ICARE Act

Bill: 108-s-3031
Sponsor: Sen. Nickles, Don [R-OK]
Introduced: 2004-12-07 in the Senate
Policy area: International Affairs
Subjects: Abandonment of family
Administrative fees
Administrative procedure
Administrative remedies
Admission of nonimmigrants
Adoption
Advice and consent of the Senate
Aliens
Armed Forces and National Security
Census
Child welfare
Citizenship
Civil actions and liability
Congress
Congress and foreign policy
Congressional reporting requirements
Counseling
Crime and Law Enforcement
Custody of children
Data banks
Department of Homeland Security
Department of State
Diplomats
Electronic data interchange
Electronic government information
Emigration
Employee training
Executive reorganization
Families
Family services
Federal employees
Fees
Fines (Penalties)
Fingerprints
Foster home care
Fraud
Government Operations and Politics
Health
Immigration
International cooperation
International employees
Judicial review
Labor and Employment
Law
Medical records
Military personnel
Orphans
Parent and child
Passports
Physical examinations
Presidential appointments
Residence requirements
Science, Technology, Communications
Social Welfare
Support of dependents
Translating and interpreting
Treaties
Treaty-making power
Vaccination
Visas

Summary:
action_date: 2004-12-07
text: 
Intercountry Adoption Reform Act of 2004 or ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State (DOS). Requires the President to appoint an Ambassador at Large to head the Office. 
 
Transfers to the Office all immigration functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).
 
Amends the Immigration and Nationality Act to grant automatic U.S. citizenship to internationally adopted children upon entry of a full and final adoption decree (thus dispensing with the need for such children to obtain visas). 
 
Creates a new W nonimmigrant visa category for children traveling to the United States to be adopted by U.S. citizens.
 
Allows adopted children age 18 or under to claim an exception to immunization requirements for purposes of admissibility (currently limited to those age 10 or under).
 
Redefines the term &quot;adoptable child.&quot;
 
Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a W visa or a full and final adoption decree. Provides that such petitions are subject to the terms applicable to orphan petitions. Directs the Secretary of State to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials.
 
Requires the Office to determine whether a child is an adoptable child, pursuant to specified procedures, as a prerequisite to the issuance of a W visa or a full and final adoption decree.
 
Sets forth civil and criminal penalties for certain violations.


Legislative actions:
action_date: 2004-12-07
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11901-11905)
action_date: 2004-12-07
text: Sponsor introductory remarks on measure. (CR S11900-11901)
action_date: 2004-12-07
text: Introduced in Senate