I 

108TH CONGRESS 

2D SESSION H. R. 3896

To establish an Office of Intercountry Adoptions within the Department 

of State, and to reform United States laws governing intercountry adoptions. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2004

Mr. DEMINT (for himself, Mr. AKIN, Mr. BLUNT, Mr. OBERSTAR, Mr. PAUL, 

Mr. PENCE, Mr. POMEROY, Mr. SHIMKUS, Mr. STEARNS, Mr. WEXLER, 

and Mr. VAN HOLLEN) introduced the following bill; which was referred 

to the Committee on International Relations, 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 establish an Office of Intercountry Adoptions within the 

Department of State, and to reform United States laws 

governing intercountry adoptions.

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 2004’’ or the ‘‘ICARE Act’’. 

6 SEC. 2. FINDINGS; PURPOSES. 

7 (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 2001, they adopted 

12 19,237 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 United States citizens and 

18 homeless children, reforms are needed in the inter19 country adoption process used by United States citi20 zens. 

21 (7) In addition, Congress recognizes that for22 eign born adopted children do not make the decision 

23 whether to immigrate to the United States. They are 

24 being chosen by Americans to become part of their 

25 immediate families. 
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1 (8) As such these children should not be classi2 fied as immigrants in the traditional sense. Once 

3 fully and finally adopted, they should be treated as 

4 children of United States citizens. 

5 (9) Since a child who is fully and finally adopt6 ed is entitled to the same rights, duties, and respon7 sibilities as a biological child, the law should reflect 

8 such equality. 

9 (10) Therefore, foreign born adopted children 

10 of United States citizens should be accorded the 

11 same procedural treatment as biological children 

12 born abroad to a United States citizen. 

13 (11) If a United States citizen can confer citi14 zenship to a biological child born abroad, then the 

15 same citizen is entitled to confer such citizenship to 

16 their legally and fully adopted foreign born children 

17 immediately upon final adoption. 

18 (12) If a United States citizen cannot confer 

19 citizenship to a biological child born abroad, then 

20 such citizen cannot confer citizenship to their legally 

21 and fully adopted foreign born child, except through 

22 the naturalization process. 

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

24 (1) to ensure that foreign born children adopted 

25 by United States citizens will be treated identically 
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1 to a biological child born abroad to the same citizen 

2 parent; 

3 (2) to improve the intercountry adoption proc4 ess to make it more citizen friendly and child ori5 ented; and 

6 (3) to foster best practices. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

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

10 child’’ has the same meaning given such term in sec11 tion 101(c)(3) of the Immigration and Nationality 

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

13 204(a) of this Act. 

14 (2) AMBASSADOR AT LARGE.—The term ‘‘Am15 bassador at Large’’ means the Ambassador at Large 

16 for Intercountry Adoptions appointed to head the 

17 Office pursuant to section 101(b). 

18 (3) FULL AND FINAL ADOPTION.—The term 

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

20 (A) that is completed according to the laws 

21 of the child’s country of origin or the State law 

22 of the parent’s residence; 

23 (B) under which a person is granted full 

24 and legal custody of the adopted child; 
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1 (C) that has the force and effect of sev2 ering the child’s legal ties to the child’s biologi3 cal parents; 

4 (D) under which the adoptive parents meet 

5 the requirements of section 205; and 

6 (E) under which the child has been adju7 dicated to be an adoptable child in accordance 

8 with section 206. 

9 (4) OFFICE.—The term ‘‘Office’’ means the Of10 fice of Intercountry Adoptions established under sec11 tion 101(a). 

12 (5) READILY APPROVABLE.—A petition or cer13 tification is considered ‘‘readily approvable’’ if the 

14 documentary support provided demonstrates that the 

15 petitioner satisfies the eligibility requirements and 

16 no additional information or investigation is nec17 essary. 

18 TITLE I—ADMINISTRATION OF 

19 INTERCOUNTRY ADOPTIONS 

20 Subtitle A—In General 

21 SEC. 101. OFFICE OF INTERCOUNTRY ADOPTIONS. 

22 (a) ESTABLISHMENT.—There is established within 

23 the Department of State, an Office of Intercountry Adop24 tions which shall be headed by the Ambassador at Large 
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1 for Intercountry Adoptions who shall be appointed pursu2 ant to subsection (b). 

