[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 120 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 120
To reform Federal procedures relating to intercountry adoption.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mrs. Jo Ann Davis of Virginia introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform Federal procedures relating to intercountry adoption.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercountry Adoption Reform Act of
2007'' or the ``ICARE Act''.
TITLE I--INTERCOUNTRY ADOPTION REFORM
SEC. 101. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) That a child, for the full and harmonious development
of his or her personality, should grow up in a family
environment, in an atmosphere of happiness, love, and
understanding.
(2) That intercountry adoption may offer the advantage of a
permanent family to a child for whom a suitable family cannot
be found in his or her country of origin.
(3) There has been a significant growth in intercountry
adoptions. In 1990, Americans adopted 7,093 children from
abroad. In 2004, they adopted 23,460 children from abroad.
(4) Americans increasingly seek to create or enlarge their
families through intercountry adoptions.
(5) There are many children worldwide that are without
permanent homes.
(6) In the interest of children without a permanent family
and the United States citizens who are waiting to bring them
into their families, reforms are needed in the intercountry
adoption process used by United States citizens.
(7) Before adoption, each child should have the benefit of
measures taken to ensure that intercountry adoption is in his
or her best interest and that prevents the abduction, selling,
or trafficking of children.
(8) In addition, Congress recognizes that foreign-born
adopted children do not make the decision whether to immigrate
to the United States. They are being chosen by Americans to
become part of their immediate families.
(9) As such these children should not be classified as
immigrants in the traditional sense. Once fully and finally
adopted, they should be treated as children of United States
citizens.
(10) Since a child who is fully and finally adopted is
entitled to the same rights, duties, and responsibilities as a
biological child, the law should reflect such equality.
(11) Therefore, foreign-born adopted children of United
States citizens should be accorded the same procedural
treatment as biological children born abroad to a United States
citizen.
(12) If a United States citizen can confer citizenship to a
biological child born abroad, then the same citizen is entitled
to confer such citizenship to their legally and fully adopted
foreign-born child immediately upon final adoption.
(13) If a United States citizen cannot confer citizenship
to a biological child born abroad, then such citizen cannot
confer citizenship to their legally and fully adopted foreign-
born child, except through the naturalization process.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that any adoption of a foreign-born child by
parents in the United States is carried out in the manner that
is in the best interests of the child;
(2) to ensure that foreign-born children adopted by United
States citizens will be treated identically to a biological
child born abroad to the same citizen parent; and
(3) to improve the intercountry adoption process to make it
more citizen friendly and focused on the protection of the
child.
SEC. 102. DEFINITIONS.
In this Act:
(1) Adoptable child.--The term ``adoptable child'' has the
same meaning given such term in section 101(c)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as added
by section 304(a) of this Act.
(2) Ambassador at large.--The term ``Ambassador at Large''
means the Ambassador at Large for Intercountry Adoptions
appointed to head the Office pursuant to section 201(b).
(3) Competent authority.--The term ``competent authority''
means the entity or entities authorized by the law of the
child's country of residence to engage in permanent placement
of children who are no longer in the legal or physical custody
of their biological parents.
(4) 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.
(5) Full and final adoption.--The term ``full and final
adoption'' means an adoption--
(A) that is completed according to the laws of the
child's country of residence or the State law of the
parent's residence;
(B) under which a person is granted full and legal
custody of the adopted child;
(C) that has the force and effect of severing the
child's legal ties to the child's biological parents;
(D) under which the adoptive parents meet the
requirements of section 305; and
(E) under which the child has been adjudicated to
be an adoptable child in accordance with section 306.
(6) Office.--The term ``Office'' means the Office of
Intercountry Adoptions established under section 201(a).
(7) Readily approvable.--A petition or certification is
``readily approvable'' if the documentary support provided
along with such petition or certification demonstrates that the
petitioner satisfies the eligibility requirements and no
additional information or investigation is necessary.
TITLE II--ADMINISTRATION OF INTERCOUNTRY ADOPTIONS
SEC. 201. OFFICE OF INTERCOUNTRY ADOPTIONS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, there shall be established within the Department
of State, an Office of Intercountry Adoptions which shall be headed by
the Ambassador at Large for Intercountry Adoptions.
