTIES.—A person shall be subject, in 

20 addition to any other penalty that may be prescribed by 

21 law, to a civil money penalty of not more than $50,000 

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

23 succeeding violation if such person— 

24 (1) violates a provision of this Act or an amend25 ment made by this Act; 


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1 (2) makes a false or fraudulent statement, or 

2 misrepresentation, with respect to a material fact, or 

3 offers, gives, solicits, or accepts inducement by way 

4 of compensation, intended to influence or affect in 

5 the United States or a foreign country— 

6 (A) a decision for an approval under title 

7 II; 

8 (B) the relinquishment of parental rights 

9 or the giving of parental consent relating to the 

10 adoption of a child; or 

11 (C) a decision or action of any entity per12 forming a central authority function; or 

13 (3) engages another person as an agent, wheth14 er in the United States or in a foreign country, who 

15 in the course of that agency takes any of the actions 

16 described in paragraph (1) or (2). 

17 (b) CIVIL ENFORCEMENT.— 

18 (1) AUTHORITY OF ATTORNEY GENERAL.—The 

19 Attorney General may bring a civil action to enforce 

20 subsection (a) against any person in any United 

21 States district court. 

22 (2) FACTORS TO BE CONSIDERED IN IMPOSING

23 PENALTIES.—In imposing penalties the court shall 

24 consider the gravity of the violation, the degree of 


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1 culpability of the defendant, and any history of prior 

2 violations by the defendant. 

3 SEC. 402. CRIMINAL PENALTIES. 

4 Whoever knowingly and willfully commits a violation 

5 described in paragraph (1) or (2) of section 401(a) shall 

6 be subject to a fine of not more than $250,000, imprison7 ment for not more than 5 years, or both. 

Æ 


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