SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Intercountry Adoption Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—UNITED STATES CENTRAL AUTHORITY
Sec. 101. Designation of central authority.
Sec. 102. Responsibilities of the Secretary of State.
Sec. 103. Responsibilities of the Attorney General.
Sec. 104. Annual report on intercountry adoptions.
TITLE II—PROVISIONS RELATING TO ACCREDITATION AND
APPROVAL
Sec. 201. Accreditation or approval required in order to provide adoption serv-
ices in cases subject to the Convention.
Sec. 202. Process for accreditation and approval; role of accrediting entities.
Sec. 203. Standards and procedures for providing accreditation or approval.
Sec. 204. Secretarial oversight of accreditation and approval.
Sec. 205. State plan requirement.
TITLE III—RECOGNITION OF CONVENTION ADOPTIONS IN THE
UNITED STATES
Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Immigration and Nationality Act amendments relating to children
adopted from Convention countries.
Sec. 303. Adoptions of children emigrating from the United States.
TITLE IV—ADMINISTRATION AND ENFORCEMENT
Sec. 401. Access to Convention records.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.
TITLE V—GENERAL PROVISIONS
Sec. 501. Recognition of Convention adoptions.
Sec. 502. Special rules for certain cases.
Sec. 503. Relationship to other laws.
Sec. 504. No private right of action.
Sec. 505. Effective dates; transition rule.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress recognizes—
(1) the international character of the Conven-
tion on Protection of Children and Co-operation in
Respect of Intercountry Adoption (done at The
Hague on May 29, 1993); and
(2) the need for uniform interpretation and im-
plementation of the Convention in the United States
and abroad,
and therefore finds that enactment of a Federal law gov-
erning adoptions and prospective adoptions subject to the
Convention involving United States residents is essential.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide for implementation by the United
States of the Convention;
(2) to protect the rights of, and prevent abuses
against, children, birth families, and adoptive par-
ents involved in adoptions (or prospective adoptions)
subject to the Convention, and to ensure that such
adoptions are in the children’s best interests; and
(3) to improve the ability of the Federal Gov-
ernment to assist United States citizens seeking to
adopt children from abroad and residents of other
countries party to the Convention seeking to adopt
children from the United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) ACCREDITED AGENCY.—The term ‘‘accred-
ited agency’’ means an agency accredited under title
II to provide adoption services in the United States
in cases subject to the Convention.
(2) ACCREDITING ENTITY.—The term ‘‘accred-
iting entity’’ means an entity designated under sec-
tion 202(a) to accredit agencies and approve persons
under title II.
(3) ADOPTION SERVICE.—The term ‘‘adoption
service’’ means—
(A) identifying a child for adoption and ar-
ranging an adoption;
(B) securing necessary consent to termi-
nation of parental rights and to adoption;
(C) performing a background study on a
child or a home study on a prospective adoptive
parent, and reporting on such a study;
(D) making determinations of the best in-
terests of a child and the appropriateness of
adoptive placement for the child;
(E) post-placement monitoring of a case
until final adoption; and
(F) where made necessary by disruption
before final adoption, assuming custody and
providing child care or any other social service
pending an alternative placement.
The term ‘‘providing’’, with respect to an adoption
service, includes facilitating the provision of the
service.
(4) AGENCY.—The term ‘‘agency’’ means any
person other than an individual.
(5) APPROVED PERSON.—The term ‘‘approved
person’’ means a person approved under title II to
provide adoption services in the United States in
cases subject to the Convention.
(6) ATTORNEY GENERAL.—Except as used in
section 404, the term ‘‘Attorney General’’ means the
Attorney General, acting through the Commissioner
of Immigration and Naturalization.
(7) CENTRAL AUTHORITY.—The term ‘‘central
authority’’ means the entity designated as such by
any Convention country under Article 6(1) of the
Convention.
(8) CENTRAL
AUTHORITY
FUNCTION.—The
term ‘‘central authority function’’ means any duty
required to be carried out by a central authority
under the Convention.
(9) CONVENTION.—The term ‘‘Convention’’
means the Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption,
done at The Hague on May 29, 1993.
(10) CONVENTION ADOPTION.—The term ‘‘Con-
vention adoption’’ means an adoption of a child resi-
dent in a foreign country party to the Convention by
a United States citizen, or an adoption of a child
resident in the United States by an individual resid-
ing in another Convention country.
(11) CONVENTION RECORD.—The term ‘‘Con-
vention record’’ means any item, collection, or
grouping of information contained in an electronic or
physical document, an electronic collection of data, a
photograph, an audio or video tape, or any other in-
formation storage medium of any type whatever that
contains information about a specific past, current,
or prospective Convention adoption (regardless of
whether the adoption was made final) that has been
preserved in accordance with section 401(a) by the
Secretary of State or the Attorney General.
(12) CONVENTION COUNTRY.—The term ‘‘Con-
vention country’’ means a country party to the Con-
vention.
(13) 
OTHER
CONVENTION
COUNTRY.—The
term ‘‘other Convention country’’ means a Conven-
tion country other than the United States.
