[Senate Hearing 114-876]
[From the U.S. Government Publishing Office]


 .                                                      S. Hrg. 114-876

                  NATIONAL ADOPTION MONTH: STORIES OF
                   SUCCESS AND MEETING THE CHALLENGES
                       OF INTERNATIONAL ADOPTIONS

=======================================================================

                                HEARING

                               BEFORE THE

                       COMMITTEE ON THE JUDICIARY
                          UNITED STATES SENATE

                    ONE HUNDRED FOURTEENTH CONGRESS

                             FIRST SESSION

                               __________

                           NOVEMBER 18, 2015

                               __________

                           Serial No. J-114-40

                               __________

         Printed for the use of the Committee on the Judiciary
         
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                       COMMITTEE ON THE JUDICIARY

                  CHARLES E. GRASSLEY, Iowa, Chairman
ORRIN G. HATCH, Utah                 PATRICK J. LEAHY, Vermont, Ranking 
JEFF SESSIONS, Alabama                   Member
LINDSEY O. GRAHAM, South Carolina    DIANNE FEINSTEIN, California
JOHN CORNYN, Texas                   CHARLES E. SCHUMER, New York
MICHAEL S. LEE, Utah                 RICHARD J. DURBIN, Illinois
TED CRUZ, Texas                      SHELDON WHITEHOUSE, Rhode Island
JEFF FLAKE, Arizona                  AMY KLOBUCHAR, Minnesota
DAVID VITTER, Louisiana              AL FRANKEN, Minnesota
DAVID PERDUE, Georgia                CHRISTOPHER A. COONS, Delaware
THOM TILLIS, North Carolina          RICHARD BLUMENTHAL, Connecticut

      Kolan L. Davis, Republican Chief Counsel and Staff Director
      Kristine Lucius, Democratic Chief Counsel and Staff Director
                           
                           
                           C O N T E N T S

                              ----------                              

                           OPENING STATEMENTS

                                                                   Page

Grassley, Hon. Charles E.........................................     1
    Prepared statement...........................................    63
Leahy, Hon. Patrick J............................................     2
    Prepared statement...........................................    65
Cornyn, Hon. John................................................     3

                               WITNESSES

Bond, Michele Thoren.............................................     4
    Prepared statement...........................................    32
    Responses to written questions...............................    67
Craig, Nicole....................................................    19
    Prepared statement...........................................    46
Horton, Katie....................................................    16
    Prepared statement...........................................    49
Hutchins, Christine..............................................    21
    Prepared statement...........................................    55
Wilkerson, Rick..................................................    13
    Prepared statement...........................................    59

                                APPENDIX

Links to items submitted for the record..........................    93

 
                  NATIONAL ADOPTION MONTH: STORIES OF
                   SUCCESS AND MEETING THE CHALLENGES
                       OF INTERNATIONAL ADOPTIONS

                              ----------                              


                      WEDNESDAY, NOVEMBER 18, 2015

                              United States Senate,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:04 a.m., in 
Room 226, Dirksen Senate Office Building, Hon. Charles E. 
Grassley, Chairman of the Committee, presiding.
    Present: Senators Grassley [presiding], Sessions, Cornyn, 
Tillis, Leahy, and Klobuchar.

         OPENING STATEMENT OF HON. CHARLES E. GRASSLEY,

             A U.S. SENATOR FROM THE STATE OF IOWA

    Chairman Grassley. I better turn on the microphone. Before 
we give our opening statements, Senator Leahy and I, we're 
hearing rumors of a vote at 10:15, so I'll talk to Senator 
Leahy and other Members about whether or not the Committee 
adjourns for just a few minutes and then we come back, or 
whether we keep it going and we take turns going over to vote.
    The family is the foundation of American society. For 
millions of Americans, the season of Thanksgiving gives us an 
opportunity to count our blessings and give thanks for the 
hearth and home. The safety, stability, and security of a 
permanent, loving home reinforces a strong foundation of 
support that hopefully lasts a lifetime.
    But not every child gets to experience these benefits. 
Millions of children around the world are orphans, without 
parents or family, and those are the people that would support 
them. Not only do they lack families, many are subjected to 
life in subpar State orphanage systems hazarding their health 
and development. They will never know what it is like to have a 
loving family, sibling rivalries, and the confidence that comes 
with family support.
    Despite the efforts of host countries to find extended 
family members and domestic adoptions for their children, there 
are still thousands of children who need help. Next Thursday, 
approximately 6,000 children from around the world will 
celebrate Thanksgiving in America for the first time. This 
month, they will experience all the bounty and opportunity 
America has to offer, in addition to the permanence of a 
family.
    Today, in the spirit of National Adoption Month, we want to 
celebrate American families who have opened their hearts and 
homes to children around the world. America leads the world in 
foreign adoptions. Not long ago, in 2004, our families welcomed 
over 20,000 foreign children into their homes.
    As every parent knows, raising children is hard work. Today 
we can reflect on the incredible rewards of our continuing 
efforts to reform and improve the adoption process. We'll get 
to hear from families how adoption has changed their lives and 
the lives of their children. It is a great privilege to see 
that our efforts to overcome barriers to adoption have such 
direct and lasting impact of course, on those people that we 
are serving.
    We will hear from an Iowan today as an example. He's a 
person whose family has had an immeasurable impact on children 
at home and abroad. This person's name is Dr. Rick Wilkerson. 
Wilkerson--Dr. Wilkerson has adopted three foster kids, a 
fourth child from Cambodia, and a fifth one from Haiti. After 
visiting Haiti, Dr. Wilkerson started a nonprofit organization 
dedicated to giving back and supporting orphans in that 
country.
    Yet, despite the successes and the positive impacts, there 
are also challenges. There have been barriers for some families 
as countries face internal conflicts and struggles. Today we'll 
hear the heartbreak of one adoption that was disrupted because 
of Russia's suspension of international adoptions.
    We will also hear about the struggles that over 400 
families are currently facing in bringing home children from 
the Democratic Republic of the Congo. Families are rightly 
confused and frustrated over this situation in that country. 
Their adoptions have been finalized by the home country as well 
as the United States. Yet, despite the fact that the parents 
must provide financially and emotionally for their children who 
are physically in Congo, they cannot bring them home. They love 
these children. They are committed to protecting them, 
providing for them, and bringing them home. But their hands are 
tied until the Congo resolves their internal issues and moves 
forward.
    I am going to call on Senator Leahy at this point, and then 
I will introduce the Assistant Secretary.

          OPENING STATEMENT OF HON. PATRICK J. LEAHY,

            A U.S. SENATOR FROM THE STATE OF VERMONT

    Senator Leahy. Well, thank you, Mr. Chairman, and thank you 
for having this hearing.
    You know, the Chairman mentioned about us gathering next 
week for Thanksgiving. My wife and I will with our children and 
our grandchildren, and we give thanks for the blessings that 
we've received and they've received. Of course, that's a 
tradition from the time I was a little boy growing up in 
Vermont.
    But it's fitting that this month we also recognize National 
Adoption Month because that honors the adoptive families who 
selflessly open their hearts and homes to children from the 
United States and around the world who are in need of a safe 
and loving family, and those parents and their children will be 
able to give thanks on Thanksgiving because of the love and the 
dedication and the sacrifice of those parents.
    But we also have to raise awareness, as the Chairman has 
said, about some of the barriers to international adoption. We 
have got to recommit ourselves to improving the international 
adoption system. I think we have to unite as families and 
communities and policymakers to find permanent, loving homes 
for all children, as we have done in our little State of 
Vermont.
    I know we are going to hear inspirational stories of 
international adoption. Senator Grassley has talked about those 
from Iowa, but I am honored to welcome Christine Hutchins from 
Cambridge, Vermont, which is not far from where we live. She 
and her husband, Jonathan Hutchins, welcomed their son, James--
and I actually got a chance to hold James earlier--from Sierra 
Leone last year. I would also like to welcome Christine's 
sister-in-law, Jennifer Smithers, and her husband, Gregory 
Smithers. They adopted James' twin sister, Grace. And if you 
wonder how siblings work, you should watch the two of them 
running around Kristine Lucius' office earlier today. But their 
journey to parenthood for them is one of courage and 
perseverance, and they represent many other Vermont families 
who have opened their hearts to a child in need through 
international adoption. I find it inspiring, but I am happy 
that Vermont is not alone in reaching out to children across 
the globe.
    Senator Grassley mentioned last year American families 
adopted 6,441 children through international adoption, and they 
came from 99 different countries. It's not as though it's just 
one place. And we know that this kind of adoption is unlikely 
for the vast majority of orphaned and abandoned children in 
countries. So, let's work together to see what we can do to 
strengthen them. We are going to hear about the delays during 
the adoption process, some because of corruption in the 
countries of origin. There are others cases where governments 
have suspended international adoptions as a result of reports 
of abuse.
    But we want to hear what we can do to make it better for 
those who want to become a forever family. A forever family, to 
have these children grow up and know that they have the love 
that--all that so many of us experienced as we were growing up.
    So, Senator Grassley, thank you very much for having this 
hearing. I think it is extremely important. And if we start 
having votes, I can slip out, and we will slip back and forth, 
whatever you want to do.
    Senator Grassley. If you will do that, that is the way we 
will do it, then. Senator Cornyn.

