[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7751-S7752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERCOUNTRY ADOPTION ACT OF 2000
Mr. CAMPBELL. Mr. President, I ask unanimous consent the Senate now
proceed to the consideration of Calendar No. 692, H.R. 2909.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2909) to provide for implementation by the
United States of the Hague Convention on Protection of
Children and Cooperation in Respect to Intercountry Adoption,
and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Amendment No. 4023
Mr. CAMPBELL. Mr. President, Senator Helms has a substitute amendment
at the desk. I ask for its consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
The Senator from Colorado [Mr. Campbell], for Mr. Helms,
for himself, Ms. Landrieu, Mr. Ashcroft, Mr. Craig, Mr.
Johnson, Mr. Smith of Oregon, and Mrs. Lincoln, proposes an
amendment numbered 4023.
Mr. CAMPBELL. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. HELMS. Mr. President, countless Americans will be pleased to know
that the Senate has unanimously approved the Intercountry Adoption
Implementation Act to implement the Hague Convention on Protection of
Children and Cooperation in Respect of Intercountry Adoption. This is a
treaty that was approved by the Foreign Relations Committee about 3
months ago--in April of this year.
Senator Landrieu and I had offered the Intercountry Adoption
Implementation Act a year ago, because when this legislation becomes
law it will provide, for the first time, a rational structure for
intercountry adoption.
This significant legislation is intended to build some accountability
into agencies that provide intercountry adoption services in the United
States while strengthening the hand of the Secretary of State in
ensuring that U.S. adoption agencies engage in an ethical manner to
find homes for children.
Although, the majority of intercountry adoptions are successful, it
is also a process that can leave parents and children vulnerable to
fraud and abuse.
For this reason, under the Intercountry Adoption Implementation Act,
agencies will be accredited to provide intercountry adoption. Mandatory
standards for accreditation will include ensuring that a child's
medical records be available in English to the prospective parents
prior their traveling to the foreign country to finalize an adoption.
(The act also requires that agencies be transparent, especially in
their rate of disrupted adoption and their fee scales.)
Moreover, under this act, the definition of orphan has been broadened
so that more children can be adopted by U.S. parents. However, in no
way is the power of the U.S. Attorney General (who currently has the
authority to ensure that all adoptions coming into the United States
are authentic) diminished.
Lastly, the Intercountry Adoption Implementation Act will provide
much-needed protection for U.S. children being adopted abroad by
foreigners. Under this act, it will be required that: (1) diligent
efforts be made to first place a U.S. child in the United States before
looking to place a U.S. child abroad; and (2) criminal background
checks be conducted on foreigners wishing to adopt U.S. children.
Senator Landrieu and I have worked together on issues of adoption
since her arrival in the Senate in 1997. I am genuinely grateful for
her leadership on this issue.
In addition, I thank Senator Biden, the ranking minority member of
the Foreign Relations Committee, for his hard work (and that of his
staff) in finalizing the Intercountry Adoption Implementation Act.
I likewise extend my gratitude to Senators Gordon Smith and John
Ashcroft--both members of the Foreign Relations Committee--and Senators
Johnson, Craig, and Lincoln for their cosponsorship of this
legislation.
Senator Brownback has been as helpful, Mr. President, in making
certain that small intercountry adoption agencies will be protected
under the implementation of this act.
I also thank all Members in the House of Representatives who have
worked to enable the passage of this Act; in particular, Ben Gilman,
distinguished chairman of the House International Relations Committee;
Congressman Sam Gejdenson, the ranking minority member on the House
International Relations Committee; Congressmen Dave Camp and William
Delahunt; and, last but by no means least, Congressman Richard Burr--
who introduced the original Senate companion bill in the House.
From our own family, the former legislative counsel of the Foreign
Relations Committee, now counsel for Senate Intelligence, Patricia
McNerney; and my righthand lady, Michele DeKonty.
Mr. President, The Intercountry Adoption Implementation Act now
awaits approval by the House of Representatives. Needless to say, we
hope the House will move swiftly toward final passage.
Mr. BROWNBACK. Mr. President, as the father of five children--two of
whom came into our family through international adoption--I take
special interest in the Hague Convention on Intercountry Adoption. The
treaty signers hope to improve the international adoption system and
provide more homes for the children who need them.
Like many active adoption professionals and leaders of the American
adoption community, I support the mission of the treaty to protect the
rights of, and prevent abuses against, children, birth families, and
adoptive parents, involved in adoptions. The treaty will not only
reassure countries who send their children outside their borders, it
will also improve the ability of the United States to assist its
citizens who seek to adopt children from abroad.
While the treaty will provide significant benefits, I had serious
concerns that the proposed method of implementation would have caused
more harm than good. After study, it became clear to me that there are
few nonprofit private entities in existence that have the funding,
staff, and experience necessary to develop and administer standards for
entities (agencies) providing child welfare services. Small community
based agencies especially would have found it costly and burdensome to
deal with only one or possibly two large and most likely distant
accrediting entities. For the season, I have repeatedly expressed
concerns that many states, especially rural and sparsely populated
areas, risk being left with no adoption agencies authorized to help
their residents with foreign adoptions.
As I have stated before, I believe it is important for each state to
regulate adoption agencies as it deems appropriate to meet the widely
varying needs of its families with the resources available in that
state. Working closely with the sponsors of this bill, I proposed an
amendment that allows public entities (other than a Federal entity),
including an agency or instrumentality of State government having
responsibility for licensing adoption agencies, to serve as an
accrediting entity. (In other words, a state government may serve as an
accrediting entity).
In this way, States may continue to participate in intercountry
adoption--making sure that interested parties meet the Hague
requirements. Giving states the option to continue to participate in
intercountry adoption would ensure that small and medium sized agencies
have at least one accrediting entity choice that is local, familiar,
and easily accessible.
In addition, in order to further lessen the initial burden of federal
accreditation on small and medium sized agencies, I worked with the
sponsors of this bill to minimally increase the temporary registration
period for small and medium sized agencies. Thus, they would have more
time to prepare for federal accreditation--a process that may prove to
be costly and burdensome
[[Page S7752]]
but is considered necessary by many in the adoption community.
My initial concerns regarding certain provisions of the implementing
legislation stemmed from a number of areas including my own experience
of having recently adopted two children from other countries, and
contact with numerous other families who would either love to adopt a
child, but can't afford it, or who have adopted a child under the
present system and had great success.
Like many Americans, I am firmly committed to finding permanent,
safe, and loving homes for children who have been orphaned or are in
foster care. I am hopeful this legislation will help secure that dream
without adding a significant overlay of federal bureaucracy and red
tape.
At this time, I would like to recognize and thank one of my staff
members, Amanda Adkins, for help on this legislation. Amanda was truly
diligent in her efforts to make this a better bill and to work for the
needs of rural Kansans. I thank her for her dedication.
Many families spend their entire life savings to realize their dream
of having a child. I look forward to continuing to work with the
sponsors of this bill as we monitor the implementation of this
important treaty.
Mr. CAMPBELL. I ask unanimous consent the amendment be agreed to, the
bill be read the third time and passed, the motion to reconsider be
laid upon the table, and any statements relating to the bill be printed
in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4023) was agreed to.
The bill (H.R. 2909), as amended, was read the third time and passed.
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