I
106TH CONGRESS
1ST SESSION
H. R. 2909
To provide for implementation by the United States of the Hague Convention
on Protection of Children and Co-operation in Respect of Intercountry
Adoption, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 22, 1999
Mr. GILMAN (for himself, Mr. CAMP, Mr. DELAHUNT, Mr. GEJDENSON, Mr.
BLILEY, Mr. OBERSTAR, Mr. SMITH of New Jersey, Mr. POMEROY, Mr.
MCGOVERN, Mr. BARRETT of Wisconsin, Mr. ENGLISH, Mr. FARR of
California, Mr. HORN, Mr. FORBES, Mr. RAMSTAD, Mrs. MINK of Ha-
waii, Mrs. JOHNSON of Connecticut, Mr. CAPUANO, Mr. FROST, Mr. POR-
TER, Mr. BARCIA, Mr. BURTON of Indiana, Mr. UNDERWOOD, Mr.
COOKSEY, Mr. HASTINGS of Florida, Mr. BARRETT of Nebraska, Mr.
SMITH of Texas, Ms. ROS-LEHTINEN, Mr. GREENWOOD, Mr. ACKERMAN,
Mr. BERMAN, Mr. DAVIS of Florida, Mr. STUPAK, Mr. CARDIN, Ms.
ESHOO, Mr. LANTOS, and Mr. BLUMENAUER) introduced the following
bill; which was referred to the Committee on International Relations, and
in addition to the Committees on the Judiciary, and Education and the
Workforce, 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 provide for implementation by the United States of the
Hague Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Intercountry Adoption Act of 1999’’.
(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. Role of Secretary of Health and Human Services.
Sec. 202. Accreditation or approval required in order to provide adoption serv-
ices in cases subject to the Convention.
Sec. 203. Process for accreditation and approval; role of accrediting entities.
Sec. 204. Standards and procedures for providing accreditation or approval.
Sec. 205. Secretarial oversight of accreditation and approval.
Sec. 206. Limitations on authorization of appropriations.
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.
Sec. 304. Voiding of adoptions for cause.
TITLE IV—ADMINISTRATION AND ENFORCEMENT
Sec. 401. Records; privacy provisions.
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.
Convention, or if no such designation has been
made, the entity having responsibility for the dis-
charge of the obligations of that country under 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
ADOPTION
RECORD.—The
term ‘‘Convention adoption record’’ means any item,
collection, or grouping of information contained in
an electronic or physical document, an electronic col-
lection of data, a photograph, an audio or video
tape, or any other information 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).
(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 include any agency of govern-
ment.
(15) 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 of State shall serve as the
head of the central authority of the United States.
(b) PERFORMANCE OF CENTRAL AUTHORITY FUNC-
TIONS.—Except as otherwise provided in this Act, the Sec-
retary of State shall be responsible for the performance
of all central authority functions for the United States
under the Convention and this Act.
(c) AUTHORITY TO ISSUE REGULATIONS.—Except as
otherwise provided in this Act, the Secretary of State may
prescribe 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 of
State 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 of
State shall be responsible for—
(1) providing the central authorities of other
Convention countries with information concerning—
(A) agencies accredited and persons ap-
proved under title II, accredited agencies and
approved persons whose accreditation or ap-
proval has been suspended or canceled, and ac-
credited agencies and approved persons who
have been temporarily or permanently debarred
from accreditation 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) 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
(3) 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) ADDITIONAL RESPONSIBILITIES.—The Secretary
of State—
(1) shall monitor individual Convention adop-
tion cases involving United States citizens;
(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; and
(3) may provide any other appropriate assist-
ance in other cases, or take other appropriate ac-
tions necessary to implement the Convention.
(d) ESTABLISHMENT OF REGISTRY.—The Secretary
of State and the Attorney General shall jointly establish
a case registry of—
(1) all adoptions involving immigration into the
United States, regardless of whether the adoption
occurs under the Convention; and
(2) all adoptions involving emigration of the
child from the United States to any other Conven-
tion country.
