,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dadc ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjad ,ms4 ,granger 7for herself1 ,ms4 ,bass1 ,mrs4 ,bachmann1 ,mr4 ,diaz-,balart1 ,mr4 ,franks of ,arizona1 ,mr4 ,olson1 ,mr4 ,sensenbrenner1 ,mr4 ,wolf1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,cooper1 ,mr4 ,langevin1 ,mr4 ,huizenga of ,michigan1 ,mr4 ,carson of ,indiana1 ,mr4 ,conaway1 ,mr4 ,schiff1 ,mr4 ,richmond1 ,mr4 ,takano1 ,mr4 ,bishop of ,new ,york1 ,ms4 ,schwartz1 ,mr4 ,braley of ,iowa1 ,mr4 ,doggett1 ,mrs4 ,capito1 ,mrs4 ,brooks of ,indiana1 ,mr4 ,israel1 ,mr4 ,rokita1 ,mr4 ,cohen1 ,ms4 ,jackson ,lee1 ,ms4 ,bonamici1 ,mr4 ,mc,govern1 ,mr4 ,nunnelee1 ,ms4 ,kuster1 ,mr4 ,forbes1 and ,mr4 ,murphy of ,florida7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to realign structures and reallocate resources in the ,federal ,government1 in keeping with the core ,american belief that families are the best protection for children and the bedrock of any society1 to bolster ,united ,states diplomacy and assistance targeted at ensuring that every child can grow up in a permanent1 safe1 nurturing1 and loving family1 and to strengthen intercountry adoption to the ,united ,states and around the world and ensure that it becomes a viable and fully developed option for providing families for children in need1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,children in ,families ,first ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings2 purposes4 ,sec4 #c4 ,definitions4 ,title ,i--,realignment of certain international child welfare responsibilities and functions ,sec4 #aja4 ,establishment of ,bureau of ,vulnerable ,children and ,family ,security in the ,department of ,state4 ,sec4 #ajb4 ,responsibilities of ,u4,s4 ,citizenship and ,immigration ,services for accreditation of adoption service providers4 ,sec4 #ajc4 ,transfer of functions and savings provisions4 ,sec4 #ajd4 ,responsibilities of ,u4,s4 ,citizenship and ,immigration ,services for adoption-related case processing4 ,title ,,ii--,annual reporting ,sec4 #bja4 ,annual report on children living without families4 ,sec4 #bjb4 ,country reports regarding severe forms of trafficking4 ,title ,,iii--,promotion of a comprehensive approach for children in adversity ,sec4 #cja4 ,establishment of a ,,usaid ,center for ,excellence for ,children in ,adversity4 ,title ,,iv--,funding and effective dates ,sec4 #dja4 ,funding4 ,sec4 #djb4 ,effective dates4 #b4 ,findings2 purposes 7a7 ,findings ,congress makes the following findings3 7#a7 ,the people of the ,united ,states recognize and believe that children must grow up in permanent1 safe1 and nurturing families in order to develop and thrive4 7#b7 ,science now proves conclusively that children suffer immediate1 lasting1 and in many cases irreversible damage from time spent living in institutions or outside of families1 including reduced brain activity1 reduced ,,iq1 smaller brain size1 and inability to form emotional bonds with others4 7#c7 ,governments in other countries seek models that promote the placement of children who are living outside family care in permanent1 safe1 and nurturing families1 rather than in foster care or institutions1 but many governments lack the resources or infrastructure to adequately address this need4 7#d7 ,despite the good efforts of countless governments and nongovernmental organizations1 millions of children remain uncounted and outside of the protection1 nurturing care1 permanence1 safety1 and love of a family4 ,without the care of a family1 these children are forced to live on the streets1 in institutions1 in paid foster care1 in child-headed households1 in group homes1 or as household servants4 7#e7 ,no reliable data currently exists to define and document the number and needs of children in the world currently living without families1 but available evidence demonstrates that there are millions of children in this situation needing immediate help4 7#f7 ,the ,december #bjab ,action ,plan for ,children in ,adversity commits the ,united ,states ,government to achieving a world in which all children grow up within protective family care and free from deprivation1 exploitation1 and danger4 ,to effectively and efficiently accomplish this goal1 it is necessary to realign the ,united ,states ,government's current operational system for assisting orphans and vulnerable children1 and processing intercountry adoptions4 7#g7 ,all options for providing appropriate1 protective1 and permanent family care to children living without families must be considered concurrently and permanent solutions must be put in place as quickly as possible4 ,solutions include family preservation and reunification1 kinship care1 guardianship1 domestic and intercountry adoption1 and other culturally acceptable forms of care that will result in appropriate1 protective1 and permanent family care4 ,preference should be given to options that optimize child best interests1 which generally means options which provide children with fully protected legal status and parents with full legal status as parents1 including full parental rights and responsibilities4 ,the principle