[Congressional Record Volume 157, Number 175 (Wednesday, November 16, 2011)]
[Senate]
[Pages S7605-S7608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SUPPORT FOR NATIONAL ADOPTION DAY AND NATIONAL ADOPTION
MONTH
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the HELP
Committee be discharged from further consideration of S. Res. 302 and
that the Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 302) expressing support for the goals
of National Adoption Day and National Adoption Month by
promoting national awareness of adoption and the children
awaiting families, celebrating children and families involved
in adoption, and encouraging the people of the United States
to secure safety, permanency, and well-being for all
children.
There being no objection, the Senate proceeded to consider the
resolution.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, the motions to
reconsider be laid upon the table with no intervening action or debate,
and that any related statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 302) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 302
Whereas there are approximately 408,000 children in the
foster care system in the United States, approximately
107,000 of whom are waiting for families to adopt them;
Whereas 56 percent of the children in foster care are age
10 or younger;
Whereas the average length of time a child spends in foster
care is more than 2 years;
Whereas for many foster children, the wait for a loving
family in which they are nurtured, comforted, and protected
seems endless;
Whereas in 2010, nearly 28,000 youth ``aged out'' of foster
care by reaching adulthood without being placed in a
permanent home;
Whereas everyday, loving and nurturing families are
strengthened and expanded when committed and dedicated
individuals make an important difference in the life of a
child through adoption;
Whereas a 2007 survey conducted by the Dave Thomas
Foundation for Adoption demonstrated that though ``Americans
overwhelmingly support the concept of adoption, and in
particular foster care adoption . . . foster care adoptions
have not increased significantly over the past five years'';
Whereas while 4 in 10 Americans have considered adoption, a
majority of Americans have misperceptions about the process
of adopting children from foster care and the children who
are eligible for adoption;
Whereas 71 percent of those who have considered adoption
consider adopting children from foster care above other forms
of adoption;
Whereas 45 percent of Americans believe that children enter
the foster care system because of juvenile delinquency, when
in reality the vast majority of children who have entered the
foster care system were victims of neglect, abandonment, or
abuse;
Whereas 46 percent of Americans believe that foster care
adoption is expensive, when in reality there is no
substantial cost for adopting from foster care and financial
support is available to adoptive parents after the adoption
is finalized;
Whereas both National Adoption Day and National Adoption
Month occur in the month of November;
Whereas National Adoption Day is a collective national
effort to find permanent, loving families for children in the
foster care system;
Whereas since the first National Adoption Day in 2000, more
than 35,000 children have joined forever families during
National Adoption Day;
Whereas in 2010, adoptions were finalized for nearly 5,000
children through 400 National Adoption Day events in all 50
States, the District of Columbia, and Puerto Rico; and
Whereas the President traditionally issues an annual
proclamation to declare the month of November as National
Adoption Month, and National Adoption Day is on November 19,
2011: Now, therefore, be it
Resolved, That the Senate--
(1) supports the goals and ideals of National Adoption Day
and National Adoption Month;
(2) recognizes that every child should have a permanent and
loving family; and
(3) encourages the people of the United States to consider
adoption during the month of November and all throughout the
year.
Ms. LANDRIEU. Mr. President, the resolution just approved by
unanimous consent is a very important resolution that Senator Grassley
and I are proud to support, along with Senator Inhofe and others. It is
a resolution recognizing that this Saturday is National Adoption Day.
I am happy to report that on this Saturday, there will be over 3,500
children who will be adopted into permanent families.
This day was started about 10 years ago by some very enterprising
organizations, and the Senate and the House of Representatives have
been helping to promote the concept of National Adoption Day for many
years now, maybe as many as 10. We sure have been working to help
highlight this special day. It was started by nonprofit organizations
to highlight the fact that we have orphans in the United States.