Such registry shall permit tracking of pending cases and
retrieval of information on both pending and closed cases.
(e) METHODS
OF
PERFORMING
RESPONSIBIL-
ITIES.—The Secretary of State 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 for 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 one year after
the date of enactment of this Act, and each year there-
after, the Secretary of State, in consultation with the Sec-
retary of Health and Human Services, the Attorney Gen-
eral, and other appropriate agencies, shall submit a report
to the Congress describing the activities of the central au-
thority of the United States under this Act during the pre-
ceding year.
(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 adoptions that
were disrupted, including the country from which
the child emigrated, the age of the child, the date of
the adoption, the reasons for the disruption, and the
resolution of the disruption.
(4) The current list of agencies accredited and
persons approved under this Act to provide adop-
tion-related services.
(5) The names of the accredited agencies and
approved 
persons 
temporarily 
or 
permanently
debarred from accreditation or approval under this
Act, and the reasons for the debarment.
(6) The range of adoption fees charged in con-
nection with Convention adoptions involving immi-
gration to or emigration from the United States by
all entities, including accredited agencies and ap-
proved persons, set forth by country.
(7) The number of Convention adoptions involv-
ing immigration to the United States that were va-
cated for cause or in which proceedings to vacate for
cause are pending.
TITLE 
II—PROVISIONS 
RELAT-
ING TO ACCREDITATION AND
APPROVAL
SEC. 201. ROLE OF SECRETARY OF HEALTH AND HUMAN
SERVICES.
The Secretary of Health and Human Services (in this
title referred to as the ‘‘Secretary’’), in coordination with
the Secretary of State, 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.
SEC. 202. ACCREDITATION OR APPROVAL REQUIRED IN
ORDER TO PROVIDE ADOPTION SERVICES IN
CASES SUBJECT TO THE CONVENTION.
(a) IN GENERAL.—Except as provided in subsection
(b), a person shall not offer or provide an adoption service
in the United States in a case subject to the Convention
unless the person is accredited or approved under this
title, or is providing the service through or under the su-
pervision and responsibility of a person so accredited or
approved.
(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 any case subject
to the Convention.
(2) CHILD WELFARE SERVICES.—The provision
of a child welfare service by a person who is not pro-
viding any other kind of adoption service in the case.
(3) LEGAL SERVICES.—The provision of legal
services by a person who is not providing any other
adoption 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. 203. PROCESS FOR ACCREDITATION AND APPROVAL;
ROLE OF ACCREDITING ENTITIES.
(a) DESIGNATION OF ACCREDITING ENTITIES.—
(1) IN GENERAL.—The Secretary, with the con-
currence of the Secretary of State, shall enter into
agreements with one or more qualified entities under
which such entities will perform the duties described
in subsection (b) in accordance with the Convention,
this title, and the regulations prescribed under sec-
tion 204, and upon entry 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 nonprofit private
entity that has experience and expertise in devel-
oping and administering standards for entities pro-
viding child welfare services and that meets such
other criteria as the Secretary may by regulation es-
tablish.
(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 agency shall not be
subject to administrative review sought by the agen-
cy or person against whom the adverse action has
been taken.
(3) JUDICIAL REVIEW.—An agency or person
who is the subject of an adverse action by an accred-
iting agency 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 may set aside the adverse action
only upon clear and convincing proof that the deci-
sion to take the adverse action was not based on
substantial evidence of deficiencies or that the ac-
crediting entity abused its discretion in taking the
adverse action.
(d) FEES.—
(1) AUTHORITY TO ASSESS.—An accrediting en-
tity may assess fees against agencies and persons
seeking or maintaining accreditation or approval
under this title, in amounts approved by the Sec-
retary.