             OPENING STATEMENT OF HON. JOHN CORNYN,

             A U.S. SENATOR FROM THE STATE OF TEXAS

    Senator Cornyn. Well, thank you, Mr. Chairman. I just will 
be very brief. First, I just want to welcome all the families 
who traveled here to share their stories. And I thank 
Ambassador Bond for representing the State Department and the 
crucial role that you play in support and guiding American 
families who are adopting internationally.
    I note this afternoon there is a bipartisan meeting with 
the Ambassador to the United States from the Democratic 
Republic of Congo, and, of course, we are going to ask a lot of 
pointed questions about why those children have been detained 
in spite of meeting all the legal requirements.
    I wanted to just note, Mr. Chairman, that apparently I am 
advised that the U.S. Citizenship and Immigration Service was 
invited to participate today but decline and express my concern 
that the Federal agency involved in this process simply refused 
to participate in this--in this hearing. And I think we could 
have learned something from their participation, and I am just 
perplexed why they would decline.
    But having said that, I look forward to hearing everyone's 
testimony, and thank you very much for convening the hearing, 
Mr. Chairman.
    Chairman Grassley. Their excuse was the 2-week notice we 
gave them wasn't long enough notice to appear.
    Senator Cornyn. That strikes me as ridiculous.
    Chairman Grassley. Yes. I had a little longer statement, 
and I am going to put the rest of my statement in the record. 
Now, I will introduce our Assistant Secretary. Ambassador Bond 
was sworn in August 10th this year. She has a big job of 
leading a team of 13,000 consular professionals in almost 300 
locations around the United States and around the world. 
Ambassador Bond had served as Acting Assistant Secretary since 
April 2014, having joined the Bureau as a Principal Deputy 
Assistant Secretary December 2012. She previously served as 
U.S. Ambassador to the Kingdom of Lesotho and before that as 
Deputy Assistant Secretary for Overseas Citizens Services, 
Bureau of Consular Affairs. She is a career member of the 
Senior Foreign Service. Ambassador Bond has more than 38 years 
of diplomatic experience in three different continents--Europe, 
Africa, and Latin America.
    Go ahead, please, and welcome.

