(IX) the range of fees charged 
for accreditation of agencies and the 
approval of persons in the United 
States engaged in providing adoption 
services under the Convention; and 
(X) recommendations of ways the 
United States might act to improve 
the welfare and protection of children 
and families in each foreign country. 
(c) FUNCTIONS OF OFFICE.—The Office shall have 
the following 7 functions: 
(1) APPROVAL OF A FAMILY TO ADOPT.—To 
approve or disapprove the eligibility of a United 
States citizen to adopt a child born in a foreign 
country. 
(2) CHILD ADJUDICATION.—To investigate and 
adjudicate the status of a child born in a foreign 
country to determine whether that child is an adopt-
able child. 
(3) FAMILY SERVICES.—To provide assistance 
to United States citizens engaged in the intercountry 
adoption process in resolving problems with respect 
to that process and to track intercountry adoption 
cases so as to ensure that all such adoptions are 
processed in a timely manner. 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
(4) INTERNATIONAL POLICY DEVELOPMENT.— 
To advise and support the Ambassador at Large and 
other relevant Bureaus of the Department of State 
in the development of sound policy regarding child 
protection and intercountry adoption. 
(5) CENTRAL AUTHORITY.—To assist the Sec-
retary of State in carrying out duties of the central 
authority as defined in section 3 of the Intercountry 
Adoption Act of 2000 (42 U.S.C. 14902). 
(6) ENFORCEMENT.—To investigate, either di-
rectly or in cooperation with other appropriate inter-
national, Federal, State, or local entities, impropri-
eties relating to intercountry adoption, including 
issues of child protection, birth family protection, 
and consumer fraud. 
(7) ADMINISTRATION.—To perform administra-
tive functions related to the functions performed 
under paragraphs (1) through (6), including legal 
functions and congressional liaison and public affairs 
functions. 
(d) ORGANIZATION.— 
(1) IN GENERAL.—All functions of the Office 
shall be performed by officers employed in a central 
office located in Washington, D.C. Within that of-
fice, there shall be 7 divisions corresponding to the 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
7 functions of the Office. The director of each such 
division shall report directly to the Ambassador at 
Large. 
(2) APPROVAL
TO
ADOPT.—The division re-
sponsible for approving parents to adopt shall be di-
vided into regions of the United States as follows: 
(A) Northwest. 
(B) Northeast. 
(C) Southwest. 
(D) Southeast. 
(E) Midwest. 
(F) West. 
(3) CHILD ADJUDICATION.—To the extent prac-
ticable, the division responsible for the adjudication 
of foreign-born children as adoptable shall be divided 
by world regions which correspond to the world re-
gions used by other divisions within the Department 
of State. 
(4) USE
OF
INTERNATIONAL
FIELD
OFFI-
CERS.—Nothing in this section shall be construed to 
prohibit the use of international field officers posted 
abroad, as necessary, to fulfill the requirements of 
this Act. 
(5) 
COORDINATION.—The 
Ambassador 
at 
Large shall coordinate with appropriate employees of 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
other agencies and departments of the United 
States, whenever appropriate, in carrying out the 
duties of the Ambassador. 
(e) QUALIFICATIONS AND TRAINING.—In addition to 
meeting the employment requirements of the Department 
of State, officers employed in any of the 7 divisions of 
the Office shall undergo extensive and specialized training 
in the laws and processes of intercountry adoption as well 
as understanding the cultural, medical, emotional, and so-
cial issues surrounding intercountry adoption and adoptive 
families. The Ambassador at Large shall, whenever pos-
sible, recruit and hire individuals with background and ex-
perience in intercountry adoptions, taking care to ensure 
that such individuals do not have any conflicts of interest 
that might inhibit their ability to serve. 
(f) USE OF ELECTRONIC DATABASES AND FILING.— 
To the extent possible, the Office shall make use of cen-
tralized, electronic databases and electronic form filing. 
SEC. 202. RECOGNITION OF CONVENTION ADOPTIONS IN 
THE UNITED STATES. 
