[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 939 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 939

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

 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 permanent families for children and 
            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 Adoption and Promoting 
Responsible Fatherhood Act of 2009''.

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) Pending adoption.--The term `pending adoption' means 
        any adoption in which an adoption petition has been filed with 
        a court pursuant to State law.
            ``(6) 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.
            ``(7) 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.
            ``(8) 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.
            ``(9) 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 subpart, the Secretary 
        shall establish and maintain an automated National Putative 
        Father Registry that contains the information described in 
        section 444(c).
            ``(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 
                        rights of a putative father.
                            ``(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 
                        this title.
                            ``(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 the 
        mail.
            ``(7) Certificate of search.--
                    ``(A) Issuance.--Within 2 business days of receipt 
                of a search request under paragraph (4), the Secretary 
                shall issue by 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 evidence of efforts 
                to locate a putative father in order to provide the 
                putative father with notice of a proceeding to 
                establish paternity of, of a proceeding to terminate 
                the putative father's rights to, or of a proceeding 
                related to a pending or planned adoption of a child the 
                putative father has or may have fathered, or of 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, and subject to such time limits, as 
        specified by the law of the forum State of any of the following 
        unless and until the putative father's rights to the child have 
        been terminated:
                    ``(A) A proceeding related to a pending or planned 
                adoption of a child the putative father has, or may 
                have, fathered.
                    ``(B) A proceeding to terminate the putative 
                father's rights to a child.
                    ``(C) A proceeding related to the entry of a child 
                the putative father 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(d), the Secretary shall issue by mail a certificate 
                of registration to the individual registered.
                    ``(B) Effect of certification.--A certificate 
                issued under this section shall serve as evidence that 
                a putative father has registered with a State Putative 
                Father Registry requesting that he receive notice of a 
                proceeding to establish paternity of, of a proceeding 
                to terminate the putative father's rights to, or of a 
                proceeding related to a planned or pending adoption of 
                a child the putative father has or may have fathered, 
                or of 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 men 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 women of the existence of the National 
        Putative Father Registry and the potential role of that 
        registry in a pending or planned adoption or a termination of 
        the rights of a putative father.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as are necessary for 
fiscal year 2009 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, the 
                termination of a father's rights to a biological child, 
                or the entry of a child into the State child welfare 
                system;
                    ``(B) to improve the laws and regulations involving 
                the pre-birth 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 pre-birth abandonment and 
                abandonment subsequent to birth under section 445(a);
                    ``(B) a State media educational campaign under 
                section 445(b); and
                    ``(C) adoption laws under section 445(c).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for fiscal year 2009 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 
        related to the identification of putative fathers 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 available putative 
        father registry registration forms for mailing by putative 
        fathers 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 a proceeding to establish the paternity of, of a 
        proceeding to terminate the putative father's rights to, or of 
        a proceeding related to a planned or pending adoption of a 
        child the putative father has or may have fathered, or of 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 180 days from 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). 
        Such procedures shall provide that, in order for the putative 
        father to be entitled to notice of any of the proceedings 
        identified in section 441(a)(8), the putative father must 
        submit information for inclusion in the State registry within 
        State-determined time limits.
            ``(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 any.
            ``(5) The home address of the putative father.
            ``(6) The telephone number of the putative father, if any.
            ``(7) The name and address of the employer of the putative 
        father, if any.
            ``(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 the 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 that the registry may be used to establish an 
        obligation to support a child or children. Registration shall 
        not constitute an admission of guilt to any crime under Federal 
        or State law.
    ``(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 information under this section 
electronically, in person, or by mail.
    ``(g) False Filing.--Any person who knowingly submits false 
information to a State Putative Father Registry shall be guilty of the 
highest class of misdemeanor under State law.
    ``(h) Accuracy of Data.--A putative father is solely responsible 
for the accuracy of the information contained in his registration. The 
information contained in the registration is presumed accurate. In the 
event that a putative father fails to update his profile, the notice 
described in section 441(a)(8) shall be deemed received by the putative 
father if sent or delivered to the putative father at the address 
provided by him under subsection (c).
    ``(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 Pre-Birth 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 
has in effect or will enact a State law that--
            ``(1) defines what constitutes pre-birth abandonment and 
        abandonment subsequent to birth; and
            ``(2) allows for implied consent to the child's adoption in 
        the case of pre-birth abandonment or 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 shall regularly and frequently publicize, 
through advertising campaigns, educational literature, and public 
service announcements--
            ``(1) the availability of putative father establishment 
        services; and
            ``(2) that putative fathers should register with the State 
        Putative Father Registry.
    ``(c) Revocation of Adoptions.--Each State that desires to receive 
a grant under section 442 shall provide assurances to the Secretary 
that the State has in effect or will enact State laws that--
            ``(1) set finite time limits in which an adoption can be 
        attacked on grounds of procedural irregularities, fraud, or 
        duress; and
            ``(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.''.
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