I
105TH CONGRESS
2D SESSION
H. R. 3237
To establish a national registry from which adopted children may obtain
medical information voluntarily provided by their birth parents.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1998
Mr. SCHUMER introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To establish a national registry from which adopted children
may obtain medical information voluntarily provided by
their birth parents.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NATIONAL REGISTRY OF MEDICAL INFORMA-
TION ON BIRTH PARENTS OF ADOPTED CHIL-
DREN.
Part E of title IV of the Social Security Act (42
U.S.C. 670–679b) is amended by adding at the end the
following:
‘‘SEC. 479B. NATIONAL REGISTRY OF MEDICAL INFORMA-
TION ON BIRTH PARENTS OF ADOPTED CHIL-
DREN.
‘‘(a) IN GENERAL.—The Secretary shall establish
and operate, in accordance with this section, a national
registry to which the birth parents of an adopted child
may voluntarily provide medical information about them-
selves, and from which such information may be released
to the adopted child, on request of the adopted child.
‘‘(b) PROHIBITION AGAINST RELEASE OF IDENTIFY-
ING INFORMATION.—
‘‘(1) PROHIBITION.—Except as provided in
paragraph (2), the national registry shall not release
any information about a birth parent that would en-
able the identity of the birth parent to be readily de-
termined.
‘‘(2) EXCEPTION.—The national registry may
release identifying information about a birth parent
of an adopted child to the adopted child if the birth
parent and the adopted child have consented, by a
signed notarized statement, to the release of the in-
formation.
‘‘(c) CONFIDENTIALITY OF INFORMATION.—The na-
tional registry shall treat as confidential all information
in the national registry about an individual, and shall not
release the information for any purpose without the prior,
written, informed consent of the individual.
‘‘(d) OPERATIONS.—
‘‘(1) PRIVACY AND CONFIDENTIALITY PROTEC-
TIONS.—The Secretary shall establish such proce-
dures, and use appropriately designed computer and
data processing methods, as are necessary to protect
the privacy of birth parents and adopted children
who provide information to the national registry and
the confidentiality of the information in the national
registry.
‘‘(2) BAN ON FACILITATING REUNIONS.—The
national registry shall not attempt to contact any in-
dividual for the purpose of facilitating a reunion.
‘‘(3) CENTRALIZATION.—The national registry
shall be a centralized nationwide repository for the
information described in subsection (a), and shall
operate independently of any other data system
maintained by the Department of Health and
Human Services.
‘‘(e) REASONABLE
FEES.—The Secretary may
charge and collect a reasonable fee for services provided
under this section. The Secretary shall determine the
amount of the fee after taking into consideration the aver-
age fee for comparable services offered by States, and the
amount of the fee shall not exceed such average fee.
‘‘(f) PENALTY FOR VIOLATION.—
‘‘(1) IN GENERAL.—Whoever releases confiden-
tial information in violation of this section shall be
fined not more than $5,000, imprisoned for not
more than 1 year, or both.
‘‘(2) INAPPLICABILITY OF GENERAL FINE PRO-
VISIONS OF FEDERAL CRIMINAL LAW.—Section 3571
of title 18, United States Code, shall not apply to
a violation of this section.
‘‘(g) NO PREEMPTION.—This section shall not be
construed to invalidate or limit any law of a State or of
a political subdivision of a State concerning adoption and
the confidentiality of the sealed adoption record policy of
the State.’’.
Æ