Section 505(a)(1) of the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14901 note) is amended by inserting 
‘‘301, 302,’’ after ‘‘205,’’. 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
SEC. 203. TECHNICAL AND CONFORMING AMENDMENT. 
Section 104 of the Intercountry Adoption Act of 2000 
(42 U.S.C. 14914) is repealed. 
SEC. 204. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—Subject to subsection (c), all func-
tions under the immigration laws of the United States 
with respect to the adoption of foreign-born children by 
United States citizens and their admission to the United 
States that have been vested by statute in, or exercised 
by, the Secretary of Homeland Security immediately prior 
to the effective date of this Act, are transferred to the 
Secretary of State on the effective date of this Act and 
shall be carried out by the Ambassador at Large, under 
the supervision of the Secretary of State, in accordance 
with applicable laws and this Act. 
(b) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, the Ambassador at Large may, for 
purposes of performing any function transferred to the 
Ambassador at Large under subsection (a), exercise all 
authorities under any other provision of law that were 
available with respect to the performance of that function 
to the official responsible for the performance of the func-
tion immediately before the effective date of the transfer 
of the function pursuant to this subtitle. 
(c) LIMITATION ON TRANSFER OF PENDING ADOP-
TIONS.—If an individual has filed a petition with the Im-
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
migration and Naturalization Service or the Department 
of Homeland Security with respect to the adoption of a 
foreign-born child prior to the date of enactment of this 
Act, the Secretary of Homeland Security shall have the 
authority to make the final determination on such petition 
and such petition shall not be transferred to the Office. 
SEC. 205. TRANSFER OF RESOURCES. 
Subject to section 1531 of title 31, United States 
Code, upon the effective date of this Act, there are trans-
ferred to the Ambassador at Large for appropriate alloca-
tion in accordance with this Act, the assets, liabilities, con-
tracts, property, records, and unexpended balance of ap-
propriations, authorizations, allocations, and other funds 
employed, held, used, arising from, available to, or to be 
made available to the Department of Homeland Security 
in connection with the functions transferred pursuant to 
this subtitle. 
SEC. 206. INCIDENTAL TRANSFERS. 
The Ambassador at Large may make such additional 
incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and 
other funds held, used, arising from, available to, or to 
be made available in connection with such functions, as 
may be necessary to carry out this subtitle. The Ambas-
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
sador at Large shall provide for such further measures 
and dispositions as may be necessary to effectuate the pur-
poses of this subtitle. 
SEC. 207. SAVINGS PROVISIONS. 
(a) LEGAL DOCUMENTS.—All orders, determinations, 
rules, regulations, permits, grants, loans, contracts, agree-
ments, including collective bargaining agreements, certifi-
cates, licenses, and privileges— 
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Am-
bassador at Large, the former Commissioner of the 
Immigration and Naturalization Service, or the Sec-
retary of Homeland Security, or their delegates, or 
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred pursuant to this subtitle; and 
(2) that are in effect on the effective date of 
such transfer (or become effective after such date 
pursuant to their terms as in effect on such effective 
date); 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation 
of law, except that any collective bargaining agreement 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
shall remain in effect until the date of termination speci-
fied in the agreement. 
(b) PROCEEDINGS.— 
(1) PENDING.—The transfer of functions under 
section 204 shall not affect any proceeding or any 
application for any benefit, service, license, permit, 
certificate, or financial assistance pending on the ef-
fective date of this subtitle before an office whose 
functions are transferred pursuant to this subtitle, 
but such proceedings and applications shall be con-
tinued. 
(2) ORDERS.—Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as 
if this Act had not been enacted, and orders issued 
in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a 
duly authorized official, by a court of competent ju-
risdiction, or by operation of law. 
(3) DISCONTINUANCE
OR
MODIFICATION.— 
Nothing in this section shall be considered to pro-
hibit the discontinuance or modification of any such 
proceeding under the same terms and conditions and 
to the same extent that such proceeding could have 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
been discontinued or modified if this section had not 
been enacted. 
(c) SUITS.—This subtitle shall not affect suits com-
menced before the effective date of this subtitle, and in 
all such suits, proceeding shall be had, appeals taken, and 
judgments rendered in the same manner and with the 
same effect as if this Act had not been enacted. 
