Congress 109 - HR 5726 - ICARE Act

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

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Summary

Intercountry Adoption Reform Act of 2006 or the ICARE Act - Establishes an Office of Intercountry Adoptions within the Department of State to be headed by the Ambassador at Large for Intercountry Adoptions. Transfers to the Office all functions with respect to intercountry adoptions currently performed by the Department of Homeland Security (DHS).

Amends the Immigration and Nationality Act to revise: (1) conditions for automatic citizenship for children born outside the United States, including for adopted children; and (2) requirements concerning the history of parents' physical presence in the United States or its possessions. Defines the term "full and final adoption." Prescribes procedural requirements for the adoption of foreign-born children by U.S. citizens.

Establishes a nonimmigrant W-visa for an adoptable child coming into the United States for adoption by a U.S. citizen and spouse or by an unmarried U.S. citizen at least 25 years of age who has been approved by the Office of International Adoption of the Department of State. Sets forth the period of authorized admission for such a nonimmigrant.

Exempts adopted children of 18 years of age or younger (currently, 10 years of age or younger) from immunization requirements.

Redefines the term "adoptable child."

Requires U.S. citizen adoptive parents to obtain approval of an adoption petition prior to issuance of a visa or a full and final adoption decree. Subjects such petitions 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.

Prescribes procedural requirements for the issuance of a visa and a full and final adoption decree for foreign-born children, including requirements for the Ambassador to: (1) determine whether a child is an adoptable child; and (2) work with the competent authorities of the child's country of residence to establish a process for the exchange and approval of a certification that the child sought to be adopted meets the definition of an adoptable child.

Requires the Secretary to issue a final decision regarding the child's eligibility as an adoptable child within 30 days. Allows an appeal.

Provides for civil penalties and enforcement.

Actions

Jun 29, 2006

Referred to the Committee on International Relations, 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.
Jun 29, 2006

Introduced in House

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