[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12202-S12203]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL VOLUNTARY MUTUAL REUNION REGISTRY
Mr. CRAIG. Mr. President, I now ask unanimous consent that the Senate
proceed to S. 1487 introduced earlier today by myself.
The PRESIDING OFFICER. The clerk will report the bill.
The legislative clerk read as follows:
A bill (S. 1487) to establish a National Voluntary Mutual
Reunion Registry.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. CRAIG. Mr. President, I ask unanimous consent that the bill be
advanced to third reading and passed, and the motion to reconsider be
laid upon the table, all without further action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1487) was read a third time and passed, as follows:
S. 1487
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NATIONAL VOLUNTARY MUTUAL REUNION REGISTRY.
Part E of title IV of the Social Security Act (42 U.S.C.
670 et seq.) is amended by adding at the end the following:
``SEC. 479A. NATIONAL VOLUNTARY MUTUAL REUNION REGISTRY.
``(a) Exchange of Mutually Requested Identifying
Information.--The Secretary, in the discretion of the
Secretary and provided that there is no net cost to the
Federal Government, may use the facilities of the Department
of Health and Human Services to facilitate the voluntary,
mutually requested exchange of identifying information that
has been mutually consented to, by an adult adopted
individual who is 21 years of age or older with--
``(1) any birth parent of the adult adopted individual; or
``(2) any adult sibling who is 21 years of age or older, of
the adult adopted individual,
if such persons involved have, on their own initiative,
consented by a signed notarized statement to the exchange of
such identifying information.
``(b) Requirements.--The Secretary shall ensure that a
National Voluntary Mutual Reunion Registry established under
this section (in this section referred to as the
``Registry'') meets the following requirements.
``(1) Centralized capacity.--The Registry provides a
centralized nationwide capacity for the information described
in subsection (a) and utilizes appropriately designed
computer and data processing methods to protect the privacy
of the information contained in the Registry, and does not
intrude on any other data system maintained by the Department
of Health and Human Services.
``(2) Establishment of procedures.--The Registry complies
with procedures established by the Secretary that provide
that--
``(A) only information necessary to facilitate a match
shall be contained in the Registry and the Registry shall not
attempt to make contact for the purpose of facilitating a
reunion with any individual who is not entered into or
participating in the Registry;
``(B) to the maximum extent feasible, the confidentiality
and privacy rights and interests of all parties participating
in the Registry are protected; and
``(C) information pertaining to any individual that is
maintained in connection with any activity carried out under
this section shall be confidential and not be disclosed for
any purpose without the prior, written, informed consent of
the individual with respect to whom such information applies
or is maintained.
``(c) Reasonable fees.--Reasonable fees, established by
taking into consideration, and not to exceed, the average
charge of comparable services offered by States, may be
collected for services provided under this section.
``(d) Penalty for Violation.--
``(1) Fine and imprisonment.--Any individual or entity that
is found to have disclosed or used confidential information
in violation of the provisions of this section shall be
subject to a fine of $5,000 and imprisonment for a period not
to exceed 1 year.
``(2) Nonapplicability of section 3571 of title 18, united
states code.--The provisions of section 3571 of title 18,
United States Code, shall not apply to a violation described
in paragraph (1).
``(e) No Preemption.--Nothing in this section invalidates
or limits any law of a State or of a political subdivision of
a State concerning adoption and the confidentiality of that
State's sealed adoption record policy.''.
Mr. LEVIN. Mr. President, once again the Senate has gone on record in
support of a measure aimed at humanizing the process through which
adult biological relatives separated by adoption, who are looking for
each other, can make contact.
The passage of this Craig-Levin bill would not have been possible
without the steadfast leadership of Senator Larry Craig. His
sensitivity, his commitment, his compassion and his clear understanding
of this issue has been enlightening to all of the Members of this body.
Let me also thank Senator McCain and Senator Landrieu for their
commitment and bipartisan spirit throughout our discussions on this
issue.
Mr. President, we are deeply touched by the difficulties experienced
by adult adopted persons, birth parents, and separated siblings who,
often for many years and at great expense, have been seeking one
another. Aside from the natural human desire to know one's roots and
genetic heritage, there are other important reasons why many birth
relatives seek to make contact with each other. Some are seeking a
deeper sense of identity, some need vital information which may affect
their own mental and physical health and some are facing momentous
family decisions that require more knowledge about their heritage; and
a substantial percentage of birth parents say they want to be available
to the adult children many relinquished at birth, during a time of
stress, should they also desire to make contact.
We believe that S. 1487, the National Voluntary Mutual Reunion
Registry, deals with these needs and emotions in a careful and
sensitive way. The legislation permits the HHS Secretary, at no net
expense to the Federal Government, to facilitate the voluntary,
mutually requested exchange of identifying information that has been
mutually consented to in a signed notarized statement of identifying
information by the birth parent, adult adoptee 21 years or older or
adult siblings.
This legislation does not call for the unsealing of adoption records.
Currently, over half the States provide for voluntary and mutual
reunion facilitation. However, State-based systems are restricted, by
nature, to the geographic boundaries of the State. Since we are a
mobile society, that limitation reduces the utility of State-based
systems. Adoptions are often started in one State but finalized in
another. Additionally, the adoptee, birth parent or siblings may be a
resident of several different States during their lifetimes.
Finally, Mr. President, this legislation does not mandate, but simply
gives the Secretary the discretion to facilitate voluntary, mutual
reunions, if she so chooses.
I commend my colleagues in the Senate on the passage of this humane
and much-needed legislation. I ask unanimous consent that the text of
the bill be included in the Record again at this point.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CRAIG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page S12203]]
____________________