of subsidiarity1 which gives preference to in-country solutions1 should be implemented within the context of a concurrent planning strategy1 exploring in- and out-of-country options simultaneously4 ,if an in-country placement serving the child's best interest and providing appropriate1 protective1 and permanent care is not quickly available1 and such an international home is available1 the child should be placed in that international home without delay4 7#h7 ,significant resources are already dedicated to international assistance for orphans and vulnerable children1 and a relatively small portion of these resources can be reallocated to achieve more timely1 effective1 nurturing1 and permanent familial solutions for children living without families1 resulting in fewer children worldwide living in institutions or on the streets1 more families preserved or reunified1 and increased domestic and international adoptions4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to support the core ,american value that families are the bedrock of any society2 7#b7 to protect the fundamental human right of all children to grow up within the loving care of permanent1 safe1 and nurturing families2 7#c7 to address a critical gap in ,united ,states foreign policy implementation by adjusting the ,federal ,government's international policy and operational structures so that seeking permanent families for children living without families receives more prominence1 focus1 and resources 7through the reallocation of existing personnel and resources72 7#d7 to harness the diplomatic and operational power of the ,united ,states ,government in the international sphere by helping to identify and implement timely1 permanent1 safe1 and nurturing familial solutions for children living without families1 including refugee or stateless children2 7#e7 to ensure that intercountry adoption by ,united ,states citizens becomes a viable and fully developed option for creating permanent families for children who need them2 7#f7 to protect against abuses of children1 birth families1 and adoptive parents involved in intercountry adoptions1 and to ensure that such adoptions are in the individual child's best interests2 and 7#g7 to harmonize and strengthen existing intercountry adoption processes under ,united ,states law-- 7,a7 by ensuring that the same set of procedures and criteria govern suitability and eligibility determinations for prospective adoptive parents seeking to complete intercountry adoptions1 whether or not the child is from a foreign state that is a party to the ,hague ,adoption ,convention2 and 7,b7 by aligning the definitions of eligible child for ,convention adoptions and non-,convention adoptions to the maximum extent possible4 #c4 ,definitions ,in this ,act3 7#a7 ,action plan for children in adversity ,the term ,action ,plan for ,children in ,adversity means the policy document entitled ,united ,states ,government ,action ,plan on ,children in ,adversity3 ,a ,framework for ,international ,assistance3 #bjab-bjag1 released on ,december #ai1 #bjab4 7#b7 ,appropriate1 protective1 and permanent family care ,the term appropriate1 protective1 and permanent family care means a nurturing1 lifelong1 commitment to a child by an adult1 or adults with parental roles and responsibilities that-- 7,a7 provides physical and emotional support2 7,b7 provides the child with a sense of belonging2 and 7,c7 generally involves full legal recognition of the child's status as child of the parents and of the parents' rights and responsibilities regarding the child4 7#c7 ,central authority ,the term central authority has the meaning given the term in section #c of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adijb74 7#d7 ,children in adversity ,the term children in adversity means children living inside or outside of family care who are deprived1 excluded1 vulnerable1 or at risk for violence1 abuse1 exploitation1 or neglect4 7#e7 ,convention adoption ,the term ,convention adoption has the meaning given the term in section #c of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adijb74 7#f7 ,convention country ,the term ,convention country has the meaning given the term in section #c of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adijb7 and for which the ,hague ,adoption ,convention has entered into force4 7#g7 ,guardianship ,the term guardianship means a permanent legal relationship between an adult and a child1 whereby the adult is lawfully invested with the power1 and charged with the duty1 of taking care of the child4 ,while some forms of guardianship are not truly permanent1 the form of guardianship referred to and supported under this ,act is permanent guardianship4 ,a ,kefala order issued by a country that follows traditional ,islamic law does not qualify as an adoption under ,united ,states law1 but may be a form of guardianship in some circumstances4 7#h7 ,habitual residence determination ,the term habitual residence determination means a factual determination of where a prospective adoptive parent 7or parents7 resides and where the child resides for purposes of an intercountry adoption case4 7#i7 ,hague