[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3321 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3321

  To promote permanent families for children, privacy and safety for 
   unwed mothers, responsible fatherhood, and security for adoptive 
  parents by establishing a National Responsible Father Registry and 
     encouraging States to enter into agreements to contribute the 
information contained in the State's Responsible Father Registry to the 
     National Responsible Father Registry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2012

  Ms. Landrieu (for herself and Mr. Inhofe) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To promote permanent families for children, privacy and safety for 
   unwed mothers, responsible fatherhood, and security for adoptive 
  parents by establishing a National Responsible Father Registry and 
     encouraging States to enter into agreements to contribute the 
information contained in the State's Responsible Father Registry to the 
     National Responsible Father Registry, 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 2012''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Responsible father registries, also known as possible 
        father registries or putative father registries, exist in as 
        many as 34 States.
            (2) The Supreme Court of the United States in Lehr v. 
        Robertson (463 U.S. 248) (1983), found responsible father 
        registries to be constitutional.
            (3) Responsible father registries help to speed up the 
        stable placement of children by providing a mechanism to 
        determine whether there are any possible fathers who may have 
        an interest in participating in the placement decisions of the 
        child so that the possible father can timely assert his rights 
        or so that the father's rights can be waived, surrendered, or 
        terminated and the child made available for adoption or 
        placement.
            (4) Responsible father registries protect the privacy and 
        safety of unwed mothers by removing the burden from the mother 
        to provide information about any possible fathers, disclosure 
        of which would be an invasion of her privacy and may cause harm 
        to the mother, particularly in the case of rape or domestic 
        violence.
            (5) Responsible father registries serve to protect the 
        rights of men who wish to be involved in the placement 
        decisions of a child they believe they may have fathered by 
        creating a mechanism for such men to undertake responsibility 
        and to protect their rights without having to rely upon others 
        to protect their rights, and to indicate their desire to be 
        notified in a timely manner of certain legal proceedings 
        related to the child, including proceedings related to 
        termination of rights, adoption, and the placement of the child 
        into State custody.
            (6) Responsible father registries protect the privacy of 
        possible fathers by providing a mechanism for men to submit 
        identifying information to a database with restricted access.
            (7) Responsible father registries protect the interests of 
        adoptive parents and increase the security of adoptions by 
        reducing the risk that possible fathers cannot be located in a 
        timely manner. One of the biggest risks to the finalization of 
        an adoption is the inability of the parties to an adoption 
        proceeding to timely locate the possible fathers. When possible 
        fathers are not provided with timely notice of an adoption 
        proceeding related to a child they may have fathered and 
        discover such proceeding later, the adoption proceeding often 
        is delayed or disrupted. In addition to causing emotional 
        stress and significant costs associated with this problem, such 
        cases, particularly when they attract media attention, create a 
        chilling effect on adoption in that prospective adoptive 
        parents may decide not to pursue the option of adoption for 
        fear that they will be involved in such a case.
            (8) Interstate travel of mothers and the filing of legal 
        actions relating to a child in a State other than the State in 
        which a possible father may have registered may circumvent and 
        eliminate the protections such unwed mothers and possible 
        fathers are provided by the individual State Responsible Father 
        Registries, because there are no agreements or mechanisms 
        between the States to identify or to provide notice to possible 
        fathers who have registered in another State.
            (9) The inability of States to coordinate and cross-check 
        their responsible father registries may jeopardize or delay the 
        placement of the child in a permanent home and undermines the 
        benefits to unwed mothers, protections intended for registered 
        possible fathers, and security for adoptive parents that State 
        registries are intended to afford.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for a national database that would accept 
        possible father registrations from participating State 
        Responsible Father Registries and directly from possible 
        fathers, and would transmit the results of specific searches of 
        such registrations to authorized parties involved in any 
        State's proceedings, whether the State participates in the 
        national registry or not, for adoption, the placement of a 
        child in State custody, or the termination of a father's 
        rights;
            (2) to enable children to find a permanent home more 
        quickly by providing identifying information on possible 
        fathers thereby enabling the fathers' rights to be addressed in 
        a more timely manner;
            (3) to remove the burden from the mother of having to 
        identify potential fathers, to protect her privacy and safety, 
        especially in cases of rape or domestic violence;
            (4) to empower men to take responsibility for the 
        protection of their rights by enabling them to register in a 
        participating State or directly with the national registry, 
        increasing the likelihood of men receiving notice of a 
        proceeding in another State and reducing the opportunity for 
        the mother to deprive a possible father of the ability to 
        assert his rights by withholding accurate information 
        concerning the possible father, by moving, or by traveling to 
        another State; and
            (5) to reduce the risk to prospective adoptive parents of 
        delayed or disrupted placements resulting from challenges to 
        adoptions due to a possible father's untimely receipt of notice 
        of such proceedings.

