[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3803 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3803

  To establish national and State putative father registries, to make 
   grants to States to promote responsible fatherhood, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2006

 Ms. Landrieu introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To establish national and State putative father registries, to make 
   grants to States to promote responsible fatherhood, 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 ``Protecting Rights of Unknowing Dads 
and Fostering Access To Help Encourage Responsibility (Proud Father) 
Act of 2006''.

SEC. 2. ESTABLISHMENT OF NATIONAL AND STATE PUTATIVE FATHER REGISTRIES 
              TO FACILITATE ADOPTIONS.

    Part B of title IV of the Social Security Act (42 U.S.C. 620 et 
seq.) is amended by adding at the end the following:

     ``Subpart 3--National and State Putative Father Registries to 
                          Facilitate Adoptions

``SEC. 440. DEFINITIONS.

    ``In this subpart:
            ``(1) Business day.--The term `business day' means a day on 
        which Federal and State offices are open for regular business.
            ``(2) Home address.--The term `home address' means the most 
        recent place of residence of an individual.
            ``(3) National putative father registry.--The term 
        `National Putative Father Registry' means the registry 
        established and maintained under section 441.
            ``(4) Notice.--The term `notice' means notice sufficient to 
        satisfy any requirements under State law applicable with 
        respect to notice to a putative father of paternity, of a 
        proceeding to terminate his rights to a child, or of a 
        proceeding that is related to a planned or pending adoption in 
        that State of a child he has, or may have fathered, or the 
        entry of such a child into State custody.
            ``(5) Overnight mail.--The term `overnight mail' includes 
        any courier or carrier that guarantees delivery by the next 
        business morning.
            ``(6) Pending adoption.--The term `pending adoption' means 
        any adoption in which an adoption petition has been filed with 
        a court pursuant to State law.
            ``(7) Planned adoption.--The term `planned adoption' means 
        any adoption in which the birth mother has formally contacted 
        an attorney or a State licensed adoption agency about placing 
        her child for adoption.
            ``(8) Putative father.--The term `putative father' means a 
        man who has had sexual relations with a woman to whom he is not 
        married and is therefore presumed to know that such woman may 
        be pregnant as a result of such relations.
            ``(9) Search.--The term `search' means a request for 
        information regarding a man who had sexual relations with a 
        woman to whom he is not married and is therefore presumed to 
        know that such woman may be pregnant.
            ``(10) State putative father registry.--The term `State 
        Putative Father Registry' means, with respect to a State, the 
        registry established or modified and maintained under section 
        444 for that State.

``SEC. 441. NATIONAL PUTATIVE FATHER REGISTRY.

