[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Pages 16673-16675]
[From the U.S. 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.


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  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 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

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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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