Intercountry Adoption Act of 2000
PL 106-279 (H.R.2909), enacted 10/06/2000

PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 825 
Public Law 106-279 
106th Congress 
An Act 
To provide for implementation by the United States of the Hague Convention 
n t R 9nnn 
on Protection of Children and Co-operation in Respect of Intercountry Adoption, 
^ ' ' 
and for other purposes. 
[H.R. 2909] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Intercountry 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
2000*^°'^ ^^^ °^ 
(a) SHORT TITLE.—This Act may be cited as the "Intercountry 
42 USC 14901 
Adoption Act of 2000". 
note. 
(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. 
42 USC 14901. 
(a) FINDINGS.—Congress recognizes— 
114 STAT. 826 
PUBLIC LAW 106-279—OCT. 6, 2000 
(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. 
42 use 14902. 
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. 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 827 
(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. 
42 USC 14911. 
(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.— 
114 STAT. 828 
PUBLIC LAW 106-279—OCT. 6, 2000 
42 use 14912. 
Deadline. 
Notice. 
(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. 
1
0
2
. 
RESPONSmiUTIES 
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)(l)(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 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 829 
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 IL 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 Effective date, 
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, 
Federal Register, 
publication. 
42 use 14913. 
42 use 14914. 
79-194 O - 00 - 28 : QL 3 Part 1 
114 STAT. 830 
PUBLIC LAW 106-279—OCT. 6, 2000 
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 
42 use 14921. 
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 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 831 
(2) is providing such services through or under the super-
vision and responsibihty 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 42 USC 14922. 
ACCREDITING ENTITIES. 
(a) DESIGNATION OF ACCREDITING ENTITIES.— 
(1) IN GENERAL.—The Secretary shall enter into agreements Contracts, 
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 Procedures, 
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. 
114 STAT. 832 
PUBLIC LAW 106-279—OCT. 6, 2000 
(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. 
42 use 14923. 
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. 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 833 
(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 
£iny 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. 
Records. 
Reports. 
114 STAT. 834 
PUBLIC LAW 106-279—OCT. 6, 2000 
(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 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 835 
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 
42 USC 14924. 
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 
Notification, 
have been corrected; and 
(B)(i) in the case of a suspension, terminate the suspen-
sion; or 
114 STAT. 836 
PUBLIC LAW 106-279—OCT. 6, 2000 
(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), £in 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)(l)(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. 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 837 
(3) REPEATED FAILURES TO COMPLY.—^Repeated serious, 
willful, or grossly negligent failures to comply with the require-
ments of section 203(b)(l)(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)(l)(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.". 
Records. 
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 
42 use 14931. 
114 STAT. 838 
PUBLIC LAW 106-279—OCT. 6, 2000 
(B) has verified that the requirements of the Conven-
tion and this Act have been met with respect to the adop-
tion. 
(2) LEGAL EFFECT OF CERTIFICATES.—If appended to 
an 
original adoption decree, the certificate described in paragraph 
(1) shall be treated by Federal and State agencies, courts, 
and other public and private persons and entities as conclusive 
evidence of the facts certified therein and shall constitute the 
certification required by section 204(d)(2) of the Immigration 
and Nationality Act, as amended by this Act. 
(b) 
LEGAL EFFECT OF CONVENTION ADOPTION FINALIZED IN 
ANOTHER CONVENTION COUNTRY.—A final adoption in another 
Convention country, certified by the Secretary of State pursuant 
to subsection (a) of this section 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, 
an order declaring the adoption final shall not be entered 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 AMENDMENTS 
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 subparagraph (F) 
and inserting "; or"; and 
(3) by adding after subparagraph (F) the following 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 Children and Co-operation in Respect of Intercountry Adop-
tion done at ITie 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 25 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 termination of their legal relationship with the 
child, and to the child's emigration and adoption; 
"(III) in the case of a child having two living nat-
ural parents, the natural parents are incapable of pro-
viding proper care for the child; 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 839 
"(IV) the Attorney General is satisfied that the 
purpose of the adoption is to form a bona fide parent-
child relationship, and the parent-child relationship 
of the child and the natural parents has been termi-
nated (and in carrying out both obligations under this 
subclause the Attorney General may consider whether 
there is a petition pending to confer immigrant status 
on one or both of such natural parents); and 
"(V) 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 par-
ents 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 thereafter, 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 
inserting 
"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 habitually 
resident in the United States has effected final adoption 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 2000.". 
(c) DEFINITION OF PARENT.—Section 101(b)(2) of the Immigra-
tion and Nationahty Act (8 U.S.C. 1101(b)(2)) is amended by 
inserting "and paragraph (l)(G)(i)" after "second proviso therein)". 
SEC. 303. ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED 
42 USC 14932. 
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) the accredited agency or approved person— 
(i) has made reasonable efforts to actively recruit 
and make a diligent search for prospective adoptive 
parents to adopt the child in the United States; and 
114 STAT. 840 
PUBLIC LAW 106-279—OCT. 6, 2000 
Records. 
Reports. 
Records. 
Certification. 