(2) FEE
AMOUNTS.—The Secretary may ap-
prove fees to be assessed under paragraph (1) by an
accrediting entity if the Secretary estimates that the
aggregate of the amounts to be collected from the
fees will not exceed the sum of—
(A) the total amount of all direct or indi-
rect costs of the accrediting entity for accredita-
tion or approval and ongoing oversight (which
shall be estimated on the basis of the number
of cases subject to the Convention handled by
the agencies and persons accredited or approved
by the accrediting entity and other relevant fac-
tors); and
(B) an amount determined by the Sec-
retary to be the amount necessary to cover all
direct and indirect costs of Federal oversight of
the accrediting entity under section 205.
(3) COLLECTION; PAYMENT
TO
THE
TREAS-
URY.—The accrediting entity shall collect the fees
assessed under paragraph (1), and from the
amounts collected remit to the Secretary the amount
determined under paragraph (2)(B). The Secretary
shall deposit in the Treasury of the United States
all amounts remitted under the preceding sentence.
SEC. 204. STANDARDS AND PROCEDURES FOR PROVIDING
ACCREDITATION OR APPROVAL.
(a) IN GENERAL.—
(1) PROMULGATION
OF
REGULATIONS.—The
Secretary, with the concurrence of the Secretary of
State, shall, by regulation, prescribe the standards
and procedures to be used by accrediting entities for
the accreditation of agencies and the approval 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 the
views of individuals and entities with interest and
expertise in international adoptions and family social
services, including public and private entities 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) 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.
(B) 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.
(C) 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.
(D) 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, unless the agency is a State, local, or
tribal government entity.
(E) 
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.
(F) 
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, unless the agency is a State,
local, or tribal government entity.
(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 (E) 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.
SEC. 205. SECRETARIAL OVERSIGHT OF ACCREDITATION
AND APPROVAL.
(a) OVERSIGHT OF ACCREDITING ENTITIES.—The
Secretary shall monitor the performance by each accred-
iting entity of its duties under section 203 and its compli-
ance with requirements of the Convention, this Act, other
applicable laws, and applicable regulations prescribed
under this Act, and shall suspend or cancel the designation
of the entity as an accrediting entity if the Secretary finds
the entity to be substantially out of compliance with the
Convention, this Act, other applicable laws, or such regula-
tions.
(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 203 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 corrective 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
decifiencies 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 paragraph 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.—
(1) IN GENERAL.—A person (other than a pro-
spective adoptive parent), an agency, or an accred-
iting entity adversely affected by a final determina-
tion of the Secretary under this title with respect to
the designation of an accrediting entity, or the ac-
creditation of an agency or approval of a person,
may bring an action for review of the determination
in the United States District Court for the District
of Columbia, or in the United States district court
in the judicial district in which the person resides or
the agency or accrediting entity is located.
(2) STANDARD OF REVIEW.—The court may set
aside a determination referred to in paragraph (1)
only if there is clear and convincing evidence that
the determination was an abuse of discretion.
SEC. 206. LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.
For activities of the Secretary under this title, there
are authorized to be appropriated to the Secretary, for the
third fiscal year beginning after the date of the enactment
of this Act and for each succeeding fiscal year, an amount
not to exceed the aggregate of the amounts remitted to
the Treasury under section 203(d)(3).
TITLE 
III—RECOGNITION 
OF
CONVENTION ADOPTIONS IN
THE UNITED STATES
SEC. 301. ADOPTIONS OF CHILDREN IMMIGRATING TO THE
UNITED STATES.
(a) LEGAL EFFECT OF ADOPTIONS FINALIZED IN
THE UNITED STATES.—
(1) ISSUANCE OF CERTIFICATES BY THE SEC-
RETARY OF STATE.—Pursuant to Article 23 of the
Convention, the Secretary of State shall, with re-
spect to each Convention adoption, issue a certificate
to the adoptive citizen parent domiciled in the
United States that the adoption has been granted
or, in the case of a prospective adoptive citizen par-
ent, that legal custody of the child has been granted
to the citizen parent for purposes of emigration and
adoption, pursuant to the Convention and this Act,
if the Secretary—
(A) receives appropriate notification from
the central authority of such child’s country of
origin; and
(B) has verified that the requirements of
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, except as provided in sec-
tion 304, and shall constitute the certification re-
quired by section 204(d)(2) of the Immigration 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, a State court may
not issue an order declaring the adoption final unless the
Secretary of State has issued the certificate provided for
in subsection (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 twenty-five 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 purpose of 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 1999.’’.