(b) Ambassador at Large.--
(1) Appointment.--The Ambassador at Large shall be
appointed by the President, by and with the advice and consent
of the Senate, from among individuals who have background,
experience, and training in intercountry adoptions.
(2) Conflicts of interest.--The individual appointed to be
the Ambassador at Large shall be free from any conflict of
interest that could impede such individual's ability to serve
as the Ambassador.
(3) Authority.--The Ambassador at Large shall report
directly to the Secretary of State, in consultation with the
Assistant Secretary for Consular Affairs.
(4) Regulations.--The Ambassador at Large may not issue
rules or regulations unless such rules or regulations have been
approved by the Secretary of State.
(5) Duties of the ambassador at large.--The Ambassador at
Large shall have the following responsibilities:
(A) In general.--The primary responsibilities of
the Ambassador at Large shall be--
(i) to ensure that any adoption of a
foreign-born child by parents in the United
States is carried out in the manner that is in
the best interest of the child; and
(ii) to assist the Secretary of State in
fulfilling the responsibilities designated to
the central authority under title I of the
Intercountry Adoption Act of 2000 (42 U.S.C.
14911 et seq.).
(B) Advisory role.--The Ambassador at Large shall
be a principal advisor to the President and the
Secretary of State regarding matters affecting
intercountry adoption and the general welfare of
children abroad and shall make recommendations
regarding--
(i) the policies of the United States with
respect to the establishment of a system of
cooperation among the parties to the
Convention;
(ii) the policies to prevent abandonment,
to strengthen families, and to advance the
placement of children in permanent families;
and
(iii) policies that promote the protection
and well-being of children.
(C) Diplomatic representation.--Subject to the
direction of the President and the Secretary of State,
the Ambassador at Large may represent the United States
in matters and cases relevant to international adoption
in--
(i) fulfillment of the responsibilities
designated to the central authority under title
I of the Intercountry Adoption Act of 2000 (42
U.S.C. 14911 et seq.);
(ii) contacts with foreign governments,
intergovernmental organizations, and
specialized agencies of the United Nations and
other international organizations of which the
United States is a member; and
(iii) multilateral conferences and meetings
relevant to international adoption.
(D) International policy development.--The
Ambassador at Large shall advise and support the
Secretary of State and other relevant Bureaus of the
Department of State in the development of sound policy
regarding child protection and intercountry adoption.
(E) Reporting responsibilities.--The Ambassador at
Large shall have the following reporting
responsibilities:
(i) In general.--The Ambassador at Large
shall assist the Secretary of State and other
relevant Bureaus in preparing those portions of
the Human Rights Reports that relate to the
abduction, sale, and trafficking of children.
(ii) Annual report on intercountry
adoption.--Not later than September 1 of each
year, the Secretary of State shall prepare and
submit to Congress an annual report on
intercountry adoption. Each annual report shall
include--
(I) a description of the status of
child protection and adoption in each
foreign country, including--
(aa) trends toward
improvement in the welfare and
protection of children and
families;
(bb) trends in family
reunification, domestic
adoption, and intercountry
adoption;
(cc) movement toward
ratification and implementation
of the Convention; and
(dd) census information on
the number of children in
orphanages, foster homes, and
other types of nonpermanent
residential care as reported by
the foreign country;
(II) the number of intercountry
adoptions by United States citizens,
including the country from which each
child emigrated, the State in which
each child resides, and the country in
which the adoption was finalized;
(III) the number of intercountry
adoptions involving emigration from the
United States, including the country
where each child now resides and the
State from which each child emigrated;
(IV) the number of 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 (42 U.S.C. 622(b)(14));
(V) the average time required for
completion of an adoption, set forth by
the country from which the child
emigrated;
(VI) the current list of agencies
accredited and persons approved under
the Intercountry Adoption Act of 2000
(42 U.S.C. 14901 et seq.) to provide
adoption services;
(VII) the names of the agencies and
persons temporarily or permanently
debarred under the Intercountry
Adoption Act of 2000 (42 U.S.C. 14901
et seq.), and the reasons for the
debarment;
(VIII) the range of adoption fees
involving adoptions by United States
citizens and the median of such fees
set forth by the country of origin;
(IX) 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; and
(X) recommendations of ways the
United States might act to improve the
welfare and protection of children and
families in each foreign country.