(14) PERSON.—The term ‘‘person’’ shall have
the meaning provided in section 1 of title 1, United
States Code, and shall not include any agency of
government or tribal government entity.
(15) PERSON WITH AN OWNERSHIP OR CON-
TROL INTEREST.—The term ‘‘person with an owner-
ship or control interest’’ has the meaning given such
term in section 1124(a)(3) of the Social Security Act
(42 U.S.C. 1320a–3).
(16) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of State.
(17) STATE.—The term ‘‘State’’ means the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands.
TITLE I—UNITED STATES
CENTRAL AUTHORITY
SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.
(a) IN GENERAL.—For purposes of the Convention
and this Act—
(1) the Department of State shall serve as the
central authority of the United States; and
(2) the Secretary shall serve as the head of the
central authority of the United States.
(b) PERFORMANCE OF CENTRAL AUTHORITY FUNC-
TIONS.—
(1) Except as otherwise provided in this Act,
the Secretary shall be responsible for the perform-
ance of all central authority functions for the United
States under the Convention and this Act.
(2) All personnel of the Department of State
performing core central authority functions in a pro-
fessional capacity in the Office of Children’s Issues
shall have a strong background in consular affairs,
personal experience in international adoptions, or
professional experience in international adoptions or
child services.
(c) AUTHORITY TO ISSUE REGULATIONS.—Except as
otherwise provided in this Act, the Secretary may pre-
scribe such regulations as may be necessary to carry out
central authority functions on behalf of the United States.
SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF
STATE.
(a) LIAISON
RESPONSIBILITIES.—The Secretary
shall have responsibility for—
(1) liaison with the central authorities of other
Convention countries; and
(2) the coordination of activities under the Con-
vention by persons subject to the jurisdiction of the
United States.
(b) INFORMATION EXCHANGE.—The Secretary shall
be responsible for—
(1) providing the central authorities of other
Convention countries with information concerning—
(A) accredited agencies and approved per-
sons, agencies and persons whose accreditation
or approval has been suspended or canceled,
and agencies and persons who have been tempo-
rarily or permanently debarred from accredita-
tion or approval;
(B) Federal and State laws relevant to im-
plementing the Convention; and
(C) any other matters necessary and ap-
propriate for implementation of the Convention;
(2) not later than the date of the entry into
force of the Convention for the United States (pur-
suant to Article 46(2)(a) of the Convention) and at
least once during each subsequent calendar year,
providing to the central authority of all other Con-
vention countries a notice requesting the central au-
thority of each such country to specify any require-
ments of such country regarding adoption, including
restrictions on the eligibility of persons to adopt,
with respect to which information on the prospective
adoptive parent or parents in the United States
would be relevant;
(3) making responses to notices under para-
graph (2) available to—
(A) accredited agencies and approved per-
sons; and
(B) other persons or entities performing
home studies under section 201(b)(1);
(4) ensuring the provision of a background re-
port (home study) on the prospective adoptive par-
ent or parents (pursuant to the requirements of sec-
tion 203(b)(1)(A)(ii)), through the central authority
of each child’s country of origin, to the court having
jurisdiction over the adoption (or in the case of a
child emigrating to the United States for the pur-
pose of adoption to the competent authority in the
child’s country of origin with responsibility for ap-
proving the child’s emigration) in adequate time to
be considered prior to the granting of such adoption
or approval;
(5) providing Federal agencies, State courts,
and accredited agencies and approved persons with
an identification of Convention countries and per-
sons authorized to perform functions under the Con-
vention in each such country; and
(6) facilitating the transmittal of other appro-
priate information to, and among, central authori-
ties, Federal and State agencies (including State
courts), and accredited agencies and approved per-
sons.
(c) ACCREDITATION AND APPROVAL RESPONSIBIL-
ITIES.—The Secretary shall carry out the functions pre-
scribed by the Convention with respect to the accreditation
of agencies and the approval of persons to provide adop-
tion services in the United States in cases subject to the
Convention as provided in title II. Such functions may not
be delegated to any other Federal agency.
(d) 
ADDITIONAL
RESPONSIBILITIES.—The
Secretary—
(1) shall monitor individual Convention adop-
tion cases involving United States citizens; and
(2) may facilitate interactions between such
citizens and officials of other Convention countries
on matters relating to the Convention in any case in
which an accredited agency or approved person is
unwilling or unable to provide such facilitation.
(e) ESTABLISHMENT OF REGISTRY.—The Secretary
and the Attorney General shall jointly establish a case reg-
istry of all adoptions involving immigration of children
into the United States and emigration of children from
the United States, regardless of whether the adoption oc-
curs under the Convention. Such registry shall permit
tracking of pending cases and retrieval of information on
both pending and closed cases.
(f) METHODS OF PERFORMING RESPONSIBILITIES.—
The Secretary may—
(1) authorize public or private entities to per-
form appropriate central authority functions for
which the Secretary is responsible, pursuant to regu-
lations or under agreements published in the Federal
Register; and
(2) carry out central authority functions
through grants to, or contracts with, any individual
or public or private entity, except as may be other-
wise specifically provided in this Act.
SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.
In addition to such other responsibilities as are spe-
cifically conferred upon the Attorney General by this Act,
the central authority functions specified in Article 14 of
the Convention (relating to the filing of applications by
prospective adoptive parents to the central authority of
their country of residence) shall be performed by the At-
torney General.
SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOP-
TIONS.
(a) REPORTS REQUIRED.—Beginning 1 year after
the date of the entry into force of the Convention for the
United States and each year thereafter, the Secretary, in
consultation with the Attorney General and other appro-
priate agencies, shall submit a report describing the activi-
ties of the central authority of the United States under
this Act during the preceding year to the Committee on
International Relations, the Committee on Ways and
Means, and the Committee on the Judiciary of the House
of Representatives and the Committee on Foreign Rela-
tions, the Committee on Finance, and the Committee on
the Judiciary of the Senate.
(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall set forth with respect to the year con-
cerned, the following:
(1) The number of intercountry adoptions in-
volving immigration to the United States, regardless
of whether the adoption occurred under the Conven-
tion, including the country from which each child
emigrated, the State to which each child immigrated,
and the country in which the adoption was finalized.
(2) The number of intercountry adoptions in-
volving emigration from the United States, regard-
less of whether the adoption occurred under the
Convention, including the country to which each
child immigrated and the State from which each
child emigrated.
(3) The number of Convention placements for
adoption in the United States that were disrupted,
including the country from which the child emi-
grated, the age of the child, the date of the place-
ment for adoption, the reasons for the disruption,
the resolution of the disruption, the agencies that
handled the placement for adoption, and the plans
for the child, and in addition, any information re-
garding disruption or dissolution of adoptions of
children from other countries received pursuant to
section 422(b)(14) of the Social Security Act, as
amended by section 205 of this Act.
(4) The average time required for completion of
a Convention adoption, set forth by country from
which the child emigrated.
(5) The current list of agencies accredited and
persons approved under this Act to provide adoption
services.
(6) The names of the agencies and persons tem-
porarily or permanently debarred under this Act,
and the reasons for the debarment.
(7) The range of adoption fees charged in con-
nection with Convention adoptions involving immi-
gration to the United States and the median of such
fees set forth by the country of origin.
(8) 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.
TITLE 
II—PROVISIONS 
RELAT-
ING TO ACCREDITATION AND
APPROVAL
SEC. 201. ACCREDITATION OR APPROVAL REQUIRED IN
ORDER TO PROVIDE ADOPTION SERVICES IN
CASES SUBJECT TO THE CONVENTION.
(a) IN GENERAL.—Except as otherwise provided in
this title, no person may offer or provide adoption services
in connection with a Convention adoption in the United
States unless that person—
(1) is accredited or approved in accordance with
this title; or
(2) is providing such services through or under
the supervision and responsibility of an accredited
agency or approved person.
(b) EXCEPTIONS.—Subsection (a) shall not apply to
the following:
(1) BACKGROUND STUDIES AND HOME STUD-
IES.—The performance of a background study on a
child or a home study on a prospective adoptive par-
ent, or any report on any such study by a social
work professional or organization who is not pro-
viding any other adoption service in the case, if the
background or home study is approved by an accred-
ited agency.
(2) CHILD WELFARE SERVICES.—The provision
of a child welfare service by a person who is not pro-
viding any other adoption service in the case.
(3) LEGAL SERVICES.—The provision of legal
services by a person who is not providing any adop-
tion service in the case.
(4) PROSPECTIVE ADOPTIVE PARENTS ACTING
ON
OWN
BEHALF.—The conduct of a prospective
adoptive parent on his or her own behalf in the case,
to the extent not prohibited by the law of the State
in which the prospective adoptive parent resides.
SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL;
ROLE OF ACCREDITING ENTITIES.
(a) DESIGNATION OF ACCREDITING ENTITIES.—
(1) IN
GENERAL.—The Secretary shall enter
into agreements with one or more qualified entities
under which such entities will perform the duties de-
scribed in subsection (b) in accordance with the Con-
vention, this title, and the regulations prescribed
under section 203, and upon entering into each such
agreement shall designate the qualified entity as an
accrediting entity.
(2) QUALIFIED ENTITY.—In paragraph (1), the
term ‘‘qualified entity’’ means—
(A) a nonprofit private entity that has ex-
pertise in developing and administering stand-
ards for entities providing child welfare services
and that meets such other criteria as the Sec-
retary may by regulation establish; or
(B) a public entity (other than a Federal
entity), including an agency or instrumentality
of State government having responsibility for li-
censing adoption agencies, that—
(i) has expertise in developing and ad-
ministering standards for entities providing
child welfare services;
(ii) accredits only agencies located in
the State in which the public entity is lo-
cated;
(iii) on the basis of the most recent
review, has not been found to have con-
ducted a State program that has been
found to have failed substantially to con-
form with the requirements of the child
and family services review system author-
ized under section 1123A of the Social Se-
curity Act; and
(iv) meets such other criteria as the
Secretary may by regulation establish.