People don't believe this, but there are over 100,000 children in our
foster care system between the ages of 0 and 21, who are in our foster
care system, whose parents' rights have been terminated for good
reason--maybe terrible or gross abuse or neglect. Those parents are
unable or unwilling to raise their biological children. These children
need a forever family, a relative to step up, a cousin or an aunt or a
grandmother to step up, or they need someone in the community to step
up and say: You can be a part of our family.
People don't stop needing families when they are 21 years old. They
age out of the foster care system, unfortunately, at 21 despite the
good work we have done here to extend that time from 18 to 21.
Unfortunately, every year 25,000 children age out of our foster care
system, as the Senator from Iowa knows--he has been a phenomenal leader
on foster care reform--without ever having been adopted.
When you are 25 or 24 or 23 and you are trying to apply for your
first job, it would be nice to have a mother, father, grandmother, or a
grandfather to call and ask: How do I dress? What should I say? Does my
resume look OK? These children don't have that. When you are engaged,
it would be nice to be able to call a parent and say: Can you help with
the expense of the wedding or can you be there for me? These children
don't have that. That is what National Adoption Day is about,
highlighting the fact that there are children in our foster care
system--beautiful, strong, intelligent children who need a forever
family. We are doing our best to promote adoption for them.
Not only in our system in the United States, but sadly there are
around 163 million children around the world living outside of family
care. We think that number is conservative because we have reason to
believe that even those who do a lot of counting are not really
counting all the children in orphanages. The number is probably larger
than that.
It sounds overwhelming--and it can be at times--to think about our
goal to try to find a home for every one of these children. But just to
put in perspective the U.S. numbers, it is 107,000 children. But the
good news is that we have 300,000 churches in America alone--not
counting synagogues or mosques. Mr. President, you can easily do that
math. If just one family out of every three churches adopted one of
these children in foster care, we would not have any more orphans in
America.
That is why we are promoting this today and this week, National
Adoption Month and National Adoption Day. You don't have to be perfect
or wealthy; you just have to have a big heart and step up and be
willing to add this blessing to your family. So many families have been
blessed by adoption. As many people know, our family has been blessed
by adoption.
This day is to commemorate National Adoption Day. In fact, I said
3,500, but it is 4,500 children who will be adopted on this day, and 5
will be
[[Page S7606]]
adopted in New Orleans, LA. I thank Judge Ernestine Grey and all of the
judges for their good work to make that possible. We want to finalize
these adoptions in all 50 States.
Saturday, we will celebrate families who adopt and encourage others
to adopt children from foster care, build stronger collaborations among
local adoption agencies, and, again, raise awareness about the 107,000
children who are waiting. Many of these children, despite our laws that
mandate an 18-month wait period, maximum, sometimes wait more than 3
years.
In conclusion, let me just say we need to do more. We can do more. I
wish to highlight for the record two wonderful organizations that, in
my mind, have been going above and beyond the call of duty.
One is the Dave Thomas Foundation Wendy's Wonderful Kids Program.
They are a great example of just one organization that is doing great
work to find homes for children who are considered ``unadoptable'' or
``hard-to-place'' simply because they are 7 or 8 or 10 or 12 and not 1
or 2. They are ``too old'' to be adopted. I never thought I would hear
the words ``too old'' when referring to a child who is 7, 8, 10, or 12,
but that is what people think. They have worked hard--Wendy's Wonderful
Kids--and have come up with a new approach, a better approach. They
have had extraordinary success in piloting a new child focus
recruitment plan and finding 2,500 children permanent homes since 2004.
Rita Soronen, executive director of Dave Thomas Foundation, is a
leader, and Wendy's Wonderful Kids is a great example.
Let me just put into the Record another organization that has a
gallery right here, the National Heart Gallery, which has an exhibit
here at the Capitol in the Russell Senate Rotunda. The National Heart
Gallery is another very organic, nonprofit, community-based movement.
They took beautiful portraits of these children to show their
personalities and life. When people are looking at their portraits,
they could be pulled in by the beauty and true reflection of the
child's personality. So the National Heart Gallery is another wonderful
organization, and I want to recognize those two. There are many others.