(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 para-
graph (1); 
(B) a background report (home study) on the prospec-
tive adoptive parent or parents (including a criminal back-
ground 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 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 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 certifying the 
final adoption or grant of custody for the purpose of adop-
tion; 
(B) the information and documents described in para-
graph (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 authority to perform the func-
tions specified in subsection (c) or otherwise to carry out 
the duties of the United States central authority under 
the Convention. 
(b) CONDITIONS ON STATE COURT ORDERS.—^An order declaring 
an adoption to be final or granting custody for the purpose of 
adoption in a case described in subsection (a) shall not be entered 
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 requirements of Arti-
cles 4 and 15 through 21 of the Convention have been 
met; and 
(2) has determined that the adoptive placement is in the 
best interests of the child. 
(c) DUTIES OF THE SECRETARY OF STATE.—In a case described 
in subsection (a), the Secretary, on receipt and verification as nec-
essary 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 NONCONVENTION ADOP-
TIONS.—^Accredited agencies, approved persons, and other persons. 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 841 
including governmental authorities, providing adoption services in 
an intercountry adoption not subject to the Convention that involves 
the emigration of a child from the United States shall file informa-
tion required 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. 
42 USC 14941. 
(a) PRESERVATION OF CONVENTION RECORDS.— 
(1) IN GENERAL.—Not later than 180 days after the date DeadHne. 
of the enactment of this Act, the Secretary, in consultation Regulations, 
with the Attorney General, shall issue regulations that estab-
lish procedures and requirements in accordance with the 
Convention and this section for the preservation of Convention 
records. 
(2) 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. 
(b) ACCESS TO CONVENTION RECORDS.— 
(1) PROHIBITION.—Except as provided in paragraph (2), 
the Secretary or the Attorney General may disclose a Conven-
tion 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 disclo-
sure 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 General, central authorities, accredited 
agencies, and approved persons, only to the extent necessary 
to administer the Convention or this Act. 
(3) 
PENALTIES 
FOR UNLAWFUL 
DISCLOSURE.—^Unlawful 
disclosure of all or part of a Convention record shall be punish-
able in accordance with applicable Federal law. 
(c) 
ACCESS TO NON-CONVENTION 
RECORDS.—Disclosure 
of, 
access to, and penalties for unlawful disclosure of, adoption records 
that are not Convention records, including records of adoption pro-
ceedings conducted in the United States, shall be governed by 
applicable State law. 
SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES. 
42 USC 14942. 
Documents originating in any other Convention country and 
related to a Convention adoption case shall require no authentica-
tion 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; COLLECTION OF 
42 USC 14943. 
FEES. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
114 STAT. 842 
PUBLIC LAW 106-279—OCT. 6, 2000 
(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 appropriated pursu-
ant 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 Department of State 
to meet the requirements of this Act with respect to inter-
country adoptions under the Convention and comparable serv-
ices 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 authority of 
this section may be made available to an accrediting entity to 
carry out the purposes of this Act. 
42 use 14944. 
SEC. 404. ENFORCEMENT. 
(a) CIVIL PENALTIES.—^Any person who— 
(1) violates section 201; 
(2) makes a false or fraudulent statement, or misrepresen-
tation, with respect to a material fact, or offers, gives, solicits, 
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 approval of a person 
under title II; 
(B) the relinquishment of parental rights or the giving 
of 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 performing 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 described in paragraph 
(Dor (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 Gen-
eral 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 culpability of the defendant, and 
any history of prior violations by the defendant. 
PUBLIC LAW 106-279—OCT. 6, 2000 
114 STAT. 843 
(c) CRIMINAL PENALTIES.—^Whoever knowingly and willfully vio-
lates paragraph (1) or (2) of subsection (a) shall be subject to 
a fine of not more than $250,000, imprisonment for not more 
than 5 years, or both. 
TITLE V—GENERAL PROVISIONS 
SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS. 
42 USC 14951. 
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. 
42USC14952. 
(a) AUTHORITY TO ESTABLISH ALTERNATIVE PROCEDURES 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 Convention. 
(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. 
42 USC 14953. 
(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 subdivision 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 applica-
tion of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 
et seq.). 
(c) RELATIONSHIP TO OTHER LAWS.—Sections 3506(c), 3507, and 
3512 of title 44, United States Code, shall not apply to information 
collection for purposes of sections 104, 202(b)(4), and 303(d) of 
this Act or for use as a Convention record as defined in this 
Act. 
SEC. 504. NO PRIVATE RIGHT OF ACTION. 
42 USC 14954. 
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. 
114 STAT. 844 
PUBLIC LAW 106-279—OCT. 6, 2000 
42 u s e 14901 
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 subsection (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 pursuant 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 processing 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). 
Approved October 6, 2000. 
L E G I S L A T I V E H I S T O R Y — H . R . 2909: 
HOUSE REPORTS: No. 106-691, Pt. 1 (Comm. on International Relations). 
C O N G R E S S I O N A L RECORD, Vol. 146 (2000): 
July 18, considered and passed House. 
July 27, considered and passed Senate, amended. 
Sept. 18, House conciured in Senate amendment with an amendment. 
Sept. 20, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 6, Presidential statement.