(c) Functions of Office.--The Office shall have the following 7
functions:
(1) Approval of a family to adopt.--To approve or
disapprove the eligibility of a United States citizen to adopt
a child born in a foreign country.
(2) Child adjudication.--To investigate and adjudicate the
status of a child born in a foreign country to determine
whether that child is an adoptable child.
(3) Family services.--To provide assistance to United
States citizens engaged in the intercountry adoption process in
resolving problems with respect to that process and to track
intercountry adoption cases so as to ensure that all such
adoptions are processed in a timely manner.
(4) International policy development.--To advise and
support the Ambassador at Large and other relevant Bureaus of
the Department of State in the development of sound policy
regarding child protection and intercountry adoption.
(5) Central authority.--To assist the Secretary of State in
carrying out duties of the central authority as defined in
section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C.
14902).
(6) Enforcement.--To investigate, either directly or in
cooperation with other appropriate international, Federal,
State, or local entities, improprieties relating to
intercountry adoption, including issues of child protection,
birth family protection, and consumer fraud.
(7) Administration.--To perform administrative functions
related to the functions performed under paragraphs (1) through
(6), including legal functions and congressional liaison and
public affairs functions.
(d) Organization.--
(1) In general.--All functions of the Office shall be
performed by officers employed in a central office located in
Washington, D.C. Within that office, there shall be 7 divisions
corresponding to the 7 functions of the Office. The director of
each such division shall report directly to the Ambassador at
Large.
(2) Approval to adopt.--The division responsible for
approving parents to adopt shall be divided into regions of the
United States as follows:
(A) Northwest.
(B) Northeast.
(C) Southwest.
(D) Southeast.
(E) Midwest.
(F) West.
(3) Child adjudication.--To the extent practicable, the
division responsible for the adjudication of foreign-born
children as adoptable shall be divided by world regions which
correspond to the world regions used by other divisions within
the Department of State.
(4) Use of international field officers.--Nothing in this
section shall be construed to prohibit the use of international
field officers posted abroad, as necessary, to fulfill the
requirements of this Act.
(5) Coordination.--The Ambassador at Large shall coordinate
with appropriate employees of other agencies and departments of
the United States, whenever appropriate, in carrying out the
duties of the Ambassador.
(e) Qualifications and Training.--In addition to meeting the
employment requirements of the Department of State, officers employed
in any of the 7 divisions of the Office shall undergo extensive and
specialized training in the laws and processes of intercountry adoption
as well as understanding the cultural, medical, emotional, and social
issues surrounding intercountry adoption and adoptive families. The
Ambassador at Large shall, whenever possible, recruit and hire
individuals with background and experience in intercountry adoptions,
taking care to ensure that such individuals do not have any conflicts
of interest that might inhibit their ability to serve.
(f) Use of Electronic Databases and Filing.--To the extent
possible, the Office shall make use of centralized, electronic
databases and electronic form filing.
SEC. 202. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES.
Section 505(a)(1) of the Intercountry Adoption Act of 2000 (42
U.S.C. 14901 note) is amended by inserting ``301, 302,'' after
``205,''.
SEC. 203. TECHNICAL AND CONFORMING AMENDMENT.
Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C.
14914) is repealed.
SEC. 204. TRANSFER OF FUNCTIONS.
(a) In General.--Subject to subsection (c), all functions under the
immigration laws of the United States with respect to the adoption of
foreign-born children by United States citizens and their admission to
the United States that have been vested by statute in, or exercised by,
the Secretary of Homeland Security immediately prior to the effective
date of this Act, are transferred to the Secretary of State on the
effective date of this Act and shall be carried out by the Ambassador
at Large, under the supervision of the Secretary of State, in
accordance with applicable laws and this Act.
(b) Exercise of Authorities.--Except as otherwise provided by law,
the Ambassador at Large may, for purposes of performing any function
transferred to the Ambassador at Large under subsection (a), exercise
all authorities under any other provision of law that were available
with respect to the performance of that function to the official
responsible for the performance of the function immediately before the
effective date of the transfer of the function pursuant to this
subtitle.
