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S. 683 (is) To amend the Nuclear Waste Policy Act of 1982 to allow commercial nuclear utilities that have contracts with the Secretary of Energy under section 302 of that Act to receive credits to offset the cost of storing spent fuel that the Secretary i...


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                                                       Calendar No. 523
106th CONGRESS
  2d Session
                                 S. 682

                          [Report No. 106-276]

  To implement the Hague Convention on Protection of Children and Co-
 operation in Respect of Intercountry Adoption, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1999

 Mr. Helms (for himself, Ms. Landrieu, and Mr. Johnson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

                             April 27, 2000

                Reported by Mr. Helms, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To implement the Hague Convention on Protection of Children and Co-
 operation in Respect of Intercountry Adoption, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Intercountry Adoption Convention Implementation Act of 
1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
           <DELETED>TITLE I--UNITED STATES CENTRAL AUTHORITY

<DELETED>Sec. 101. Performance of central authority functions.
<DELETED>Sec. 102. Authority of the Department of State.
<DELETED>Sec. 103. Responsibilities of the Secretary of State.
<DELETED>Sec. 104. Responsibilities of the Attorney General.
<DELETED>Sec. 105. Annual report on intercountry adoptions.
  <DELETED>TITLE II--ACCREDITATION OF PERSONS PROVIDING INTERCOUNTRY 
                           ADOPTION SERVICES

<DELETED>Sec. 201. Eligibility to provide intercountry adoption 
                            services.
<DELETED>Sec. 202. Accrediting entities.
<DELETED>Sec. 203. Eligibility for accreditation.
<DELETED>Sec. 204. Oversight of accreditation.
 <DELETED>TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                                 STATES

<DELETED>Sec. 301. Adoptions of children immigrating to the United 
                            States.
<DELETED>Sec. 302. Amendments of the Immigration and Nationality Act.
<DELETED>Sec. 303. Adoptions of children emigrating from the United 
                            States.
<DELETED>Sec. 304. Special rules for certain cases.
<DELETED>Sec. 305. Voiding of adoptions for cause.
<DELETED>Sec. 306. Recognition of Convention adoptions before entry 
                            into force of Convention for the United 
                            States.
           <DELETED>TITLE IV--ADMINISTRATION AND ENFORCEMENT

<DELETED>Sec. 401. Records; privacy provisions.
<DELETED>Sec. 402. Documents of other Convention countries.
<DELETED>Sec. 403. Authorization of appropriations; collection of fees.
<DELETED>Sec. 404. Enforcement.
                  <DELETED>TITLE V--GENERAL PROVISIONS

<DELETED>Sec. 501. Relation to other laws.
<DELETED>Sec. 502. No private right of action.
<DELETED>Sec. 503. Effective date; transition provisions.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress recognizes--</DELETED>
        <DELETED>    (1) the international character of the Convention, 
        and</DELETED>
        <DELETED>    (2) the need for uniform interpretation and 
        implementation of the Convention in the United States and 
        abroad,</DELETED>
<DELETED>and therefore finds that enactment of a Federal law governing 
intercountry adoptions subject to the Convention is 
necessary.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Accredited person.--The term ``accredited 
        person'' means a person (including an agency), not organized 
        for profit, that has been accredited in accordance with title 
        II to provide adoption services and to perform other functions 
        under the Convention.</DELETED>
        <DELETED>    (2) Accrediting entity.--The term ``accrediting 
        entity'' means an entity designated under section 
        202(a).</DELETED>
        <DELETED>    (3) Adoption services.--The term ``adoption 
        services'' means--</DELETED>
                <DELETED>    (A) identifying children for adoption and 
                arranging adoptions;</DELETED>
                <DELETED>    (B) securing necessary documentation of 
                consent to termination of parental rights and to 
                adoption;</DELETED>
                <DELETED>    (C) performing background studies on 
                children, home studies on prospective adoptive parents, 
                and reports of such studies;</DELETED>
                <DELETED>    (D) making determinations of the best 
                interests of the child and the appropriateness of 
                adoptive placement;</DELETED>
                <DELETED>    (E) counseling children and birth and 
                adoptive parents with respect to adoption;</DELETED>
                <DELETED>    (F) engaging in post-placement monitoring 
                of cases until final adoption; and</DELETED>
                <DELETED>    (G) if necessary because of disruption in 
                the adoption process, assuming custody of a child, and 
                providing child care or other social services, pending 
                an alternative placement of the child.</DELETED>
        <DELETED>    (4) Agency.--The term ``agency'' means any public 
        entity or private corporation, partnership, organization, or 
        other association.</DELETED>
        <DELETED>    (5) Attorney general.--The term ``Attorney 
        General'' means the Attorney General, acting through the 
        Commissioner of Immigration and Naturalization.</DELETED>
        <DELETED>    (6) Birth parent.--The term ``birth parent'' means 
        the biological mother and, where applicable under the law of 
        the place of birth of the child, the biological father of the 
        child who is the subject of an adoption.</DELETED>
        <DELETED>    (7) Central authority.--The term ``central 
        authority'' means the entity designated by any Convention 
        country under Article 6(1) of the Convention as having primary 
        responsibility for the discharge of the obligations of that 
        country under the Convention.</DELETED>
        <DELETED>    (8) Central authority function.--The term 
        ``central authority function'' means any duty required to be 
        carried out by a central authority under chapter III or IV of 
        the Convention.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (10) Convention adoption.--The term ``Convention 
        adoption'' means, upon entry into force of the Convention in 
        the United States--</DELETED>
                <DELETED>    (A) an adoption (or prospective adoption) 
                of a child habitually resident in a foreign country 
                party to the Convention by a United States citizen; 
                or</DELETED>
                <DELETED>    (B) an adoption (or prospective adoption) 
                of a child habitually resident in the United States by 
                a person or persons residing in another Convention 
                country.</DELETED>
        <DELETED>    (11) Convention adoption record.--The term 
        ``Convention adoption record'' means any item, collection, or 
        grouping of information, including any index, 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 a final adoption 
        resulted) and that has been identified and retained in 
        accordance with section 401(a) by the Secretary of State or the 
        Attorney General.</DELETED>
        <DELETED>    (12) Convention country.--The term ``Convention 
        country'' means a country party to the Convention.</DELETED>
        <DELETED>    (13) Other convention country.--The term ``other 
        Convention country'' means a Convention country other than the 
        United States.</DELETED>
        <DELETED>    (14) Person.--The term ``person'' has the meaning 
        given the term in section 1 of title 1, United States 
        Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (16) 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.</DELETED>

