[Senate Report 112-234]
[From the U.S. Government Publishing Office]
Calendar No. 539
112th Congress Report
SENATE
2d Session 112-234
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INTERCOUNTRY ADOPTION UNIVERSAL
ACCREDITATION ACT OF 2012
_______
November 13, 2012.--Ordered to be printed
Mr. Kerry, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany S. 3331]
The Committee on Foreign Relations, having had under
consideration the bill S. 3331, to provide for universal
intercountry adoption accreditation standards, and for other
purposes, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................1
IV. Cost Estimate....................................................2
V. Evaluation of Regulatory Impact..................................4
VI. Changes in Existing Law..........................................4
I. Purpose
The purpose of S. 3331 is to provide for universal
intercountry adoption accreditation standards, and for other
purposes.
II. Committee Action
S. 3331 was introduced by Senators Kerry, Lugar, Landrieu,
and Inhofe on June 21, 2012. On September 19, 2012, the
committee ordered the bill reported favorably by voice vote.
III. Discussion
The purpose of S. 3331 is to provide for universal
intercountry adoption accreditation standards. The bill will
require any person offering or providing adoption services in
connection with a child from a country that is not a party to
the Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, done at The Hague on May 29,
1993 (``the Convention'') to adhere to accreditation standards
described in the Intercountry Adoption Act of 2000 (42 U.S.C.
14943) and required previously of any person offering or
providing adoption services in connection with a child from a
country that is a party to the Convention.
This provision of the bill will be effective 18 months
after the date of enactment.
The bill also eliminates section 403, subsection (c) in the
Intercountry Adoption Act of 2000 (42 U.S.C. 14943). Striking
this section would remove a restriction on funding for an
accrediting entity.
IV. Cost Estimate
In accordance with Rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee provides this
estimate of the costs of this legislation prepared by the
Congressional Budget Office.
United States Congress,
Congressional Budget Office,
Washington, DC, October 17, 2012.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3331, the
Intercountry Adoption Universal Accreditation Act of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S. 3331--Intercountry Adoption Universal Accreditation Act of 2012
S. 3331 would expand the accreditation standards in the
Intercountry Adoption Act of 2000 to cover all international
adoptions. Currently, those standards apply only to adoptions
from countries that are parties to the Convention on Protection
of Children and Cooperation in Respect of Intercountry Adoption
(Hague Convention).
The Department of State and U.S. Citizenship and
Immigration Services share the responsibility of overseeing
adoptions from Hague Convention countries and also have staff
to monitor adoptions from countries that are not parties to the
convention. Based on information from both agencies, CBO
estimates that no additional personnel would be required to
implement the bill but that employees currently handling
nonconvention cases would need training to implement the
accreditation standards under the Hague Convention. Thus, CBO
estimates that the bill would have insignificant discretionary
costs over the 2013-2017 period, assuming the availability of
appropriated funds.
CBO further estimates that under the bill the number of
adoptions from nonconvention countries would decline. With
fewer people entering the United States through adoption, the
demand for government programs such as the Supplemental
Nutrition Assistance Program and Medicaid would be reduced. CBO
estimates that very few people would be affected and, thus,
that enacting the bill would reduce direct spending for such
programs by less than $500,000 over the 2013-2022 period.
Enacting S. 3331 also would increase revenues from civil
penalties imposed on those who violate the regulations
governing international adoptions. CBO estimates that few
people would be affected by such penalties and, thus, that
additional revenues deposited in the Treasury would not be
significant over the 2013-2022 period.
Because enacting S. 3331 would affect direct spending and
revenues, pay-as-you-go procedures apply. However, as discussed
above, CBO estimates that any such effectswould not be
significant in any year.
S. 3331 contains an intergovernmental mandate as defined in
Unfunded Mandates Reform Act (UMRA) because it would expand
federal accreditation and approval requirements to virtually
every case involving intercountry adoptions. That expansion
would preempt some state adoption laws that govern the
licensure and approval of adoption service providers who are
involved in intercountry adoption services' specifically if the
state laws are inconsistent with the federal accreditation and
approval requirements. Currently, only intercountry adoptions
between the United States and a country that is a party to the
Convention on Protection of Children and Cooperation in Respect
of Intercountry Adoption are subject to federal accreditation
and approval standards. While the preemption would limit the
application of state law, CBO estimates that it would impose no
duty on state, local, or tribal governments that would result
in additional spending.
S. 3331 would impose a private-sector mandate by requiring
all providers of placement services for intercountry adoptions
to be compliant with the accreditation standards of the Hague
Convention. Providers would be required to obtain accreditation
through a designated accrediting agency, pay fees associated
with obtaining and maintaining accreditation, and purchase
insurance to cover potential liabilities associated with
conducting adoption services. The initial fees for obtaining
accreditation can range between $10,000 and $16,000 depending
on the size and annual revenue of the entity seeking
accreditation. Annual fees to maintain accreditation are less
than $1,000 on average, but are also subject to change based on
the revenue of the entity. The cost of liability insurance for
adoption agencies varies from state to state and can range
between $10,000 and $50,000 per year. Based on information
gathered from industry professionals, the Department of Health
and Human Services, and an accreditation agency, the number of
entities that would be affected is relatively small. Therefore,
CBO estimates that the aggregate cost of the mandate to the
private sector would fall below the annual threshold
established in UMRA ($146 million in 2012, adjusted annually
for inflation).
The CBO staff contacts for this estimate are: Sunita
D'Monte and Jonathan Morancy (for federal costs), J'nell Blanco
(for the intergovernmental impact), and Marin Randall (for the
impact on the private sector). The estimate was approved by
Theresa Gullo, Deputy Assistant Director for Budget Analysis.
V. Evaluation of Regulatory Impact
In accordance with Rule XXVI, paragraph 11(b) of the
Standing Rules of the Senate, the committee has concluded that
there will be minimal regulatory impact from this legislation
because most of the agencies providing intercountry adoption
services have already obtained accreditation by virtue of their
work in countries that are parties to the Convention. The State
Department estimates that approximately 200 adoption agencies
will seek to attain accreditation as a result of this
legislation. The committee also notes that the legislation
provides for delayed implementation of accreditation
requirements.
VI. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman).
INTERCOUNTRY ADOPTION ACT OF 2000
* * * * * * *
SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES
(a) Authorization of Appropriations.--(1) In general.--
There are authorized to be appropriated such sums as may be
necessary to agencies of the Federal Government implementing
the Convention and the provisions of this chapter.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(b) Assessment of Fees.--(1) The Secretary may charge a fee
for new or enhanced services that will be undertaken by the
Department of State to meet the requirements of this chapter
with respect to intercountry adoptions under the Convention and
comparable services with respect to other intercountry
adoptions. Such fee shall be prescribed by regulation and shall
not exceed the cost of such services.
(2) Fees collected under paragraph (1) shall be retained
and deposited as an offsetting collection to any Department of
State appropriation to recover the costs of providing such
services. Such fees shall remain available for obligation until
expended.
[(c) Restriction.--No funds collected under the authority
of this section may be made available to an accrediting entity
to carry out the purposes of this chapter.]