(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) a determination is made that the child
cannot expeditiously be placed for adoption in
the United States; 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) the background report (home study)
on the prospective adoptive parent or parents
prepared in accordance with the laws of the re-
ceiving 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.—A
State court shall not enter an order declaring an adoption
to be final or granting custody for the purpose of adoption
in a case described in subsection (a) 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 child’s best interests.
(c) DUTIES OF THE SECRETARY OF STATE.—In a
case described in subsection (a), the Secretary of State,
on receipt and verification as necessary of the material
and information described in subsection (a)(3), shall issue,
as applicable, 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 Con-
vention and this Act.
SEC. 304. VOIDING OF ADOPTIONS FOR CAUSE.
(a) VOIDING OF ADOPTION BY STATE COURT.—A
State court may not vacate a final adoption decree entered
pursuant to the Convention unless—
(1) the decree was granted by a State court;
(2) the court finds clear and convincing evi-
dence that—
(A) the consent of a birth parent or, in the
absence of such consent, the consent of a bio-
logical relative if required by the law of the
State in which the decree was granted, to ter-
mination of parental rights or to the adoption
was not obtained, or was obtained as a result
of fraud, duress, or inducement by compensa-
tion; or
(B) consent of an adoptive parent to the
adoption was obtained by fraud which the adop-
tive parent did not and could not reasonably
have been expected to discover;
(3) voiding the adoption is in the best interests
of the child, taking into consideration the wishes of
the child as appropriate given the age of the child;
and
(4) the adoptive parents are afforded an oppor-
tunity to be heard in the proceeding.
(b) RECOGNITION
OF PROCEEDING
OF ANOTHER
CONVENTION COUNTRY TO VACATE CONVENTION ADOP-
TION.—A decision by the competent authorities of another
Convention country to vacate an adoption decree originally
issued in the country pursuant to the Convention shall be
recognized as valid and given full effect in the United
States upon receipt by the Secretary of State of notifica-
tion from such authorities that the conditions provided in
paragraphs (2) through (4) of subsection (a) were satis-
fied by the proceeding to vacate the decree.
(c) VOIDING OF ADOPTION NOT VOIDING CHILD’S
NATURALIZATION.—The vacating of an adoption decree in
a case subject to the Convention shall not be construed
to void or prohibit the naturalization of the child as a cit-
izen of the United States. Nothing in this provision shall
be construed to limit the Attorney General’s authority
under title III of the Immigration and Nationality Act to
revoke the naturalization of such a child, or to limit the
Attorney General’s discretion to consider a finding of fact
by a State court that is relevant to such a determination.
TITLE IV—ADMINISTRATION
AND ENFORCEMENT
SEC. 401. RECORDS PRIVACY PROVISIONS.
(a) REGULATIONS REGARDING CONVENTION ADOP-
TION RECORDS PRESERVATION.—
(1) IN
GENERAL.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of State, in consultation with the Attorney
General, shall issue regulations that establish proce-
dures and requirements in accordance with the Con-
vention and this section for the preservation of Con-
vention adoption records.
(2) NOTICE AND COMMENT REQUIREMENT.—
Section 553 of title 5, United States Code, shall
apply to regulations issued under this section with-
out regard to subsection (a) of that section.
(b) PROHIBITION ON DISCLOSURE OF AND PROVI-
SION OF ACCESS TO IDENTIFYING INFORMATION.—
(1) PROHIBITION.—Identifying information in
any Convention adoption record shall not be dis-
closed by any person, and access to such information
shall not be provided by any person, except as other-
wise authorized by this subsection or the law of the
State in which the adoptive parents resided at the
time of the adoption.
