H. R. 2909
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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 Representatives 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 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 services
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 adopt-
ed 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—
H. R. 2909—2
(1) the international character of the Convention on Protec-
tion 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 implementation
of the Convention in the United States and abroad,
and therefore finds that enactment of a Federal law governing
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 parents involved in adop-
tions (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 Government 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 ‘‘accredited 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 ‘‘accrediting entity’’
means an entity designated under section 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 arranging an
adoption;
(B) securing necessary consent to termination 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 interests 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 Natu-
ralization.
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(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 ‘‘Convention adop-
tion’’ means an adoption of a child resident 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 indi-
vidual residing in another Convention country.
(11) CONVENTION RECORD.—The term ‘‘Convention 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
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) that has been preserved in accordance with section
401(a) by the Secretary of State or the Attorney General.
(12) 
CONVENTION
COUNTRY.—The 
term 
‘‘Convention
country’’ means a country party to the Convention.
(13) OTHER
CONVENTION
COUNTRY.—The term ‘‘other
Convention country’’ means a Convention 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 CONTROL INTEREST.—
The term ‘‘person with an ownership 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 Sec-
retary 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 FUNCTIONS.—
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(1) Except as otherwise provided in this Act, the Secretary
shall be responsible for the performance 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 professional capacity in
the Office of Children’s Issues shall have a strong background
in consular affairs, personal experience in international adop-
tions, or professional experience in international adoptions or
child services.
(c) AUTHORITY TO ISSUE REGULATIONS.—Except as otherwise
provided in this Act, the Secretary 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 shall have
responsibility for—
(1) liaison with the central authorities of other Convention
countries; and
(2) the coordination of activities under the Convention by
persons subject to the jurisdiction of the United States.
(b) INFORMATION EXCHANGE.—The Secretary shall be respon-
sible for—
(1) providing the central authorities of other Convention
countries with information concerning—
(A) accredited agencies and approved persons, agencies
and persons whose accreditation or approval has been sus-
pended or canceled, and agencies and persons who have
been temporarily or permanently debarred from accredita-
tion or approval;
(B) Federal and State laws relevant to implementing
the Convention; and
(C) any other matters necessary and appropriate for
implementation of the Convention;
(2) not later than the date of the entry into force of the
Convention for the United States (pursuant 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
Convention countries a notice requesting the central authority
of each such country to specify any requirements of such
country regarding adoption, including restrictions on the eligi-
bility 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 paragraph (2) avail-
able to—
(A) accredited agencies and approved persons; and
(B) other persons or entities performing home studies
under section 201(b)(1);
(4) ensuring the provision of a background report (home
study) on prospective adoptive parent or parents (pursuant
to the requirements of section 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 purpose of adop-
tion, to the competent authority in the child’s country of origin
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with responsibility for approving the child’s emigration) in ade-
quate time to be considered prior to the granting of such adop-
tion or approval;
(5) providing Federal agencies, State courts, and accredited
agencies and approved persons with an identification of Conven-
tion countries and persons authorized to perform functions
under the Convention in each such country; and
(6) facilitating the transmittal of other appropriate informa-
tion to, and among, central authorities, Federal and State agen-
cies (including State courts), and accredited agencies and
approved persons.
(c) ACCREDITATION AND APPROVAL RESPONSIBILITIES.—The Sec-
retary shall carry out the functions prescribed by the Convention
with respect to the accreditation of agencies and the approval
of persons to provide adoption services in the United States in
cases subject to the Convention as provided in title II. Such func-
tions may not be delegated to any other Federal agency.
(d) ADDITIONAL RESPONSIBILITIES.—The Secretary—
(1) shall monitor individual Convention adoption 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 registry of all adop-
tions involving immigration of children into the United States and
emigration of children from the United States, regardless of whether
the adoption occurs 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 perform appro-
priate central authority functions for which the Secretary is
responsible, pursuant to regulations or under agreements pub-
lished 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 otherwise specifically provided in this Act.
SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.
In addition to such other responsibilities as are specifically
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 Attorney General.
SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.
(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 appropriate agencies, shall submit a
report describing the activities 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,
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and the Committee on the Judiciary of the House of Representatives
and the Committee on Foreign Relations, the Committee on
Finance, and the Committee on the Judiciary of the Senate.
