[Congressional Record Volume 142, Number 104 (Tuesday, July 16, 1996)]
[Extensions of Remarks]
[Pages E1289-E1290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  INDIAN CHILD WELFARE ACT AMENDMENTS

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                         Tuesday, July 16, 1996

  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased to offer alternative 
legislation with the ranking minority member of the Resources 
Committee, Mr. George Miller, and Mr. Bill Richardson of New Mexico, to 
the Indian Child Welfare Act [ICWA]. In May of this year, the House 
narrowly passed H.R. 3286, which contained amendments to the ICWA. 
Tribal representatives opposed title III of that bill and have worked 
with Congresswoman Pryce to reach an agreement on alternative 
legislation to ICWA. I want to thank Congresswoman Pryce for her 
efforts to reach a compromise on ICWA. I want to also thank all the 
tribes for their efforts and important input on legislation which has 
an affect on Indian families and Alaska Native and American Indian 
children.
  After the May vote, tribal representatives met in Tulsa, OK, to reach 
a consensus to address the concerns expressed by the authors of title 
III of H.R. 3286. This legislation provides for notice to tribes for 
voluntary adoptions, terminations of parental rights, and foster care 
proceedings. It provides for time lines for tribal intervention in 
voluntary cases and provides criminal sanctions to discourage 
fraudulent practices in Indian adoptions. Additionally, it clarifies 
the limits on withdrawal of parental consent to adoptions. The proposal 
provides for open adoptions in States where State law prohibits them 
and clarifies tribal courts authority to declare children wards of the 
tribal court. In addition, it states that attorneys and public and 
private agencies have a duty to inform Indian parents of their rights 
under ICWA, and provides for tribal membership certification in 
adoptions. These reforms resolve the ambiguities in current law which 
resulted in needless litigation, and have disrupted Indian adoption 
placements without reducing this country's commitment to protect native 
American families and promote the best interest of native children.
  Mr. Speaker, all of the provisions contained in this bill have been 
tentatively embraced by the Department of Justice, the Department of 
the Interior, Jane Gorman, the attorney for the Rost family, and the 
American Academy of Adoption Attorneys, the proponents of title III of 
H.R. 3286. I know that they and others are sincere in their concern 
about litigation which has delayed a few adoptions. But ICWA is not the 
problem. The Rost case is a sad and tragic case. But it was caused by 
an attorney who tried to cover up the natural parent's tribal 
membership and purposefully avoided checking with the grandparents and 
extended family of the children to see if the family was available to 
adopt these children. The sad part is that this attorney did not 
violate the law, but he inflicted untold sorrow on the Rosts, the 
grandparents of the children, and ultimately on the children 
themselves. This proposed legislation will impose criminal sanctions on 
attorneys who violate ICWA requirements in the adoption of a native 
child. In closing, I believe we have acceptable legislation which will 
protect the interests of adoptive parents, native extended families, 
and most importantly, Alaska Native and American Indian children.

[[Page E1290]]



   IN REMEMBRANCE OF MOLLIE BEATTIE, U.S. FISH AND WILDLIFE SERVICE 
                                DIRECTOR

                                 ______
                                 

                        HON. PETER G. TORKILDSEN

                            of massachusetts

                    in the house of representatives

                         Tuesday, July 16, 1996

  Mr. TORKILDSEN. Mr. Speaker, I rise to remember Mollie Beattie, the 
first woman ever to serve as Director of the U.S. Fish and Wildlife 
Service. She died on June 27, 1996. With her passing this Nation lost 
an important advocate for the environment, for wildlife, and for 
professionalism in advocating for both.
  Mollie and I worked closely on issues like the reauthorization of the 
Endangered Species Act. She was a true professional who often reached 
across party lines in order to achieve common goals of protecting our 
environment.
  She strongly believed in her work and brought compassion and honesty 
to a government which can be seen as bureaucratic and removed from many 
Americans. Mollie listened to the concerns of my constituents and 
offered her assistance in many of the issues effecting the Parker River 
National Wildlife Refuge in my district.
  Secretary Babbitt, when announcing Mollie's appointment as the 
Director of the U.S. Fish and Wildlife Service stated, ``Mollie brings 
experience, commitment, and energy to the Fish and Wildlife Service. 
She is certain to provide the strong leadership we need to conserve our 
fish and wildlife resources for present and future generations.'' As 
Director of the U.S. Fish and Wildlife Service, Mollie did all that and 
much more.
  We will all miss Mollie Beattie and the work she did. We know the 
world is a better place because of her life.

                          ____________________