(2) EXCEPTION FOR ADMINISTRATION OF THE
CONVENTION.—Identifying information in a Conven-
tion adoption record may be disclosed, and access to
such information may be provided, among the Attor-
ney General, central authorities, accredited agencies,
and approved persons, to the extent necessary to ad-
minister the Convention or this Act.
(c) RELATIONSHIP TO OTHER LAWS.—Sections 552
and 552a of title 5, United States Code, popularly known,
respectively, as the Freedom of Information Act and the
Privacy Act, shall not apply to the disclosure of, or the
provision of access to, identifying information in Conven-
tion adoption records.
(d) IDENTIFYING INFORMATION DEFINED.—
(1) DEFINITION.—In this section, the term
‘‘identifying information’’—
(A) except as provided in subparagraph
(B), means any information contained in a Con-
vention adoption record; and
(B) does not include information relating
to the health, social, or genetic background of
any individual if there is no reasonable basis to
believe that such information could be used to
identify the adopted child or any birth parent
or other birth relative of an adopted child.
(2) REGULATIONS.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services, in consulta-
tion with the Secretary of State and the Attorney
General, shall issue regulations prescribing the infor-
mation referred to in paragraph (1)(B).
SEC. 402. DOCUMENTS OF OTHER CONVENTION COUN-
TRIES.
Documents originating in any other Convention coun-
try and related to a Convention adoption case shall require
no authentication in order to be admissible in any Federal,
State, or local court in the United States, unless a specific
and supported claim is made that the documents are false,
have been altered, or are otherwise unreliable.
SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLEC-
TION OF FEES.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to
agencies of the Federal Government implementing
the Convention and the provisions of this Act.
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to
remain available until expended.
(b) ASSESSMENT OF FEES.—
(1) The Secretary of State may charge a fee
prescribed by regulation to cover the costs of new or
enhanced services that will be undertaken by the De-
partment of State to meet the requirements of this
Act.
(2) Fees collected under paragraph (1) shall be
retained and deposited as an offsetting collection to
any Department of State appropriation to recover
the costs of providing such services.
(3) Fees authorized under this section shall be
available for obligation only to the extent and in the
amount provided in advance in appropriations Acts.
SEC. 404. ENFORCEMENT.
(a) CIVIL PENALTIES.—Any person who—
(1) violates section 202;
(2) violates section 401 or any regulation issued
under section 401; or
(3) makes a false or fraudulent statement or
misrepresentation of material fact, or offers, gives,
solicits, or accepts inducement by way of compensa-
tion intended to influence or affect—
(A) a decision by an accrediting entity with
respect to the accreditation of an agency or ap-
proval of a person under title II;
(B) the relinquishment of parental rights
or parental consent relating to the adoption of
a child in a case subject to the Convention; or
(C) a decision or action of any entity per-
forming a central authority function,
shall be subject, in addition to any other penalty that may
be prescribed by law, to a civil money penalty of not more
than $25,000 for a first violation, and not more than
$50,000 for each succeeding violation.
(b) ENFORCEMENT.—
(1) COORDINATION
WITH
ATTORNEY
GEN-
ERAL.—The Secretary of Health and Human Serv-
ices, with respect to violations of subsection (a) in-
volving the Department of Health and Human Serv-
ices, an accrediting entity, an agency that has ap-
plied for or received accreditation under title II, or
a person who has applied for or received approval
under title II, and the Secretary of State, with re-
spect to violations of paragraphs (2) and (3) of sub-
section (a) involving the Department of State, may
impose a civil money penalty under subsection (a)
pursuant to this subsection and such procedures as
may be agreed upon by such Secretaries and the At-
torney General.
