Intercountry Adoption Reform Act of 2004 or ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State (DOS). Requires the President to appoint an Ambassador at Large to head the Office.
Transfers to the Office all immigration functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).
Amends the Immigration and Nationality Act to grant automatic U.S. citizenship to internationally adopted children upon entry of a full and final adoption decree (thus dispensing with the need for such children to obtain visas).
Creates a new W nonimmigrant visa category for children traveling to the United States to be adopted by U.S. citizens.
Allows adopted children age 18 or under to claim an exception to immunization requirements for purposes of admissibility (currently limited to those age 10 or under).
Redefines the term "adoptable child."
Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a W visa or a full and final adoption decree. Provides that such petitions are subject to the terms applicable to orphan petitions. Directs the Secretary of State to issue regulations: (1) establishing an expedited reapproval process for families whose prior approvals to adopt have expired; and (2) governing the appeal of petition denials.
Requires the Office to determine whether a child is an adoptable child, pursuant to specified procedures, as a prerequisite to the issuance of a W visa or a full and final adoption decree.
Sets forth civil and criminal penalties for certain violations.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3031 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 3031
To provide for the reform of intercountry adoption, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2004
Mr. Nickles (for himself, Ms. Landrieu, Mr. Craig, and Mr. Inhofe)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the reform of intercountry adoption, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercountry Adoption Reform Act of
2004'' or the ``ICARE Act''.
SEC. 2. 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 2001, they adopted 19,237 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 interests and 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 intercountry adoptions take place 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 by making
it more citizen friendly and focused on the protection of the
child.
SEC. 3. 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 204(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 101(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 205; and
(E) under which the child has been adjudicated to
be an adoptable child in accordance with section 206.
(6) Office.--The term ``Office'' means the Office of
Intercountry Adoptions established under section 101(a).
(7) Readily approvable.--A petition or certification is
considered ``readily approvable'' if the documentary support
provided demonstrates that the petitioner satisfies the
eligibility requirements and no additional information or
investigation is necessary.
TITLE I--ADMINISTRATION OF INTERCOUNTRY ADOPTIONS
Subtitle A--In General
SEC. 101. OFFICE OF INTERCOUNTRY ADOPTIONS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, there is to be established within the Department
of State, an Office of Intercountry Adoptions which shall be headed by
the Ambassador at Large for Intercountry Adoptions who shall be
appointed pursuant to subsection (b).
(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, taking care
to ensure that the individual who serves as Ambassador is free
from any conflicts of interest that might inhibit such
individual's ability to serve as Ambassador.
(2) Authority.--The Ambassador at Large shall report
directly to the Secretary of State, in consultation with the
Assistant Secretary for Consular Affairs. The Ambassador at
Large has no independent regulatory authority.
(3) Duties of the ambassador at large.--In carrying out the
functions of the Office, 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 intercountry adoptions
take place in the best interests 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,
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.--On September 1 of each year, the
Secretary of State, with the assistance of the
Ambassador at Large, shall prepare and transmit
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 United States citizens to adopt
foreign born children.
(2) Child adjudication.--To investigate and adjudicate the
status of a child born abroad to determine their eligibility as
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 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 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 housed in a centralized office located in
Washington, D.C. Within the Washington, D.C. office, there
shall be 7 divisions corresponding to the 7 functions of the
Office. All 7 divisions and their respective directors 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 those currently 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) Use of existing systems.--Whenever possible, the Office
shall utilize systems currently in place that ensure
protections against child trafficking.
(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. 102. 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. 103. TECHNICAL AND CONFORMING AMENDMENT.
Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C.
14914) is repealed.
Subtitle B--Transition Provisions
SEC. 111. 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 Commissioner of Immigration and Naturalization, the Immigration and
Naturalization Service (or any officer, employee, or component
thereof), of the Department of Homeland Security (or any officer,
employee, or component thereof) immediately prior to the effective date
of this title, are transferred to the Office on the effective date of
this title for exercise by the Ambassador at Large in accordance with
applicable laws and title II of 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 title.
(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 title, 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. 112. TRANSFER OF RESOURCES.
Subject to section 1531 of title 31, United States Code, upon the
effective date of this title, there are transferred to the Ambassador
at Large for appropriate allocation in accordance with section 115, 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 Immigration and Naturalization Service or the
Department of Homeland Security in connection with the functions
transferred pursuant to this title.
SEC. 113. 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 title. The Ambassador
at Large shall provide for such further measures and dispositions as
may be necessary to effectuate the purposes of this title.
SEC. 114. 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, 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 title; 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 111
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 title before
an office whose functions are transferred pursuant to this
title, 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 title shall not affect suits commenced before the
effective date of this title, 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 title 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
title 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 title, 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 title 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.
Subtitle C--Effective Date
SEC. 121. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE II--REFORM OF UNITED STATES LAWS GOVERNING INTERCOUNTRY ADOPTIONS
SEC. 201. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED CHILDREN
BORN OUTSIDE THE UNITED STATES.
(a) Amendments of Automatic Citizenship Provisions.--Section 320 of
the Immigration and Nationality Act (8 U.S.C. 1431) is amended--
(1) by amending the section heading to read as follows:
``Children Born Outside the United States; Conditions Under
Which Citizenship Automatically Acquired''; and
(2) in subsection (a), by striking paragraphs (1) through
(3) and inserting the following:
``(1) Upon the date the adoption becomes full and final, at
least 1 parent of the child is a citizen of the United States,
whether by birth or naturalization, who has been physically
present 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. Any periods of
honorable service in the Armed Forces of the United States, or 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, or any periods during which such citizen parent is
physically present abroad 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);
may be included in order to satisfy the physical presence
requirement of this paragraph.
``(2) The child is an adoptable child described in section
101(c)(3).
``(3) The child is the beneficiary of a full and final
adoption decree entered by a foreign government or a court in
the United States.
``(4) For purposes of this subsection, the term `full and
final adoption' means an adoption--
``(A) that is completed under 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 205 of the Intercountry
Adoption Reform Act of 2004; and
``(E) under which the child has been adjudicated to
be an adoptable child in accordance with section 206 of
the Intercountry Adoption Reform Act of 2004.''.
(b) Effective Date.--This section shall take effect as if enacted
on January 1, 1950.
SEC. 202. 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 of State shall issue a United States passport and a
Consular Report of Birth for a child who satisfies the
requirements of section 320 of the Immigration and Nationality
Act (8 U.S.C. 1431), as amended by section 201 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)(A) The Secretary of State 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.
(B) The Secretary of State shall not require an adopted
child described in paragraph (1) to undergo a medical exam for
the purpose of excluding the child's immigration to the United
States.
(5) The Secretary of State 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 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 they are matched with
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 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. 203. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE UNITED
STATES TO BE ADOPTED BY A UNITED STATES CITIZEN.
(a) In General.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``; or''; and
(3) 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.''.
(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 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. 204. 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. 205. 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 203(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 3 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) Petitioners 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. 206. 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 203(a) of this Act--
(1) the Office 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 description 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 Office
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 Office finds that the
certification submitted by the competent authority of the
child's country of origin is not readily approvable, the Office
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 Office
must 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 to the Department of State and,
after the exhaustion of the appropriate appeals process of the
Department, to a United States district court.
TITLE III--FUNDING
SEC. 301. 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 the Office; and
(3) travel and other expenses necessary to carry out this
Act.
TITLE IV--ENFORCEMENT
SEC. 401. 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.
(c) Criminal Penalties.--Whoever knowingly and willfully commits a
violation described in 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11900-11901)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S11901-11905)
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