(d) NONABATEMENT OF ACTIONS.—No suit, action, 
or other proceeding commenced by or against the Depart-
ment of State, the Immigration and Naturalization Serv-
ice, or the Department of Homeland Security, or by or 
against any individual in the official capacity of such indi-
vidual as an officer or employee in connection with a func-
tion transferred pursuant to this section, shall abate by 
reason of the enactment of this Act. 
(e) CONTINUANCE OF SUIT WITH SUBSTITUTION OF 
PARTIES.—If any Government officer in the official capac-
ity of such officer is party to a suit with respect to a func-
tion of the officer, and pursuant to this subtitle such func-
tion is transferred to any other officer or office, then such 
suit shall be continued with the other officer or the head 
of such other office, as applicable, substituted or added 
as a party. 
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this subtitle, any 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
statutory requirements relating to notice, hearings, action 
upon the record, or administrative or judicial review that 
apply to any function transferred pursuant to any provi-
sion of this subtitle shall apply to the exercise of such 
function by the head of the office, and other officers of 
the office, to which such function is transferred pursuant 
to such provision. 
TITLE III—REFORM OF UNITED 
STATES 
LAWS 
GOVERNING 
INTERCOUNTRY ADOPTIONS 
SEC. 301. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR 
ADOPTED CHILDREN BORN OUTSIDE THE 
UNITED STATES. 
(a) AUTOMATIC CITIZENSHIP PROVISIONS.— 
(1) AMENDMENT OF THE INA.—Section 320 of 
the Immigration and Nationality Act (8 U.S.C. 
1431) is amended to read as follows: 
‘‘SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR 
CHILDREN 
BORN 
OUTSIDE 
THE 
UNITED 
STATES. 
‘‘(a) IN GENERAL.—A child born outside of the 
United States automatically becomes a citizen of the 
United States— 
‘‘(1) if the child is not an adopted child— 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
‘‘(A) at least 1 parent of the child is a cit-
izen of the United States, whether by birth or 
naturalization, who has been physically present 
(as determined under subsection (b)) in the 
United States or its outlying possessions for a 
period or periods totaling not less than 5 years, 
at least 2 of which were after attaining the age 
of 14 years; and 
‘‘(B) the child is under the age of 18 
years; or 
‘‘(2) if the child is an adopted child, on the date 
of the full and final adoption of the child— 
‘‘(A) at least 1 parent of the child is a cit-
izen of the United States, whether by birth or 
naturalization, who has been physically present 
(as determined under subsection (b)) in the 
United States or its outlying possessions for a 
period or periods totaling not less than 5 years, 
at least 2 of which were after attaining the age 
of 14 years; 
‘‘(B) the child is an adoptable child; 
‘‘(C) the child is the beneficiary of a full 
and final adoption decree entered by a foreign 
government or a court in the United States; 
and 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
‘‘(D) the child is under the age of 16 
years. 
‘‘(b) PHYSICAL PRESENCE.—For the purposes of 
subsection (a)(2)(A), the requirement for physical pres-
ence in the United States or its outlying possessions may 
be satisfied by the following: 
‘‘(1) Any periods of honorable service in the 
Armed Forces of the United States. 
‘‘(2) Any periods of employment with the 
United States Government or with an international 
organization as that term is defined in section 1 of 
the International Organizations Immunities Act (22 
U.S.C. 288) by such citizen parent. 