(b) DUTIES OF ACCREDITING ENTITIES.—The duties
described in this subsection are the following:
(1) ACCREDITATION AND APPROVAL.—Accredi-
tation of agencies, and approval of persons, to pro-
vide adoption services in the United States in cases
subject to the Convention.
(2) OVERSIGHT.—Ongoing monitoring of the
compliance of accredited agencies and approved per-
sons with applicable requirements, including review
of complaints against such agencies and persons in
accordance with procedures established by the ac-
crediting entity and approved by the Secretary.
(3) ENFORCEMENT.—Taking of adverse actions
(including requiring corrective action, imposing sanc-
tions, and refusing to renew, suspending, or can-
celing accreditation or approval) for noncompliance
with applicable requirements, and notifying the
agency or person against whom adverse actions are
taken of the deficiencies necessitating the adverse
action.
(4) DATA, RECORDS, AND REPORTS.—Collection
of data, maintenance of records, and reporting to
the Secretary, the United States central authority,
State courts, and other entities (including on per-
sons and agencies granted or denied approval or ac-
creditation), to the extent and in the manner that
the Secretary requires.
(c) REMEDIES FOR ADVERSE ACTION BY ACCRED-
ITING ENTITY.—
(1) CORRECTION OF DEFICIENCY.—An agency
or person who is the subject of an adverse action by
an accrediting entity may re-apply for accreditation
or approval (or petition for termination of the ad-
verse action) on demonstrating to the satisfaction of
the accrediting entity that the deficiencies necessi-
tating the adverse action have been corrected.
(2) NO OTHER ADMINISTRATIVE REVIEW.—An
adverse action by an accrediting entity shall not be
subject to administrative review.
(3) JUDICIAL REVIEW.—An agency or person
who is the subject of an adverse action by an accred-
iting entity may petition the United States district
court in the judicial district in which the agency is
located or the person resides to set aside the adverse
action. The court shall review the adverse action in
accordance with section 706 of title 5, United States
Code, and for purposes of such review the accred-
iting entity shall be considered an agency within the
meaning of section 701 of such title.
(d) FEES.—The amount of fees assessed by accred-
iting entities for the costs of accreditation shall be subject
to approval by the Secretary. Such fees may not exceed
the costs of accreditation. In reviewing the level of such
fees, the Secretary shall consider the relative size of, the
geographic location of, and the number of Convention
adoption cases managed by the agencies or persons subject
to accreditation or approval by the accrediting entity.
SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING
ACCREDITATION OR APPROVAL.
(a) IN GENERAL.—
(1) PROMULGATION
OF
REGULATIONS.—The
Secretary, shall, by regulation, prescribe the stand-
ards and procedures to be used by accrediting enti-
ties for the accreditation of agencies and the ap-
proval of persons to provide adoption services in the
United States in cases subject to the Convention.
(2) CONSIDERATION OF VIEWS.—In developing
such regulations, the Secretary shall consider any
standards or procedures developed or proposed by,
and the views of, individuals and entities with inter-
est and expertise in international adoptions and fam-
ily social services, including public and private enti-
ties with experience in licensing and accrediting
adoption agencies.
(3) APPLICABILITY OF NOTICE AND COMMENT
RULES.—Subsections (b), (c), and (d) of section 553
of title 5, United States Code, shall apply in the de-
velopment and issuance of regulations under this
section.
(b) MINIMUM REQUIREMENTS.—
(1) 
ACCREDITATION.—The 
standards 
pre-
scribed under subsection (a) shall include the re-
quirement that accreditation of an agency may not
be provided or continued under this title unless the
agency meets the following requirements:
(A) SPECIFIC REQUIREMENTS.—
(i) The agency provides prospective
adoptive parents of a child in a prospective
Convention adoption a copy of the medical
records of the child (which, to the fullest
extent 
practicable, 
shall 
include 
an
English-language 
translation 
of 
such
records) on a date which is not later than
the earlier of the date that is 2 weeks be-
fore: (I) the adoption; or (II) the date on
which the prospective parents travel to a
foreign country to complete all procedures
in such country relating to the adoption.
(ii) The agency ensures that a thor-
ough background report (home study) on
the prospective adoptive parent or parents
has been completed in accordance with the
Convention and with applicable Federal
and State requirements and transmitted to
the Attorney General with respect to each
Convention adoption. Each such report
shall include a criminal background check
and a full and complete statement of all
facts relevant to the eligibility of the pro-
spective adopting parent or parents to
adopt a child under any requirements spec-
ified by the central authority of the child’s
country of origin under section 102(b)(3),
including in the case of a child emigrating
to the United States for the purpose of
adoption the requirements of the child’s
country of origin applicable to adoptions
taking place in such country. For purposes
of this clause, the term ‘‘background re-
port (home study)’’ shall include any sup-
plemental statement submitted by the
agency to the Attorney General for the
purpose of providing information relevant
to any requirements specified by the child’s
country of origin.