        STATEMENT OF THE HONORABLE MICHELE THOREN BOND,

        ASSISTANT SECRETARY, BUREAU OF CONSULAR AFFAIRS,

            U.S. DEPARTMENT OF STATE, WASHINGTON, DC

    Ambassador Bond. Thank you, Chairman Grassley, Ranking 
Member Leahy, Senator Cornyn. I appreciate this opportunity to 
highlight the Department of State's efforts to support 
intercountry adoption.
    First, I would like to thank you personally for your 
leadership on the Adoptive Family Relief Act of 2015. We 
already are implementing this law. In my written statement, I 
discuss the central policy role of the Bureau of Consular 
Affairs in intercountry adoptions. Today, I will highlight a 
few key points from my written statement, which I request be 
entered into the record.
    I have traveled to Kinshasa twice this year to engage the 
Government of the Democratic Republic of Congo on adoptions, 
and I met in Kinshasa and in Washington with some of the 
families affected by the DRC's indefensible decision to 
request--refuse exit permits for children with finalized 
adoptions. Although the DRC Government recently agreed to allow 
14 children legally adopted by American parents to leave the 
country for the United States, that is a cruelly small number. 
The Bureaus of Consular Affairs and African Affairs and the 
Department's senior leadership will continue to press the DRC 
Government until all children are united with their loving 
families.
    As you mentioned, November is National Adoption Month. Over 
the past 15 years, U.S. families have welcomed more than 
250,000 adopted children into their homes from more than 100 
different countries. Although our endeavors continue year-
round, we use this month to highlight the tremendous effort and 
hard work of the Bureau of Consular Affairs, the entire team 
here and at our posts overseas, to provide permanency to 
children all over the world.
    The Bureau of Consular Affairs is the central authority for 
The Hague Adoption Convention. We work diligently to maintain 
intercountry adoption as a viable option for children 
throughout the world. We pursue solutions to problems that 
American families face during the intercountry adoption 
process. This is one of our highest priorities, and it is an 
issue I have focused on throughout my career.
    Mr. Chairman and Ranking Member Leahy, the Bureau of 
Consular Affairs continuously engages countries around the 
world on this issue. Thanks in large part to my team of 
extraordinary, dedicated, and talented consular professionals, 
dozens of whom work specifically and exclusively on adoption 
issues, we have made measurable progress to create a more 
transparent, accountable process for intercountry adoption. But 
we are not satisfied with where we are, and we are absolutely 
focused on finding ways to make the process more transparent, 
more accountable, and more efficient and rapid. I am very proud 
of the work that we do every day to support the children and 
their families as we continue our efforts to get it better the 
next day.
    Our efforts have resulted in progress in some specific 
countries. To highlight just a couple of examples, in Haiti, 
now a convention country, we have found a cooperative partner 
working constructively with us to resolve lingering issues. 
Many levels of the U.S. interagency team engaged closely with 
Haitian officials prior to Haiti's accession to the convention, 
and we continue to do so to promote smooth adoption processing 
and provide technical assistance.
    In Vietnam, we recently established a special adoption 
program for children with special needs, older children, and 
children in sibling groups, all of them the hardest to place 
and children who desperately need homes.
    Intercountry adoption binds nations together to support the 
best interests of children. It reflects our country's history 
as a Nation of immigrants made stronger by diversity. 
International adoptions, when conducted under appropriate 
guidelines, offer an incredible life-changing opportunity to 
unite parents with a child who needs a home.
    While many of our efforts have proven successful, there is 
much work still to be done. Our embassies and consulates abroad 
and our staff here in Washington are committed to work every 
day to support intercountry adoption, to advance it as an 
option for children throughout the world, and to serve 
Americans who are seeking to provide loving homes to children 
who need them. Thank you for inviting me here today, and I look 
forward to your questions.
    [The prepared statement of Ambassador Bond appears as a 
submission for the record.]
    Senator Grassley. Okay. The order of the people that are 
present would be me and Senator Leahy, and then Senator Cornyn 
and then Senator Klobuchar.
    We know that you and your Department have tried to relay 
our desires to help the Congolese Government resolve 
outstanding issues on the suspension, and then we've had this 
devastating news this month that these adopted children will 
not be allowed to go until Congo implements a new law. Do you 
know the status of that new law being considered by Congo?
    Ambassador Bond. Yes, sir, we are told that it is in final 
draft form and that they are ready to present it to the 
Parliament. They have been saying that, though, for a long 
time, so it's hard to know for sure just how close they are to 
moving the draft through the Council of Ministers and then on 
to Parliament.
    Senator Grassley. That is further disappointment from that 
government. Has the Congo assured you that the new law would 
not be retroactive? Or do American families have reason to fear 
that all their efforts could be reversed with this new law?
    Ambassador Bond. Regrettably, the government has not given 
us any such assurance, and they haven't said specifically one 
way or the other. We do have good contacts with members of 
Parliament in Congo. I have met with them on both of my visits 
to Kinshasa, and, of course, the embassy is regularly in 
contact. We're going to be urging them to ensure that whatever 
legislation they pass makes it clear that already finalized 
adoptions are not affected by this law and should move forward 
immediately and not be relegislated or reconsidered under the 
new legislation.
    Senator Grassley. I suppose there are 400 different answers 
to my next question, according to the families involved, but 
could you shed any light on what is happening to the children 
who have been formally adopted by U.S. parents but still remain 
in the Congo? Are they living in foster homes or orphanages? 
And is the Congo Government providing for them?
    Ambassador Bond. Their parents provide for them. Their 
parents are sending money every month to cover their living 
expenses. The different children are in different 
circumstances. Some live with foster families. Some are in 
orphanages. And I had the opportunity to visit two--one of them 
right in Kinshasa and one a little bit out of town. I wouldn't 
want to have a child spend very much time in either place. They 
were being kept safe. They were being fed. They aren't going to 
be hurt there. But there was no stimulation. There wasn't a 
piece of chalk to draw on the wall with. The total stimulation 
for those kids consists of playing with each other. And the 
food that they received at the two places I visited, the diet 
was completely inadequate, very, very limited. It's not going 
to give children the nutritious range of things that they need 
in order to grow and in order for their brains to develop as 
they need to. As you know, these are critical years. So, I 
would say based on what I have seen, the care the children are 
receiving is not close to adequate.
    Senator Grassley. Okay. And how many American adopted--how 
many American adopted children have died in the Congo since the 
exit permit suspension in 2013?
    Ambassador Bond. Sir, I know of several children who have 
died. I don't have a specific number, but not one of those 
deaths can we say was not preventable. If those children had 
been allowed to join their families, they would not have died.
    Senator Grassley. Okay. In your testimony, you mentioned 
the financial strain on families who adopt from abroad, 
especially families who have children from the Congo. This 
Committee passed the Adoptive Family Relief Act, which was 
signed into law to allow your Department to waive visa renewal 
fees for families who are unable to bring children home due to 
the exit permit suspension. I understand that some parents have 
chosen to move to the Congo to be closer to their children and 
to personally care for them. Could you elaborate on the 
financial strain that many families are facing because of the 
Congolese exit permit suspension? And then I will go to Senator 
Leahy.
    Ambassador Bond. Senator Grassley, it's true that some 
families have been able to establish temporary residence in 
Kinshasa so that they are living with their children. That has 
exerted a tremendous strain on them, however. In some cases, 
they have children who are left behind in the United States, 
sometimes with the other parent or with grandparents, in order 
that a parent be able to be with the child or children that 
they are adopting from the DRC.
    As for the families that are not in a position to live in 
the DRC, many of them have traveled regularly, as frequently as 
they can, in order to see the children and maintain the bonds 
that have been developed. Some families are not able to travel, 
and that--that imposes a burden and a pain of its own, the fact 
that they can't go.
    Families are paying a range of fees around $400 or $500 a 
month, month after month, to sustain these children, and they 
really don't have any way of knowing exactly how much of the 
money that they are providing is used for the children and how 
much of it is going somewhere else.
    Senator Grassley. Senator Leahy.
    Senator Leahy. Thank you. Ambassador Bond, I think the 
Chairman has asked a number of the questions that I would have. 
First off, thank you for going to Congo. Thank you for not just 
looking at it in the abstract from your office but actually 
going there and seeing. I wish you were seeing better things, 
but thank you for doing it and bringing--bringing the evidence 
back here. It is helpful just as it is heartbreaking.
    I would just simply ask this: What can Congress do to help 
the State Department or USCIS so that more American families 
can get through this more quickly? Because I worry about--I 
understand their desire to help, their willingness to send 
money overseas. You always wonder who's going to siphon off 
some of that money if you are talking about children sitting 
there with none of the normal stimulation that we would expect. 
So, what more can we do to help you?
    Ambassador Bond. Sir, we are working, as I mentioned in my 
statement, to try to shorten the process. I'm not exactly sure 
whether your question is related specifically to the DRC or 
more broadly.
    Senator Leahy. Well, more broadly. I mean, is it money, 
changing the law, whatever? Feel free. You do not have to run 
this through OMB or anything else. Just tell us what you think.
    Ambassador Bond. Praise the Lord.
    [Laughter.]
    Senator Leahy. I thought you might like that.
    Ambassador Bond. So, as I mentioned, we want--we want to 
make the process more efficient and more transparent. We 
recognize there is a lot of paperwork, and it is a necessary 
fact that both governments, ours and the other government, want 
to be sure that the people who are adopting these children have 
been carefully vetted and are people who are going to provide a 
safe and secure and loving home for the children that they 
adopt. And there are also elements of the process that are 
designed to make sure that the children themselves are really 
orphans and have not been somehow, you know, bought or 
maneuvered into a position of being described as children who 
need homes when they are not.
    One of the explicit goals of our adoption strategy which we 
have recently revised and refocused is to, for example, map the 
adoption process in individual countries, to know step by step 
what their process is so that we can identify steps that we 
think perhaps could be eliminated or conflated and make the 
whole process faster, and some of that we might be able to 
control, or we can work with the other government to try to 
make that so.
    In June, I led the U.S. delegation to The Hague Permanent 
Bureau's gathering. They meet every 5 years, and I led our 
delegation in 2010 as well. All the member countries, more than 
100 of them, were there, and the focus was on how can we 
communicate better, how can we work better, both in the 
countries that are receiving children who are being adopted and 
those who are sending. The United States is both, as I am sure 
you know. We prioritize visas, adoption visas, so that when 
we're at a point where we can issue that visa, it is the next 
thing to happen in the consular section; those families do not 
have to wait.
    So, there are a number of things that we are doing that are 
within our control, and we work very closely with USCIS. They 
are outstanding partners on this and equally committed to 
finding ways to make this whole process more efficient.
    In terms of what Congress can do, Senator, I would--I would 
point to a request that is in the Department's 2016 budget to 
consider broadening the way that the fraud funds that are 
currently collected could be used not only to address and 
identify potential fraud for H visas and L visas, which is the 
way the law is currently written, but to broaden that so that 
we could use it for anti-fraud work and investigations for all 
types of visas, including adoption visas. There are places 
where we would be able to enable more children to be eligible 
for adoption if we had the resources we need to clearly 
demonstrate that they are eligible to be adopted. So, I would 
ask that you and others take a look at that proposal in the 
Department's budget.
    Senator Leahy. Thank you very, very much. Thank you, Mr. 
Chairman.
    Chairman Grassley. Senator Cornyn.
    Senator Cornyn. Thank you, Ambassador Bond. You've answered 
a lot of the questions that I had, asked by those who preceded 
me. I know that the State Department and everybody involved in 
an adoption involving an intercountry--intercountry adoption 
takes a lot of care to make sure that the safety of the child 
is considered foremost, the child is going to be supported 
adequately once the adoption takes place, and protected from 
any sort of exploitation or harm.
    Would you describe perhaps at a 30,000-foot level what sort 
of background checks and screenings are overseen by the United 
States Government, including, as I understand, a home study by 
the Citizenship and Immigration Service, in order to protect 
these prospective adoptive children?
    Ambassador Bond. Yes, Senator. At a 30,000-foot level, the 
focus of the home study is to ensure that the parent or the 
married couple that are applying to be approved to adopt a 
foreign-born child are stable, that they--that they have a 
stable income, that they aren't people who have a history of 
mismanaging their finances, that they have the medical ability, 
their health is such that they are able to adopt, that they 
have no criminal record, that there is no suggestion of discord 
in the marriage. You can imagine situations where people say, 
``Gee, we fight all the time. If only we had a baby, then it 
would be better.'' Right? That would not be a good choice.
    So, that's the idea of the--a social worker actually visits 
the home on more than one occasion. They talk to the parents 
about their own experiences growing up and their understanding 
of what it means to be a parent and their approach to 
parenthood. They look at the home where the child will live and 
if there are any other adults living in that home. Sometimes 
there could be a grandparent or one of them might have a 
brother or sister. Anyone else is going to get the same 
screening to be sure that they are also people that a child is 
safe living with.
    Senator Cornyn. Thank you for your answer.
    I know we've focused on the Congo, and there is going to be 
a meeting, a bipartisan meeting, this afternoon. I know Senator 
Klobuchar is going to be there and others to talk to the 
Ambassador to try to get a better answer than you have been 
able to get so far, and we're hopeful of that. And, of course, 
we have pictures of some of the children reflected here in the 
audience who have already been adopted, and they have done 
everything that has been required of them, and yet the 
Government of the Democratic Republic of Congo has simply 
refused to honor those--those adoptions.
    It's not just the Congo, as you know. I have a constituent 
who I think may be here in the audience today, Ruth Sheehan, 
who has been trying to adopt a child from Guatemala and 
encountering all sorts of corruption and other problems. And, 
unfortunately, her adoptive child has been subjected to 
physical abuse and has been placed in an underfunded orphanage 
subject to perhaps some of the similar conditions that you 
described earlier in some of the orphanages that you visited.
    But let me come back to what I consider to be the entirely 
appropriate sort of background checks, the screenings, and home 
studies that--to which prospective adoptive parents are 
subjected and just express to you a concern. And this is not 
directed at you, but it is directed at the United States 
Government and the administration more generally.
    In FY 2014, there were 68,445 unaccompanied minor children 
that came to the United States from Central America. In Fiscal 
Year 2015, there were 39,970 unaccompanied minors who came from 
Central America into the United States. Because there has no--
has been very little cooperation to try to deal--try to address 
this challenge, these children are being placed with people 
here in the United States that have not undergone a background 
study--a home study, that have not undergone a background 
check, and have not been screened, certainly not to the extent 
that prospective adoptive parents have.
    And so, I fear that the appropriate steps that are being 
taken on these inter--intercountry adoptions, entirely 
appropriate steps, are being denied to these tens of thousands 
of unaccompanied minor children who are streaming across our 
border and are being placed with people here in the United 
States and being subjected to potential problems relative to 
their safety, their financial support that they would need in 
order to flourish, and potential exploitation. So, I would just 
note that contradiction. Some might call it an irony, but I 
think it's worse than that.
    So, as I said, I am not directing that at you, but I do 
think we need to think about and do more to address the 
potential concerns with regard to safety, support, and 
exploitation of these children who have streamed across our 
border and apparently with no real effort made to followup and 
make sure for their well-being. I see my time is up. Thank you 
very much.
    Chairman Grassley. Senator Klobuchar.
    Senator Klobuchar. Well, thank you very much, Ambassador 
Bond, and thank you, Mr. Chairman, for holding this important 
hearing during National Adoption Month. Senator Blunt and I 
actually are going on the floor in about an hour with our 
successful resolution in support of Adoption Month, and we have 
more than 30 Senators on it, and growing. So, I think you know 
there is bipartisan support for adoption issues.
    I actually took Senator Landrieu's place on the 
Congressional adoption--Coalition on Adoption, and Senator 
Grassley is involved in this, and many others. And so, as you 
know, we have worked really hard in the last few years to try 
to resolve some of the problems with international adoptions. 
We were successful with Senator Sessions' and Senator Inhofe's 
help in passing the bill which allowed older siblings to be 
adopted if a younger sibling had been adopted, allowing 
thousands of families to be reunited, including a family in 
Minnesota where they had adopted nine children from the 
Philippines, and it was like the Philippines ``Sound of Music'' 
to meet with them.
    We--also, Senator Blunt and I have been working on other 
issues with international adoptions as well as supporting 
adopting families with the post-adoption support, which we know 
is sometimes lacking in certain States.
    So, I think I would just start in general, and a lot of the 
Congo questions, I obviously have families in Minnesota that 
have been just tragically awaiting these children that they 
want to see, and we are looking forward to the meeting this 
afternoon. But I thought I would focus on just, in general, 
what is going on with international adoptions. Why has it been 
so hard to bring these children in beyond the Congo problem?
    Ambassador Bond. Our experience shows very clearly that the 
work to encourage and promote adoptions as an option for 
children, it really depends on the country that you are working 
with. And that's part of our job and part of the advantage of 
the fact that we have people who are in those countries, 
working in those countries, often speaking the language, and 
able to work directly with whatever ministries in those 
countries are responsible for their children in foster care or 
in orphanages to identify what--what more we could be doing in 
order to enable more children to be considered for placement 
with foreign families, including American families.
    So, it really depends. For example, in China, a country 
where many Americans have adopted children, and we've been 
getting questions over the last few weeks, since China has 
announced that they will now----
    Senator Klobuchar. Their new policy.
    Ambassador Bond. Right, that they will allow a second 
child, and we have been asked, will this affect the 
availability of children who might be adopted by Americans? We 
actually anticipate that it won't, because it has been true for 
some time that most of the children that are adopted from China 
are older or they have special needs and they're not anymore 
the infant girls that made up the majority of children some 
years ago.
    So, in different countries, whether it is Ethiopia or 
others, you name it, Lesotho, the situation and the receptive 
approach of that government to the idea of adoption or their 
understanding of how to do it right really varies. And what we 
have been focused on is first identifying the countries that 
are perhaps most likely to be willing to be more open and make 
sure that we are focused there, but also to offer the technical 
assistance that some may need in order to understand how to set 
up an appropriate screening process and how to--how to 
establish the kind of data base that would ensure that children 
don't kind of fall through the cracks, that if they are----
    Senator Klobuchar. Yes, I think part of this is we had to 
put legal--there are legal requirements that countries are 
putting in place, and we're in this time of transition. But 
it's been hard on a lot of families, obviously, to adopt.
    Ambassador Bond. It absolutely has.
    Senator Klobuchar. The Russian adoption ban I don't think 
we have talked about, and that has been heartbreaking in my 
State for families that have maybe adopted one child and 
thought they were going to adopt the second child, and for they 
were literally political pawns, made political pawns. And, can 
you talk about the scope of the human impact on this ban and 
just if there is any chance of lifting that ban and what you 
have heard?
    Ambassador Bond. That is a completely heartbreaking 
situation, especially when you think of the children who have 
met their parents and thought they were joining a family. I was 
in Moscow last week for annual bilateral discussions, and the 
subject was discussed, but there is no indication from their 
side that they are prepared to change their position at this 
time. We will not stop raising it.
    Senator Klobuchar. Thank you, and I know there is going to 
be a witness on the second panel that focuses on Russia.
    And my last question is really we also have to remember 
that there are so many U.S. adoptions. I ran the county 
attorney's office in Minnesota, and we spent a lot of time on 
those adoptions and speeding up the time for domestic adoptions 
and the time from foster care to adoptions. And one of the 
things we have learned is that these families, as I mentioned, 
don't get the kind of pre- or post-adoption support after they 
adopt a child, and we have had some really disastrous issues 
with a kid being sent back, as you remember, to Russia and 
other things. Could you talk--we have a bill that would try to 
get at some of that. And, could you talk about this issue and 
how it affects adoption?
    Ambassador Bond. Well, I think one of the reasons that 
those relatively rare but tragic situations occur is that some 
of those parents are not aware of the resources that are 
available to them, which they may be able to access by working 
with their adoption agency, for example, because those folks 
are experts in the field, or by turning to the State offices 
that assist families with--with troubled kids and are able to 
identify the resources that are available.
    So, I think that what you often see is that the cases that 
get all the notoriety and attention and that are, thankfully, 
rare but they are still tragic, involve people who didn't turn 
to the resources that were available. And I agree with you that 
it would be good for States to be looking for ways to make more 
resources available to all parents. But, I believe, in some of 
these cases there were resources available and the children did 
not benefit from them.
    Senator Klobuchar. All right. Thank you very much.
    Chairman Grassley. I have one question, and then we'll let 
you go. The vote is starting, but I think Senator Leahy is 
going to go vote, and then for the second panel, we will be 
able to continue.
    This is following up on Senator Klobuchar bringing up 
Russia. I know a lot of families have been devastated by that, 
so, specifically, what options has the Department proposed to 
China? And what has been their response to your suggestions? 
And then kind of a status on the 250 children that were in the 
process of being adopted, and then do those parents know their 
children's whereabouts?
    Ambassador Bond. There are some cases where the parents 
have been able to maintain contact with the children, 
primarily, I would guess, those are older children who have the 
ability to, you know, stay in touch. I think the parents of 
very young children probably are not able to maintain contact 
or even get information because based on the reports, including 
from the mother who will testify later, the Russian officials 
have not been willing to provide information and to be 
forthcoming.
    That's a tragedy because these are officials who know very 
well just what the kids have lost. I was responsible for 
adoptions in Russia for 2 years and served in the embassy 
there, and the people who are running those orphanages, they 
meet the parents, they see the post-adoption reports, they know 
exactly how lucky the children are who have been adopted by 
Americans and others. And they know what a tragedy it was for 
this to be cutoff without warning and without recourse.
    We will continue to push the Russians to reconsider, and 
the other thing that we are doing in individual cases is when 
the parents are in touch with the children, we will do what we 
can to help them try to assist those kids, maybe by helping 
them get a better education than they might otherwise or have 
access to other kinds of resources, even though they do have to 
remain in the foster care or the orphanage system in Russia.
    Chairman Grassley. Thank you very much, and I know you are 
working hard. Continue to work hard, and particularly with 
Congo and Russia. Thank you very much. So, you can go now. Or 
you can stay if you want to stay.
    [Laughter.]
    Chairman Grassley. Would the--would the next panelists come 
while I am introducing you, please?
    You have already heard me talk about Dr. Rick Wilkerson of 
Spencer, Iowa, father of nine children, three of which were 
adopted from foster care and two from abroad. Dr. Wilkerson and 
his wife visited Haiti in 2010 earthquake situation for a 
medical mission trip. At that time he visited an orphanage and 
saw children in need, some of which he has since adopted. He 
began a nonprofit, ``Love Takes Root,'' dedicated to helping 
children in Haiti.
    We next have Christine Hutchins of Vermont, adopted her 
son, James, from Sierra Leone, and you heard Senator Leahy talk 
about this. She happens to be a graduate of Trinity College and 
has been employed in the Human Resource Department at 
champagne--Champlain College for 15 years.
    Katie Horton of Virginia a mother of a 9-year-old daughter 
who was adopted from Russia in 2008. Ms. Horton was on track to 
adopt a second child from Russia in 2010 before that country 
halted all adoptions. She previously worked with those of us on 
the Senate Finance Committee and is currently a professor of 
the Department of Health Policy and Management at George 
Washington University.
    And then Nicole Craig, of Wisconsin, is one of 400 families 
who is waiting for the Democratic Republic of Congo to issue 
exit permit for American adopted children. Nicole started this 
process over 3 years ago so she represents the voices of many 
families--and I guess we can number them at 400--who want to 
bring their children home.
    So, I think--I usually say we are going to do it the way I 
introduced you, but we will go with Dr. Wilkerson and then Ms. 
Horton and then Ms. Craig and then you, Ms. Hutchins. Okay?
    Have you voted?
    Senator Sessions. No.
    Chairman Grassley. There is a vote. You better go vote. And 
then Senator Leahy is coming back, and I will go vote. Would 
you start our, Mr. Wilkerson--Dr. Wilkerson.

