[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[House]
[Pages H7457-H7458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERCOUNTRY ADOPTION UNIVERSAL ACCREDITATION ACT OF 2012
Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass
the bill (S. 3331) to provide for universal intercountry adoption
accreditation standards, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 3331
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercountry Adoption
Universal Accreditation Act of 2012''.
SEC. 2. UNIVERSAL ACCREDITATION REQUIREMENTS.
(a) In General.--The provisions of title II and section 404
of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et
seq.), and related implementing regulations, shall apply to
any person offering or providing adoption services in
connection with a child described in section 101(b)(1)(F) of
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(F)),
to the same extent as they apply to the offering or provision
of adoption services in connection with a Convention
adoption. The Secretary of State, the Secretary of Homeland
Security, the Attorney General (with respect to section
404(b) of the Intercountry Adoption Act of 2000 (42 U.S.C.
14944)), and the accrediting entities shall have the duties,
responsibilities, and authorities under title II and title IV
of the Intercountry Adoption Act of 2000 and related
implementing regulations with respect to a person offering or
providing such adoption services, irrespective of whether
such services are offered or provided in connection with a
Convention adoption.
(b) Effective Date.--The provisions of this section shall
take effect 18 months after the date of the enactment of this
Act.
(c) Transition Rule.--This Act shall not apply to a person
offering or providing adoption services as described in
subsection (a) in the case of a prospective adoption in
which--
(1) an application for advance processing of an orphan
petition or petition to classify an orphan as an immediate
relative for a child is filed before the date that is 180
days after the date of the enactment of this Act; or
(2) the prospective adoptive parents of a child have
initiated the adoption process with the filing of an
appropriate application in a foreign country sufficient such
that the Secretary of State is satisfied before the date that
is 180 days after the date of the enactment of this Act.
SEC. 3. AVAILABILITY OF COLLECTED FEES FOR ACCREDITING
ENTITIES.
(a) Section 403 of the Intercountry Adoption Act of 2000
(42 U.S.C. 14943) is amended by striking subsection (c).
(b) Report Requirement.--Section 202(b) of the Intercountry
Adoption act of 2000 (42 U.S.C. 14922(b)) is amended by
adding at the end the following:
``(5) Report on use of federal funding.--Not later than 90
days after an accrediting entity receives Federal funding
authorized by section 403, the entity shall submit a report
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that describes--
``(A) the amount of such funding the entity received; and
``(B) how such funding was, or will be, used by the
entity.''.
SEC. 4. DEFINITIONS.
In this Act, the terms ``accrediting entity'', ``adoption
service'', ``Convention adoption'', and ``person'' have the
meanings given those terms in section 3 of the Intercountry
Adoption Act of 2000 (42 U.S.C. 14902).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr.
Berman) each will control 20 minutes.
The Chair recognizes the gentlewoman from Florida.
General Leave
Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and to include extraneous material in the Record on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of S. 3331, the Intercountry Adoption Universal
Accreditation Act of 2012. This bipartisan bill, which recently
received unanimous consideration in the Senate, is the Senate-side
companion to H.R. 6027, which is the bipartisan House bill introduced
by my good friend from New Jersey (Mr. Sires).
This bill requires that all intercountry adoption providers in the
U.S. meet the same accreditation standards regardless of whether the
adoption is from a Hague Convention signatory country.
{time} 1810
Mr. Speaker, before I close, I would like to direct attention to yet
another outrage perpetrated by Russian strongman Vladimir Putin, one
that he has knowingly directed at innocent Russian children awaiting
adoption. His action was a shameful response to legislation
overwhelmingly adopted by the Congress that targets Russian officials
engaged in human rights abuses, specifically those regarding Sergei
Magnitsky.
Magnitsky was a Russian lawyer killed in prison after having
uncovered massive government corruption, including senior officials in
Putin's regime. Instead of prosecuting those
[[Page H7458]]
criminals, Putin has instead cruelly chosen to target Russian orphans
by banning adoptions by Americans.
Tens of thousands of Russian children have been adopted by families
in this country, who have given these innocents the love and protection
they otherwise likely would have never known. Now, countless numbers
may be condemned to tragic lives, knowingly sacrificed by Vladimir
Putin in a sickening effort to show the world just how tough he is. Is
there any additional proof needed of the despicable nature of this man
and his regime?
I call upon President Obama to tell Putin that the U.S. cannot and
will not engage in a business-as-usual relationship with a regime so
utterly devoid of humanity, a regime that deliberately tears apart the
lives of its own children by depriving them the love of those Americans
who wish only to give these innocents a family and a better future.
Let those in the administration who turn their eyes from this outrage
explain to these orphans why they must be sacrificed for the sake of
good relations with the Putin regime.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. BERMAN. Mr. Speaker, I rise in support of S. 3331, the
Intercountry Adoption Universal Accreditation Act of 2012, and I yield
myself such time as I may consume.
I would like to thank Senator Kerry and my colleague from New Jersey,
a member of the Foreign Affairs Committee, Mr. Sires, for their hard
work on this legislation.
This bill ensures American families adopting children will be
protected from unethical and fraudulent practices by international
adoption agencies. For years, conflicting country-by-country standards
have plagued the international adoption process, causing harm to
adoptive children and families.
The bill would expand accreditation standards to cover all
international adoptions. Presently, those standards apply only to
adoptions from countries that are parties to the Convention on
Protection of Children and Co-operation in Respect of Intercountry
Adoption, known as the Hague Convention.
Accreditation standards help prevent the sale of children, thwart
fraudulent financial practices, and ensure transparency in fees and the
adoption process. They also encourage agencies to employ staff with
professional qualifications and training.
This is a commonsense bill that should have been enacted long ago.
Less than half of all families adopting internationally are protected
by the Hague Adoption Convention process, and we want to make sure that
we protect all families that open their homes and hearts to children in
need of loving families. I urge my colleagues to support this
legislation.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, we have no further requests for time,
and we are ready to yield back once the gentleman from California
yields back.
Mr. BERMAN. Mr. Speaker, I don't see the one individual who asked to
join me in speaking on this, so I yield back the balance of my time.
Ms. ROS-LEHTINEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the
rules and pass the bill, S. 3331.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. ROS-LEHTINEN. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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