(iii) The agency provides prospective
adoptive parents with a training program
that includes counseling and guidance for
the purpose of promoting a successful
intercountry adoption before such parents
travel to adopt the child or the child is
placed with such parents for adoption.
(iv) The agency employs personnel
providing intercountry adoption services on
a fee for service basis rather than on a
contingent fee basis.
(v) The agency discloses fully its poli-
cies and practices, the disruption rates of
its placements for intercountry adoption,
and all fees charged by such agency for
intercountry adoption.
(B) CAPACITY
TO
PROVIDE
ADOPTION
SERVICES.—The agency has, directly or through
arrangements with other persons, a sufficient
number of appropriately trained and qualified
personnel, sufficient financial resources, appro-
priate organizational structure, and appropriate
procedures to enable the agency to provide, in
accordance with this Act, all adoption services
in cases subject to the Convention.
(C) USE
OF
SOCIAL
SERVICE
PROFES-
SIONALS.—The agency has established proce-
dures designed to ensure that social service
functions requiring the application of clinical
skills and judgment are performed only by pro-
fessionals with appropriate qualifications and
credentials.
(D) RECORDS, REPORTS, AND
INFORMA-
TION MATTERS.—The agency is capable of—
(i) maintaining such records and mak-
ing such reports as may be required by the
Secretary, the United States central au-
thority, and the accrediting entity that ac-
credits the agency;
(ii) cooperating with reviews, inspec-
tions, and audits;
(iii) safeguarding sensitive individual
information; and
(iv) complying with other require-
ments concerning information management
necessary to ensure compliance with the
Convention, this Act, and any other appli-
cable law.
(E) LIABILITY
INSURANCE.—The agency
agrees to have in force adequate liability insur-
ance for professional negligence and any other
insurance that the Secretary considers appro-
priate.
(F) 
COMPLIANCE
WITH
APPLICABLE
RULES.—The agency has established adequate
measures to comply (and to ensure compliance
of their agents and clients) with the Conven-
tion, this Act, and any other applicable law.
(G) 
NONPROFIT
ORGANIZATION
WITH
STATE LICENSE TO PROVIDE ADOPTION SERV-
ICES.—The agency is a private nonprofit orga-
nization licensed to provide adoption services in
at least one State.
(2) 
APPROVAL.—The 
standards 
prescribed
under subsection (a) shall include the requirement
that a person shall not be approved under this title
unless the person is a private for-profit entity that
meets the requirements of subparagraphs (A)
through (F) of paragraph (1) of this subsection.
(3) RENEWAL
OF
ACCREDITATION
OR
AP-
PROVAL.—The standards prescribed under sub-
section (a) shall provide that the accreditation of an
agency or approval of a person under this title shall
be for a period of not less than 3 years and not
more than 5 years, and may be renewed on a show-
ing that the agency or person meets the require-
ments applicable to original accreditation or ap-
proval under this title.
(c) TEMPORARY REGISTRATION
OF COMMUNITY-
BASED AGENCIES.—
(1) 1-YEAR
REGISTRATION
PERIOD
FOR
ME-
DIUM COMMUNITY-BASED AGENCIES.—For a 1-year
period after the entry into force of the Convention
and notwithstanding subsection (b), the Secretary
may provide, in regulations issued pursuant to sub-
section (a), that an agency may register with the
Secretary and be accredited to provide adoption
services in the United States in cases subject to the
Convention during such period if the agency has
provided adoption services in fewer than 100 inter-
country adoptions in the preceding calendar year
and meets the criteria described in paragraph (3).
(2) 2-YEAR REGISTRATION PERIOD FOR SMALL
COMMUNITY-BASED AGENCIES.—For a 2-year period
after the entry into force of the Convention and not-
withstanding subsection (b), the Secretary may pro-
vide, in regulations issued pursuant to subsection
(a), that an agency may register with the Secretary
and be accredited to provide adoption services in the
United States in cases subject to the Convention
during such period if the agency has provided adop-
tion services in fewer than 50 intercountry adoptions
in the preceding calendar year and meets the criteria
described in paragraph (3).
(3) CRITERIA
FOR
REGISTRATION.—Agencies
registered under this subsection shall meet the fol-
lowing criteria:
(A) The agency is licensed in the State in
which it is located and is a nonprofit agency.
(B) The agency has been providing adop-
tion services in connection with intercountry
adoptions for at least 3 years.
(C) The agency has demonstrated that it
will be able to provided the United States Gov-
ernment with all information related to the ele-
ments described in section 104(b) and provides
such information.
(D) The agency has initiated the process of
becoming accredited under the provisions of this
Act and is actively taking steps to become an
accredited agency.
(E) The agency has not been found to be
involved in any improper conduct relating to
intercountry adoptions.
SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION
AND APPROVAL.