               STATEMENT OF RICK WILKERSON, D.O.,

                         SPENCER, IOWA

    Dr. Wilkerson. Good morning, Senator Grassley. First I 
would like to go ahead and thank you and the other Members of 
the Judiciary Committee for the opportunity to visit this 
morning and provide testimony on my experience with 
international adoption. I also would like to thank the Members 
of the Committee who are part of the Congressional Coalition on 
Adoption for being involved in this very important bipartisan 
caucus, which, as you know, is the largest caucus in Congress. 
And for those of you that are not a Member, I would recommend 
you consider becoming one.
    From the brief biography I think that the Members of the 
Committee have already seen, my wife and I are already the 
proud parents of nine children, five of whom have been adopted, 
two through international adoption. The child that I would like 
to discuss the case of this morning was our child, Junior, who 
was adopted from Haiti.
    In 2010, following the earthquake disaster in Haiti, I was 
given the opportunity to go to Haiti to work in the 
humanitarian effort to provide care to people in Haiti by the 
Orthopaedic Trauma Association. I arrived in--at the Hopital 
Adventiste d'Haiti in Carrefour, which is right on the 
outskirts of Port-au-Prince, in June 2010. It was really the 
only functioning operating hospital at the time in the center 
of Haiti, and upon arrival there, it became quite obvious what 
the degree of devastation was as a result of the earthquake.
    Once at the hospital, I was surprised to find that I was 
the only physician there to provide care for the patients for 
the next 3 weeks, and luckily I was provided with an excellent 
Haitian health care staff which gave me great assistance.
    Shortly after arriving there, I was almost run over by an 
8-year-old child on a Razor Scooter by the name of Junior, who 
at the age of 4 had the misfortune of losing his mother, and 
then just 3 days before I arrived lost his father. Junior had 
no remaining family members to provide care, so had basically 
been living in the hospital hallway.
    During my workday, I would be doing surgery and seeing 
clinic--making rounds, and maybe able to spend time with Junior 
helping him with his English and playing some games. It was 
very soon after that we formed a very strong bond, and I also 
learned that, unfortunately, Junior had a very serious medical 
condition that was not being cared for really at all at that 
time.
    As I looked into this situation, I was surprised to find 
that, despite the efforts of the World Health Organization in 
providing treatment for many of the serious conditions around 
the world, much too often those donated medications and forms 
of treatment are actually diverted from the needy patient and 
is sold on the marketplace in an other than honest way.
    Upon leaving Haiti, I returned to Iowa and discussed with 
my wife and other children the prospects of bringing Junior to 
the United States for medical care, and we all agreed that that 
would be something that we would look into. After about 10 
months and many thousands of dollars and many hours by a large 
number of people volunteering assistance, Junior did 
successfully arrive in the United States, and then 2 years 
later was adopted here in the U.S. by my wife and I. I am glad 
to report that he is quite healthy today as a result of the 
medical care he received and is doing very, very well, just 
finishing his football season in the eighth grade and getting 
ready to start wrestling, which, as you know, is the backbone 
of Iowa.
    As a result of this international work, my wife and I have 
now formed a charitable foundation called ``Love Takes Root,'' 
with our first mission being to rebuild the orphanage school 
which was kind enough to take Junior while we were waiting the 
paperwork drill of getting him here to the United States.
    We moved the project to the rural area of the southern part 
of Haiti and have built an orphanage with two cottages for 65 
children, a dining room and kitchen. We have completed our 
primary school and medical clinic, which we staff 1 week per 
month throughout the year, and then also is staffed the rest of 
the time with a Haitian physician and nurse. Right now we are 
in the process of building a secondary school which should be 
completed by June 2016. We have not only our 65 Haitian 
children in the school, but also 100 kids from the neighborhood 
who have also taken advantage of the school being there.
    The efforts to bring Junior here to the U.S. made me aware 
of many things I had not been aware of, partly through my 
introduction to the Congressional Coalition for Adoption 
Institute, and one of those is the difficulty that many people 
in the U.S. have not only adopting overseas but also locally. 
As you know, there are many caring, loving families that would 
love to adopt a child. In the U.S. alone right now, there are 
over 108,000 children who are in the foster care system 
awaiting adoption.
    Unfortunately, Ms. Bond, Secretary Bond, mentioned about 
the home study, the many things and the hoops that an adopting 
family must go through, all of which incur an expense. And many 
of these adopting families, unfortunately, do not have the 
means to go ahead and afford that. Therefore, we have 108,000 
kids waiting for adoption in the U.S.
    I think one meaningful step that could be taken to help 
resolve the situation not only for international adoption, 
which has a different form of cost, but also for in-country 
adoption, would be passage of Senate 950 and H.R. 2434 to 
provide an actual tax credit to those going through the 
adoption process to help clear the financial hurdle.
    The second issue I wanted to briefly discuss was the 
situation that I have become all too familiar with, which is 
the difficulty in navigating the Immigration and Naturalization 
Service. When seeking assistance from INS, it is all too often 
that the adopting families are met with a pervasive attitude of 
resistance as opposed to assistance to the people that they are 
supposed to be helping, which makes the task of international 
adoption either impossible or at least very, very difficult. I 
think that this very well may at least partially be due to the 
lack of information that some of these employees actually have 
about the different options.
    I came to this conclusion as a result of my case, which 
initially was applying for a temporary----
    Chairman Grassley. Dr. Wilkerson, I have to interrupt, not 
to stop you, but I thought maybe Senator Leahy would be back 
here. I have got 3 minutes to go vote, so you finish your 
statement when he comes.
    Dr. Wilkerson. Okay. Very good.
    Chairman Grassley. I am sure he is on his way back, but I 
have not missed a vote in a long time.
    [Laughter.]
    Dr. Wilkerson. And we appreciate that in Iowa.
    [Whereupon the hearing was recessed and reconvened.]
    Senator Tillis [presiding]. Ladies and gentlemen, we are 
going to go ahead and, in the interest of time, continue with 
the testimony. So, Mr. Wilkerson, you can continue, and then 
we'll just move down the line.
    Dr. Wilkerson. Thank you, Mr. Hatch. I am almost done. The 
last suggestion I had----
    Senator Tillis. That would be an upgrade, by the way. I am 
Tillis. I forgot to put my name----
    Dr. Wilkerson. Oh, sorry.
    [Laughter.]
    Dr. Wilkerson. I was going to say, you did not look like 
Mr. Hatch.
    At any rate, the last suggestion I had actually was that 
due to the fact that we have many people to facilitate the 
process for international adoption, too often I have found that 
they are either overworked, don't have the education necessary 
to really adequately assist us, or are unwilling to. And this 
came to light as a result of my own case when I tried to bring 
Junior here under a temporary visa for a medical purpose and 
found that, despite having been advised by INS that that was 
the proper procedure, I found that it was denied. And it was 
only through the assistance of a Senate staff person, Ms. Emily 
Winterson, who at the time was a staffer for Senator Scott 
Brown, that I became aware of humanitarian parole. And it was 
through her knowledge and efforts and assistance that we were 
able to get Junior here, which, if we wouldn't have, I am sure 
he wouldn't be with us at all today.
    I would recommend that in some way we find a method to 
appropriately train INS so they are familiar with all the 
different options for international adoption for families and 
they also be trained in maybe how to be more facilitative as 
opposed to obstructionist. Thank you.
    [The prepared statement of Dr. Wilkerson appears as a 
submission for the record.]
    Senator Tillis. Ms. Horton.