(c) Limitation on Transfer of Pending Adoptions.--If an individual
has filed a petition with the Immigration and Naturalization Service or
the Department of Homeland Security with respect to the adoption of a
foreign-born child prior to the date of enactment of this Act, the
Secretary of Homeland Security shall have the authority to make the
final determination on such petition and such petition shall not be
transferred to the Office.
SEC. 205. TRANSFER OF RESOURCES.
Subject to section 1531 of title 31, United States Code, upon the
effective date of this Act, there are transferred to the Ambassador at
Large for appropriate allocation in accordance with this Act, the
assets, liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available to the Department of Homeland Security in connection with the
functions transferred pursuant to this subtitle.
SEC. 206. INCIDENTAL TRANSFERS.
The Ambassador at Large may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out this subtitle. The
Ambassador at Large shall provide for such further measures and
dispositions as may be necessary to effectuate the purposes of this
subtitle.
SEC. 207. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements, including
collective bargaining agreements, certificates, licenses, and
privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Ambassador at Large, the
former Commissioner of the Immigration and Naturalization
Service, or the Secretary of Homeland Security, or their
delegates, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that
is transferred pursuant to this subtitle; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date);
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, any other authorized official, a court of competent
jurisdiction, or operation of law, except that any collective
bargaining agreement shall remain in effect until the date of
termination specified in the agreement.
(b) Proceedings.--
(1) Pending.--The transfer of functions under section 204
shall not affect any proceeding or any application for any
benefit, service, license, permit, certificate, or financial
assistance pending on the effective date of this subtitle
before an office whose functions are transferred pursuant to
this subtitle, but such proceedings and applications shall be
continued.
(2) Orders.--Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this Act had not been enacted,
and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent jurisdiction,
or by operation of law.
(3) Discontinuance or modification.--Nothing in this
section shall be considered to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not been
enacted.
(c) Suits.--This subtitle shall not affect suits commenced before
the effective date of this subtitle, and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this Act had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of State, the Immigration and
Naturalization Service, or the Department of Homeland Security, or by
or against any individual in the official capacity of such individual
as an officer or employee in connection with a function transferred
pursuant to this section, shall abate by reason of the enactment of
this Act.
(e) Continuance of Suit With Substitution of Parties.--If any
Government officer in the official capacity of such officer is party to
a suit with respect to a function of the officer, and pursuant to this
subtitle such function is transferred to any other officer or office,
then such suit shall be continued with the other officer or the head of
such other office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this subtitle, any statutory requirements
relating to notice, hearings, action upon the record, or administrative
or judicial review that apply to any function transferred pursuant to
any provision of this subtitle shall apply to the exercise of such
function by the head of the office, and other officers of the office,
to which such function is transferred pursuant to such provision.
TITLE III--REFORM OF UNITED STATES LAWS GOVERNING INTERCOUNTRY
ADOPTIONS
SEC. 301. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN
BORN OUTSIDE THE UNITED STATES.
(a) Automatic Citizenship Provisions.--
(1) Amendment of the ina.--Section 320 of the Immigration
and Nationality Act (8 U.S.C. 1431) is amended to read as
follows:
``SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN BORN
OUTSIDE THE UNITED STATES.
``(a) In General.--A child born outside of the United States
automatically becomes a citizen of the United States--
``(1) if the child is not an adopted child--
``(A) at least 1 parent of the child is a citizen
of the United States, whether by birth or
naturalization, who has been physically present (as
determined under subsection (b)) in the United States
or its outlying possessions for a period or periods
totaling not less than 5 years, at least 2 of which
were after attaining the age of 14 years; and
``(B) the child is under the age of 18 years; or
``(2) if the child is an adopted child, on the date of the
full and final adoption of the child--
``(A) at least 1 parent of the child is a citizen
of the United States, whether by birth or
naturalization, who has been physically present (as
determined under subsection (b)) in the United States
or its outlying possessions for a period or periods
totaling not less than 5 years, at least 2 of which
were after attaining the age of 14 years;
``(B) the child is an adoptable child;
``(C) the child is the beneficiary of a full and
final adoption decree entered by a foreign government
or a court in the United States; and
``(D) the child is under the age of 16 years.
``(b) Physical Presence.--For the purposes of subsection (a)(2)(A),
the requirement for physical presence in the United States or its
outlying possessions may be satisfied by the following:
``(1) Any periods of honorable service in the Armed Forces
of the United States.