SEC. 3. 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 Responsible Father Registries to 
                          Facilitate Adoptions

``SEC. 440. DEFINITIONS.

    ``In this subpart:
            ``(1) Business day.--The term `business day' means a day on 
        which Federal or State offices, as applicable, are open for 
        regular business.
            ``(2) Eligible party.--The term `eligible party' means--
                    ``(A) public and licensed private adoption or child 
                placement agencies gathering information for a planned 
                or pending adoption or the termination of rights of one 
                or more possible fathers;
                    ``(B) licensed attorneys representing a party in a 
                planned or pending adoption or in the termination of 
                rights of one or more possible fathers;
                    ``(C) State agencies or entities responsible for 
                the placement of children; and
                    ``(D) State courts.
            ``(3) National responsible father registry.--The term 
        `National Responsible Father Registry' means the registry 
        established and maintained under section 441.
            ``(4) Notice.--The term `notice' means notice to all 
        possible fathers of a proceeding sufficient to satisfy the 
        notice requirements of the law of the State in which the 
        proceeding is pending.
            ``(5) Pending adoption.--The term `pending adoption' means 
        any adoption in which an adoption petition has been filed and 
        is still pending with a court pursuant to State law.
            ``(6) Planned adoption.--The term `planned adoption' means 
        any plan for the adoption of a child or children in which the 
        birth mother has contacted an attorney or a public or licensed 
        private adoption agency about placing her child for adoption, 
        or in which a public or licensed private adoption agency is 
        working to place a child for adoption.
            ``(7) Proceeding.--The term `proceeding' means a proceeding 
        relating to a child that a possible father has or may have 
        fathered regarding a planned or pending adoption of the child, 
        the entry of the child into State custody, or the termination 
        of a possible father's rights to the child.
            ``(8) Possible father.--The term `possible father' or 
        `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 the existence of all possible fathers 
        related to a child that is the subject of a proceeding.
            ``(10) State responsible father registry.--The term `State 
        Responsible Father Registry' means, with respect to a State, 
        the registry established or modified and maintained under 
        section 443 for that State.
            ``(11) Participating state.--The term `participating State' 
        means a State that has entered into an agreement with the 
        Secretary under section 442.