In conclusion, I thank the Senator from Iowa. He and I chair the
foster care caucus together. It has been a pleasure working with him.
We look forward to another great year ahead. We have had some success--
actually, a great deal of success--in promoting adoption out of foster
care and reforming the foster care system. It is a pleasure to work
with Senator Grassley.
I yield the floor to my colleague.
The PRESIDING OFFICER. The Senator from Iowa is recognized.
Mr. GRASSLEY. Mr. President, I appreciate the kind words of the
Senator from Louisiana. Likewise, it is a pleasure not only to work
with her, but the two of us have been able, on most foster care and
adoption issues, to find a broad coalition of Senators. Many people
don't have permanence because of the lack of adoption or because of
faults within the foster care system. These Senators are very
interested in bringing changes in legislation that makes that
permanence and stability more a fact and creates a better quality life
for these young people. I thank Senator Landrieu for her leadership.
I likewise, as she has, rise to honor National Adoption Month. I will
take a few minutes to discuss my support for S. Res. 302 and for
policies that promote and encourage adoption.
For years, I have championed efforts to increase awareness of
adoption and help streamline the process for families who open their
hearts and homes to children who have no other family. S. Res. 302
helps promote national awareness of adoption and the children awaiting
families, celebrates children and families involved in adoption, and,
lastly, encourages the people of the United States to secure safety,
permanency, and well-being for all children.
As cofounder and cochair of the Senate Caucus on Foster Youth, I have
taken a keen interest in helping children who find themselves in the
foster care system. In the United States today, more than 400,000
children live in the foster care system. Many of these children have
been welcomed into adoptive homes. However, over 105,000 of those in
foster care are still waiting to be adopted.
According to the Administration of Children and Families in my home
State of Iowa, more than 4,700 kids entered the foster care system last
year, a total of 6,500 kids were in my State's foster care system in
2010.
Foster youth simply desire to have what so many of us were blessed to
have; that is, a home with caring, loving parents and siblings. In
other words, in a short statement, they want permanency. They want
stability. Too many older children in foster care, especially those
with special needs, are often the ones who wait the longest to leave
foster care. These kids are less likely than younger children to find
what we refer to as ``forever homes.''
While research shows that 40 percent of the Americans have considered
adopting, many are reluctant because they are unsure of the adoption
process. They have inaccurate perceptions about the children who are
eligible to be adopted. Some believe children in foster care are there
because of delinquency and other behavioral problems. The unfortunate
fact is most children who are in foster care are there because they are
abused, neglected or abandoned. These vulnerable children desperately
need a family structure. They need parents who serve as positive role
models, helping them become bright and successful members of their
community.
While progress is being made to increase adoption, there is always
more work to be done. Helping in this process are numerous agencies and
nonprofit organizations that work tirelessly to find worthy American
families who want to be adopting parents. In Iowa, one such agency is
Four Oaks Family and Children Services of Cedar Rapids, IA. Four Oaks
has had a recruiter working with Wendy's Wonderful Kids since 2005.
Wendy's Wonderful Kids is an innovative program of the Dave Thomas
Foundation for Adoption, named after the late American business icon
who founded Wendy's Restaurants. The foundation's mission is to promote
adoption. It recently released a report about the success of the
Wendy's Wonderful Kids Program. Specifically, the program is more
focused on hard-to-place children. Recruiters work with children to
find them the most appropriate placement. This program is a success
story.
Congress has also adopted and acted on legislation. In 2008, I was
part of a bipartisan effort to pass the Fostering Connections to
Success and Increasing Adoption Act of 2008. This new law represented
the most significant and most far-reaching improvement in child welfare
in over a decade. It provided additional Federal incentives for States
to move children from foster care to adoptive homes. It included
legislation that I had introduced to make it easier for foster children
to be permanently cared for by their own relatives, including
grandparents, aunts and uncles, and to stay in their home communities.
That, of course, is one way of bringing about greater stability.
