[Congressional Record Volume 161, Number 72 (Tuesday, May 12, 2015)]
[Senate]
[Page S2798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Johnson, Mr. Grassley, Ms. 
        Klobuchar, Mr. McConnell, Mrs. Boxer, and Mr. Corker):
  S. 1300. A bill to amend the section 221 of the Immigration and 
Nationality Act to provide relief for adoptive families from immigrant 
visa feeds in certain situations; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Adoptive 
Family Relief Act, which would provide support and relief to American 
families seeking to bring their adoptive children from the Democratic 
Republic of Congo home to the U.S. It would also provide relief to 
similarly situated adoptive families should barriers arise in other 
countries in the future. I thank my colleagues, Senators Ron Johnson, 
Chuck Grassley, Mitch McConnell, Amy Klobuchar, Barbara Boxer, and Bob 
Corker for joining me as original cosponsors.
  Within the past few years, over 350 American families have 
successfully adopted children from the Democratic Republic of Congo. 
However, since September 25, 2013, they have not been able to bring 
their adoptive children home to the United States because the 
Democratic Republic of Congo suspended the issuance of ``exit permits'' 
for these children until its parliament passes new laws regarding 
international adoption. These exit permits are necessary for adopted 
children to leave the Democratic Republic of Congo and be united with 
their American families in the U.S. As the permit suspension drags on, 
however, American families are repeatedly paying visa renewal and 
related fees, while also continuing to be separated from their adopted 
kids.
  The Adoptive Families Relief Act would grant flexibility to the 
United States Department of State to waive immigrant visa renewal fees 
for adoptive American parents in extraordinary circumstances like this, 
where the cause of delay is due to factors not in the control of the 
child or parents. The Department of State is fully supportive of this 
legislation and is eager to provide some relief to the many families 
who are affected.
  Under current law, adopted children from abroad must secure U.S. 
immigrant visas in order to travel to the United States to unite with 
their adoptive parents. However, these visas expire after 6 months. 
Ordinarily, such visas are used within the allotted 6 months. However, 
in rare circumstances, such as the suspension of exit permits in the 
Democratic Republic of Congo, adopted children are prohibited from 
leaving their country of birth and cannot use their U.S.-issued visas 
within the prescribed timeframe.
  Adoptive parents consequently pay $325 in visa renewal fees every 6 
months if they want to preserve the validity of their adopted child's 
visa to travel to the U.S. To renew the visa, the child must also 
complete another medical exam, which costs the child's adoptive family 
approximately $200. Many families from across the country have already 
paid for at least three visas, which amounts to $975 per child, plus 
costs for medical exams. Additionally, many families are also paying 
monthly childcare or foster care fees, and some families have adopted 
more than one child. So, in addition to the emotional stress of being 
separated from their adoptive children, American parents face a 
financial burden while the situation goes unresolved.
  This bill would not change any of the substantive requirements for 
issuance of a renewed visa, such as necessary medical exams and 
background checks. It simply allows the Department of State to waive 
the visa renewal fee to alleviate the financial burden imposed on 
American families to renew their child's visa, and reimburses those who 
have already renewed their child's visa since the exit permit 
suspension.
  The Department of State does not anticipate this waiver authority to 
be used broadly based on its past experiences and its other adoption 
programs abroad. The bill would not be a financial burden on the United 
States. According to the State Department, once the initial visa, which 
the parents must pay for, is issued, the subsequent work for consular 
officers involved with renewing a visa is relatively quick and simple. 
The work involved to renew the visa therefore does not amount to the 
full cost of the visa renewal fee, so the State Department maintains it 
would not impact its consular resources.
  This legislation builds on the efforts of other members who have 
tried to resolve the Democratic Republic of Congo's exit permit 
suspension in various ways. Last April, 171 Members of Congress sent a 
letter to Democratic Republic of Congo President Joseph Kabila asking 
for his intervention. In June of 2014, 167 Members of Congress also 
sent a letter to President Obama requesting his outreach to President 
Kabila to resolve this situation. Members of Congress sent a letter to 
the Democratic Republic of Congo Parliament offering technical 
assistance on October 28, 2014, and the Senate passed S. Res. 502 in 
the 113th Congress, concerning the Democratic Republic of Congo's 
suspension of exit permits for Congolese adopted children. This year, 
the Senate passed an amendment to promote the return of legally adopted 
children from the Democratic Republic of Congo. My Senate colleagues 
and our staff have met with our constituents directly affected by the 
Democratic Republic of Congo's exit permit suspension, and heard their 
call for help. Furthermore, I, and other Senators, have also had 
individual meetings with Congolese Ambassador to the U.S., Faida 
Mitifu.
  However, since the exit permit suspension continues despite these 
efforts, it is imperative to bring some relief to our American adoptive 
parents. While we continue to urge the Democratic Republic of Congo to 
lift its exit permit suspension, I urge my colleagues to pass the 
Adoptive Family Relief Act to provide some relief to American families 
caught powerless in this difficult situation. Should other adoptive 
parents face similar obstacles in the future with their adoption 
process in other countries, this bill will also serve as a source of 
relief to them.

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