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 para-
graphs:
‘‘(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 re-
port 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 adoption
or the dissolution of an adoption, including the num-
ber of children, the agencies who handled the place-
ment or adoption, the plans for the child, and the rea-
sons 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 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 respect
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 parent, that
legal custody of the child has been granted to the cit-
izen parent for purposes of emigration and adoption,
pursuant to the Convention and this Act, if the Sec-
retary 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
this Act have been met with respect to the adop-
tion.
(2) LEGAL EFFECT OF CERTIFICATES.—If ap-
pended to an original adoption decree, the certificate
described in paragraph (1) shall be treated by Federal
and State agencies, courts, and other public and pri-
vate persons and entities as conclusive evidence of the
facts certified therein and shall constitute the certifi-
cation required by section 204(d)(2) of the Immigra-
tion and Nationality Act, as amended by this Act.
(b) LEGAL EFFECT OF CONVENTION ADOPTION FINAL-
IZED IN ANOTHER CONVENTION COUNTRY.—A final adop-
tion in another Convention country, certified by the Sec-
retary of State pursuant to subsection (a) of this section
or section 303(c), shall be recognized as a final valid adop-
tion 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 Sec-
retary 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 subpara-
graph (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 section
201(b), who has been adopted in a foreign state that
is a party to the Convention on Protection of Chil-
dren and Co-operation in Respect of Intercountry
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 cit-
izen 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 deser-
tion by, the other parent), or other persons
or institutions that retain legal custody of
the child, have freely given their written ir-
revocable consent to the termination 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 adopting
parents, unless—
‘‘(aa) the child has no living par-
ents because of the death or disappear-
ance of, abandonment or desertion by,
separation from, or loss of, both par-
ents; 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 pro-
spective adoptive parent or parents;
and
‘‘(bb) the prospective adoptive
parent or parents has or have complied
with any pre-adoption requirements of
the child’s proposed residence; 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 para-
graph:
‘‘(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 habitually resi-
dent in the United States has effected final adoption of the
child, or has been granted custody of the child for the pur-
pose 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 com-
pleted;
(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 placement
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 described
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 Con-
vention 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 Conven-
tion country consents to the adoption, 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 cer-
tifying 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 sub-
section (c) or otherwise to carry out the duties 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, 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 Convention and this Act.
(d) FILING WITH REGISTRY REGARDING NONCONVEN-
TION ADOPTIONS.—Accredited agencies, approved persons,
and other persons, including governmental authorities, pro-
viding adoption services in an intercountry adoption not
subject to the Convention that involves the emigration of
a child from the United States shall file information re-
quired by regulations jointly issued by the Attorney 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 Secretary,
in consultation with the Attorney General, shall issue
regulations that establish procedures and require-
ments 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 sec-
tion.
(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 disclosure of,
or access to, such record is permitted or required by
applicable Federal law.
(2) EXCEPTION
FOR
ADMINISTRATION
OF
THE
CONVENTION.—A Convention record may be disclosed,
and access to such a record may be provided, in whole
or in part, among the Secretary, the Attorney Gen-
eral, central authorities, accredited agencies, and ap-
proved persons, only to the extent necessary to admin-
ister 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.
(c) ACCESS TO NON-CONVENTION RECORDS.—Disclo-
sure of, access to, and penalties for unlawful disclosure of,
adoption records that are not Convention records, including
records of adoption proceedings conducted in the United
States, shall be governed by applicable State law.
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 ap-
propriated such sums as may be necessary to agencies
of the Federal Government implementing the Conven-
tion 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 may charge a fee for new or
enhanced services that will be undertaken by the De-
partment of State to meet the requirements of this Act
with respect to intercountry adoptions under the Con-
vention and comparable services with respect to other
intercountry adoptions. Such fee shall be prescribed
by regulation and shall not exceed the cost of such
services.
(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.
(c) RESTRICTION.—No funds collected under the au-
thority of this section may be made available to an accred-
iting entity to carry out the purposes of this Act.
SEC. 404. ENFORCEMENT.
(a) CIVIL PENALTIES.—Any person who—
(1) violates section 201;
(2) makes a false or fraudulent statement or mis-
representation of material fact, or offers, gives, solic-
its, or accepts inducement by way of compensation,
intended to influence or affect in the United States or
a foreign country—
(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; or
(3) engages another person as an agent, whether
in the United States or in a foreign country, who in
the course of that agency takes any of the actions de-
scribed in paragraph (1) or (2),
shall be subject, in addition to any other penalty that may
be prescribed by law, to a civil money penalty of not more
than $50,000 for a first violation, and not more than
$100,000 for each succeeding violation.
(b) CIVIL ENFORCEMENT.—
(1) AUTHORITY
OF
ATTORNEY
GENERAL.—The
Attorney General may bring a civil action to enforce
subsection (a) against any person in any United
States district court.
(2) FACTORS TO BE CONSIDERED IN IMPOSING
PENALTIES.—In imposing penalties the court shall
consider the gravity of the violation, the degree of cul-
pability of the defendant, and any history of prior
violations by the defendant.
(c) CRIMINAL PENALTIES.—Whoever knowingly and
willfully violates paragraph (1) or (2) of subsection (a)
shall be subject to a fine of not more than $250,000, impris-
onment for not more than 5 years, or both.
TITLE V—GENERAL PROVISIONS
SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.
Subject to Article 24 of the Convention, adoptions con-
cluded 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 Con-
vention 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 PROCE-
DURES FOR ADOPTION OF CHILDREN BY RELATIVES.—To
the extent consistent with the Convention, the Secretary
may establish by regulation alternative procedures for the
adoption of children by individuals related to them by
blood, marriage, or adoption, in cases subject to the Conven-
tion.
(b) WAIVER AUTHORITY.—
(1) IN
GENERAL.—Notwithstanding any other
provision of this Act, to the extent consistent with the
Convention, the Secretary may, on a case-by-case
basis, waive applicable requirements 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 preempt
any provision of the law of any State or political subdivi-
sion thereof, or prevent a State or political subdivision
thereof from enacting any provision of law with respect 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 ENACTMENT.—
Sections 2, 3, 101 through 103, 202 through 205,
401(a), 403, 503, and 505(a) 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 provisions of this Act not specified in
paragraph (1) shall take effect upon the entry into
force of the Convention for the United States pursu-
ant to Article 46(2)(a) of the Convention.
(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 coun-
try of residence with the filing of an appropriate ap-
plication before the effective date described in sub-
section (a)(2).
Union Calendar No. 387
106TH CONGRESS
2D SESSION
H. R. 2909
[Report No. 106–691, Part I]
A BILL
To provide for implementation by the United States
of the Hague Convention on Protection of Chil-
dren and Co-operation in Respect of Intercountry
Adoption, and for other purposes.
JUNE 22, 2000
Reported from the Committee on International Relations
with an amendment
Referred to the Committee on Ways and Means for a pe-
riod ending not later than June 22, 2000, for consider-
ation of such provisions of the bill and amendment as
fall within the jurisdiction of that committee pursuant
to clause 1(s), rule X
Referral to the Committees on the Judiciary and Edu-
cation and the Workforce extended for a period ending
not later than June 22, 2000
Committees on the Judiciary, Education and the Work-
force, and Ways and Means discharged; committed to
the Committee of the Whole House on the State of the
Union and ordered to be printed