``SEC. 441. NATIONAL RESPONSIBLE 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 Responsible 
        Father Registry that contains the information described in 
        section 443(c) and that provides a mechanism for men to 
        register such information directly with the National 
        Responsible Father Registry.
            ``(2) Data entry and deletion requirements.--
                    ``(A) Data entry.--Information transmitted by a 
                State or a possible father under section 443(d)(2) 
                shall be entered into the National Responsible Father 
                Registry not later than the date that is 2 business 
                days after the date on which such information is 
                received.
                    ``(B) Responsible father registration.--The 
                Secretary shall establish procedures under which a 
                possible father may submit the information described in 
                section 443(c) directly to the Secretary for the 
                purpose of including such information in the National 
                Responsible Father Registry. Such procedures shall--
                            ``(i) require the possible father to verify 
                        by submission of a sworn statement or such 
                        other means as the Secretary determines 
                        appropriate that the information submitted is 
                        his own personal information and that it is 
                        true and correct to the best of his knowledge;
                            ``(ii) provide that no fee shall be charged 
                        to the possible father for registering in the 
                        National Responsible Father Registry; and
                            ``(iii) allow possible fathers to submit 
                        registrations by mail or electronic means.
                    ``(C) Application of federal penalties for 
                submission of false information.--Any person who 
                knowingly submits false information to the National 
                Responsible Father Registry directly or indirectly 
                through transmission of information submitted to a 
                State Responsible Father Registry shall be subject to 
                penalties in accordance with the provisions of section 
                1001 of title 18, United States Code.
                    ``(D) Deletion of data.--Information entered into 
                the National Responsible 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 responsible 
        father registry.--
                    ``(A) In general.--Subject to subparagraph (B), 
                access to the information contained in the National 
                Responsible Father Registry is limited to an eligible 
                party.
                    ``(B) Limited access for registrants.--Each 
                possible father who registers in the National 
                Responsible Father Registry may file a search request 
                with the Secretary for the limited purpose of 
                confirming that the information he provided is 
                contained in the National Registry.
            ``(4) Search requests.--
                    ``(A) By an eligible party.--The Secretary shall 
                accept a request from an eligible party to search the 
                National Responsible Father Registry only if the 
                request has been verified for authenticity.
                    ``(B) By a registrant.--The Secretary shall accept 
                a request from a possible father who has registered in 
                the National Responsible Father Registry to search the 
                National Responsible Father Registry only if the 
                request has been verified for authenticity.
                    ``(C) Fee.--The Secretary is authorized to charge a 
                reasonable fee for a search conducted under this 
                section.
            ``(5) Limitation on disclosure of information.--No 
        information contained in the National Responsible Father 
        Registry shall be disclosed to any person if the disclosure of 
        the information would contravene a national security interest 
        of the United States or if the disclosure would compromise the 
        confidentiality of census data.
            ``(6) Methods for requesting a search of the national 
        database.--An eligible party may request a search under this 
        section either electronically or through the mail.
            ``(7) Certificate of search.--
                    ``(A) Issuance.--Within 2 business days of receipt 
                of a search request, the Secretary shall issue by mail 
                or electronic means a certificate of search to the 
                person who requested the search.
                    ``(B) Contents of eligible party search.--The 
                certificate of search on behalf of an eligible party 
                shall contain--
                            ``(i) the names and most recent contact 
                        information for all possible fathers who are 
                        registered in the National Responsible Father 
                        Registry or registered in any participating 
                        State Responsible Father Registry;
                            ``(ii) the latest date through which data 
                        in the National Responsible Father Registry has 
                        been updated; and
                            ``(iii) the list of the State Responsible 
                        Father Registries whose data is included in the 
                        search database and the date through which the 
                        data from each participating State was last 
                        updated.
                    ``(C) Contents of registrant search.--The 
                certificate of search on behalf of a possible father 
                who has registered in the National Responsible Father 
                Registry shall only contain the information provided to 
                the Secretary by the registrant himself or provided by 
                the registrant to a participating State registry and 
                transmitted by that State registry to the Secretary.
                    ``(D) Effect of certificate.--A certificate of 
                search issued under subparagraph (B) shall serve as 
                evidence of efforts by the eligible party who requested 
                the search to locate a possible father in order to 
                provide those possible fathers identified in the 
                certificate with notice of a proceeding.
    ``(b) National Educational Campaign.--The Secretary shall establish 
a nationwide responsible fatherhood and responsible father registry 
educational campaign that is designed to inform possible fathers, unwed 
mothers, possible adoptive parents, and eligible parties of the 
existence of the National Responsible Father Registry, the advantages 
of possible fathers registering either in the National Responsible 
Father Registry or a State Responsible Father Registry, or both, the 
rights and responsibilities of possible fathers, unwed mothers, 
possible adoptive parents, and eligible parties with regard to a 
proceeding, and the role of the National Responsible Father Registry 
and a State Responsible Father Registry in a proceeding.

``SEC. 442. AGREEMENTS WITH STATES TO PROMOTE RESPONSIBLE FATHERHOOD.