adoption convention ,the term ,hague ,adoption ,convention means the ,convention of ,protection of ,children and ,cooperation in ,respect of ,intercountry ,adoption1 concluded at ,the ,hague ,may #bi1 #aiic4 7#aj7 ,kinship care ,the term kinship care means the full time care1 nurturing1 and protection of children by relatives1 members of their tribes or clans1 godparents1 stepparents1 or any adult who has a kinship bond with a child1 so long as those persons have the capacity and commitment to function as true parents for the child on a permanent basis4 ,it does not include paid kinship foster care4 7#aa7 ,non-convention adoption ,the term non-,convention adoption means-- 7,a7 an adoption by ,united ,states parents of a child from a non-,convention country in accordance with subparagraph 7,f7 of section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a772 7,b7 an adoption by ,united ,states parents of a child under the laws of the child's country of origin 7generally when the parents are living in the child's country of origin and therefore able legally to complete a domestic adoption72 or 7,c7 in certain circumstances 7generally with respect to relative adoptions or adoptions by dual national parents71 an adoption by ,united ,states parents of a child from a ,convention country if that country allows legal and valid adoptions to take place outside the scope of the ,convention4 7#ab7 ,non-convention country ,the term non-,convention country means a country in which the ,hague ,adoption ,convention has not entered into force1 regardless of whether or not that country has signed the ,convention4 7#ac7 ,unparented children ,the term unparented children means children lacking the legal1 permanent1 safe1 and nurturing care of a parental figure or figures1 either inside their country of origin1 in the country of their habitual residence1 or elsewhere1 regardless of their lawful or unlawful immigration status in their current country of residence4 7#ad7 ,vulnerable children ,the term vulnerable children1 consistent with the ,united ,states ,agency for ,international ,development's definition1 means children and youth who are under #ah years whose safety1 well-being1 growth1 and development are at significant risk due to inadequate care1 protection1 or access to essential services4 ,i ,realignment of certain international child welfare responsibilities and functions #aja4 ,establishment of ,bureau of ,vulnerable ,children and ,family ,security in the ,department of ,state 7a7 ,establishment ,there is established within the ,department of ,state the ,bureau of ,vulnerable ,children and ,family ,security 7referred to in this ,act as the ,,vcfs71 which shall be located in the ,secretariat for ,civilian ,security1 ,democracy and ,human ,rights and shall promote and support the following activities3 7#a7 ,the development and implementation in foreign countries of child welfare laws1 regulations1 policies1 best practices1 and procedures in keeping with the goals articulated in the ,action ,plan for ,children in ,adversity1 including-- 7,a7 the sound development of children through the integration of health1 nutrition1 and family support2 7,b7 supporting and enabling families to care for children through family preservation1 reunification1 and support of kinship care1 guardianship1 and domestic and intercountry adoption2 and 7,c7 facilitating the efforts of national governments and partners to prevent1 respond to1 and protect children from violence1 exploitation1 abuse1 and neglect4 7#b7 ,addressing the gap in ,united ,states ,government diplomacy1 policy1 and operations with respect to promoting appropriate1 protective1 and permanent family care for children living without families by establishing within the ,,vcfs a ,senior ,coordinator for ,permanence1 who-- 7,a7 shall occupy at least a ,deputy ,assistant ,secretary-level position in the ,,vcfs2 and 7,b7 shall lead the development and implementation of policies that will ensure the timely provision of appropriate1 protective1 and permanent family care for children living without families1 including refugee and stateless children1 through the full continuum of permanence solutions1 including family preservation and reunification1 kinship care1 guardianship1 and domestic and intercountry adoption4 7b7 ,assistant ,secretary 7#a7 ,appointment ,the ,,vcfs shall be headed by an ,assistant ,secretary1 who shall be appointed by the ,president by and with the consent of the ,senate4 7#b7 ,qualifications ,the ,assistant ,secretary shall-- 7,a7 have experience in the development of policies and systems and the implementation of programs that promote the goals of the ,action ,plan for ,children in ,adversity2 7,b7 be knowledgeable of international child welfare1 family permanence1 and family creation through domestic and intercountry adoption2 and 7,c7 be committed to developing an integrated ,united ,states ,government approach to international child welfare that places equal emphasis on-- 7i7 early childhood survival and development2 7ii7 family permanence2 and 7iii7 protection from abuse and exploitation4 7#c7 ,authority ,the ,assistant ,secretary shall