      <DELETED>TITLE I--UNITED STATES CENTRAL AUTHORITY</DELETED>

<DELETED>SEC. 101. PERFORMANCE OF CENTRAL AUTHORITY 
              FUNCTIONS.</DELETED>

<DELETED>    All central authority functions of the United States shall 
be carried out by the Department of State and other officials of the 
United States specified in this Act.</DELETED>

<DELETED>SEC. 102. AUTHORITY OF THE DEPARTMENT OF STATE.</DELETED>

<DELETED>    (a) In General.--Except as otherwise provided in this Act, 
for purposes of the Convention--</DELETED>
        <DELETED>    (1) the Department of State shall serve as the 
        central authority of the United States; and</DELETED>
        <DELETED>    (2) the Secretary of State shall serve as the head 
        of the central authority of the United States.</DELETED>
<DELETED>    (b) State Department Personnel Performing Central 
Authority Functions.--All personnel of the Department of State 
performing central authority functions in a professional capacity shall 
have 3 to 5 years of personal or professional experience in 
international adoptions.</DELETED>
<DELETED>    (c) Authority To Issue Regulations.--Except as otherwise 
provided in this Act, the Secretary of State may prescribe such 
regulations as may be necessary to carry out central authority 
functions on behalf of the United States.</DELETED>

<DELETED>SEC. 103. RESPONSIBILITIES OF THE SECRETARY OF 
              STATE.</DELETED>

<DELETED>    (a) Liaison Responsibilities.--The Secretary of State 
shall have primary responsibility for--</DELETED>
        <DELETED>    (1) liaison with the central authorities of other 
        Convention countries; and</DELETED>
        <DELETED>    (2) the coordination of activities under the 
        Convention by persons subject to the jurisdiction of the United 
        States.</DELETED>
<DELETED>    (b) Information Exchange.--The Secretary of State shall be 
responsible for--</DELETED>
        <DELETED>    (1) providing the central authorities of other 
        Convention countries with information concerning--</DELETED>
                <DELETED>    (A) persons accredited under title II, 
                persons whose accreditation is suspended or canceled, 
                and persons temporarily or permanently debarred from 
                accreditation;</DELETED>
                <DELETED>    (B) Federal and State laws relevant to 
                implementing the Convention; and</DELETED>
                <DELETED>    (C) any other matters necessary and 
                appropriate for implementation of the 
                Convention;</DELETED>
        <DELETED>    (2) providing Federal agencies, State courts, and 
        accredited persons with an identification of Convention 
        countries and persons authorized to perform functions under the 
        Convention in each such country;</DELETED>
        <DELETED>    (3) facilitating the transmittal of other 
        appropriate information to, and among, central authorities, 
        Federal and State agencies (including State courts), and 
        accredited persons; and</DELETED>
        <DELETED>    (4) taking other appropriate actions necessary to 
        implement the Convention.</DELETED>
<DELETED>    (c) Additional Responsibilities.--The Secretary of State--
</DELETED>
        <DELETED>    (1) shall monitor individual Convention adoption 
        cases involving United States citizens;</DELETED>
        <DELETED>    (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 
        person is unwilling or unable to provide such facilitation; 
        and</DELETED>
        <DELETED>    (3) may provide any other appropriate assistance 
        in other cases.</DELETED>
<DELETED>    (d) Establishment of Registry.--The Secretary of State and 
the Attorney General shall jointly establish a case registry on--
</DELETED>
        <DELETED>    (1) all adoptions involving immigration into the 
        United States, regardless of whether the adoption occurs under 
        the Convention; and</DELETED>
        <DELETED>    (2) all adoptions involving emigration of the 
        child from the United States to any other Convention 
        country.</DELETED>
<DELETED>Such registry shall permit tracking of pending cases and 
retrieval of information on both pending and closed cases.</DELETED>

<DELETED>SEC. 104. RESPONSIBILITIES OF THE ATTORNEY GENERAL.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 105. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.</DELETED>

<DELETED>    (a) Reports Required.--Beginning one year after the date 
of enactment of this Act, and every year thereafter, the Secretary of 

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