‘‘(3) Any periods during which such citizen par-
ent is physically present outside the United States or 
its outlying possessions as the dependent unmarried 
son or daughter and a member of the household of 
a person— 
‘‘(A) honorably serving with the Armed 
Forces of the United States; or 
‘‘(B) employed by the United States Gov-
ernment or an international organization as de-
fined in section 1 of the International Organiza-
tions Immunities Act (22 U.S.C. 288). 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
‘‘(c) FULL AND FINAL ADOPTION.—In this section, 
the term ‘full and final adoption’ means an adoption— 
‘‘(1) that is completed under the laws of the 
child’s country of residence or the State law of the 
parent’s residence; 
‘‘(2) under which a person is granted full and 
legal custody of the adopted child; 
‘‘(3) that has the force and effect of severing 
the child’s legal ties to the child’s biological parents; 
‘‘(4) under which the adoptive parents meet the 
requirements of section 305 of the Intercountry 
Adoption Reform Act of 2006; and 
‘‘(5) under which the child has been adjudicated 
to be an adoptable child in accordance with section 
306 of the Intercountry Adoption Reform Act of 
2006.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents in the first section of the Immigration and Nation-
ality Act (66 Stat. 163) is amended by striking the item 
relating to section 320 and inserting the following: 
‘‘Sec. 320. Conditions for automatic citizenship for children born outside the 
United States.’’. 
(c) EFFECTIVE DATE.—This section shall take effect 
as if enacted on June 27, 1952. 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
SEC. 302. REVISED PROCEDURES. 
Notwithstanding any other provision of law, the fol-
lowing requirements shall apply with respect to the adop-
tion of foreign born children by United States citizens: 
(1) Upon completion of a full and final adop-
tion, the Secretary shall issue a United States pass-
port and a Consular Report of Birth for a child who 
satisfies the requirements of section 320(a)(2) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1431(a)(2)), as amended by section 301 of this Act, 
upon application by a United States citizen parent. 
(2) An adopted child described in paragraph (1) 
shall not require the issuance of a visa for travel and 
admission to the United States but shall be admitted 
to the United States upon presentation of a valid, 
unexpired United States passport. 
(3) No affidavit of support under section 213A 
of the Immigration and Nationality Act (8 U.S.C. 
1183a) shall be required in the case of any adopt-
able child. 
(4) The Secretary of State, acting through the 
Ambassador at Large, shall require that agencies 
provide prospective adoptive parents an opportunity 
to conduct an independent medical exam and a copy 
of any medical records of the child known to exist 
(to the greatest extent practicable, these documents 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
shall include an English translation) on a date that 
is not later than the earlier of the date that is 2 
weeks before the adoption, or the date on which pro-
spective adoptive parents travel to such a foreign 
country to complete all procedures in such country 
relating to adoption. 
(5) The Secretary of State, acting through the 
Ambassador at Large, shall take necessary measures 
to ensure that all prospective adoptive parents 
adopting internationally are provided with training 
that includes counseling and guidance for the pur-
pose of promoting a successful intercountry adoption 
before such parents travel to adopt the child or the 
child is placed with such parents for adoption. 
(6) The Secretary of State, acting through the 
Ambassador at Large, shall take necessary measures 
to ensure that— 
(A) prospective adoptive parents are given 
full disclosure of all direct and indirect costs of 
intercountry adoption before the parents are 
matched with a child for adoption; 
(B) fees charged in relation to the inter-
country adoption be on a fee-for-service basis 
not on a contingent fee basis; and 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS
(C) that the transmission of fees between 
the adoption agency, the country of origin, and 
the prospective adoptive parents is carried out 
in a transparent and efficient manner. 
(7) The Secretary of State, acting through the 
Ambassador at Large, shall take all measures nec-
essary to ensure that all documents provided to a 
country of origin on behalf of a prospective adoptive 
parent are truthful and accurate. 
SEC. 303. NONIMMIGRANT VISAS FOR CHILDREN TRAV-
ELING TO THE UNITED STATES TO BE ADOPT-
ED BY A UNITED STATES CITIZEN. 
(a) NONIMMIGRANT CLASSIFICATION.— 
(1) IN GENERAL.—Section 101(a)(15) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)) is amended by adding at the end the 
following: 
‘‘(W) an adoptable child who is coming into the 
United States for adoption by a United States cit-
izen and a spouse jointly or by an unmarried United 
States citizen at least 25 years of age, who has been 
approved to adopt by the Office of International 
Adoption of the Department of State.’’. 
VerDate Aug 31 2005 
22:10 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5726.IH
H5726
rwilkins on PROD1PC63 with BILLS