[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1487 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                S. 1487

_______________________________________________________________________

                                 AN ACT


 
       To establish a National Voluntary Mutual Reunion Registry.

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

SECTION. 1. NATIONAL VOLUNTARY MUTUAL REUNION REGISTRY.

    Part E of title IV of the Social Security Act (42 U.S.C. 670 et 
seq.) is amended by adding at the end the following:

``SEC. 479A. NATIONAL VOLUNTARY MUTUAL REUNION REGISTRY.

    ``(a) Exchange of Mutually Requested Identifying Information.--The 
Secretary, in the discretion of the Secretary and provided that there 
is no net cost to the Federal Government, may use the facilities of the 
Department of Health and Human Services to facilitate the voluntary, 
mutually requested exchange of identifying information that has been 
mutually consented to, by an adult adopted individual who is 21 years 
of age or older with--
            ``(1) any birth parent of the adult adopted individual; or
            ``(2) any adult sibling who is 21 years of age or older, of 
        the adult adopted individual,
if all such persons involved have, on their own initiative, consented 
by a signed notarized statement to the exchange of such identifying 
information.
    ``(b) Requirements.--The Secretary shall ensure that a National 
Voluntary Mutual Reunion Registry established under this section (in 
this section referred to as the ``Registry'') meets the following 
requirements:
            ``(1) Centralized Capacity.--The Registry provides a 
        centralized nationwide capacity for the information described 
        in subsection (a) and utilizes appropriately designed computer 
        and data processing methods to protect the privacy of the 
        information contained in the Registry, and does not intrude on 
        any other data system maintained by the Department of Health 
        and Human Services.
            ``(2) Establishment of procedures.--The Registry complies 
        with procedures established by the Secretary that provide 
        that--
                    ``(A) only information necessary to facilitate a 
                match shall be contained in the Registry and the 
                Registry shall not attempt to make contact for the 
                purpose of facilitating a reunion with any individual 
                who is not entered into or participating in the 
                Registry;
                    ``(B) to the maximum extent feasible, the 
                confidentiality and privacy rights and interests of all 
                parties participating in the Registry are protected; 
                and
                    ``(C) information pertaining to any individual that 
                is maintained in connection with any activity carried 
                out under this section shall be confidential and not be 
                disclosed for any purpose without the prior, written, 
                informed consent of the individual with respect to whom 
                such information applies or is maintained.
    ``(c) Reasonable fees.--Reasonable fees, established by taking into 
consideration, and not to exceed, the average charge of comparable 
services offered by States, may be collected for services provided 
under this section.
    ``(d) Penalty for Violation.--
            ``(1) Fine and imprisonment.--Any individual or entity that 
        is found to have disclosed or used confidential information in 
        violation of the provisions of this section shall be subject to 
        a fine of $5000 and imprisonment for a period not to exceed 1 
        year.
            ``(2) Nonapplicability of section 3571 of title 18, united 
        states code.--The provisions of section 3571 of title 18, 
        United States Code, shall not apply to a violation described in 
        paragraph (1).
    ``(e) No Preemption.--Nothing in this section invalidates or limits 
any law of a State or of a political subdivision of a State concerning 
adoption and the confidentiality of that State's sealed adoption record 
policy.''.

            Passed the Senate November 8, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                S. 1487

_______________________________________________________________________

                                 AN ACT

       To establish a National Voluntary Mutual Reunion Registry.