3 (b) AMBASSADOR AT LARGE.—

4 (1) APPOINTMENT.—The Ambassador at Large 

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

6 advice and consent of the Senate, from among indi7 viduals who have background, experience, and train8 ing in intercountry adoptions. 

9 (2) AUTHORITY.—The Ambassador at Large 

10 shall report directly to the Secretary of State, in 

11 consultation with the Assistant Secretary for Con12 sular Affairs. 

13 (3) DUTIES OF THE AMBASSADOR AT LARGE.—

14 In carrying out the functions of the Office, the Am15 bassador at Large shall have the following respon16 sibilities: 

17 (A) IN GENERAL.—The primary respon18 sibilities of the Ambassador at Large shall be—

19 (i) to ensure that intercountry adop20 tions take place in the best interests of the 

21 child; and 

22 (ii) to assist the Secretary of State in 

23 fulfilling the responsibilities designated to 

24 the central authority under title I of the 
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1 Intercountry Adoption Act of 2000 (42 

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

3 (B) ADVISORY ROLE.—The Ambassador at 

4 Large shall be a principal advisor to the Presi5 dent and the Secretary of State regarding mat6 ters affecting intercountry adoption and the 

7 general welfare of children abroad and shall 

8 make recommendations regarding—

9 (i) the policies of the United States 

10 with respect to the establishment of a sys11 tem of cooperation among the parties to 

12 The Hague Convention; 

13 (ii) the policies to prevent abandon14 ment, strengthen families, and to advance 

15 the placement of children in permanent 

16 families; and 

17 (iii) policies that promote the well18 being of children. 

19 (C) DIPLOMATIC REPRESENTATION.—Sub20 ject to the direction of the President and the 

21 Secretary of State, the Ambassador at Large 

22 may represent the United States in matters and 

23 cases relevant to international adoption in—

24 (i) fulfillment of the responsibilities 

25 designated to the central authority under 
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1 title I of the Intercountry Adoption Act of 

2 2000 (42 U.S.C. 14911 et seq.); 

3 (ii) contacts with foreign governments, 

4 intergovernmental organizations, and spe5 cialized agencies of the United Nations and 

6 other international organizations of which 

7 the United States is a member; and 

8 (iii) multilateral conferences and 

9 meetings relevant to international adop10 tion. 

11 (D) INTERNATIONAL POLICY DEVELOP12 MENT.—To advise and support the Secretary of 

13 State and other relevant Bureaus in the devel14 opment of sound policy regarding child protec15 tion and intercountry adoption. 

16 (E) REPORTING RESPONSIBILITIES.—The 

17 Ambassador at Large shall have the following 

18 reporting responsibilities: 

19 (i) IN GENERAL.—The Ambassador at 

20 Large shall assist the Secretary of State 

21 and other relevant Bureaus in preparing 

22 those portions of the Human Rights Re23 ports that relate to the abduction, sale, 

24 and trafficking of children. 
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1 (ii) ANNUAL REPORT ON INTER2 COUNTRY ADOPTION.—On September 1 of 

3 each year, the Secretary of State, with the 

4 assistance of the Ambassador at Large, 

5 shall prepare and transmit to Congress an 

6 annual report on intercountry adoption. 

7 Each annual report shall include—

8 (I) a description of the status of 

9 child protection and adoption in each 

10 foreign country, including—

11 (aa) trends toward improve12 ment in the welfare and protec13 tion of children and families; 

14 (bb) trends in family reunifi15 cation, domestic adoption, and 

16 intercountry adoption; 

17 (cc) movement toward ratifi18 cation and implementation of 

19 The Hague Convention; and 

20 (dd) census information on 

21 the number of children in or22 phanages, foster homes, and 

23 other types of nonpermanent res24 idential care; 
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1 (II) the number of intercountry 

2 adoptions by United States citizens, 

3 regardless of whether the adoption oc4 curred under The Hague Convention, 

5 including the country from which each 

6 child emigrated, the State in which 

7 each child resides, and the country in 

8 which the adoption was finalized; 

9 (III) the number of intercountry 

10 adoptions involving emigration from 

11 the United States, regardless of 

12 whether the adoption occurred under 

13 The Hague Convention, including the 

14 country where each child now resides 

15 and the State from which each child 

16 emigrated; 

17 (IV) the number of Hague Con18 vention placements for adoption in the 

19 United States that were disrupted, in20 cluding the country from which the 

21 child emigrated, the age of the child, 

22 the date of the placement for adop23 tion, the reasons for the disruption, 

24 the resolution of the disruption, the 

25 agencies that handled the placement 
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1 for adoption, and the plans for the 