                   STATEMENT OF KATIE HORTON,

                      ALEXANDRIA, VIRGINIA

    Ms. Horton. Senator Tillis and honorable Members of the 
Committee, thank you for the opportunity to appear before you 
this morning. My name is Katie Horton, and I am a research 
professor at the Milken Institute School of Public Health at 
the George Washington University. More importantly, I am the 
mom of a wonderful 9-year-old little girl named Emma who I 
adopted from Russia in 2008. With Emma's permission, I would 
like to share our story with you.
    After much thought and consultation with family and 
friends, in 2007 I decided to pursue international adoption in 
hopes of finding a child in Russia. After many months of 
waiting, I was matched with Emma, who was located in a baby 
home in Samara, Russia. I do believe that God had a hand in 
matching this amazing little girl with me.
    Sorry. This is hard.
    The second I saw her picture, I knew she was meant to join 
my family. I was given little information about Emma other than 
she was born very prematurely to a birth mother who was quite 
ill, she had been in the orphanage for 14 months, and had been 
labeled ``Failure to Thrive.''
    I secured my visa and booked a flight as quickly as 
allowed. When I was finally allowed to meet Emma at the 
orphanage, they brought her into a small playroom where my 
sister and I waited, and I instantly fell in love. She was 
incredibly small for her age and pale from little time outside, 
but she was feisty, funny, and loving. I knew instantly she 
would join my family.
    Emma was 22 months old when she and I arrived back in the 
U.S. There have certainly been challenges and adjustments along 
the way, as there are with any family. After not having a pair 
of shoes in the orphanage, she kept her new pink sandals on 
every night until she was nearly 4. Because she had been so 
tiny, she had been placed with the infants in the orphanage. 
She wouldn't leave the house each morning until every baby doll 
in the house had been kissed and tucked in bed.
    Despite Emma's difficult start in life in the orphanage, 
she is thriving today. She is loving, spunky, fiercely 
independent, and strong in faith. She is currently enjoying 
third grade and doing very well socially and academically. True 
to her Russian heritage, Emma excels at ballet and gymnastics. 
She will be performing next month in the Washington Ballet's 
Nutcracker as a snow angel. Emma has more family, friends, and 
neighbors than I can count, each of whom loves her with all 
their heart.
    I am not so naive to believe that our family's challenges 
are all behind us. Like any family, we will have our ups and 
downs, and I will reach out for help and support when needed. 
What I do know is that Emma is a kind and loving little girl 
who has adjusted beautifully to life in the United States. She 
is happy, and she is loved more than she will ever know.
    I would like to share a second part of my international 
adoption story with you--one that does not have a happy ending. 
Enjoying motherhood more than I could have imagined, I once 
again started the international adoption process in 2010. In 
early 2012, I was matched with a beautiful 6-month-old little 
girl named Polina Ostapova in Apatity, Murmansk.
    I traveled to Russia and spent many days with Polina, 
bonding and imagining the wonderful life ahead for my growing 
family. I signed the notarized Russian petition to adopt and 
other commitment papers and returned to the United States. I 
was told a court date would be sent to me shortly and that 
Polina would likely be home with my family for Christmas.
    In December 2012, Congress passed the Magnitsky Act, a law 
intending to punish Russian officials responsible for the death 
of a Russian lawyer. Shortly after, the Russian parliament 
passed a bill which was widely regarded as retaliation for the 
Magnitsky law. This bill banned all Americans from adopting 
Russian children.
    At this point, the tension between the United States and 
Russia became very personal to approximately 230 American 
families and 300 Russian orphans. We were told by Russia that 
all of our adoptions had been terminated, leaving little hope 
for many of these children to ever find a loving and permanent 
home.
    For the families involved, in our hearts these children 
were already our sons and daughters. We had bonded with these 
wonderful children and made promises to them that we would be 
back to get them. Many were in need of urgent medical care.
    The families fought valiantly to complete their adoptions, 
meeting with U.S. and Russian officials, the press, and anyone 
who might help bring our children home. As you know, our 
efforts were not successful. It is heartbreaking. Most of these 
children remain in an orphanage today. We know this from 
personal reports of individuals the families have worked with 
for years. And what happened to Polina? For about a year after 
the ban, I tried to check in on her frequently. As time 
continued, it became very clear that it was getting more and 
more difficult, and even dangerous, for people in Russia to 
share information about the children caught in the adoption 
ban. In early 2014, I was told that Polina had been moved from 
her orphanage but not yet adopted. To this day, I cannot find 
her.
    Some final thoughts. I will forever be grateful to Russia 
for giving me the most precious thing in my life, which is 
Emma. Sorry. This is really hard. But I am angry and frustrated 
at Russia's leaders, and, frankly, some in our own country for 
not being able to find a way to bring these children to their 
families. It is inexcusable that some sort of humanitarian 
solution could not be reached for these children, including 
Polina.
    There is no doubt that it is possible to provide a loving 
and permanent home for children in need, regardless of their 
country of origin. There are thousands of stories about U.S. 
families adopting successfully from other countries and raising 
happy, healthy, and well-adjusted children. Being born in one 
country should not limit a child's right to a safe and 
permanent home.
    Emma is proud of her Russian heritage, and she is equally 
proud of her American citizenship. We talk about her birth 
parents, her family back in Russia, and often read about Russia 
and its culture. We praise her birth mom for having the courage 
to allow another family to raise Emma when she could not.
    I am blessed to have a wonderful home, a supportive family, 
and many friends as a strong support system. I am especially 
blessed to have one gifted daughter. But I will never 
understand why politics prevented Polina from joining my 
family. I will forever pray that Polina is safe and happy 
somewhere, even if she cannot be here with my family now. 
Thanks for the opportunity to testify.
    [The prepared statement of Ms. Horton appears as a 
submission for the record.]
    Senator Sessions [presiding]. Ms. Craig.