report to the ,under ,secretary for ,civilian ,security1 ,democracy and ,human ,rights4 7#d7 ,increase in authorized assistant secretary positions 7,a7 ,amendment to ,state ,department ,basic ,authorities ,act of #aief ,section #a7;c77#a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7c77#a77 is amended by striking not more than #bd ,assistant ,secretaries and inserting not more than #be ,assistant ,secretaries4 7,b7 ,amendment to title #e1 ,united ,states ,code ,section #ecae of title #e1 ,united ,states ,code1 is amended by striking ,assistant ,secretaries of ,state 7#bd7 and inserting ,assistant ,secretaries of ,state 7#be74 7c7 ,functions 7#a7 ,advisory ,the ,assistant ,secretary shall serve as a primary advisor to the ,secretary of ,state and the ,president in all matters related to vulnerable children and family security in foreign countries4 7#b7 ,diplomatic representation ,subject to the direction of the ,president and the ,secretary of ,state1 and in consultation and coordination with the ,senior ,coordinator for ,children in ,adversity of the ,united ,states ,agency for ,international ,development1 and the ,secretary of ,homeland ,security1 the ,assistant ,secretary shall represent the ,united ,states in matters relevant to international child welfare1 family preservation and reunification1 and provision of permanent1 safe parental care through kinship1 domestic and intercountry adoption in-- 7,a7 contacts with foreign governments1 nongovernmental organizations1 intergovernmental agencies1 and specialized agencies of the ,united ,nations and other international organizations of which the ,united ,states is a member2 7,b7 multilateral conferences and meetings relevant to family preservation1 reunification1 and creating appropriate1 protective1 and permanent care for unparented children2 and 7,c7 fulfillment of the diplomatic responsibilities designated to the central authority under title ,i of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adiaa et seq471 as amended by this ,act4 7#c7 ,policy development with respect to permanence for unparented children 7,a7 ,in general ,the ,assistant ,secretary shall-- 7i7 develop and advocate for policies and practices to ensure that children in foreign countries who are living without families find appropriate1 protective1 and permanent family care which is in the best interest of each child2 7ii7 give consideration to family preservation and reunification1 kinship care1 guardianship1 and domestic and intercountry adoption2 and 7iii7 seek to develop and implement policies that lead to the use of all options for providing appropriate1 protective1 and permanent family care to children living without families as quickly as possible4 7,b7 ,best interest determination ,in carrying out subparagraph 7,a71 the ,assistant ,secretary shall give preference to options that optimize the best interests of children1 including options which provide children with fully protected legal status as children and parents with full legal status as parents1 including full parental rights and responsibilities4 7,c7 ,subsidiarity ,the principle of subsidiarity1 which gives preference to in-country solutions1 should be implemented within the context of a concurrent planning strategy1 exploring in- and out-of-country options simultaneously4 ,if an in-country placement serving the child's best interests and providing appropriate1 protective1 and permanent care is not quickly available1 and such an international home is available1 the child should be placed in that international home without delay4 7,d7 ,best practices ,in developing policies and programs under this ,act1 the ,assistant ,secretary shall identify and utilize evidence-based programs and best practices in family preservation and reunification and provision of permanent parental care through guardianship1 kinship care1 and domestic and intercountry adoption as derived from a wide variety of domestic1 foreign1 and global policies and practices4 7,e7 ,technical assistance ,the ,assistant ,secretary1 in consultation with other appropriate ,federal agencies1 shall provide technical assistance to governments of foreign countries to help build their child welfare capacities and to strengthen appropriate family preservation and reunification and the provision of appropriate1 protective1 and permanent family care through kinship care1 guardianship1 and domestic and intercountry adoption1 including assistance with-- 7i7 the drafting1 disseminating1 and implementing of legislation2 7ii7 the development of implementing systems and procedures2 7iii7 the establishment of public1 private1 and faith- and community-based partnerships2 7iv7 the development of workforce training for governmental and nongovernmental staff2 and 7v7 infrastructure development and data collection techniques necessary to identify and document the number and needs of children living without appropriate1 protective1 and permanent family care4 7#d7 ,responsibilities with respect to intercountry adoption 7,a7 ,in general ,the ,,vcfs1 in coordination with other offices of the ,department of ,state and ,u4,s4 ,citizenship and ,immigration ,services1 shall have lead responsibility for representing the ,united ,states ,government in discussions1 negotiations1 and diplomatic contacts pertaining to intercountry adoptions4 7,b7 ,central authority responsibility under the intercountry adoption act of #bjjj ,section #aja7;b77#b7 of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adiaa7;b77#b77 is amended by striking ,office of ,children's ,issues and inserting ,bureau of ,vulnerable ,children and ,family ,security4 7,c7 ,determinations of ,hague adoption convention compliance ,the ,,vcfs1 in consultation with other offices of the ,department of ,state1 and the ,department of ,homeland ,security1 shall have lead responsibility for determining whether a ,convention partner country has met its obligations under the ,hague ,adoption ,convention and is eligible to participate in intercountry adoptions in accordance with ,united ,states law4 ,such determinations shall be documented in writing1 based on standardized criteria1 and available for public review and comment4 7,d7 ,negotiation of bilateral agreements ,the ,,vcfs1 in consultation with the ,secretary of ,homeland ,security1 shall have lead responsibility for the negotiation of bilateral agreements with other countries pertaining to intercountry adoption and in conformity with the provisions of the ,hague ,adoption ,convention when the other country is a ,convention partner4 7#e7 ,policy coordination ,the ,assistant ,secretary shall coordinate with the ,secretary of ,homeland ,security and the ,administrator of the ,united ,states ,agency for ,international ,development to maintain consistency in ,united ,states foreign and domestic policy and operations with respect to children living outside family care in foreign countries1 particularly those living without families4 7#f7 ,information coordination ,the ,assistant ,secretary shall transmit-- 7,a7 any intercountry adoption related case information received from the ,central ,authority of another ,convention country to the ,secretary of ,homeland ,security2 and 7,b7 any intercountry adoption related case information that the ,secretary of ,homeland ,security requests to the ,central ,authority of another ,convention country4 #ajb4 ,responsibilities of ,u4,s4 ,citizenship and ,immigration ,services for accreditation of adoption service providers 7a7 ,general responsibilities under the ,intercountry ,adoption ,act of #bjjj 7#a7 ,in general ,the ,intercountry ,adoption ,act of #bjjj 7,public ,law #ajf-bgi2 #aad ,stat4 #hbe7 is amended by inserting after section #ajc 7#db ,u4,s4,c4 #adiac7 the following3 #ajc;,a4 ,responsibilities of the ,department of ,homeland ,security 7a7 ,accreditation and approval responsibilities ,the ,secretary of ,homeland ,security1 working through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 shall carry out the functions prescribed by the ,convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the ,united ,states in cases subject to the ,convention as provided in title ,,ii4 ,such functions may not be delegated to any other ,federal agency4 7b7 ,investigations ,the ,secretary of ,homeland ,security shall be responsible for managing and overseeing investigations related to the operation and services of adoption service providers1 whether directly or indirectly4 7c7 ,liaison with foreign governments on post-,placement reports and certain adoption cases ,the ,secretary of ,homeland ,security shall serve as the liaison with foreign governments with respect to queries about required post-placement reports and about specific intercountry adoption cases once the adopted children are living in the ,united ,states1 including queries about the status of adopted children who are living in the ,united ,states in cases involving allegations of abuse1 neglect1 abandonment1 or death4 4 7#b7 ,clerical amendment ,section #a of such ,act is amended by inserting after the item relating to section #ajc the following3 ,sec4 #ajc;,a4 ,responsibilities of the ,department of ,homeland ,security4 4 7#c7 ,conforming amendments ,section #ajb of such ,act 7#db ,u4,s4,c4 #adiab7 is amended-- 7,a7 in subsection 7a71 by striking ,the ,secretary and inserting ,except as provided for under section #ajc;,a1 the ,secretary2 7,b7 in subsection 7b71 by inserting 1 in coordination with the ,secretary of ,homeland ,security1 after ,the ,secretary2 7,c7 by striking subsection 7c72 7,d7 by redesignating subsections 7d7 and 7f7 as subsections 7c7 and 7d71 respectively2 and 7,e7 by striking subsection 7e74 7b7 ,accreditation responsibilities under the ,intercountry ,adoption ,act of #bjjj 7#a7 ,designation of accrediting agencies ,section #bjb of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adibb7 is amended by inserting of ,homeland ,security after ,secretary each place it appears4 7#b7 ,standards and procedures for providing accreditation or approval ,section #bjc of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adibc7 is amended by inserting of ,homeland ,security after ,secretary each place it appears in subsections 7a7 and 7b74 7#c7 ,oversight of accreditation and approval ,section #bjd