2 child, and in addition, any informa3 tion regarding disruption or dissolu4 tion of adoptions of children from 

5 other countries received pursuant to 

6 section 422(b)(4) of the Social Secu7 rity Act; 

8 (V) the average time required for 

9 completion of an adoption, set forth 

10 by the country from which the child 

11 emigrated; 

12 (VI) the current list of agencies 

13 accredited and persons approved 

14 under the Intercountry Adoption Act 

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

16 provide adoption services; 

17 (VII) the names of the agencies 

18 and persons temporarily or perma19 nently debarred under the Inter20 country Adoption Act of 2000 (42 

21 U.S.C. 14901 et seq.), and the rea22 sons for the debarment; 

23 (VIII) the range of adoption fees 

24 charged in connection with Hague 

25 Convention adoptions involving adop-
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1 tions by United States citizens and 

2 the median of such fees set forth by 

3 the country of origin; 

4 (IX) the range of fees charged 

5 for accreditation of agencies and the 

6 approval of persons in the United 

7 States engaged in providing adoption 

8 services under The Hague Convention; 

9 and 

10 (X) recommendations of ways the 

11 United States might act to improve 

12 the welfare and protection of children 

13 and families in each foreign country. 

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

15 the following 6 functions: 

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

17 approve or disapprove the eligibility of United States 

18 citizens to adopt foreign born children. 

19 (2) CHILD ADJUDICATION.—To adjudicate the 

20 status of a child born abroad as an adoptable child. 

21 (3) FAMILY SERVICES.—To provide assistance 

22 to United States citizens engaged in the intercountry 

23 adoption process in resolving problems with respect 

24 to that process and to track intercountry adoption 
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1 cases so as to ensure that all such adoptions are 

2 processed in a timely manner. 

3 (4) INTERNATIONAL POLICY DEVELOPMENT.—

4 To advise and support the Ambassador at Large and 

5 other relevant Bureaus in the development of sound 

6 policy regarding child protection and intercountry 

7 adoption. 

8 (5) CENTRAL AUTHORITY.—To assist the Sec9 retary of State in carrying out duties of the central 

10 authority as defined in section 3 of the Intercountry 

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

12 (6) ADMINISTRATION.—To perform administra13 tive functions related to the functions performed 

14 under paragraphs (1) through (5), including legal 

15 functions and congressional liaison and public affairs 

16 functions. 

17 (d) ORGANIZATION.—

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

19 shall be performed by officers housed in a central20 ized office located in Washington, DC. Within the 

21 Washington, DC, office, there shall be 6 divisions 

22 corresponding to the 6 functions of the Office. All 6 

23 divisions and their respective directors shall report 

24 directly to the Ambassador at Large. 
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1 (2) APPROVAL TO ADOPT.—The division re2 sponsible for approving parents to adopt shall be di3 vided into regions of the United States as follows: 

4 (A) Northwest. 

5 (B) Northeast. 

6 (C) Southwest. 

7 (D) Southeast. 

8 (E) Midwest. 

9 (F) West. 

10 (3) CHILD ADJUDICATION.—To the extent prac11 ticable, the division responsible for the adjudication 

12 of foreign born children as adoptable shall be divided 

13 by world regions which correspond to those currently 

14 used by other divisions within the Department of 

15 State. 

16 (4) USE OF INTERNATIONAL FIELD OFFI17 CERS.—Nothing in this section shall be construed to 

18 prohibit the use of international field officers posted 

19 abroad, as necessary, to fulfill the requirements of 

20 this Act. 

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

22 meeting the employment requirements of the Department 

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

24 the Office shall undergo extensive and specialized training 

25 in the laws and processes of intercountry adoption as well 
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1 as understanding the cultural, medical, emotional, and so2 cial issues surrounding intercountry adoption and adoptive 

3 families. The Ambassador at Large shall, whenever pos4 sible, recruit and hire individuals with background and ex5 perience in intercountry adoptions. 

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

7 To the extent possible, the Office shall make use of cen8 tralized, electronic databases and electronic form filing. 

9 SEC. 102. RECOGNITION OF CONVENTION ADOPTIONS IN 

10 THE UNITED STATES. 

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

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

13 ‘‘301, 302,’’ after ‘‘205,’’. 