(b) REPORT ELEMENTS.—Each report under subsection (a) shall
set forth with respect to the year concerned, the following:
(1) The number of intercountry adoptions involving
immigration to the United States, regardless of whether the
adoption occurred under the Convention, 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 involving emigra-
tion from the United States, regardless 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 emigrated, the age of the child, the date
of the placement 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 regarding 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 Conven-
tion adoption, set forth by country from which the child emi-
grated.
(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 temporarily
or permanently debarred under this Act, and the reasons for
the debarment.
(7) The range of adoption fees charged in connection with
Convention adoptions involving immigration 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 RELATING 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
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(2) is providing such services through or under the super-
vision and responsibility of an accredited agency or approved
person.
(b) EXCEPTIONS.—Subsection (a) shall not apply to the following:
(1) BACKGROUND
STUDIES
AND
HOME
STUDIES.—The
performance of a background study on a child or a home study
on a prospective adoptive parent, or any report on any such
study by a social work professional or organization who is
not providing any other adoption service in the case, if the
background or home study is approved by an accredited agency.
(2) CHILD WELFARE SERVICES.—The provision of a child
welfare service by a person who is not providing any other
adoption service in the case.
(3) LEGAL SERVICES.—The provision of legal services by
a person who is not providing any 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. 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 described in subsection (b) in accordance
with the Convention, 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 ENTITIES.—In paragraph (1), the term ‘‘quali-
fied entity’’ means—
(A) a nonprofit private entity that has expertise in
developing and administering standards for entities pro-
viding child welfare services and that meets such other
criteria as the Secretary 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 licensing adoption agencies, that—
(i) has expertise in developing and administering
standards for entities providing child welfare services;
(ii) accredits only agencies located in the State
in which the public entity is located; and
(iii) 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.—Accreditation of agen-
cies, and approval of persons, to provide adoption services in
the United States in cases subject to the Convention.
(2) OVERSIGHT.—Ongoing monitoring of the compliance of
accredited agencies and approved persons with applicable
requirements, including review of complaints against such
agencies and persons in accordance with procedures established
by the accrediting entity and approved by the Secretary.
H. R. 2909—8
(3) ENFORCEMENT.—Taking of adverse actions (including
requiring corrective action, imposing sanctions, and refusing
to renew, suspending, or canceling 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 persons and agencies granted or denied approval
or accreditation), to the extent and in the manner that the
Secretary requires.
(c) REMEDIES FOR ADVERSE ACTION BY ACCREDITING 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 termi-
nation of the adverse action) on demonstrating to the satisfac-
tion of the accrediting entity that the deficiencies necessitating
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 accrediting entity may peti-
tion 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 accrediting entity
shall be considered an agency within the meaning of section
701 of such title.
(d) FEES.—The amount of fees assessed by accrediting 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 ACCREDITA-
TION OR APPROVAL.
(a) IN GENERAL.—
(1) PROMULGATION OF REGULATIONS.—The Secretary, 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 regula-
tions, the Secretary shall consider any standards or procedures
developed or proposed by, and 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.—Sub-
sections (b), (c), and (d) of section 553 of title 5, United States
Code, shall apply in the development and issuance of regula-
tions under this section.
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(b) MINIMUM REQUIREMENTS.—
(1) ACCREDITATION.—The standards prescribed under sub-
section (a) shall include the requirement 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 par-
ents 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 before: (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 thorough back-
ground 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 prospective adopting
parent or parents to adopt a child under any require-
ments specified 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 report (home study)’’ includes
any supplemental 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 par-
ents 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 inter-
country adoption services on a fee for service basis
rather than on a contingent fee basis.
(v) The agency discloses fully its policies and prac-
tices, the disruption rates of its placements for inter-
country 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.
H. R. 2909—10
(C) USE
OF
SOCIAL
SERVICE
PROFESSIONALS.—The
agency has established procedures designed to ensure that
social service functions requiring the application of clinical
skills and judgment are performed only by professionals
with appropriate qualifications and credentials.