``(2) Any periods of employment with the United States
Government or with an international organization as that term
is defined in section 1 of the International Organizations
Immunities Act (22 U.S.C. 288) by such citizen parent.
``(3) Any periods during which such citizen parent is
physically present outside the United States or its outlying
possessions as the dependent unmarried son or daughter and a
member of the household of a person--
``(A) honorably serving with the Armed Forces of
the United States; or
``(B) employed by the United States Government or
an international organization as defined in section 1
of the International Organizations Immunities Act (22
U.S.C. 288).
``(c) Full and Final Adoption.--In this section, the term `full and
final adoption' means an adoption--
``(1) that is completed under the laws of the child's
country of residence or the State law of the parent's
residence;
``(2) under which a person is granted full and legal
custody of the adopted child;
``(3) that has the force and effect of severing the child's
legal ties to the child's biological parents;
``(4) under which the adoptive parents meet the
requirements of section 305 of the Intercountry Adoption Reform
Act of 2007; and
``(5) under which the child has been adjudicated to be an
adoptable child in accordance with section 306 of the
Intercountry Adoption Reform Act of 2007.''.
(b) Conforming Amendment.--The table of contents in the first
section of the Immigration and Nationality Act (66 Stat. 163) is
amended by striking the item relating to section 320 and inserting the
following:
``Sec. 320. Conditions for automatic citizenship for children born
outside the United States.''.
(c) Effective Date.--This section shall take effect as if enacted
on June 27, 1952.
SEC. 302. REVISED PROCEDURES.
Notwithstanding any other provision of law, the following
requirements shall apply with respect to the adoption of foreign born
children by United States citizens:
(1) Upon completion of a full and final adoption, the
Secretary shall issue a United States passport and a Consular
Report of Birth for a child who satisfies the requirements of
section 320(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1431(a)(2)), as amended by section 301 of this Act, upon
application by a United States citizen parent.
(2) An adopted child described in paragraph (1) shall not
require the issuance of a visa for travel and admission to the
United States but shall be admitted to the United States upon
presentation of a valid, unexpired United States passport.
(3) No affidavit of support under section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183a) shall be
required in the case of any adoptable child.
(4) The Secretary of State, acting through the Ambassador
at Large, shall require that agencies provide prospective
adoptive parents an opportunity to conduct an independent
medical exam and a copy of any medical records of the child
known to exist (to the greatest extent practicable, these
documents shall include an English translation) on a date that
is not later than the earlier of the date that is 2 weeks
before the adoption, or the date on which prospective adoptive
parents travel to such a foreign country to complete all
procedures in such country relating to adoption.
(5) The Secretary of State, acting through the Ambassador
at Large, shall take necessary measures to ensure that all
prospective adoptive parents adopting internationally are
provided with training 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.
(6) The Secretary of State, acting through the Ambassador
at Large, shall take necessary measures to ensure that--
(A) prospective adoptive parents are given full
disclosure of all direct and indirect costs of
intercountry adoption before the parents are matched
with a child for adoption;
(B) fees charged in relation to the intercountry
adoption be on a fee-for-service basis, not on a
contingent fee basis; and
(C) that the transmission of fees between the
adoption agency, the country of origin, and the
prospective adoptive parents is carried out in a
transparent and efficient manner.
(7) The Secretary of State, acting through the Ambassador
at Large, shall take all measures necessary to ensure that all
documents provided to a country of origin on behalf of a
prospective adoptive parent are truthful and accurate.
SEC. 303. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED
STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.
(a) Nonimmigrant Classification.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding at
the end the following:
``(W) an adoptable child who is coming into the United
States for adoption by a United States citizen and a spouse
jointly or by an unmarried United States citizen at least 25
years of age, who has been approved to adopt by the Office of
International Adoption of the Department of State.''.
(2) Technical and conforming amendments.--Such section
101(a)(15) is further amended--
(A) by striking ``or'' at the end of subparagraph
(U); and
(B) by striking the period at the end of
subparagraph (V) and inserting ``; or''.