(2) NOTICE AND HEARING.—A penalty shall not
be imposed under subsection (a) until the person
charged has been given written notice of, and an op-
portunity to respond to the charge.
(3) FACTORS CONSIDERED IN IMPOSING PEN-
ALTY.—In determining the amount of a penalty to
be imposed under subsection (a), the gravity of the
violation, the degree of culpability of the violator,
and any history of prior violations by the violator
shall be considered.
(c) CRIMINAL PENALTIES.—Whoever knowingly and
willfully violates paragraph (2) or (3) of subsection (a)
shall be subject to a fine of not more than $50,000, im-
prisonment for not more than 1 year, or both.
TITLE V—GENERAL PROVISIONS
SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.
Subject to Article 24 of the Convention, adoptions
concluded between two other Convention countries that
meet the requirements of Article 23 of the Convention and
that became final before the date of entry into force of
the Convention for the United States shall be recognized
thereafter in the United States and given full effect. Such
recognition shall include the specific effects described in
Article 26 of the Convention.
SEC. 502. SPECIAL RULES FOR CERTAIN CASES.
(a) AUTHORITY TO ESTABLISH ALTERNATIVE PRO-
CEDURES FOR ADOPTION OF CHILDREN BY RELATIVES.—
To the extent consistent with the Convention, the Sec-
retary of State may establish by regulation alternative
procedures for the adoption of children by individuals re-
lated to them by blood or marriage, in cases subject to
the Convention.
(b) WAIVER AUTHORITY.—
(1) IN GENERAL.—Notwithstanding any other
provision of this Act, to the extent consistent with
the Convention, the Secretary of State may, on a
case-by-case basis, waive applicable requirements of,
and penalties for noncompliance with, the provisions
of this Act or regulations issued under this Act, in
the interests of justice or to prevent grave physical
harm to the child.
(2) NONDELEGATION.—The authority provided
by paragraph (1) may not be delegated.
SEC. 503. RELATIONSHIP TO OTHER LAWS.
(a) PREEMPTION OF INCONSISTENT STATE LAW.—
The Convention and this Act shall not be construed to pre-
empt any provision of the law of any State or political
subdivision thereof, or prevent a State or political subdivi-
sion thereof from enacting any provision of law with re-
spect to the subject matter of the Convention or this Act,
except to the extent that such provision of State law is
inconsistent with the Convention or this Act, and then
only to the extent of the inconsistency.
(b) APPLICABILITY OF THE INDIAN CHILD WELFARE
ACT.—The Convention and this Act shall not be construed
to affect the application of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1901 et seq.).
SEC. 504. NO PRIVATE RIGHT OF ACTION.
The Convention and this Act shall not be construed
to create a private right of action to seek administrative
or judicial relief, except to the extent expressly provided
in this Act.
SEC. 505. EFFECTIVE DATES; TRANSITION RULE.
(a) EFFECTIVE DATES.—
(1) PROVISIONS
EFFECTIVE
UPON
ENACT-
MENT.—Sections 2, 101 through 104, 201, 203
through 206, and 403 shall take effect on the date
of the enactment of this Act.
(2) PROVISIONS EFFECTIVE UPON THE ENTRY
INTO FORCE OF THE CONVENTION.—Subject to sub-
section (b), the Convention and the provisions of this
Act not specified in paragraph (1) of this subsection
shall take effect upon the entry into force of the
Convention for the United States pursuant to Article
46(2)(a) of the Convention, and shall govern Con-
vention adoptions made final thereafter.
(b) TRANSITION RULE.—The Convention and this
Act shall not apply—
(1) in the case of a child immigrating to the
United States, if the application for advance proc-
essing of an orphan petition or petition to classify an
orphan as an immediate relative for the child is filed
before the effective date described in subsection
(a)(2); or
(2) in the case of a child emigrating from the
United States, if the prospective adoptive parents of
the child initiated the adoption process in their
country of residence with the filing of an appropriate
application before the effective date described in
subsection (a)(2).
Æ