(a) OVERSIGHT OF ACCREDITING ENTITIES.—The
Secretary shall—
(1) monitor the performance by each accred-
iting entity of its duties under section 202 and its
compliance with the requirements of the Convention,
this Act, other applicable laws, and implementing
regulations under this Act; and
(2) suspend or cancel the designation of an ac-
crediting entity found to be substantially out of com-
pliance with the Convention, this Act, other applica-
ble laws, or implementing regulations under this Act.
(b) SUSPENSION OR CANCELLATION OF ACCREDITA-
TION OR APPROVAL.—
(1) SECRETARY’S AUTHORITY.—The Secretary
shall suspend or cancel the accreditation or approval
granted by an accrediting entity to an agency or per-
son pursuant to section 202 when the Secretary
finds that—
(A) the agency or person is substantially
out of compliance with applicable requirements;
and
(B) the accrediting entity has failed or re-
fused, after consultation with the Secretary, to
take appropriate enforcement action.
(2) CORRECTION OF DEFICIENCY.—At any time
when the Secretary is satisfied that the deficiencies
on the basis of which an adverse action is taken
under paragraph (1) have been corrected, the Sec-
retary shall—
(A) notify the accrediting entity that the
deficiencies have been corrected; and
(B)(i) in the case of a suspension, termi-
nate the suspension; or
(ii) in the case of a cancellation, notify the
agency or person that the agency or person may
re-apply to the accrediting entity for accredita-
tion or approval.
(c) DEBARMENT.—
(1) SECRETARY’S AUTHORITY.—On the initia-
tive of the Secretary, or on request of an accrediting
entity, the Secretary may temporarily or perma-
nently debar an agency from accreditation or a per-
son from approval under this title, but only if—
(A) there is substantial evidence that the
agency or person is out of compliance with ap-
plicable requirements; and
(B) there has been a pattern of serious,
willful, or grossly negligent failures to comply
or other aggravating circumstances indicating
that continued accreditation or approval would
not be in the best interests of the children and
families concerned.
(2) PERIOD OF DEBARMENT.—The Secretary’s
debarment order shall state whether the debarment
is temporary or permanent. If the debarment is tem-
porary, the Secretary shall specify a date, not earlier
than 3 years after the date of the order, on or after
which the agency or person may apply to the Sec-
retary for withdrawal of the debarment.
(3) EFFECT OF DEBARMENT.—An accrediting
entity may take into account the circumstances of
the debarment of an agency or person that has been
debarred pursuant to this subsection in considering
any subsequent application of the agency or person,
or of any other entity in which the agency or person
has an ownership or control interest, for accredita-
tion or approval under this title.
(d) JUDICIAL REVIEW.—A person (other than a pro-
spective adoptive parent), an agency, or an accrediting en-
tity who is the subject of a final action of suspension, can-
cellation, or debarment by the Secretary under this title
may petition the United States District Court for the Dis-
trict of Columbia or the United States district court in
the judicial district in which the person resides or the
agency or accrediting entity is located to set aside the ac-
tion. The court shall review the action in accordance with
section 706 of title 5, United States Code.
(e) FAILURE TO ENSURE A FULL AND COMPLETE
HOME STUDY.—
(1) Willful, grossly negligent, or repeated fail-
ure to ensure the completion and transmission of a
background report (home study) that fully complies
with the requirements of section 203(b)(1)(A)(ii)
shall constitute substantial noncompliance with ap-
plicable requirements.
(2) Regulations promulgated under section 203
shall provide for—
(A) frequent and careful monitoring of
compliance by agencies and approved persons
with 
the 
requirements 
of 
section
203(b)(1)(A)(ii); and
(B) consultation between the Secretary and
the accrediting entity where an agency or per-
son has engaged in substantial noncompliance
with 
the 
requirements 
of 
section
203(b)(1)(A)(ii), unless the accrediting entity
has taken appropriate corrective action and the
noncompliance has not recurred.
(3) Repeated serious, willful, or grossly neg-
ligent failures to comply with the requirements of
section 203(b)(1)(A)(ii) by an agency or person after
consultation between the Secretary and the accred-
iting entity with respect to previous noncompliance
by such agency or person shall constitute a pattern
of serious, willful, or grossly negligent failures to
comply under subsection (c)(1)(B).
(4) A failure to comply with the requirements
of section 203(b)(1)(A)(ii) shall constitute a serious
failure to comply under subsection (c)(1)(B) unless
it is shown by clear and convincing evidence that
such noncompliance had neither the purpose nor the
effect of determining the outcome of a decision or
proceeding by a court or other competent authority
in the United States or the child’s country of origin.
SEC. 205. STATE PLAN REQUIREMENT.
Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended—
(1) in paragraph (11), by striking ‘‘and’’ at the
end;
(2) in paragraph (12), by striking ‘‘children.’’
and inserting ‘‘children;’’; and
(3) by adding at the end the following new
paragraphs:
‘‘(13) contain a description of the activities that
the State has undertaken for children adopted from
other countries, including the provision of adoption
and post-adoption services; and
‘‘(14) provide that the State shall collect and
report information on children who are adopted from
other countries and who enter into State custody as
a result of the disruption of a placement for adop-
tion or the dissolution of an adoption, including the
number of children, the agencies who handled the
placement or adoption, the plans for the child, and
the reasons for the disruption or dissolution.’’.