    ``(a) Establishment and Maintenance.--
            ``(1) In general.--Not later than the date that is 180 days 
        after the date of enactment of this Act, the Secretary shall 
        establish and maintain an automated National Putative Father 
        Registry that contains the information described in section 
        444(b).
            ``(2) Data entry and deletion requirements.--
                    ``(A) Data entry.--Information transmitted by a 
                State under section 444(d)(2) shall be entered into the 
                National Putative Father Registry not later than the 
                date that is 2 business days after the date on which 
                such information is received.
                    ``(B) Deletion of data.--Information entered into 
                the National Putative Father Registry shall remain in 
                the registry for not less than 20 years from the date 
                of entry.
            ``(3) Access to information in the national putative father 
        registry.--Access to the information contained in the National 
        Putative Father Registry is limited to the organizational unit 
        that is responsible for administering the State Putative Father 
        Registry under section 443(3) and any State agencies or 
        entities that are involved in the placement of children.
            ``(4) Search requests.--
                    ``(A) In general.--The Secretary shall only accept 
                a request from an eligible party described in 
                subparagraph (B) to search the National Putative Father 
                Registry if such request has been verified for 
                authenticity.
                    ``(B) Eligible parties described.--The eligible 
                parties described in this subparagraph are as follows:
                            ``(i) Public and licensed private adoption 
                        or child placement agencies accessing 
                        information for an adoption or termination of 
                        parental rights.
                            ``(ii) Licensed attorneys representing a 
                        party in a planned or pending adoption or the 
                        termination of rights of a putative father.
                            ``(iii) The State agency responsible for 
                        administering the State plan under part D of 
                        title IV.
                            ``(iv) State agencies or entities 
                        responsible for the placement of children.
                            ``(v) State courts.
                    ``(C) Fee.--The Secretary is authorized to charge a 
                reasonable fee for a search conducted under this 
                subsection.
            ``(5) Limitation on disclosure of information.--No 
        information contained in the National Putative Father Registry 
        shall be disclosed to any person if the disclosure of such 
        information would contravene a national security interest of 
        the United States or if such disclosure would compromise the 
        confidentiality of census data.
            ``(6) Methods for requesting a search of the national 
        database.--A person who is eligible to request a search under 
        this section may do so either electronically or through 
        certified mail.
            ``(7) Certificate of search.--
                    ``(A) Issuance.--Within 2 business days of a search 
                request filed under paragraph (4), the Secretary shall 
                issue by certified mail a certificate of search to the 
                person who requested the search.
                    ``(B) Contents.--The certificate of search shall 
                contain--
                            ``(i) the names and most recent contact 
                        information for possible putative fathers; and
                            ``(ii) the State Putative Father Registries 
                        included in the search.
                    ``(C) Effect of certificate.--A certificate issued 
                under this paragraph shall serve as rebuttable evidence 
                of efforts to locate a putative father and provide him 
                with notice of paternity, of a proceeding to terminate 
                his parental rights, or of a proceeding related to a 
                pending or planned adoption of a child he has, or may 
                have fathered, or the entry of such a child into State 
                custody.
            ``(8) Notice to registered putative fathers.--Each putative 
        father identified by a certificate of search issued in response 
        to a request under paragraph (4)(A) shall be provided notice in 
        such form and manner as is specified by State law of any of the 
        following:
                    ``(A) A proceeding related to a pending or planned 
                adoption of a child he has, or may have, fathered.
                    ``(B) A proceeding to terminate parental rights to 
                a child.
                    ``(C) A proceeding related to the entry of a child 
                he has, or may have, fathered into State custody.
                    ``(D) Establishment of paternity.
            ``(9) Certificate of registration.--
                    ``(A) Issuance.--Within 2 business days of receipt 
                of information transmitted by a State under section 
                444(c)(2), the Secretary shall issue by certified mail 
                a certificate of registration to the individual 
                registered.
                    ``(B) Effect of certification.--A certificate 
                issued under this section shall serve as rebuttable 
                evidence of a putative father's receipt of notice of 
                paternity, of a proceeding to terminate parental 
                rights, or of a proceeding related to a planned or 
                pending adoption of a child he has, or may have 
                fathered, or the entry of such a child into State 
                custody.
    ``(b) National Media Educational Campaign.--The Secretary shall 
establish a nationwide responsible fatherhood and putative father 
registry educational campaign that is designed--
            ``(1) to inform potential fathers of the existence of the 
        National Putative Father Registry, the advantages of 
        registering with a State Putative Father Registry, and the 
        rights and responsibilities of putative fathers; and
            ``(2) to inform unwed mothers of the existence of the 
        National Putative Father Registry and its potential role in a 
        pending or planned adoption or a termination of parental 
        rights.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $50,000,000 for fiscal year 
2006 and such sums as may be necessary for fiscal year 2007 and each 
fiscal year thereafter.

``SEC. 442. GRANTS TO STATES TO PROMOTE RESPONSIBLE FATHERHOOD.

    ``(a) Grants to States.--Subject to subsection (b), the Secretary 
shall make grants to eligible States for the purpose of--
            ``(1) assisting States in developing, establishing, and 
        operating programs that are designed--
                    ``(A) to improve the protection of the rights of 
                responsible unwed fathers in legal proceedings 
                involving a planned or pending adoption or the 
                termination of a father's rights to a biological child;
                    ``(B) to improve the laws and regulations involving 
                the prebirth abandonment of a child by the biological 
                father and abandonment of a child by the biological 
                father subsequent to birth;
                    ``(C) to assist mothers in making responsible plans 
                for their children's future; and
                    ``(D) to protect the privacy and safety of birth 
                mothers and fathers; and
            ``(2) reimbursing States for any costs incurred in meeting 
        the requirements of this subpart.
    ``(b) Eligibility Requirements.--The Secretary may not make a grant 
to a State under this section unless the State demonstrates to the 
Secretary that the State has--
            ``(1) a State plan in effect that has been approved by the 
        Secretary under section 443;
            ``(2) established, or agreed to establish, a State Putative 
        Father Registry under section 444; and
            ``(3) implemented or has agreed to implement--
                    ``(A) a law on prebirth abandonment and abandonment 
                subsequent to birth under section 445(a);
                    ``(B) a State media educational campaign under 
                section 445(b); and
                    ``(C) adoption consent laws under section 445(c).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for fiscal year 2006 and each 
fiscal year thereafter for purposes of awarding grants to States under 
this section.