14 SEC. 103. TECHNICAL AND CONFORMING AMENDMENT. 

15 Section 104 of the Intercountry Adoption Act of 2000 

16 (42 U.S.C. 14914) is repealed. 

17 Subtitle B—Transition Provisions 

18 SEC. 111. TRANSFER OF FUNCTIONS. 

19 (a) IN GENERAL.—All functions under the immigra20 tion laws of the United States with respect to the adoption 

21 of foreign born children by United States citizens and 

22 their admission to the United States that have been vested 

23 by statute in, or exercised by, the Commissioner of Immi24 gration and Naturalization, the Immigration and Natu25 ralization Service (or any officer, employee, or component 
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1 thereof), of the Department of Homeland Security (or any 

2 officer, employee, or component thereof) immediately prior 

3 to the effective date of this title, are transferred to the 

4 Office on such effective date for exercise by the Ambas5 sador at Large in accordance with applicable laws and title 

6 II of this Act. 

7 (b) EXERCISE OF AUTHORITIES.—Except as other8 wise provided by law, the Ambassador at Large may, for 

9 purposes of performing any function transferred to the 

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

11 authorities under any other provision of law that were 

12 available with respect to the performance of that function 

13 to the official responsible for the performance of the func14 tion immediately before the effective date of the transfer 

15 of the function pursuant to this title. 

16 SEC. 112. TRANSFER OF RESOURCES. 

17 Subject to section 1531 of title 31, United States 

18 Code, upon the effective date of this title, there are trans19 ferred to the Ambassador at Large for appropriate alloca20 tion in accordance with section 115, the assets, liabilities, 

21 contracts, property, records, and unexpended balance of 

22 appropriations, authorizations, allocations, and other 

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

24 to be made available to the Immigration and Naturaliza25 tion Service or the Department of Homeland Security in 
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1 connection with the functions transferred pursuant to this 

2 title. 

3 SEC. 113. INCIDENTAL TRANSFERS. 

4 The Ambassador at Large may make such additional 

5 incidental dispositions of personnel, assets, liabilities, 

6 grants, contracts, property, records, and unexpended bal7 ances of appropriations, authorizations, allocations, and 

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

9 be made available in connection with such functions, as 

10 may be necessary to carry out this title. The Ambassador 

11 at Large shall provide for such further measures and dis12 positions as may be necessary to effectuate the purposes 

13 of this title. 

14 SEC. 114. SAVINGS PROVISIONS. 

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

16 rules, regulations, permits, grants, loans, contracts, agree17 ments, including collective bargaining agreements, certifi18 cates, licenses, and privileges—

19 (1) that have been issued, made, granted, or al20 lowed to become effective by the President, the Am21 bassador at Large, the former Commissioner of the 

22 Immigration and Naturalization Service, their dele23 gates, or any other Government official, or by a 

24 court of competent jurisdiction, in the performance 
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1 of any function that is transferred pursuant to this 

2 title; and 

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

4 such transfer (or become effective after such date 

5 pursuant to their terms as in effect on such effective 

6 date); 

7 shall continue in effect according to their terms until 

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

9 accordance with law by the President, any other author10 ized official, a court of competent jurisdiction, or operation 

11 of law, except that any collective bargaining agreement 

12 shall remain in effect until the date of termination speci13 fied in the agreement. 

14 (b) PROCEEDINGS.—

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

16 section 111 shall not affect any proceeding or any 

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

18 certificate, or financial assistance pending on the ef19 fective date of this title before an office whose func20 tions are transferred pursuant to this title, but such 

21 proceedings and applications shall be continued. 

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

23 proceedings, appeals shall be taken therefrom, and 

24 payments shall be made pursuant to such orders, as 

25 if this Act had not been enacted, and orders issued 
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1 in any such proceeding shall continue in effect until 

2 modified, terminated, superseded, or revoked by a 

3 duly authorized official, by a court of competent ju4 risdiction, or by operation of law. 

5 (3) DISCONTINUANCE OR MODIFICATION.—

6 Nothing in this section shall be considered to pro7 hibit the discontinuance or modification of any such 

8 proceeding under the same terms and conditions and 

9 to the same extent that such proceeding could have 

10 been discontinued or modified if this section had not 

11 been enacted. 

12 (c) SUITS.—This title shall not affect suits com13 menced before the effective date of this title, and in all 

14 such suits, proceeding shall be had, appeals taken, and 

15 judgments rendered in the same manner and with the 

16 same effect as if this title had not been enacted. 