TITLE 
III—RECOGNITION 
OF
CONVENTION ADOPTIONS IN
THE UNITED STATES
SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE
UNITED STATES.
(a) LEGAL EFFECT OF CERTIFICATES ISSUED BY
THE SECRETARY OF STATE.—
(1) ISSUANCE OF CERTIFICATES BY THE SEC-
RETARY OF STATE.—The Secretary of State shall,
with respect to each Convention adoption, issue a
certificate to the adoptive citizen parent domiciled in
the United States that the adoption has been grant-
ed or, in the case of a prospective adoptive citizen
parent, that legal custody of the child has been
granted to the citizen parent for purposes of emigra-
tion and adoption, pursuant to the Convention and
this Act, if the Secretary of State—
(A) receives appropriate notification from
the central authority of such child’s country of
origin; and
(B) has verified that the requirements of
the Convention and this Act have been met with
respect to the adoption.
(2) LEGAL EFFECT OF CERTIFICATES.—If ap-
pended to an original adoption decree, the certificate
described in paragraph (1) shall be treated by Fed-
eral and State agencies, courts, and other public and
private persons and entities as conclusive evidence of
the facts certified therein and shall constitute the
certification required by section 204(d)(2) of the Im-
migration and Nationality Act, as amended by this
Act.
(b) LEGAL EFFECT OF CONVENTION ADOPTION FI-
NALIZED IN ANOTHER CONVENTION COUNTRY.—A final
adoption in another Convention country, certified by the
Secretary of State pursuant to subsection (a) of this sec-
tion or section 303(c), shall be recognized as a final valid
adoption for purposes of all Federal, State, and local laws
of the United States.
(c) CONDITION ON FINALIZATION OF CONVENTION
ADOPTION BY STATE COURT.—In the case of a child who
has entered the United States from another Convention
country for the purpose of adoption, an order declaring
the adoption final shall not be entered unless the Secretary
of State has issued the certificate provided for in sub-
section (a) with respect to the adoption.
SEC. 302. IMMIGRATION AND NATIONALITY ACT AMEND-
MENTS RELATING TO CHILDREN ADOPTED
FROM CONVENTION COUNTRIES.
(a) DEFINITION OF CHILD.—Section 101(b)(1) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(b)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (F) the fol-
lowing new subparagraph:
‘‘(G) a child, under the age of sixteen at the
time a petition is filed on the child’s behalf to accord
a classification as an immediate relative under sec-
tion 201(b), who has been adopted in a foreign state
that is a party to the Convention on Protection of
Children and Co-operation in Respect of Inter-
country Adoption done at The Hague on May 29,
1993, or who is emigrating from such a foreign state
to be adopted in the United States, by a United
States citizen and spouse jointly, or by an unmarried
United States citizen at least 25 years of age—
‘‘(i) if—
‘‘(I) the Attorney General is satisfied
that proper care will be furnished the child
if admitted to the United States;
‘‘(II) the child’s natural parents (or
parent, in the case of a child who has one
sole or surviving parent because of the
death or disappearance of, abandonment or
desertion by, the other parent), or other
persons or institutions that retain legal
custody of the child, have freely given their
written irrevocable consent to the termi-
nation of their legal relationship with the
child, and to the child’s emigration and
adoption;
‘‘(III) the child is not the grandchild,
niece, nephew, brother, sister, aunt, uncle,
or first cousin of one or both of the adopt-
ing parents, unless—
‘‘(aa) the child has no living par-
ents because of the death or dis-
appearance of, abandonment or deser-
tion by, separation from, or loss of,
both parents; or
‘‘(bb) the sole or surviving parent
is incapable of providing the proper
care for the child and has in writing
irrevocably released the child for emi-
gration and adoption; and
‘‘(IV) in the case of a child who has
not been adopted—
‘‘(aa) the competent authority of
the foreign state has approved the
child’s emigration to the United
States for the purposeof adoption by
the prospective adoptive parent or
parents; and
‘‘(bb) the prospective adoptive
parent or parents has or have com-
plied with any pre-adoption require-
ments of the child’s proposed resi-
dence; and
‘‘(ii) except that no natural parent or prior
adoptive parent of any such child shall there-
after, by virtue of such parentage, be accorded
any right, privilege, or status under this Act.’’.
(b) APPROVAL OF PETITIONS.—Section 204(d) of the
Immigration and Nationality Act (8 U.S.C. 1154(d)) is
amended—
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;
(2) by striking ‘‘section 101(b)(1)(F)’’ and in-
serting ‘‘subparagraph (F) or (G) of section
101(b)(1)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding the provisions of subsections
(a) and (b), no petition may be approved on behalf of a
child defined in section 101(b)(1)(G) unless the Secretary
of State has certified that the central authority of the
child’s country of origin has notified the United States
central authority under the convention referred to in such
section 101(b)(1)(G) that a United States citizen habit-
ually resident in the United States has effected final adop-
tion of the child, or has been granted custody of the child
for the purpose of emigration and adoption, in accordance
with such convention and the Intercountry Adoption Act
of 2000.’’.