                   STATEMENT OF NICOLE CRAIG,

                      GREEN BAY, WISCONSIN

    Ms. Craig. Members of the Committee, I am deeply honored to 
appear before you today to share the story of our family's 
adoption of Elisabeth Grace from the Democratic Republic of the 
Congo--DRC. On behalf of the hundreds of American families 
whose children are waiting to come home, I am humbled to have 
this opportunity. I would like to take the opportunity to 
recognize my mother, brother, my husband, Kevin, and the other 
waiting adoptive families who have traveled here with me today, 
and also to thank our three boys for their unwavering love and 
support throughout this process. It certainly has not been what 
any of us expected when we began the adoption process 3 years 
ago.
    It was actually 3 years ago this week when we accepted a 
referral of a 5-month-old baby girl named Elisabeth Grace. We 
satisfied every legal requirement in both the United States and 
DRC. On April 8, 2013, we were legally declared her parents by 
a Congolese court. We thought she should be home soon after.
    On September 25, 2013, during the time our case was being 
investigated by the United States, the Congolese suspended the 
issuance of exit permits for adopted children. This meant that 
our daughter and hundreds of other children could not leave 
DRC, and yet we had all the legal responsibility to provide for 
her.
    Three years and five U.S. visa renewals later, we still 
eagerly wait for Grace to be united with us, her forever 
family. We have provided financial support for Grace but have 
yet to give her what every child deserves: a permanent family. 
We exchange photos via email and Skype when she has 
electricity. She asks for her brothers, she sings songs to us, 
and cries for us when we disconnect. We watched and celebrated 
her first steps, three birthdays, and holidays through photos. 
Bittersweet to say the least. She likes to see pictures of her 
bedroom and our home. She is too young to understand why she 
can't be united with her family, and as an adult, I don't fully 
understand it myself.
    Still, she asks whenever we talk to her when she is coming 
home. The lump in my throat swells as I have to say, ``Soon.'' 
We send clothes, school supplies, vitamins, and everything else 
she may need upon request. Imagine a phone call in the middle 
of the night and your child is having seizures, and you are 
8,000 miles away. It's terrifying knowing she has very limited 
access to subpar health care and is an exit permit and a plane 
ride away from the best health care access, diagnosis, and 
treatment. She knows she has a family that loves her. A piece 
of our heart remains separated for reasons we are unclear, and 
we are a family--we as a family are completely broken.
    Grace is not an orphan. Grace is our daughter, a sister, a 
granddaughter, a niece, a cousin. Grace is our family. I am 
certain that this is not just our story, but the story of many 
waiting adoptive DRC families from around the country and the 
globe.
    We have waited for more than 3 years now, and there is no 
real end in sight. On November 4, 2015, the Department of State 
sent an update to waiting families that 14 U.S. children were 
to be granted exit permits. Of the nearly 1,300 cases, DOS told 
us that only 99 had been reviewed by DRC officials. We were 
told that the other children, including Grace, would need to 
wait for new adoption laws to be passed in DRC which may or may 
not be even written or retroactive. It seems we are further 
away from bringing our daughter home now than we have ever 
been.
    Our Congolese adoption decree states, quote, ``That this 
adoption is requested in the greater interests of the child, 
who will thus regain a family who will take charge of her 
development and care by offering her an environment and life 
full of love and affection, which will contribute to her well-
being according to the wishes of the law,'' unquote.
    Our dossier details were listed in this adoption decree to 
include: our home study, criminal records, health and mental 
status reports, income, USCIS conditional approvals, birth 
certificates, marriage licenses, all with dates, and verified. 
They even listed State of Wisconsin license numbers.
    It is clear that concerns of my daughter's well-being and 
our family was thoroughly reviewed and vetted by DRC courts. It 
is clear that DRC wants the same for these children as the 
families that have adopted them. The Congolese court found that 
our adoption was in the best interest of Grace, yet we are not 
able to fulfill our obligations to her. Grace is being denied 
access to educational opportunities and superior health care 
standards that people from other nations, including DRC, seek 
access. Grace is being denied the love of a family--a family 
that has been waiting for 3 years to provide her the love, 
affection, and care we promised.
    I believe we have reached an impasse in this adoption 
crisis where literally an act of Congress is necessary and 
respectfully requested. Congress must urgently engage with 
Congolese decisionmakers to find a solution, much more than 
what has been done in the past 2 years to resolve this crisis. 
I am very grateful for the efforts of Congress to compel DOS to 
find a solution, but diplomatic engagement has so far been 
proven ineffective. The time is now for more active involvement 
of Congress. I would ask that a congressional delegation be 
sent to DRC prior to their December 15th parliament recess. I 
would ask that Congress swiftly pass any legislation for my 
child and the hundreds of other children waiting in DRC to give 
to them the rights being denied by the exit suspension.
    Imagine for one moment that this is your child or 
grandchild. Imagine that for more than 2 years you are actively 
prevented from parenting your child, from holding her when she 
is scared, from filling her belly with food, from tucking her 
in each night and kissing her forehead each morning. Imagine. 
And then tell me what you would be willing to do.
    Every day matters for these children. Every day my daughter 
and the hundreds of others are kept from us is an injustice. 
These children deserve a solution now. Please help us find a 
way to bring our children home. Thank you.
    [The prepared statement of Ms. Craig appears as a 
submission for the record.]
    Chairman Grassley [presiding]. Thank you, Ms. Craig. Now, 
Ms. Hutchins.