(D) RECORDS, REPORTS, AND INFORMATION MATTERS.—
The agency is capable of—
(i) maintaining such records and making such
reports as may be required by the Secretary, the United
States central authority, and the accrediting entity
that accredits the agency;
(ii) cooperating with reviews, inspections, and
audits;
(iii) safeguarding sensitive individual information;
and
(iv) complying with other requirements concerning
information management necessary to ensure compli-
ance with the Convention, this Act, and any other
applicable law.
(E) LIABILITY INSURANCE.—The agency agrees to have
in force adequate liability insurance for professional neg-
ligence and any other insurance that the Secretary con-
siders appropriate.
(F) COMPLIANCE WITH APPLICABLE RULES.—The agency
has established adequate measures to comply (and to
ensure compliance of their agents and clients) with the
Convention, this Act, and any other applicable law.
(G) NONPROFIT ORGANIZATION WITH STATE LICENSE TO
PROVIDE ADOPTION SERVICES.—The agency is a private non-
profit organization 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 APPROVAL.—The stand-
ards prescribed under subsection (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 showing that
the agency or person meets the requirements applicable to
original accreditation or approval under this title.
(c) TEMPORARY REGISTRATION
OF COMMUNITY BASED AGEN-
CIES.—
(1) ONE-YEAR REGISTRATION PERIOD FOR MEDIUM COMMU-
NITY 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 subsection (a), that an agency may register with the Sec-
retary 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 intercountry adoptions in the preceding calendar year
and meets the criteria described in paragraph (3).
(2) TWO-YEAR REGISTRATION PERIOD FOR SMALL COMMUNITY-
BASED
AGENCIES.—For a 2-year period after the entry into
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force of the Convention and notwithstanding subsection (b),
the Secretary may provide, 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 adoption 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 following 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 adoption services
in connection with intercountry adoptions for at least 3
years.
(C) The agency has demonstrated that it will be able
to provide the United States Government with all informa-
tion related to the elements 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 accrediting 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 accrediting
entity found to be substantially out of compliance with the
Convention, this Act, other applicable laws, or implementing
regulations under this Act.
(b) SUSPENSION
OR
CANCELLATION
OF
ACCREDITATION
OR
APPROVAL.—
(1) SECRETARY’S AUTHORITY.—The Secretary shall suspend
or cancel the accreditation or approval granted by an accred-
iting entity to an agency or person pursuant to section 202
when the Secretary finds that—
(A) the agency or person is substantially out of compli-
ance with applicable requirements; and
(B) the accrediting entity has failed or refused, 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 Secretary shall—
(A) notify the accrediting entity that the deficiencies
have been corrected; and
(B)(i) in the case of a suspension, terminate the suspen-
sion; or
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(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 accreditation or approval.
(c) DEBARMENT.—
(1) SECRETARY’S AUTHORITY.—On the initiative of the Sec-
retary, or on request of an accrediting entity, the Secretary
may temporarily or permanently debar an agency from accredi-
tation or a person from approval under this title, but only
if—
(A) there is substantial evidence that the agency or
person is out of compliance with applicable 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 perma-
nent. If the debarment is temporary, 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
Secretary 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 accreditation or
approval under this title.
(d) JUDICIAL REVIEW.—A person (other than a prospective adop-
tive parent), an agency, or an accrediting entity who is the subject
of a final action of suspension, cancellation, or debarment by the
Secretary under this title may petition the United States District
Court for the District 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 action.
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) IN
GENERAL.—Willful, grossly negligent, or repeated
failure to ensure the completion and transmission of a back-
ground report (home study) that fully complies with the require-
ments of section 203(b)(1)(A)(ii) shall constitute substantial non-
compliance with applicable requirements.
(2) REGULATIONS.—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)(A)(ii); and
(B) consultation between the Secretary and the accred-
iting entity where an agency or person has engaged in
substantial noncompliance with the requirements of section
203(b)(A)(ii), unless the accrediting entity has taken appro-
priate corrective action and the noncompliance has not
recurred.
H. R. 2909—13
(3) REPEATED
FAILURES
TO
COMPLY.—Repeated serious,
willful, or grossly negligent failures to comply with the require-
ments of section 203(b)(1)(A)(ii) by an agency or person after
consultation between Secretary and the accrediting 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) FAILURE TO COMPLY WITH CERTAIN REQUIREMENTS.—
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 informa-
tion 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 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 CONVEN-
TION 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
SECRETARY
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 granted 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 emigration 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