(b) Termination of Period of Authorized Admission.--Section 214 of
the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s) In the case of a nonimmigrant described in section
101(a)(15)(W), the period of authorized admission shall terminate on
the earlier of--
``(1) the date on which the adoption of the nonimmigrant is
completed by the courts of the State where the parents reside;
or
``(2) the date that is 4 years after the date of admission
of the nonimmigrant into the United States, unless a petitioner
is able to show cause as to why the adoption could not be
completed prior to such date and the Secretary of State extends
such period for the period necessary to complete the
adoption.''.
(c) Temporary Treatment as Legal Permanent Resident.--
Notwithstanding any other law, all benefits and protections that apply
to a legal permanent resident shall apply to a nonimmigrant described
in section 101(a)(15)(W) of the Immigration and Nationality Act, as
added by subsection (a), pending a full and final adoption.
(d) Exception From Immunization Requirement for Certain Adopted
Children.--Section 212(a)(1)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(1)(C)) is amended--
(1) in the heading by striking ``10 years'' and inserting
``18 years''; and
(2) in clause (i), by striking ``10 years'' and inserting
``18 years''.
(e) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall prescribe such
regulations as may be necessary to carry out this section.
SEC. 304. DEFINITION OF ADOPTABLE CHILD.
(a) In General.--Section 101(c) of the Immigration and Nationality
Act (8 U.S.C. 1101(c)) is amended by adding at the end the following:
``(3) The term `adoptable child' means an unmarried person under
the age of 18--
``(A)(i) whose biological parents (or parent, in the case
of a child who has one sole or surviving parent) or other
persons or institutions that retain legal custody of the
child--
``(I) 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 and that such consent has not been induced by
payment or compensation of any kind and has not been
given prior to the birth of the child;
``(II) are unable to provide proper care for the
child, as determined by the competent authority of the
child's residence; or
``(III) have voluntarily relinquished the child to
the competent authorities pursuant to the law of the
child's residence; or
``(ii) who, as determined by the competent authority of the
child's residence--
``(I) has been abandoned or deserted by their
biological parent, parents, or legal guardians; or
``(II) has been orphaned due to the death or
disappearance of their biological parent, parents, or
legal guardians;
``(B) with respect to whom the Secretary of State is
satisfied that the proper care will be furnished the child if
admitted to the United States;
``(C) with respect to whom the Secretary of State is
satisfied that the purpose of the adoption is to form a bona
fide parent-child relationship and that the parent-child
relationship of the child and the biological parents has been
terminated (and in carrying out both obligations under this
subparagraph, the Secretary of State, in consultation with the
Secretary of Homeland Security, may consider whether there is a
petition pending to confer immigrant status on one or both of
the biological parents);
``(D) with respect to whom the Secretary of State, is
satisfied that there has been no inducement, financial or
otherwise, offered to obtain the consent nor was it given
before the birth of the child;
``(E) with respect to whom the Secretary of State, in
consultation with the Secretary of Homeland Security, is
satisfied that the person is not a security risk; and
``(F) whose eligibility for adoption and emigration to the
United States has been certified by the competent authority of
the country of the child's place of birth or residence.''.
(b) Conforming Amendment.--Section 204(d) of the Immigration and
Nationality Act (8 U.S.C. 1154(d)) is amended by inserting ``and an
adoptable child as defined in section 101(c)(3)'' before ``unless a
valid home-study''.
SEC. 305. APPROVAL TO ADOPT.
(a) In General.--Prior to the issuance of a visa under section
101(a)(15)(W) of the Immigration and Nationality Act, as added by
section 303(a) of this Act, or the issuance of a full and final
adoption decree, the United States citizen adoptive parent shall have
approved by the Office a petition to adopt. Such petition shall be
subject to the same terms and conditions as are applicable to petitions
for classification under section 204.3 of title 8 of the Code of
Federal Regulations, as in effect on the day before the date of
enactment of this Act.
(b) Expiration of Approval.--Approval to adopt under this Act is
valid for 24 months from the date of approval. Nothing in this section
may prevent the Secretary of Homeland Security from periodically
updating the fingerprints of an individual who has filed a petition for
adoption.
(c) Expedited Reapproval Process of Families Previously Approved To
Adopt.--The Secretary of State shall prescribe such regulations as may
be necessary to provide for an expedited and streamlined process for
families who have been previously approved to adopt and whose approval
has expired, so long as not more than 4 years have lapsed since the
original application.
