I 
109TH CONGRESS 
2D SESSION 
H. R. 5726 
To reform Federal procedures relating to intercountry adoption. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mrs. JO ANN DAVIS of Virginia (for herself, Mr. WEXLER, Mr. PAUL, and 
Mr. PITTS) introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To reform Federal procedures relating to intercountry 
adoption. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Intercountry Adoption 
Reform Act of 2006’’ or the ‘‘ICARE Act’’. 
TITLE I—INTERCOUNTRY 
ADOPTION REFORM 
SEC. 101. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
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(1) That a child, for the full and harmonious 
development of his or her personality, should grow 
up in a family environment, in an atmosphere of 
happiness, love, and understanding. 
(2) That intercountry adoption may offer the 
advantage of a permanent family to a child for 
whom a suitable family cannot be found in his or her 
country of origin. 
(3) There has been a significant growth in 
intercountry adoptions. In 1990, Americans adopted 
7,093 children from abroad. In 2004, they adopted 
23,460 children from abroad. 
(4) Americans increasingly seek to create or en-
large their families through intercountry adoptions. 
(5) There are many children worldwide that are 
without permanent homes. 
(6) In the interest of children without a perma-
nent family and the United States citizens who are 
waiting to bring them into their families, reforms 
are needed in the intercountry adoption process used 
by United States citizens. 
(7) Before adoption, each child should have the 
benefit of measures taken to ensure that inter-
country adoption is in his or her best interest and 
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that prevents the abduction, selling, or trafficking of 
children. 
(8) In addition, Congress recognizes that for-
eign-born adopted children do not make the decision 
whether to immigrate to the United States. They are 
being chosen by Americans to become part of their 
immediate families. 
(9) As such these children should not be classi-
fied as immigrants in the traditional sense. Once 
fully and finally adopted, they should be treated as 
children of United States citizens. 
(10) Since a child who is fully and finally 
adopted is entitled to the same rights, duties, and 
responsibilities as a biological child, the law should 
reflect such equality. 
(11) Therefore, foreign-born adopted children of 
United States citizens should be accorded the same 
procedural treatment as biological children born 
abroad to a United States citizen. 
(12) If a United States citizen can confer citi-
zenship to a biological child born abroad, then the 
same citizen is entitled to confer such citizenship to 
their legally and fully adopted foreign-born child im-
mediately upon final adoption. 
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(13) If a United States citizen cannot confer 
citizenship to a biological child born abroad, then 
such citizen cannot confer citizenship to their legally 
and fully adopted foreign-born child, except through 
the naturalization process. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to ensure the any adoption of a foreign-born 
child by parents in the United States is carried out 
in the manner that is in the best interest of the 
child; 
(2) to ensure that foreign-born children adopted 
by United States citizens will be treated identically 
to a biological child born abroad to the same citizen 
parent; and 
(3) to improve the intercountry adoption proc-
ess to make it more citizen friendly and focused on 
the protection of the child. 
SEC. 102. DEFINITIONS. 
In this Act: 
(1) ADOPTABLE CHILD.—The term ‘‘adoptable 
child’’ has the same meaning given such term in sec-
tion 101(c)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1101(c)(3)), as added by section 
304(a) of this Act. 
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(2) AMBASSADOR AT LARGE.—The term ‘‘Am-
bassador at Large’’ means the Ambassador at Large 
for Intercountry Adoptions appointed to head the 
Office pursuant to section 201(b). 
(3) COMPETENT AUTHORITY.—The term ‘‘com-
petent authority’’ means the entity or entities au-
thorized by the law of the child’s country of resi-
dence to engage in permanent placement of children 
who are no longer in the legal or physical custody 
of their biological parents. 
(4) 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. 
(5) FULL
AND
FINAL
ADOPTION.—The term 
‘‘full and final adoption’’ means an adoption— 
(A) that is completed according to the laws 
of the child’s country of residence or the State 
law of the parent’s residence; 
(B) under which a person is granted full 
and legal custody of the adopted child; 
(C) that has the force and effect of sev-
ering the child’s legal ties to the child’s biologi-
cal parents; 
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(D) under which the adoptive parents meet 
the requirements of section 305; and 
(E) under which the child has been adju-
dicated to be an adoptable child in accordance 
with section 306. 
(6) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Intercountry Adoptions established under sec-
tion 201(a). 
(7) READILY APPROVABLE.—A petition or cer-
tification is ‘‘readily approvable’’ if the documentary 
support provided along with such petition or certifi-
cation demonstrates that the petitioner satisfies the 
eligibility requirements and no additional informa-
tion or investigation is necessary. 
TITLE II—ADMINISTRATION OF 
INTERCOUNTRY ADOPTIONS 
SEC. 201. OFFICE OF INTERCOUNTRY ADOPTIONS. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, there shall be estab-
lished within the Department of State, an Office of Inter-
country Adoptions which shall be headed by the Ambas-
sador at Large for Intercountry Adoptions. 
(b) AMBASSADOR AT LARGE.— 
(1) APPOINTMENT.—The Ambassador at Large 
shall be appointed by the President, by and with the 
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advice and consent of the Senate, from among indi-
viduals who have background, experience, and train-
ing in intercountry adoptions. 