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

18 or other proceeding commenced by or against the Depart19 ment of State, the Immigration and Naturalization Serv20 ice, or the Department of Homeland Security, or by or 

21 against any individual in the official capacity of such indi22 vidual as an officer or employee in connection with a func23 tion transferred pursuant to this section, shall abate by 

24 reason of the enactment of this Act. 
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1 (e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF

2 PARTIES.—If any Government officer in the official capac3 ity of such officer is party to a suit with respect to a func4 tion of the officer, and pursuant to this title such function 

5 is transferred to any other officer or office, then such suit 

6 shall be continued with the other officer or the head of 

7 such other office, as applicable, substituted or added as 

8 a party. 

9 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE10 VIEW.—Except as otherwise provided by this title, any 

11 statutory requirements relating to notice, hearings, action 

12 upon the record, or administrative or judicial review that 

13 apply to any function transferred pursuant to any provi14 sion of this title shall apply to the exercise of such function 

15 by the head of the office, and other officers of the office, 

16 to which such function is transferred pursuant to such 

17 provision. 

18 Subtitle C—Effective Date 

19 SEC. 121. EFFECTIVE DATE. 

20 This title shall take effect 180 days after the date 

21 of enactment of this Act. 
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1 TITLE II—REFORM OF UNITED 

2 STATES LAWS GOVERNING 

3 INTERCOUNTRY ADOPTIONS 

4 SEC. 201. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 

5 ADOPTED CHILDREN BORN OUTSIDE THE 

6 UNITED STATES. 

7 (a) AMENDMENTS OF AUTOMATIC CITIZENSHIP PRO8 VISIONS.—Section 320 of the Immigration and Nationality 

9 Act (8 U.S.C. 1431) is amended—

10 (1) by amending the section heading to read as 

11 follows: ‘‘Children Born Outside the United States; 

12 Conditions Under Which Citizenship Automatically 

13 Acquired’’; and 

14 (2) in subsection (a), by striking paragraphs 

15 (1) through (3) and inserting the following: 

16 ‘‘(1) Upon the date the adoption becomes full 

17 and final, at least 1 parent of the child is a citizen 

18 of the United States, whether by birth or naturaliza19 tion, who has been physically present in the United 

20 States or its outlying possessions for a period or pe21 riods totaling not less than 5 years, at least 2 of 

22 which were after attaining the age of 14 years. Any 

23 periods of honorable service in the Armed Forces of 

24 the United States, or periods of employment with 

25 the United States Government or with an inter-
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1 national organization as that term is defined in sec2 tion 1 of the International Organizations Immunities 

3 Act (22 U.S.C. 288) by such citizen parent, or any 

4 periods during which such citizen parent is phys5 ically present abroad as the dependent unmarried 

6 son or daughter and a member of the household of 

7 a person—

8 ‘‘(A) honorably serving with the Armed 

9 Forces of the United States; or 

10 ‘‘(B) employed by the United States Gov11 ernment or an international organization as de12 fined in section 1 of the International Organiza13 tions Immunities Act (22 U.S.C. 288); 

14 may be included in order to satisfy the physical pres15 ence requirement of this paragraph. 

16 ‘‘(2) The child is an adoptable child described 

17 in section 101(c)(3). 

18 ‘‘(3) The child is the beneficiary of a full and 

19 final adoption decree entered by a foreign govern20 ment or a court in the United States. 

21 ‘‘(4) For purposes of this subsection, the term 

22 ‘full and final adoption’ means an adoption—

23 ‘‘(A) that is completed under the laws of 

24 the child’s country of origin or the State law of 

25 the parent’s residence; 
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1 ‘‘(B) under which a person is granted full 

2 and legal custody of the adopted child; 

3 ‘‘(C) that has the force and effect of sev4 ering the child’s legal ties to the child’s biologi5 cal parents; 

6 ‘‘(D) under which the adoptive parents 

7 meet the requirements of section 205 of the 

8 Intercountry Adoption Reform Act; and 

9 ‘‘(E) under which the child has been adju10 dicated to be an adoptable child in accordance 

11 with section 206 of the Intercountry Adoption 

12 Reform Act.’’. 

13 (b) EFFECTIVE DATE.—This section shall take effect 

14 as if enacted on January 1, 1950. 