Provisions in the law also made all children with special needs
eligible for Federal adoption assistance. Previously, that assistance
had been limited to children who were removed from very low-income
families. The law broke new ground by establishing opportunities to
help kids who age out of the foster care system at age 18 by giving
their respective States the option to extend their care and by helping
them pursue education or vocational training.
In late 2009, Senator Mary Landrieu and I formed the Senate Caucus on
Foster Youth to give older youth in and out of care and their families
a place where their voices could be heard. We wanted foster youth to be
part of this legislative process. By hearing from young people and from
their families who have experienced the foster care system firsthand,
congressional leaders will become more aware of the issues facing young
people and their families.
The caucus has and will continue to generate new ideas to prevent
negative outcomes and create new opportunities for success. We wanted
to focus on helping young people when they age out of the foster care
children, typically at age 18. As many as 29,000 children age out every
year without ever having found adoptive placement. Without the security
of a family, they often end up homeless, end up incarcerated or end up
maybe addicted to
[[Page S7607]]
drugs. Children who age out of the system enter adulthood without
knowing what it was like to be raised having their own families because
they were under the State's supervision. In a sense, the State was
their family, and that is not much of a family. They missed out on
having a mom and a dad and maybe brothers and sisters to grow up with
and to learn from and with whom they would have relationships for the
rest of their life. They missed out on a very important part of
childhood that they will never know, one that too many of us take for
granted.
They are thrown into the world and forced to take care of themselves.
They struggle to pay bills, to find and hold a job, and to simply make
ends meet.
That is why adoption awareness is so very important and hence the
resolution we are talking about. Since the First National Adoption Day
in 2000, more than 35,000 children have joined ``forever families''
during National Adoption Day. In 2010 alone, adoptions for almost 5,000
children were finalized through 400 National Adoption Day events in all
50 States, the District of Columbia, and Puerto Rico.
These are impressive numbers--numbers that make us proud of the work
being done to help foster children get the proper care. But there is
always more work to be done. I have said that twice but can't say it
too many times. It is through awareness such as this that we can help
the work to continue.
In passing S. Res. 302, this body will make an important statement
about our collective support for the needs of foster children. It
recognizes the families who took the giant leap to open their homes to
other children. National Adoption Month is about kids who need a home,
it is about kids who just want a mom and a dad, it is about helping
children who are victims of neglect and abuse, and it is about giving
children living in foster care the ability to live their dreams.
We need to keep working together to break down the barriers to
adoption so every child feels the relief of a solid family. I am proud
to support the many kids who wait for permanency and stability but,
more importantly, I want to salute the many organizations that are
helping to make their dreams come true.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
National Debate on Gun Control
Mr. GRASSLEY. Mr. President, because of the attack against
Congresswoman Giffords, there has been some legislation introduced for
more gun control. We are going to have to take a good look at that
piece of legislation, as we have unanimously passed legislation after
the tragic shooting in Virginia Tech in April of 2007. I am not going
to deal directly with that specific piece of legislation, but I wish
talk about some of the general approaches to gun control that are being
discussed.
Getting back to Virginia Tech, the national debate surrounding
updating Federal gun laws gained national attention following the
tragic shooting at Virginia Tech and now, of course, has come up again
because of the attack against Congresswoman Giffords.
Following the terrible tragedy at Virginia Tech, Congress passed the
National Instant Criminal Background Check System. That goes by the
acronym of NICS, N-I-C-S, so I will be referring to the national
instant criminal background check by that acronym.
This bill, as I said, passed the House and the Senate by unanimous
consent and was signed into law by President Bush. Despite the strong
bipartisan support the NICS Improvement Act had, the improvement act
was not a perfect piece of legislation and is a good example of why we
need to be very careful when we legislate to avoid unintended
consequences. So I am raising some of these issues in regard to the
possible consideration of legislation that has been introduced because
of the terrible attack on Congresswoman Giffords.