                STATEMENT OF CHRISTINE HUTCHINS,

                       CAMBRIDGE, VERMONT

    Ms. Hutchins. Thank you for the opportunity to speak and 
give testimony of my family's international adoption story. We 
are honored to have been invited by Senator Leahy and Chairman 
Grassley. Thank you.
    Senator Leahy has introduced my family who are here with 
me: my husband, Jonathan, and our son, James; my sister-in-law, 
Jennifer, and her husband, Greg, and their daughter, Grace. We 
were together throughout the entire process as James and Grace 
are twins.
    Our adoption story began in April 2014. I had just come out 
of a meeting with a colleague, with tears in my eyes, saying, 
``I will never be a mother.'' After nearly 10 years of 
infertility trials, it seemed my husband and I would not ever 
have the child we dreamed of. When I sat down at my computer 
after that meeting, I opened my email and saw a message from a 
friend of the family. I opened the email to see pictures of 
these beautiful babies, just about 15 days old.
    We had never thought about adoption primarily because of 
the expense. But our friend Ruth Search, a missionary in Sierra 
Leone, had been contacted by a father whose wife had just died 
from malaria only days after giving birth to James and Grace. 
Part of Ruth's program supports families by providing infant 
formula when needed, but requires the family to continue to 
care for their child. The father, who desperately needed help 
feeding the twins, said he thought his sister-in-law would be 
able to care for them.
    The next day, he came back to Ruth's with babies in arm, 
riding on a back of a motorcycle. He handed the two infant 
babies to Ruth and said, ``Please, take my children, my sister-
in-law cannot care for them and I cannot afford to raise them. 
I want them to live.'' He is a very poor fisherman, paid in 
fish, and he is also supporting an 8-year-old daughter. Sierra 
Leone has one of the highest infant mortality rates in the 
world; one in five children do not live to the age of 5.
    In Sierra Leone, it is seen sometimes as a weakness to give 
up a child. Usually, a family unable to care for a child would 
leave the child for dead rather than find the child a home. We 
feel that James and Grace's father, Papa Alusine, as we call 
him, did a huge act of love in wanting his children to live.
    Our friend Ruth had never helped with an adoption before, 
though she and her husband had adopted their daughter 7 years 
ago from Sierra Leon and knew the process. She sought out a 
lawyer in Sierra Leone and then reached out to my family 
through my mother-in-law. She knew that Jonathan and I had been 
struggling to have a family and that Jen and Greg had also had 
difficulties. My mother-in-law instantly said, ``Yes, contact 
them.''
    The email asked if one couple wanted to explore the 
adoption of both twins or if each couple wanted to adopt. Papa 
Alusine's requirement was that the babies grow up knowing that 
they are brother and sister, but not necessarily having to be 
adopted together. And I tell you, they are brother and sister 
in every sense of the word.
    We are very close to Jen and Greg and live only 10 minutes 
away from them. So, within a few hours, we decided to take a 
huge leap of faith and pursue this together. In the meantime, 
the babies lived with Ruth and her family in Sierra Leone with 
hired nannies in a very safe environment. They were never in an 
orphanage, which was very comforting to us.
    Our first step was to immediately get our home studies done 
and for Ruth to take care of the paperwork on the Sierra Leone 
side--making sure the affidavits were signed and the 6-month 
fostering period were required and approved.
    A few months after we started the process, the Ebola 
epidemic hit western Africa. Ruth and her family wanted to 
leave to keep themselves safe, but did not want to leave our 
children behind. We tried to do the adoption by proxy, but that 
was not allowed. We tried many different avenues so that there 
was not unnecessary travel to Sierra Leone where Ebola was 
taking its toll.
    As a last option, our friend decided to try to petition the 
U.S. Embassy for a visitor visa for the babies to come to the 
U.S. to stay with us and be safe during the epidemic. Then we 
would return to Sierra Leone with the babies once it was safer, 
to finalize the adoptions. The visa petitions were accepted, 
and on September 23, 2014, James and Grace arrived in New York 
City into their mommies' and daddies' arms for the very first 
time at 5\1/2\ months old.
    During this entire time, we were dealing with paperwork 
with USCIS, filing first the I-600, then learning that we 
should have filed the I-600A first. We were going back and 
forth with our USCIS officer to figure out what evidence they 
needed to approve our petitions and not to mention the 
countless calls to Senator Leahy's office to help us navigate 
this windy road that is international adoption.
    As promised that we would do, we went back--went to Sierra 
Leone in April of this year to finalize the adoptions. On May 
4th, James became officially James Anson Hutchins, and Grace 
became Grace Sierra Smithers, and we officially became their 
parents.
    While in Sierra Leone, we had to wait for several steps, 
including getting the judge to write the court order, the 
country to register the adoption, and then having to email the 
paperwork to our husbands who had left 2 weeks earlier, to 
snail-mail information to USCIS Missouri, and then wait again. 
Then for the National Visa Center, then to the--I am sorry, the 
National Benefits Center, and then to the National Visa Center, 
and then finally the U.S. Embassy/Department of State. We were 
finally on our way home on June 25, 2015, 2 months and 6 days 
after we started our trip to finalize our adoptions and make 
our children U.S. citizens.
    In some respects we feel that our case went quickly through 
USCIS after the adoption was final. We provided the documents 
we needed to prove orphan status. There could have been an 
investigation done by the embassy after receiving the paperwork 
to verify orphan status. Why can't this step be done up prior 
to the adoption, to make sure that the children are orphaned 
before the emotional pain and time takes its toll and you fall 
in love with a child that you call your own? We understand that 
there are many checks and balances in the process. We want to 
make sure our children are legitimately orphaned. But this 
should be done prior to an adoption.
    In addition to the emotional struggles, international 
adoptions can be very expensive. For many, there are few, if 
any, employer-paid benefits to assist with this process, and 
now with the Universal Accreditation Act, private adoptions are 
no longer possible. People must now have an adoption agency to 
go through the immigration process, further adding to the 
expenses.
    We were fortunate. We were able to stay with our friends 
while in Sierra Leone, in a very Westernized home. But, 
however, picture the house, enclosed with a 10-foot cement wall 
with razor wire and glass at that top to prevent home break-
ins, and the compound was closed off by a steel door. This is 
where we spent most of our time. Because of the Ebola epidemic, 
we were unable to leave and visit the country. In many ways, we 
felt like prisoners.
    If we were to summarize our challenges of an international 
adoption, they would be: Take away some of the mystification 
around USCIS, to be able to have everyone be able to have 
contact with their USCIS officer so they know what is going on; 
U.S. immigration can take an incredibly large amount--long 
amount of time. We were told it could be 75 business days. Once 
the adoption is complete, it should be a quick process--maybe a 
temporary visa to get the family home to the U.S. and finalize 
here. Or could U.S. immigration do their investigations for all 
child--children prior to adoptions when a child is identified? 
Sierra Leone is a non-Hague Convention country. With Hague 
countries, the visa applications are filed prior to adoptions 
and, therefore, orphan status seems to be determined prior to 
the emotional attachment to a child.
    We know of other families that are having difficulties in 
non-Hague countries with USCIS and getting their children home. 
They have exhausted financial resources in waiting for the 
orphan status to be approved by USCIS. They now have no idea if 
they will ever see their child again. What is the in best 
interest of the children?
    We understand that our process is an exception for 
international adoptions. Our children came to live with us when 
they were 5\1/2\ months old. We were able to care for them--our 
children as our own before most adoptive parents are even 
notified that a child is waiting for them. Often, children in 
international adoptions are waiting in orphanages for 4-plus 
years. This is again, not in the best interest of children.
    It is by the grace of God that we were able to finalize our 
adoptions. Our faith pulled us out of many situations where we 
thought we were hitting dead ends. We would bo this again--
would we do this again for our children? Knowing the outcome, 
yes. Our children are thriving. James has skipped the walking 
stage and went right to running and jumping. His words are 
coming quickly, and when he starts to talk, he is going to have 
so much to say. He has a fascination of tractors and loves the 
outdoors, just like a good Vermont farm boy.
    Grace loves running and galloping, and being outdoors, and 
she enjoys dogs and horses. She is repeating many words right 
now, and she is watching and copying everything that Mommy and 
Daddy do, including putting on deodorant and using the potty. 
Both of them have the love of music and dancing, and James and 
Grace will have a chance at a life beyond what their birth 
father could ever have imagined for them. Their opportunities 
in life are endless. James and Grace are now our children, and 
we could not be more proud to say they are ours. However, we 
keep in mind the emotional and financial tolls we have lived 
through that were challenging.
    In closing, thank you, Senator Leahy and Members of the 
Judiciary Committee, for your time and attention to 
international adoptions. Thank you.
    [The prepared statement of Ms. Hutchins appears as a 
submission for the record.]
    Chairman Grassley. Dr. Wilkerson, with your great deal of 
knowledge about adoption committees and foster children and 
adoption and adopted two from abroad, could you elaborate on 
how difficult it was to finalize the adoption of Junior from 
Haiti?
    Dr. Wilkerson. The hurdles that one encounters on 
international adoption are quite different than on domestic 
adoption, and as I think you have heard from the other people 
giving testimony, the challenges in each different country are 
a bit different as well. As the Assistant Secretary mentioned 
earlier, Haiti now has adopted The Hague Convention, apparently 
is now a member of The Hague Convention, which also includes 
some rules on adoption, as I understand it, and hopefully that 
will make it somewhat easier.
    The typical experience, though, in Haiti I don't think is 
much different than what you heard from the other--other people 
here. It is an average of $30,000 and 3 years, money just to go 
ahead and make payments to Haitian attorneys, Haitian 
officials, with no guarantee that the child will ever leave 
Haiti.
    Obviously, our Congress has very little control over that. 
The difficulty I find is that the people that sometimes even 
work for the U.S. Government fail to have the information 
necessary to make it as easy for us as possible or are either 
overworked or unwilling to go and provide the assistance that I 
would expect someone in a service area like that. The example I 
gave earlier when a number of you had to leave for the vote 
was, I had been advised by those officials that the way to get 
Junior here to the United States was to apply for a temporary 
visa for medical purposes. I went through about 4 months, and 
the same papers that have been mentioned before by other 
testimonies that were given, and appeared--when I was given 3 
days' notice to appear in Port-au-Prince, required me to 
cancel, reschedule about 3 weeks' worth of surgery, only to be 
met by the immigration official and told that because he lacked 
adequate familial and cultural and economic ties that he was 
returned to Haiti. And when I pointed out that the pamphlet 
they had gone through with all the background information quite 
clearly outlined that he was, number one, an orphan so he had 
no family ties and was 8 years old, number two, obviously had 
no bank account or business at the age of 8, and, number three, 
that we had started a foundation in Haiti which would mean he 
was going to be coming back and we would continue working 
there, it was still denied.
    When I was asked for an explanation of why, I was told none 
could be given. And when I asked a simple question of if you 
were standing where I am standing and I was standing where you 
were standing on the other side of the bulletproof window, what 
would you be telling me to allow this to occur? And I was told 
I would have to leave or security would be called. That was 
from a U.S. Government employee, which I found, being a former 
retired military and a person in service, found myself to be 
very, very surprising.
    I think we really need to educate these folks. They are 
doing many jobs, not just international adoption, but I think 
they really need to be informed of what is available for people 
doing adoption, such as the case that Ms. Winterson, former 
Senator Brown's staffer, informed me about, humanitarian 
parole. No one had ever mentioned it to me. Our immigration 
attorney didn't know about it. The people in that area of the 
State Department apparently were either unknowing or had failed 
to mention it. Otherwise, Junior would have died and still be 
in Haiti buried somewhere.
    Chairman Grassley. A quick question to Ms. Craig, and then 
I will go to Senator Leahy.
    From your experience dealing with the Congolese government, 
because this is things we hear so I am asking you if the 
government--that government is legitimately concerned about 
protecting their orphans from fraud and trafficking.
    Ms. Craig. Thank you for that question. Well, I think 
initially that was the listed concern for the exit letter 
suspension to begin with. But as I stated, the documents listed 
in my dossier, they looked at them. They're written. They had 
an interministerial commission set up in May to review all 
these files again, the dossiers. And they stopped. November 4th 
they told us the commission disbanded in July, so they did not 
review them.
    I don't know. I don't know the answer. It is not in the 
best interests of the children to leave them in orphanages. 
Twenty-five children have died waiting to come home, some of 
them with U.S. visas, maybe on their second or third. I guess 
that would be a question to ask the Congolese Government. What 
can we provide to them to prove-----
    Chairman Grassley. I'll have that chance later on today. 
Senator Leahy.
    Senator Leahy. Well, thank you, Mr. Chairman.
    Incidentally, Ms. Craig, one of the comments you made is 
not an unusual one about when we have to rely on snail mail 
coming from a country like where you were. That just makes no 
sense in today's day and age. So, thank you for mentioning 
that.
    Ms. Hutchins I was, in fact, my wife and I were talking 
about this last night, that you and your family are going to be 
down here, and I think it's--I think it's amazing you were 
there. You have got Ebola. You have got everything else you 
were facing. We could have a new novel--instead of ``Love in 
the Time of Cholera''--``Love in the Time of Ebola.''
    But then I see James and Grace, beautiful, beautiful 
children. Maybe Grace is sleeping a little bit now, but I was 
earlier in the office, and let me tell you, I have a feeling 
with those two, at the rate they were going, when they go to 
bed, the parents go to bed. But beautiful, beautiful children. 
I got a chance to hold them both, and I can see why you have 
the love you do. And I imagine you would agree that we have to 
keep international adoption as a real option for families. Is 
that not correct?
    Ms. Hutchins. That is absolutely correct. There are so many 
children that are in need of homes, that are waiting for 