15 SEC. 202. REVISED PROCEDURES. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the following requirements shall apply with 

18 respect to the adoption of foreign born children by United 

19 States citizens: 

20 (1) Upon completion of a full and final adop21 tion, the Secretary of State shall issue a United 

22 States passport and a Consular Report of Birth for 

23 a child who satisfies the requirements of section 320 

24 of the Immigration and Nationality Act (8 U.S.C. 
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1 1431), as amended by section 201 of this Act, upon 

2 application by a United States citizen parent. 

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

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

5 admission to the United States but shall be admitted 

6 to the United States upon presentation of a valid, 

7 unexpired United States passport. 

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

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

10 1183a) shall be required in the case of any adopt11 able child. 

12 (4) The Secretary of State shall not require an 

13 adopted child described in paragraph (1) to undergo 

14 a medical exam. 

15 (b) REGULATIONS.—Not later than 90 days after the 

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

17 prescribe such regulations as may be necessary to carry 

18 out this section. 

19 SEC. 203. NONIMMIGRANT VISAS FOR CHILDREN TRAV20 ELING TO THE UNITED STATES TO BE ADOPT21 ED BY A UNITED STATES CITIZEN. 

22 (a) IN GENERAL.—Section 101(a)(15) of the Immi23 gration and Nationality Act (8 U.S.C. 1101(a)(15)) is 

24 amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (U); 

3 (2) by striking the period at the end of sub4 paragraph (V) and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

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

7 United States for adoption by a United States cit8 izen and a spouse jointly or by an unmarried United 

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

10 approved to adopt by the Ambassador at Large, act11 ing through the Office of Intercountry Adoptions es12 tablished under section 101(a) of the Intercountry 

13 Adoption Reform Act.’’. 

14 (b) TERMINATION OF PERIOD OF AUTHORIZED AD15 MISSION.—Section 214 of the Immigration and Nation16 ality Act (8 U.S.C. 1184) is amended by adding at the 

17 end the following: 

18 ‘‘(q) In the case of a nonimmigrant described in sec19 tion 101(a)(15)(W), the period of authorized admission 

20 shall terminate on the earlier of—

21 ‘‘(1) the date on which the adoption of the non22 immigrant is completed by the courts of the State 

23 where the parents reside; or 
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1 ‘‘(2) the date that is 2 years after the date of 

2 admission of the nonimmigrant into the United 

3 States.’’. 

4 (c) TEMPORARY TREATMENT AS LEGAL PERMANENT

5 RESIDENT.—Notwithstanding any other law, all benefits 

6 and protections that apply to a legal permanent resident 

7 shall apply to a nonimmigrant described in section 

8 101(a)(15)(W) of the Immigration and Nationality Act, 

9 as added by subsection (a), pending a full and final adop10 tion. 

11 (d) EXCEPTION FROM IMMUNIZATION REQUIREMENT

12 FOR CERTAIN ADOPTED CHILDREN.—Section 

13 212(a)(1)(C) of the Immigration and Nationality Act (8 

14 U.S.C. 1182(a)(1)(C)) is amended—

15 (1) in the heading by striking ‘‘10 years’’ and 

16 inserting ‘‘18 years’’; and 

17 (2) in clause (i), by striking ‘‘10 years’’ and in18 serting ‘‘18 years’’. 

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

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

21 prescribe such regulations as may be necessary to carry 

22 out this section. 
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1 SEC. 204. DEFINITION OF ‘‘ADOPTABLE CHILD’’. 

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

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

4 adding at the end the following: 

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

6 person under the age of 18—

7 ‘‘(A) whose biological parents (or parent, in the 

8 case of a child who has one sole or surviving parent) 

9 or other persons or institutions that retain legal cus10 tody of the child—

11 ‘‘(i) have freely given their written irrev12 ocable consent to the termination of their legal 

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

14 emigration and adoption; 

15 ‘‘(ii) are unable to provide proper care for 

16 the child, as determined by the appropriate gov17 ernmental authority of the child’s residence; or 

18 ‘‘(iii) have voluntarily relinquished the 

19 child to governmental authorities pursuant to 

20 the law of the child’s residence; 

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

22 State is satisfied that the proper care will be fur23 nished the child if admitted to the United States; 

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

25 State is satisfied that the purpose of the adoption is 

26 to form a bona fide parent-child relationship and 
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1 that the parent-child relationship of the child and 

2 the biological parents has been terminated (and in 

3 carrying out both obligations under this subpara4 graph the Secretary of State, in consultation with 

5 the Secretary of Homeland Security, may consider 

6 whether there is a petition pending to confer immi7 grant status on one or both of the biological par8 ents); 

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

10 State, in consultation with the Secretary of Home11 land Security, is satisfied that the person is not a 

12 security risk; and 

13 ‘‘(E) whose adoption and emigration to the 

14 United States has been approved by the competent 

15 authority of the country of the child’s place of birth 

16 or residence.’’. 