For example, in the next bill it actually--with unintended
consequences but still doing it--stripped thousands of veterans and
their beneficiaries of their second amendment rights simply because
they had a fiduciary appointed on their behalf. Oftentimes, a fiduciary
is appointed simply for managing disability compensation pensions or
survivor benefits.
Under an interpretation by the Department of Veterans'
Administration, veterans who have a fiduciary appointed are often
deemed ``mentally defective,'' and are then consequently reported to
the FBI's NIC system and consequently prohibited from purchasing a
firearm.
Under the NICS Improvement Act--and that was a bipartisan bill--with
unintended consequences, this happened: Around 114,000 veterans and
their beneficiaries have been automatically denied their second
amendment rights.
It is a terrible irony that veterans, who have served their country
on the battlefield, who have been entrusted with our national security
and have been provided firearms by their very government, are the same
people the NICS Improvement Act harmed by taking away their second
amendment rights, all without a hearing or formal adjudication.
We honored and celebrated Veterans Day last Friday. Yet, we are
possibly going to be debating new legislation to restrict the second
amendment rights of citizens without fixing the unintended consequences
of our last major gun law, the NICS Improvement Act.
While the horrific events in Tucson are still fresh in our memories,
as we discuss new gun control laws we also need to move forward on
bipartisan legislation, such as the Veterans Second Amendment
Protection Act, introduced by a bipartisan couple, Senator Burr and
Senator Webb. This bill would fix the unintended consequences to
thousands of veterans caused by the NICS Improvement Act.
A hearing we had this week offered me an opportunity to discuss
illegal firearms tracking and the government's efforts to stop it. At
the forefront of this is the Department of Justice's failed operation
called Fast and Furious, where the ATF knowingly allowed illegal
purchasers to buy guns. The more we learned about Fast and Furious, the
more we have discovered that senior Justice Department officials knew
or should have known about these nearly 2,000 guns ending up in the
hands of criminals, including the drug cartels in Mexico.
At the first House oversight hearing on Operation Fast and Furious,
multiple ATF agents testified that fear spread through the Phoenix
field division every time there was news of a major shooting event. So
that brings us back to the tragedy for Congresswoman Giffords.
Specifically with regard to the Congresswoman's shooting one agent
said:
There was a state of panic, like, . . . let's hope this is
not a weapon from that case.
And ``that case'' was the Fast and Furious case, where our government
decided to encourage licensed gun dealers to illegally sell guns to
straw purchasers with the idea that we would follow them across the
border. But there wasn't any following. So it was an effort doomed to
failure in the first place. The Fast and Furious operation was failed
in concept, in design, and in execution.
As the Attorney General said last week, before our Judiciary
Committee: It should never have happened. And the Justice Department
officials who knew about this program, including those who allowed
false statements to Congress, need to be held accountable.
I thought it was fitting that late last week, Attorney General Holder
finally wrote to the family of Agent Terry, the person who was murdered
with two of these Fast and Furious guns found at the murder scene. This
is the very same Attorney General who had an opportunity to apologize
to the Terry family when he was asked by Senator Cornyn, Have you
apologized to the Terry family? The Attorney General said, No. He said,
Would you like to apologize now? That is what Senator Cornyn asked him.
He gave an answer, but it wasn't an apology. So we have a letter late
last week going to the Terry family. In his letter, he stated he was
sorry for their loss, although he refused to take responsibility for
the Department's role in Agent Terry's death.
[[Page S7608]]
At the root, then, of Fast and Furious--and a lot of rhetoric
surrounding gun control legislation--have been the gun trafficking
statistics provided by ATF. These unclear statistics have fueled the
debate and contributed to undertaking such a reckless operation as Fast
and Furious.
For example, in 2009, both President Obama and Secretary of State
Clinton stated that 90 percent of the guns in Mexico were from the
United States. But that statistic later changed to 90 percent of the
guns that Mexico submitted for tracing to the ATF were from this
country. This year, that number has become 70 percent of the guns
submitted by the Mexican Government for tracing were from the United
States. All the different percentages beg the question, what are the
real numbers?