``SEC. 443. STATE PLAN FOR PROMOTING RESPONSIBLE FATHERHOOD AND 
              PERMANENCY FOR CHILDREN.

    ``Each State that desires to receive a grant under section 442 
shall develop and implement a State plan for promoting responsible 
fatherhood and permanency for children that--
            ``(1) has been approved by the Secretary;
            ``(2) shall be in effect in all political subdivisions of 
        the State;
            ``(3) establishes or designates a single organizational 
        unit within the State that meets such staffing and 
        organizational requirements as the Secretary may prescribe to 
        administer the State plan and the State Putative Father 
        Registry required under section 444;
            ``(4) provides services to children of unwed parents toward 
        the establishment of putative father and the making of 
        permanent custody arrangements for those children;
            ``(5) provides for the establishment of cooperative 
        agreements between the State and appropriate agencies, such as 
        courts, hospitals, and law enforcement agencies, to assist the 
        organizational unit established or designated under paragraph 
        (3) to administer the State plan by making paternity 
        registration forms for mailing by putative fathers available to 
        such organizational unit;
            ``(6) provides assurances that the State will, in 
        accordance with standards prescribed by the Secretary, 
        cooperate with other States and the Federal Government to 
        assist individuals in their efforts to locate and provide 
        notice to putative fathers;
            ``(7) provides for a process of annual reviews and reports 
        to the Secretary on the State plan implemented under this 
        section, including such information as may be necessary to 
        measure compliance with the requirements under this subpart;
            ``(8) provides that the State will establish and maintain a 
        State Putative Father Registry that meets the requirements of 
        section 444 or will modify and maintain an existing registry to 
        meet such requirements;
            ``(9) provides for a process under which a registered 
        putative father will receive notice at the address provided to 
        the registry, within State determined guidelines and time-
        limits, of paternity, of a proceeding to terminate his parental 
        rights, or of a proceeding related to a planned or pending 
        adoption of a child he has, or may have fathered, or the entry 
        of such a child into State custody;
            ``(10) amends the State long-arm jurisdictional statute to 
        ensure that personal jurisdiction is established for a father 
        registered with the National Putative Father Registry 
        established under section 441(a); and
            ``(11) provides that the State will establish procedures, 
        if not already in place, to protect the safety and privacy of 
        mothers, including those who have been the victims of violence.

``SEC. 444. STATE PUTATIVE FATHER REGISTRIES.