    ``(a) In General.--The Secretary shall use all reasonable efforts 
to encourage States to enter into an agreement with the Secretary to 
become a participating State under this subpart. Such agreements 
shall--
            ``(1) require that the State comply with the requirements 
        for State Responsible Father Registries under section 443;
            ``(2) require that the State provide for a process under 
        which a registered possible father will receive notice of a 
        proceeding at the most recent address he provided to the 
        registry, within State determined guidelines and time limits;
            ``(3) require the State to provide annual reviews and 
        reports to the Secretary on the State Responsible Father 
        Registry, including such information as may be necessary to 
        measure compliance with the requirements under this subpart;
            ``(4) require the State to, in accordance with standards 
        prescribed by the Secretary, cooperate with other States and 
        the Federal Government to assist individuals and governments in 
        their efforts to locate and provide notice to possible fathers;
            ``(5) encourage the State to establish or designate a 
        single organizational unit within the State that meets such 
        staffing and organizational requirements as the Secretary may 
        prescribe to administer the State Responsible Father Registry;
            ``(6) encourage the State to enter into cooperative 
        agreements between the State and appropriate entities, such as 
        those specified in section 443(e)(2), to assist the 
        organizational unit established or designated to administer the 
        State Responsible Father Registry;
            ``(7) encourage the State to amend its long-arm 
        jurisdictional statute to ensure that personal jurisdiction is 
        established in a proceeding for a father registered in the 
        National Responsible Father Registry;
            ``(8) encourage States to develop, establish, and operate 
        programs that are designed--
                    ``(A) to improve the protection of the rights of 
                possible fathers in a proceeding;
                    ``(B) to assist mothers in making responsible plans 
                for their children's future; and
                    ``(C) to protect the privacy and safety of possible 
                fathers and of birth mothers, including those who have 
                been the victims of violence, by, among other things, 
                enabling birth mothers to proceed with an adoption or 
                placement plan without being required to disclose her 
                sexual partners; and
            ``(9) encourage States to enact laws and regulations to 
        address the pre-birth abandonment of a child by the biological 
        father and abandonment of a child by the biological father 
        subsequent to birth.
    ``(b) Grants To Promote Responsible Fatherhood.--An agreement with 
a State that meets the requirements of subsection (a) may include a 
grant to the State as provided for under section 444.

``SEC. 443. STATE RESPONSIBLE FATHER REGISTRIES.