Articles discussing the 70-percent number misrepresent the facts, as
I pointed out in a letter to then-ATF Acting Director Melson in June of
this year.
First, there are tens of thousands of guns confiscated at crime
scenes annually in Mexico. The Associated Press stated that in 2009,
over 305,424 confiscated weapons were locked in vaults in Mexico.
However, the ATF has acknowledged to my staff, in a briefing on July
29, 2011, that ATF does not have access to the vault in Mexico
described in that story.
ATF also acknowledges that only a portion of the guns recovered in
Mexico are actually submitted to the United States for tracing. In a
November 8, 2011 court filing, the chief of ATF's firearms operation
division made a declaration saying--now, remember, this is in a court
filing:
It is important to note, however, that ATF's eTrace data is
based only on gun trace requests actually submitted to the
ATF by law enforcement officials in Mexico, and not on all of
the guns seized in Mexico.
That court filing further states that:
In 2008, of the approximately 30,000 firearms that the
Mexican Attorney General's Office informed ATF that it had
seized, only 7,200, or one quarter, of those firearms were
submitted to ATF for tracing.
So if Mexico submits only 25 percent of the guns for tracing, then
the statistics could be grossly inaccurate one way or the other.
The discrepancies in the numbers do not stop there. ATF also informed
my staff that the eTrace-based statistics could vary drastically by a
single word's definition.
We have an example of different definitions. The 70-percent number
was generated using a definition of U.S.-sourced firearms. That happens
to include guns manufactured in the United States or imported through
the United States. Thus, the 70-percent number does not mean that all
guns were purchased at a U.S. gun dealer and then smuggled across the
border; it could simply mean that the firearm was manufactured in the
United States.
So when my staff asked ATF, how many guns traced in 2009 and 2010
were traced to U.S. gun dealers, the numbers were quite shocking in
comparison to the statistics we previously heard. For 2009, of the
21,313 guns recovered in Mexico and submitted to tracing, only 5,444
were sourced to a U.S. gun dealer. That is around 25 percent.
For 2010, of the 7,971 guns recovered in Mexico submitted for
tracing, only 2,945 were sourced to a U.S. gun dealer. That is only 37
percent, a far cry from 70 percent or 90 percent that we have been
hearing over a long period of time, not to mention that the guns in
2009 and 2010 from gun dealers could include some of the nearly 2,000
firearms that were walked as part of our own Justice Department's
Operation Fast and Furious.
We need clearer data from ATF and from Mexico. Mexico needs to open
the gun vaults and allow more guns to be traced, not just the ones the
Mexican Government selects. We need to know if military arsenals are
being pilfered as a source--as media articles have claimed the State
Department points to in diplomatic cables.
When it comes to the diplomatic cables, I sent a letter to--actually
it was yesterday--Secretary of State Clinton seeking all diplomatic
cables discussing the source of arms from Mexico, Central America, and
South America. I believe this information is relevant to Congress,
given that I discovered in a July 2010 cable, as part of my Fast and
Furious investigation, that cable titled, ``Mexico Weapons
Trafficking--The Blame Game,'' seeks to dispel myths about weapons
trafficking. Among other things, the State Department authors discussed
what they perceived as ``Myth: An Iron Highway of Weapons Flows from
the U.S.''
These cables are vitally important to Congress's understanding of the
problem. Further, given that they appear in documents that ATF
submitted to Congress as part of Fast and Furious, there should be no
reason for the State Department to withhold them as part of our
legitimate oversight, even if they are classified.
There is a lot more to be said about the specific problems with the
legislation that might be coming before the Judiciary Committee as a
result of Congresswoman Giffords' tragedy. We have to ask a lot of
questions to flush out some of these serious problems. We don't want to
happen in this legislation what happened in the NICS Improvement Act
when 114,000 veterans were denied their second-amendment rights and,
consequently, avoid these unintended consequences. We should not be
legislating away any constitutional rights people have under the second
amendment.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Bennet). Without objection, it is so
ordered.
____________________