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

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

19 is amended by inserting ‘‘and an adoptable child as de20 fined in section 101(c)(3)’’ before ‘‘unless a valid home21 study’’. 

22 SEC. 205. APPROVAL TO ADOPT. 

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

24 under section 101(a)(15)(W) of the Immigration and Na25 tionality Act, as added by section 203(a) of this Act, or 
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1 the issuance of a full and final adoption decree, the United 

2 States citizen adoptive parent shall have approved by the 

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

4 to the same terms and conditions as are applicable to peti5 tions for classification under section 204.3 of title 8 of 

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

7 before the date of enactment of this Act. 

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

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

10 approval. 

11 (c) EXPEDITED REAPPROVAL PROCESS OF FAMILIES

12 PREVIOUSLY APPROVED TO ADOPT.—The Ambassador at 

13 Large shall prescribe such regulations as may be necessary 

14 to provide for an expedited and streamlined process for 

15 families who have been previously approved to adopt and 

16 whose approval has expired, so long as not more than 3 

17 years have lapsed since the original application. 

18 (d) DENIAL OF PETITION.—

19 (1) NOTICE OF INTENT.—If the officer adjudi20 cating the petition to adopt finds that it is not read21 ily approvable, the officer shall notify the petitioner, 

22 in writing, of the officer’s intent to deny the peti23 tion. Such notice shall include the specific reasons 

24 why the petition is not readily approvable. 
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1 (2) PETITIONERS RIGHT TO RESPOND.—Upon 

2 receiving a notice of intent to deny, the petitioner 

3 has 30 days to respond to such notice. 

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

5 the petitioner’s response the Office must reach a 

6 final decision regarding the eligibility of the peti7 tioner to adopt. Notice of a formal decision must be 

8 delivered in writing. 

9 (4) RIGHT TO AN APPEAL.—Unfavorable deci10 sions may be appealed to the appropriate appellate 

11 jurisdiction of the Department of State, and if nec12 essary, Federal court. 

13 (5) REGULATIONS REGARDING APPEALS.—Not 

14 later than 6 months after the date of enactment of 

15 this Act, the Ambassador at Large shall promulgate 

16 formal regulations regarding the process for appeal17 ing the denial of a petition. 

18 SEC. 206. ADJUDICATION OF CHILD STATUS. 

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

20 final adoption decree or a visa under section 

21 101(a)(15)(W) of the Immigration and Nationality Act, 

22 as added by section 203(a) of this Act—

23 (1) the Office shall obtain from the competent 

24 authority of the country of the child’s residence a 

25 certification, together with documentary support, 
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1 that the child sought to be adopted meets the de2 scription of an adoptable child; and 

3 (2) within 30 days of receipt of the certification 

4 referred to in paragraph (1), the Office shall make 

5 a final determination on whether the certification 

6 and the documentary support are sufficient to meet 

7 the requirements of this section. 

8 (b) PROCESS FOR DETERMINATION.—

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

10 shall work with the competent authorities of the 

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

12 transparent, and efficient process for the exchange 

13 and approval of the certification and documentary 

14 support required under subsection (a). 

15 (2) NOTICE OF INTENT.—If the Office finds 

16 that the certification submitted by the competent au17 thority of the child’s country of origin is not readily 

18 approvable, the Office shall—

19 (A) notify the competent authority and the 

20 prospective adoptive parents, in writing, of the 

21 specific reasons why the certification is not suf22 ficient; and 

23 (B) provide the competent authority and 

24 the prospective adoptive parents the oppor25 tunity to address the stated insufficiencies. 
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1 TITLE III—FUNDING 

2 SEC. 301. FUNDS. 

3 The Secretary of State shall provide the Ambassador 

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

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

6 (2) investigations conducted by the Office; and 

7 (3) travel and other expenses necessary to carry 

8 out this Act.

Æ