(c) DEFINITION OF PARENT.—Section 101(b)(2) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(b)(2)) is amended by inserting ‘‘and paragraph
(1)(G)(i)’’ after ‘‘second proviso therein)’’.
SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM
THE UNITED STATES.
(a) DUTIES OF ACCREDITED AGENCY OR APPROVED
PERSON.—In the case of a Convention adoption involving
the emigration of a child residing in the United States
to a foreign country, the accredited agency or approved
person providing adoption services, or the prospective
adoptive parent or parents acting on their own behalf (if
permitted by the laws of such other Convention country
in which they reside and the laws of the State in which
the child resides), shall do the following:
(1) Ensure that, in accordance with the
Convention—
(A) a background study on the child is
completed;
(B) the accredited agency or approved
person—
(i) has made reasonable efforts to ac-
tively recruit and make a diligent search
for prospective adoptive parents to adopt
the child in the United States; and
(ii) despite such efforts, has not been
able to place the child for adoption in the
United States in a timely manner; and
(C) a determination is made that place-
ment with the prospective adoptive parent or
parents is in the best interests of the child.
(2) Furnish to the State court with jurisdiction
over the case—
(A) documentation of the matters de-
scribed in paragraph (1);
(B) a background report (home study) on
the prospective adoptive parent or parents (in-
cluding a criminal background check) prepared
in accordance with the laws of the receiving
country; and
(C) a declaration by the central authority
(or other competent authority) of such other
Convention country—
(i) that the child will be permitted to
enter and reside permanently, or on the
same basis as the adopting parent, in the
receiving country; and
(ii) that the central authority (or
other competent authority) of such other
Convention country consents to the adop-
tion, if such consent is necessary under the
laws of such country for the adoption to
become final.
(3) Furnish to the United States central
authority—
(A) official copies of State court orders
certifying the final adoption or grant of custody
for the purpose of adoption;
(B) the information and documents de-
scribed in paragraph (2), to the extent required
by the United States central authority; and
(C) any other information concerning the
case required by the United States central au-
thority to perform the functions specified in
subsection (c) or otherwise to carry out the du-
ties of the United States central authority
under the Convention.
(b) CONDITIONS ON STATE COURT ORDERS.—An
order declaring an adoption to be final or granting custody
for the purpose of adoption in a case described in sub-
section (a) shall not be entered unless the court—
(1) has received and verified to the extent the
court may find necessary—
(A) the material described in subsection
(a)(2); and
(B) satisfactory evidence that the require-
ments of Articles 4 and 15 through 21 of the
Convention have been met; and
(2) has determined that the adoptive placement
is in the best interests of the child.
(c) DUTIES OF THE SECRETARY OF STATE.—In a
case described in subsection (a), the Secretary, on receipt
and verification as necessary of the material and informa-
tion described in subsection (a)(3), shall issue, as applica-
ble, an official certification that the child has been adopted
or a declaration that custody for purposes of adoption has
been granted, in accordance with the Convention and this
Act.
(d) FILING
WITH
REGISTRY
REGARDING
NON-
CONVENTION ADOPTIONS.—Accredited agencies, approved
persons, and other persons, including governmental au-
thorities, providing adoption services in an intercountry
adoption not subject to the Convention that involves the
emigration of a child from the United States shall file in-
formation required by regulations jointly issued by the At-
torney General and the Secretary of State for purposes
of implementing section 102(e).
TITLE IV—ADMINISTRATION
AND ENFORCEMENT
SEC. 401. ACCESS TO CONVENTION RECORDS.
(a) PRESERVATION OF CONVENTION RECORDS.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary, in consultation with the Attorney General,
shall issue regulations that establish procedures and
requirements in accordance with the Convention and
this section for the preservation of Convention
records.
(2) APPLICABILITY OF NOTICE AND COMMENT
RULES.—Subsections (b), (c), and (d) of section 553
of title 5, United States Code, shall apply in the de-
velopment and issuance of regulations under this
section.
(b) ACCESS TO CONVENTION RECORDS.—
(1) PROHIBITION.—Except as provided in para-
graph (2), the Secretary or the Attorney General
may disclose a Convention record, and access to
such a record may be provided in whole or in part,
only if such record is maintained under the authority
of the Immigration and Nationality Act and disclo-
sure of, or access to, such record is permitted or re-
quired by applicable Federal law.
(2) EXCEPTION FOR ADMINISTRATION OF THE
CONVENTION.—A Convention record may be dis-
closed, and access to such a record may be provided,
in whole or in part, among the Secretary, the Attor-
ney General, central authorities, accredited agencies,
and approved persons, only to the extent necessary
to administer the Convention or this Act.
(3) PENALTIES FOR UNLAWFUL DISCLOSURE.—
Unlawful disclosure of all or part of a Convention
record shall be punishable in accordance with appli-
cable Federal law.