(2) CONFLICTS OF INTEREST.—The individual 
appointed to be the Ambassador at Large shall be 
free from any conflict of interest that could impede 
such individual’s ability to serve as the Ambassador. 
(3) AUTHORITY.—The Ambassador at Large 
shall report directly to the Secretary of State, in 
consultation with the Assistant Secretary for Con-
sular Affairs. 
(4) REGULATIONS.—The Ambassador at Large 
may not issue rules or regulations unless such rules 
or regulations have been approved by the Secretary 
of State. 
(5) DUTIES OF THE AMBASSADOR AT LARGE.— 
The Ambassador at Large shall have the following 
responsibilities: 
(A) IN
GENERAL.—The primary respon-
sibilities of the Ambassador at Large shall be— 
(i) to ensure that any adoption of a 
foreign-born child by parents in the United 
States is carried out in the manner that is 
in the best interest of the child; and 
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(ii) to assist the Secretary of State in 
fulfilling the responsibilities designated to 
the central authority under title I of the 
Intercountry Adoption Act of 2000 (42 
U.S.C. 14911 et seq.). 
(B) ADVISORY ROLE.—The Ambassador at 
Large shall be a principal advisor to the Presi-
dent and the Secretary of State regarding mat-
ters affecting intercountry adoption and the 
general welfare of children abroad and shall 
make recommendations regarding— 
(i) the policies of the United States 
with respect to the establishment of a sys-
tem of cooperation among the parties to 
the Convention; 
(ii) the policies to prevent abandon-
ment, to strengthen families, and to ad-
vance the placement of children in perma-
nent families; and 
(iii) policies that promote the protec-
tion and well-being of children. 
(C) DIPLOMATIC REPRESENTATION.—Sub-
ject to the direction of the President and the 
Secretary of State, the Ambassador at Large 
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may represent the United States in matters and 
cases relevant to international adoption in— 
(i) fulfillment of the responsibilities 
designated to the central authority under 
title I of the Intercountry Adoption Act of 
2000 (42 U.S.C. 14911 et seq.); 
(ii) contacts with foreign governments, 
intergovernmental organizations, and spe-
cialized agencies of the United Nations and 
other international organizations of which 
the United States is a member; and 
(iii) 
multilateral 
conferences 
and 
meetings relevant to international adop-
tion. 
(D) INTERNATIONAL
POLICY
DEVELOP-
MENT.—The Ambassador at Large shall advise 
and support the Secretary of State and other 
relevant Bureaus of the Department of State in 
the development of sound policy regarding child 
protection and intercountry adoption. 
(E) REPORTING
RESPONSIBILITIES.—The 
Ambassador at Large shall have the following 
reporting responsibilities: 
(i) IN GENERAL.—The Ambassador at 
Large shall assist the Secretary of State 
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and other relevant Bureaus in preparing 
those portions of the Human Rights Re-
ports that relate to the abduction, sale, 
and trafficking of children. 
(ii) ANNUAL
REPORT
ON
INTER-
COUNTRY ADOPTION.—Not later than Sep-
tember 1 of each year, the Secretary of 
State shall prepare and submit to Congress 
an annual report on intercountry adoption. 
Each annual report shall include— 
(I) a description of the status of 
child protection and adoption in each 
foreign country, including— 
(aa) trends toward improve-
ment in the welfare and protec-
tion of children and families; 
(bb) trends in family reunifi-
cation, domestic adoption, and 
intercountry adoption; 
(cc) movement toward ratifi-
cation and implementation of the 
Convention; and 
(dd) census information on 
the number of children in or-
phanages, 
foster 
homes, 
and 
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other types of nonpermanent res-
idential care as reported by the 
foreign country; 
(II) the number of intercountry 
adoptions by United States citizens, 
including the country from which each 
child emigrated, the State in which 
each child resides, and the country in 
which the adoption was finalized; 
(III) the number of intercountry 
adoptions involving emigration from 
the United States, including the coun-
try where each child now resides and 
the State from which each child emi-
grated; 
(IV) the number of placements 
for adoption in the United States that 
were disrupted, including the country 
from which the child emigrated, the 
age of the child, the date of the place-
ment for adoption, the reasons for the 
disruption, the resolution of the dis-
ruption, the agencies that handled the 
placement for adoption, and the plans 
for the child, and in addition, any in-
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formation regarding disruption or dis-
solution of adoptions of children from 
other countries received pursuant to 
section 422(b)(14) of the Social Secu-
rity Act (42 U.S.C. 622(b)(14)); 
(V) the average time required for 
completion of an adoption, set forth 
by the country from which the child 
emigrated; 
(VI) the current list of agencies 
accredited 
and 
persons 
approved 
under the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14901 et seq.) to 
provide adoption services; 
(VII) the names of the agencies 
and persons temporarily or perma-
nently debarred under the Inter-
country Adoption Act of 2000 (42 
U.S.C. 14901 et seq.), and the rea-
sons for the debarment; 
(VIII) the range of adoption fees 
involving adoptions by United States 
citizens and the median of such fees 
set forth by the country of origin; 
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