families. We did think about for a very small moment about 
doing a domestic adoption, and domestic adoptions are 
difficult. In some States, parents can come back in a couple of 
years and say that they now want their children.
    With international adoptions, they are a little more final, 
and we are able to give a child a loving home, a place where 
they can thrive where they wouldn't have otherwise. And so, you 
know, you look at them, and both of them are sleeping. So, they 
are just----
    Senator Leahy. The way they were tearing around earlier 
this morning, I can imagine.
    Ms. Hutchins. Yes.
    Senator Leahy. They are sleeping because they are secure 
and they are being loved.
    Ms. Hutchins. Yes.
    Senator Leahy. Anybody who has had children or 
grandchildren--well, if they have grandchildren, they have had 
the children first, but they know that a child can sleep like 
that because they are secure.
    Ms. Hutchins. Yes, they are.
    Senator Leahy. Let me ask you, you were there during the 
Ebola outbreak. Now, there was all kinds of panic in this 
country even though we did not have a single Ebola case in the 
United States. You would think when you would turn on the news 
every night that somehow we had thousands of cases of Ebola. 
The news did not bother to bring out the fact that a huge 
number of Americans were dying because they did not get their 
flu shots that year. But I guess Ebola was easier to put 
screaming headlines on. But tell me, when you came back, did 
you face any problems?
    Ms. Hutchins. Well, when we came back--to go back to last 
September when the babies came, our friend's husband, Robert, 
was amazed when he landed in JFK that there was no screening 
whatsoever for the fact that they had just come from a West 
African country.
    About 2 or 3 weeks after that, the screening started where, 
once you land--once you land, you go through immigration, you 
are tagged immediately, and you go through a separate place 
that the CDC had set up. When we came through in June, we had 
our temperatures taken when we left Sierra Leone, before we 
even got inside the airport, we had our temperatures taken 
probably four times.
    Senator Leahy. Is that where they hold----
    Ms. Hutchins. The infrared thermometer. It was three or 
four times. We landed in Morocco for our layover. We were 
screened again. We landed in JFK. We went through immigration 
and then had to wait in the CDC area. That took probably about 
an hour to go through. There were not many people that came 
from western Africa, but it still took a very long time.
    When we came back, fortunately, our family members, most of 
our family members, were very supportive of us, knew we had 
kept ourselves safe, and were not concerned about us. My 
employer allowed me to come back to work as well as my husband 
and his sister, who work at the hospital in Burlington, they 
were both allowed to go back to work right away as well.
    In September 2014, when the babies first came, our friends 
that came with them had some struggles with some individuals 
that would not see them for 21 days because of the fact that 
Ebola--they were around Ebola. But we knew how to keep 
ourselves safe. You didn't touch people. You washed your hands 
constantly. You did not go in public places where it was not 
necessary. And so, yes, the risk was there, but we kept 
ourselves safe.
    Senator Leahy. But your neighbors in Vermont greeted you.
    Ms. Hutchins. They did.
    Senator Leahy. And I take it--I mean, you live in a small 
town, and the other couple lives in a small town. Everybody 
knows everybody.
    Ms. Hutchins. Yes.
    Senator Leahy. I take it the children are well greeted at 
home?
    Ms. Hutchins. Oh, yes, they are. They are loved beyond 
measure. My parents look at James, and they cannot imagine him 
not being part of our family. He is--James and Grace are every 
part of our family as if they were our own flesh and blood.
    Senator Leahy. Mr. Chairman, I tell you, the areas where 
the two families live are beautiful areas up in the 
northwestern part of Vermont, and they are small towns. And 
when you go in the grocery store or you go in the gas store, 
everybody is going to call you--I mean, when I go in the stores 
with Marcelle, people say, ``Hi, Pat. Hi, Marcelle.'' Everybody 
knows everybody. So, I am delighted to hear you were well 
greeted.
    Ms. Hutchins. Absolutely.
    Senator Leahy. Thank you very much for being here.
    Ms. Hutchins. Thank you.
    Chairman Grassley. Senator Tillis.
    Senator Tillis. Thank you, Mr. Chair. Thank you all for 
being here. I am sorry for the challenges you are going 
through. It is hard for me to not shed tears, so I certainly 
understand your situation and those of everybody in the 
audience.
    Ms. Craig, I wanted to ask you a couple of questions. I 
have 11 open cases--I am from North Carolina. I have 11 open 
cases related to the DRC right now that seem very similar to 
yours. And, Mr. Chair, I would ask consent to add information 
from Katie and Chad Coleman from Charlotte who are going 
through a scenario. It is going on 3 years now. I think the 
daughter--two daughters were 3\1/2\ and 18 months. Now, they 
are 6 and going on 4 years old--or a little over 4 years old. I 
would like to submit that for the record. It is a very similar 
story that it playing out time and time again.
    Chairman Grassley. It will be included in the record.
    [The information appears as a submission for the record.]
    Senator Tillis. Ms. Craig, you said that there were 1,300 
cases of which only 99 had been reviewed. Is that correct?
    Ms. Craig. I believe there are 400 U.S. cases, so in the 
1,300 I was including all of the other countries as well.
    Senator Tillis. Okay. So, is it 99 of the 400?
    Ms. Craig. The Department of State had said 99 of the 400 
U.S. or 99 of the total 1,000 that were submitted were 
reviewed.
    Senator Tillis. Now, in the case of the Colemans, they have 
indicated, in addition to the expenses they have paid for 
adoption since they have been in this state of limbo, that they 
have spent nearly $24,000 on extra foster care. Are you 
experiencing similar expenses right now?
    Ms. Craig. Our daughter is in an orphanage, but we incur 
medical expenses above and beyond that.
    Senator Tillis. You mentioned that the parliament, I guess, 
gets out on December the 15th. If you had a delegation or a 
member who was willing to go there, what do we say to them?
    Ms. Craig. I think it needs to be decisionmakers to 
decisionmakers. I am not sure that we're meeting with the 
people who can----
    Senator Tillis. And who do you think that is, just in the 
conventional wisdom of people that are dealing with the DRC? I 
could ask similar questions of other panelists, but I thought I 
would just zero in on you and probably apply----
    Ms. Craig. You know, it may even be at the executive level. 
I would say it needs to be decisionmakers or----
    Senator Tillis. Are there any bright spots out there? Are 
there people that seem to want to do the right thing but the--
--
    Ms. Craig. I think so----
    Senator Tillis [continuing]. Politicians are not letting 
them?
    Ms. Craig. You know, I am not even sure that it is 
politicians. You know, that's why I keep saying it's very 
unclear. We are not sure where the issue is. So, I think if we 
could nail down that answer and get to who the decision-maker 
is, and it may be President Kabila. So, at the executive level, 
maybe it is President to President that needs to have a 
sitdown. I'm not sure.
    Senator Tillis. Do you have any idea what gave rise to 
these suspensions?
    Ms. Craig. The initial--the Congolese initially said 
concerns of child safety and well-being when--when coming to 
the receiving country.
    Senator Tillis. Did they cite specific examples that they 
were reacting to and maybe they overreacted?
    Ms. Craig. Not to my knowledge. I think they were concerned 
over abuse and re-homing.
    Senator Tillis. I am just curious if there was any rational 
basis, in fact, that they used, so, you know, maybe an 
overreaction to something that did occur. But we will have our 
office look more into that.
    I for one think that we probably do need to step up the 
engagement with the DRC and other countries in terms of their 
behavior, just trying to do the right thing for the kids. You 
all are trying to provide a loving home for these children.
    In the case of the DRC, they receive $176,800,000 a year in 
U.S. aid-$110 million from USAID and $65 million from the State 
Department. We are already trying to do everything we can to 
help the DRC for the citizens in their country, and you are 
trying to do everything you can to help the children in this 
country actually aspire to a better, safer life. And it seems 
to me we need to figure out a better way to communicate that. I 
think you are right, we need to do it--this is not a partisan 
thing. We need to do it in a way that engages the 
administration, the executive branch, but I think Congress can 
have a voice, too, and we should probably raise that voice.
    And I appreciate you all being here today. I am very sorry 
for your experiences.
    Ms. Craig. Thank you.
    [Pause.]
    Chairman Grassley. I am going to close before I call on 
Senator Sessions because I owe all of you a thank you. I know 
you go through a lot of work to prepare for these hearings and 
I know that each of you have made sacrifices to be here. Your 
stories and experiences are a testament to the love that you 
have for children. We commend you for opening your hearts and 
homes to the kids that need a permanent home, and I am going to 
leave the record open for any additional comments from Senators 
or any of the families here or not here that want to still 
submit a written statement for the record, and in doing that, 
like a couple of us--three of our witnesses have told their 
story. So, I thank you very much for coming, and I will leave 
it to Senator Sessions to close the meeting down so I can go to 
a 12 o'clock meeting I have.
    Senator Sessions [presiding]. Thank you, Chairman Grassley. 
I appreciate you and Senator Leahy for your work. And I thank 
all of you, as the Chairman said eloquently, for opening your 
hearts and homes to young children in need.
    We have three--Senator Tillis, we have three families from 
Alabama--the Swendlings, Braddocks, and Powells--who also are 
dealing painfully with the Democratic Republic of Congo, and it 
really is, I can imagine, Ms. Craig, extremely frustrating. It 
seems to me--to repeat what you were saying, these families 
have gone through the process. They have been basically 
accepted. The adoptions are complete, and nothing seems to be 
happening so the children can come to their families. Is that 
the essence of it?
    Ms. Craig. That's correct. Our adoption was finalized in a 
Congolese court April 8, 2013. The only thing stopping the 
children from coming home is an exit letter required by the 
Democratic Republic of Congo to leave the country.
    Senator Sessions. Well, you know, our State Department has 
many challenges, and they do a great job in a lot of ways, and 
I am sure some of you have felt the support that they give. But 
I do think at some level, when we have--American citizens have 
given of themselves to adopt a child and the country basically 
just reneges on the process and uses a technical objection to 
delay these things, it does reach a State-to-State level. I 
believe in law school we studied conflicts of laws and the 
ability of legal systems to bind one another, and the rulings 
in one court are valid around the world. And so, I just think 
that we need to--I believe we can do more at that level for 
this situation.
    Do you have any specific thoughts--I guess you have been 
asked about it a little bit, but do you want to share any more 
specific thoughts about what our Government could do to assist 
in this situation?
    Ms. Craig. Thank you for that question, Senator Sessions. 
We need action, no more lip service. We have done a lot of 
talking, a lot of engaging, a lot of meeting, a lot of promises 
that did not happen. Twenty-five children have died waiting to 
come home. They are a plane ride away from their family. We 
need action. I don't know if that is boots on the ground or 
legislation. They need protection. These children need 
protection. They are on the verge of an election that may or 
may not be civil unrest over there. U.S. citizenship could 
provide them protection in case of an evacuation. Anything that 
you could do to bring our children home.
    Senator Sessions. I think this is one--Senator Tillis, I 
think this is one where we have the high ground. If a nation 
says, ``We are not going to allow any more adoptions,'' you 
know, I guess that is their decision. But when they allow one 
to occur and then do not allow it to proceed, it is really 
frustrating to me. A great Alabamian, Larry Taunton, wrote a 
book about the adoption process. He is a theologian and 
Christian apologist. But he gets a call from his wife and son, 
who graduated from Yale and worked for me, but the story--they 
are volunteering in an orphanage in the Ukraine, and they call 
and you can just imagine the call: ``Daddy, we met this young 
girl.'' And so they agreed to adopt the girl, to make a long 
story short, and it just went on for years. They had to put up 
money. They felt like--Dr. Wilkerson, a lot of the money to 
lawyers and other people was going to places they had no idea 
where it was going. Is that a problem internationally, in your 
opinion?
    Dr. Wilkerson. Very much so, Senator Sessions.
    Senator Sessions. You alluded to it. In other words, once 
the family gets attached to the child as they were able to see 
the child, stay in the hotel with them, it took I think three 
trips to the Ukraine over a period of years to finally get this 
done. And are the families that want to adopt being victimized 
sometimes in this process, Dr. Wilkerson?
    Dr. Wilkerson. Very much so, and, in fact, in Haiti it is 
not unusual to be drawn out until the child turns 16, at which 
point adoption is impossible. All the money has been paid, 
everything has been done, now it is no longer possible. The 
child is 16.
    Senator Sessions. Well, I just think Nations who do that 
deserve to be criticized. They deserve to be criticized. If 
they're going to allow a process to go forward, it should be 
done in a way that is fair and just and minimizes the cost to 
those who give of themselves to these children.
    Ms. Craig, this letter that is lacking from the Congolese 
Government that would clear the way for the child to come, 
these children to come to their parents, in your opinion is 
this some sort of political deal? Does it have any substance 
behind it? Or is it some sort of deliberate attempt to obstruct 
the process?
    Ms. Craig. You know, we've been told that the exit letter 
is not a legal requirement to leave DRC. So that leaves my 
opinion to be that it could be political or because they can.
    Senator Sessions. Well, thank you all. And this is moving 
testimony. My constituents from Alabama wrote and said, ``Every 
night that passes is another night that these children will 
spend alone, without a mother or father tucking them into 
bed.'' And that's unfortunate. Some of the orphanages around 
the world are really--really not good places, and I just thank 
you all for caring enough to take this action. And I believe 
maybe we in Congress can figure out a way to assist.
    Anything else, Senator Tillis, that you would like to add?
    Senator Tillis. No. Thank you, Senator Sessions. Thank you 
all for being here. Sorry for all that you have had to go 
through.
    Senator Sessions. Thank you all, and we are adjourned.
    [Whereupon, at 11:55 a.m., the hearing was adjourned.]
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                            A P P E N D I X

                                   to

                  NATIONAL ADOPTION MONTH: STORIES OF

                   SUCCESS AND MEETING THE CHALLENGES

                       OF INTERNATIONAL ADOPTIONS

The following submissions are available at:

  https://www.govinfo.gov/content/pkg/CHRG-114shrg52544/pdf/CHRG-
    114shrg
    52544-add1.pdf

Submitted by Senator Tillis office:

 Coleman, Katie and Chad, Testimony...............................     2
 Portman, Senator Rob, Testimony..................................     4


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