    ``(a) Establishment and Maintenance.--
            ``(1) In general.--Subject to paragraph (2), each State 
        that is a participating State under this subpart shall provide 
        assurances to the Secretary that the State has, or will 
        establish, and will maintain an automated responsible father 
        registry that meets the requirements of this section.
            ``(2) Existing state responsible father registries.--A 
        State that has a responsible father registry in existence on 
        the date of enactment of this subpart and desires to enter into 
        an agreement with the Secretary 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 requirements of this section with 
        respect to responsible 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 Responsible Father Registry.--
            ``(1) Submission of information.--The State shall establish 
        procedures under which the possible father of a child may 
        submit the information described in subsection (c) to the State 
        for the purpose of including the information in the State 
        Responsible Father Registry. Such procedures shall provide 
        that, in order for the possible father to be entitled to notice 
        of any proceeding, the possible father must submit information 
        for inclusion in the State Responsible Father Registry within 
        State-determined time limits.
            ``(2) Verification.--The procedures established under 
        paragraph (1) shall require the possible father to verify by 
        submission of a sworn statement or such other means as the 
        State, in consultation with the Secretary, determines 
        appropriate that the information submitted 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 State Responsible 
Father Registry shall contain information sufficient to identify the 
possible father, which may include (but is not limited to)--
            ``(1) the name of the possible father (including any other 
        names by which he may be known);
            ``(2) the date of birth of the possible father;
            ``(3) the Social Security number of the possible father, if 
        any;
            ``(4) the State of issue and driver's license number of the 
        possible father, if any;
            ``(5) the address provided by the possible father at which 
        he requests notice;
            ``(6) all known telephone numbers for the possible father;
            ``(7) the name and address of the employer of the possible 
        father, if any;
            ``(8) the name of the mother (including any other names by 
        which she may be known);
            ``(9) the most recent address of the mother, if known;
            ``(10) the date of birth of the mother, if known;
            ``(11) the Social Security number of the mother, if known;
            ``(12) the State of issue and driver's license number of 
        the mother, if known;
            ``(13) the city and State where possible conception took 
        place;
            ``(14) the date or estimated date (or range of dates) of 
        possible conception;
            ``(15) the birth date of the child or the approximate 
        delivery date, if known; and
            ``(16) the name and gender of the child, if known.
    ``(d) Collection of State Information and Transmission to the 
National Responsible Father Registry.--
            ``(1) Collection.--The State shall collect the information 
        described in subsection (c) submitted by the possible father 
        and enter such information into the State Responsible Father 
        Registry.
            ``(2) Transmission.--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 Responsible Father 
        Registry, the State shall furnish such information to the 
        Secretary, in an electronic format designated by the Secretary, 
        for purposes of including the information in the National 
        Responsible Father Registry.
            ``(3) Requirement.--The procedures established under 
        subsection (b)(1) shall include a means by which a possible 
        father is informed that the registry may be used to establish 
        an obligation to support a child or children. Except as 
        provided in subsection (g), 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 Responsible Father Registry are easily 
        accessible to possible fathers.
            ``(2) Sites.--The sites of the centers described in 
        paragraph (1) may include (but are not limited to) 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.
                    ``(H) State-operated or -sponsored websites for 
                each center established in accordance with this 
                subsection.
    ``(f) Method of Submitting Registration.--The State shall permit a 
possible father to submit information to the State Responsible Father 
Registry electronically, in person, or by mail. The State shall not 
charge a fee for registering in the State Responsible Father Registry.
    ``(g) Penalties for Submission of False Information.--A State shall 
have in effect a law that provides that any person who knowingly 
submits false information to a State Responsible Father Registry shall 
be guilty of the highest class of misdemeanor under State law.
    ``(h) Accuracy of Data.--A possible father is solely responsible 
for the accuracy of the information contained in his registration and 
he shall be responsible for updating the information, if needed to keep 
it accurate. The information contained in the registration is presumed 
accurate. Notice regarding a proceeding shall be deemed received by the 
possible father if sent or delivered to him at the most recent address 
he provided in subsection (c)(5).
    ``(i) Privacy Safeguards.--The State shall establish procedures to 
ensure that the information maintained in the State Responsible Father 
Registry is subject to the same privacy safeguards as the privacy 
safeguards required under section 454(26).

``SEC. 444. GRANTS TO STATES TO PROMOTE RESPONSIBLE FATHERHOOD.

    ``(a) Grants to States.--The Secretary may make a grant to a State 
that enters into an agreement with the Secretary pursuant to section 
442 to become a participating State for purposes of--
            ``(1) modifying an existing State Responsible Father 
        Registry to the extent necessary for the registry to meet the 
        requirements of section 443; or
            ``(2) establishing a State Responsible Father Registry that 
        meets the requirements of section 443.
    ``(b) Condition.--As a condition for receiving a grant under this 
section, a State shall agree to--
            ``(1) maintain an automated State Responsible Father 
        Registry in accordance with the requirements of section 443; 
        and
            ``(2) support the nationwide responsible fatherhood and 
        responsible father registry educational campaign established 
        under section 441(b).
    ``(c) Amount.--A grant made under this section shall be in such an 
amount as the Secretary determines appropriate.
    ``(d) Use of Funds.--Funds received under a grant made under this 
section may be used to reimburse a participating State in whole or in 
part for costs incurred to modify an existing State Responsible Father 
Registry or to establish a State Responsible Father Registry, and to 
reimburse the State in whole or in part for costs incurred to satisfy 
the conditions specified in subsection (b).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for fiscal year 2013 and each 
fiscal year thereafter for purposes of making grants to States under 
this section.''.
                                 <all>