(d) Denial of Petition.--
(1) Notice of intent.--If the officer adjudicating the
petition to adopt finds that it is not readily approvable, the
officer shall notify the petitioner, in writing, of the
officer's intent to deny the petition. Such notice shall
include the specific reasons why the petition is not readily
approvable.
(2) Petitioner's right to respond.--Upon receiving a notice
of intent to deny, the petitioner has 30 days to respond to
such notice.
(3) Decision.--Within 30 days of receipt of the
petitioner's response the Office must reach a final decision
regarding the eligibility of the petitioner to adopt. Notice of
a formal decision must be delivered in writing.
(4) Right to an appeal.--Unfavorable decisions may be
appealed to the Department of State and, after the exhaustion
of the appropriate appeals process of the Department, to a
United States district court.
(5) Regulations regarding appeals.--Not later than 6 months
after the date of enactment of this Act, the Secretary of State
shall promulgate formal regulations regarding the process for
appealing the denial of a petition.
SEC. 306. ADJUDICATION OF CHILD STATUS.
(a) In General.--Prior to the issuance of a full and final adoption
decree or a visa under section 101(a)(15)(W) of the Immigration and
Nationality Act, as added by section 303(a) of this Act--
(1) the Ambassador at Large shall obtain from the competent
authority of the country of the child's residence a
certification, together with documentary support, that the
child sought to be adopted meets the definition of an adoptable
child; and
(2) not later than 15 days after the date of the receipt of
the certification referred to in paragraph (1), the Secretary
of State shall make a final determination on whether the
certification and the documentary support are sufficient to
meet the requirements of this section or whether additional
investigation or information is required.
(b) Process for Determination.--
(1) In general.--The Ambassador at Large shall work with
the competent authorities of the child's country of residence
to establish a uniform, transparent, and efficient process for
the exchange and approval of the certification and documentary
support required under subsection (a).
(2) Notice of intent.--If the Secretary of State determines
that a certification submitted by the competent authority of
the child's country of origin is not readily approvable, the
Ambassador at Large shall--
(A) notify the competent authority and the
prospective adoptive parents, in writing, of the
specific reasons why the certification is not
sufficient; and
(B) provide the competent authority and the
prospective adoptive parents the opportunity to address
the stated insufficiencies.
(3) Petitioners right to respond.--Upon receiving a notice
of intent to find that a certification is not readily
approvable, the prospective adoptive parents shall have 30 days
to respond to such notice.
(4) Decision.--Not later than 30 days after the date of
receipt of a response submitted under paragraph (3), the
Secretary of State shall reach a final decision regarding the
child's eligibility as an adoptable child. Notice of such
decision must be in writing.
(5) Right to an appeal.--Unfavorable decisions on a
certification may be appealed through the appropriate process
of the Department of State and, after the exhaustion of such
process, to a United States district court.
SEC. 307. FUNDS.
The Secretary of State shall provide the Ambassador at Large with
such funds as may be necessary for--
(1) the hiring of staff for the Office;
(2) investigations conducted by such staff; and
(3) travel and other expenses necessary to carry out this
Act.
TITLE IV--ENFORCEMENT
SEC. 401. CIVIL PENALTIES AND ENFORCEMENT.
(a) Civil Penalties.--A person 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 if such person--
(1) violates a provision of this Act or an amendment made
by this Act;
(2) makes a false or fraudulent statement, or
misrepresentation, 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 for an approval under title II;
(B) the relinquishment of parental rights or the
giving of parental consent relating to the adoption of
a child; 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 (1)
or (2).
(b) Civil Enforcement.--
(1) Authority of attorney general.--The Attorney General
may bring a civil action to enforce subsection (a) against any
person in any United States district court.
(2) Factors to be considered in imposing penalties.--In
imposing penalties the court shall consider the gravity of the
violation, the degree of culpability of the defendant, and any
history of prior violations by the defendant.
SEC. 402. CRIMINAL PENALTIES.
Whoever knowingly and willfully commits a violation described in
paragraph (1) or (2) of section 401(a) shall be subject to a fine of
not more than $250,000, imprisonment for not more than 5 years, or
both.
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