    ``(a) Establishment and Maintenance.--
            ``(1) In general.--Subject to paragraph (2), each State 
        that desires to receive a grant under section 442 shall provide 
        assurances to the Secretary that the State will establish and 
        maintain an automated putative father registry that meets the 
        succeeding requirements of this section.
            ``(2) Existing state putative father registries.--A State 
        that has a putative father registry in existence on the date of 
        enactment of this subpart and desires to receive a grant under 
        section 442 shall provide assurances to the Secretary that the 
        State will, not later than the last day of the first regular 
        session of the State legislature that begins after the date of 
        enactment of this subpart, modify the registry to the extent 
        necessary for the registry to meet the succeeding requirements 
        of this section with respect to putative fathers who register 
        with the State on or after that day. For purposes of the 
        previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session is considered to 
        be a separate, regular session of the State legislature.
    ``(b) Registration With the State Putative Father Registry.--
            ``(1) Submission of information.--The State shall establish 
        procedures under which the putative father of such child may 
        submit the information described in subsection (c) to the State 
        for the purpose of including such information in the registry 
        established or modified and maintained under subsection (a).
            ``(2) Verification.--The procedures established under 
        paragraph (1) shall include a means to verify that the 
        information submitted by a putative father is his own personal 
        information and that it is true and correct to the best of his 
        knowledge.
    ``(c) Contents.--With respect to a child, the registry established 
or modified and maintained under subsection (a) shall contain the 
following information:
            ``(1) The name of the putative father (including any other 
        names by which he may be known).
            ``(2) The date of birth of the putative father.
            ``(3) The social security number of the putative father.
            ``(4) The State of issue and driver's license number of the 
        putative father, if known.
            ``(5) The home address of the putative father.
            ``(6) The telephone number of the putative father.
            ``(7) The name and address of the employer of the putative 
        father.
            ``(8) The name of the mother (including any other names by 
        which she may be known).
            ``(9) The last known address of the mother.
            ``(10) The date of birth of the mother, if known.
            ``(11) The social security number of the mother, if known.
            ``(12) The race or ethnicity of the mother, if known.
            ``(13) The State of issue and driver's license number of 
        the mother, if known.
            ``(14) The city and State where possible conception took 
        place.
            ``(15) The birth date of the child or the approximate 
        delivery date, if known.
            ``(16) The name and gender of child, if known.
    ``(d) Collection of State Information and Transmission to the 
National Putative Father Registry.--
            ``(1) Collection.--The State shall collect the information 
        described in subsection (c) submitted by the putative father 
        and enter such information into the State Putative Father 
        Registry established or modified and maintained under 
        subsection (a).
            ``(2) Transmission.--
                    ``(A) In general.--Not later than the date that is 
                3 business days after the date on which any information 
                described in subsection (c) is entered into the State 
                Putative Father Registry, the State shall furnish such 
                information to the Secretary for purposes of including 
                the information in the National Putative Father 
                Registry.
                    ``(B) Method of transmission.--States shall 
                transmit the information described in subsection (b) in 
                an electronic format designated by the Secretary for 
                purposes of this paragraph.
            ``(3) Requirement.--The procedures established under 
        paragraph (1) shall include a means by which a putative father 
        is informed of all of the legal consequences of his 
        registration, including that the registry may be used to 
        establish an obligation to support a child or children.
    ``(e) Establishment of Registration Centers.--
            ``(1) In general.--The State shall establish centers in 
        various locations throughout the State so that registration 
        forms for the State Putative Father Registry are easily 
        accessible to putative fathers.
            ``(2) Sites.--The sites of the centers described in 
        paragraph (1) may include the following:
                    ``(A) State and local hospitals.
                    ``(B) Courthouses in which family courts are 
                located.
                    ``(C) State departments of motor vehicles.
                    ``(D) State welfare agencies.
                    ``(E) State health department offices.
                    ``(F) State vital records offices.
                    ``(G) State probate courts.
    ``(f) Method of Submitting Registration.--The State shall permit a 
putative father to submit the information required under this section 
electronically, in person, or by certified mail.
    ``(g) False Filing.--Any person who knowingly submits false 
information to a State Putative Father Registry shall be guilty of a 
misdemeanor and upon conviction thereof shall be fined not less than 
$25,000 for each such violation and imprisoned for not more than 2 
years.
    ``(h) Accuracy of Data.--
            ``(1) In general.--Unless otherwise specified, the 
        information provided under subsection (c) is presumed to be the 
        most current information available.
            ``(2) Failure to update information.--In the event that a 
        putative father fails to update his profile, notice sent to the 
        last registered address can be used as rebuttable evidence of 
        efforts to locate the putative father and provide him with 
        notice described in section 441(a)(8).
    ``(i) Privacy Safeguards.--The State shall establish procedures to 
ensure that the information maintained in the State Putative Father 
Registry is subject to the privacy safeguards established under section 
454(26).

``SEC. 445. ADDITIONAL REQUIREMENTS.

    ``(a) State Laws on Prebirth Abandonment and Abandonment Subsequent 
to Birth.--Each State that desires to receive a grant under section 442 
shall provide assurances to the Secretary that the State will put into 
effect a State law that defines what constitutes prebirth abandonment 
and abandonment subsequent to birth.
    ``(b) State Media Educational Campaign.--Each State that desires to 
receive a grant under section 442 shall provide assurances to the 
Secretary that the State will regularly and frequently publicize, 
through advertising campaigns, educational literature, and public 
service announcements--
            ``(1) the availability of putative father establishment 
        services;
            ``(2) that putative fathers should register with the State 
        Putative Father Registry; and
            ``(3) the availability of the State Putative Father 
        Registry to searching birth mothers.
    ``(c) Consent to Adoption.--Each State that desires to receive a 
grant under section 442 shall provide assurances to the Secretary that 
the adoption laws of the State--
            ``(1) set finite time limits in which an adoption can be 
        attacked on grounds of procedural irregularities, fraud, or 
        duress;
            ``(2) establish a period of time after which the revocation 
        of an adoption would be presumed not to be in the best interest 
        of the child; and
            ``(3) allow for implied consent in the case of 
        abandonment.''.
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