of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adibd7 is amended-- 7,a7 by inserting of ,homeland ,security after ,secretary each place it appears2 and 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a71 by amending the paragraph heading to read as follows3 7#d7 ,authority of the secretary of homeland security 2 and 7ii7 in paragraph 7#b71 by striking ,secretary's debarment order and inserting debarment order of the ,secretary of ,homeland ,security4 7#d7 ,administrative provisions 7,a7 ,access to convention records ,section #dja7;b7 of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adida7;b77 is amended-- 7i7 in paragraph 7#a71 by inserting 1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 after ,secretary2 and 7ii7 in paragraph 7#b71 by inserting the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 after ,secretary14 7,b7 ,assessment of fees ,section #djc7;b7 of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adidc7;b77 is amended-- 7i7 in paragraph 7#a7-- 7,i7 by inserting or the ,director of ,u4,s4 ,citizenship and ,immigration ,services after ,secretary2 and 7,,ii7 by inserting or ,u4,s4 ,citizenship and ,immigration ,services1 respectively1 after ,department of ,state2 and 7ii7 in paragraph 7#b71 by inserting or ,u4,s4 ,citizenship and ,immigration ,services appropriation1 as the case may be1 after ,department of ,state appropriation4 7c7 ,intercountry adoption functions of ,u4,s4 ,citizenship and ,immigration ,services 7#a7 ,definitions ,in this subsection and in section #ajc3 7,a7 ,adoption service ,the term adoption service has the meaning given the term in section #c of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adijb74 7,b7 ,associate director ,the term ,associate ,director means the ,associate ,director of the ,directorate4 7,c7 ,directorate ,except as otherwise provided in this subsection1 the term ,directorate means the ,field ,operations ,directorate of ,u4,s4 ,citizenship and ,immigration ,services4 7#b7 ,intercountry adoption functions ,the ,associate ,director shall carry out-- 7,a7 the functions described in section #ajc;,a7a7 of the ,intercountry ,adoption ,act of #bjjj1 relating to accreditation of agencies and approval of persons to provide adoption services2 7,b7 the functions described in section #ajc;,a7b7 of such ,act1 relating to management and oversight of investigations related to the operation of such providers2 and 7,c7 the functions described in section #ajc;,a7c7 of such ,act1 relating to liaison responsibilities regarding post-placement reports and certain adoption cases4 7#c7 ,informational responsibilities 7,a7 ,database on adoption service providers 7i7 ,in general ,the ,associate ,director shall establish and operate1 in conjunction with the ,secretary of ,state1 a publicly accessible database of adoption service providers4 7ii7 ,agreement ,the ,associate ,director1 the ,director1 and the ,secretary of ,state shall enter into an agreement under which the ,director and the ,secretary shall provide1 for the database1 data on intercountry adoption cases relating to adoption service providers4 7iii7 ,contents ,the database shall include1 with respect to each accredited agency and approved person1 who is an adoption service provider individually1 and to the aggregate of all adoption service providers-- 7,i7 information identifying such a provider2 7,,ii7 information on the accreditation status of an agency1 or the approval status of a person1 as an adoption service provider2 7,,iii7 information on the number of applications or petitions filed respecting adoption and the numbers of approvals and denials of the applications or petitions2 7,,iv7 the number of substantiated grievances filed with respect to an adoption service provider2 and 7,v7 a description of any sanctions an adoption service provider1 or corrective actions that the provider is required to take to maintain accreditation or approval described in subclause 7,,ii74 7,b7 ,database on internationally adopted children 7i7 ,in general ,the ,associate ,director1 in conjunction with the ,secretary of ,state1 shall establish and operate a database containing data respecting children involved in intercountry adoption cases who have immigrated to the ,united ,states4 7ii7 ,information tracking ,although the data available for adoptions finalized before the date of the enactment of this ,act will likely be incomplete1 the ,associate ,director should seek to import available data on all adoptions involving children who are younger than #ah years of age on the date of the enactment of this ,act4 ,in operating the database established under clause 7i71 the ,associate ,director shall track information about each such child before attaining ,united ,states citizenship1 including-- 7,i7 information identifying a child and the adoptive or prospective adoptive parents1 including-- 7aa7 the full name of the child in the country of origin and the full name of the child after the adoption is finalized2 7bb7 the gender1 date of birth1 nationality1 and citizenship of the child2 7cc7 the physical address of the child at the time of the adoption2 the type of visa issued to the child2 and 7dd7 the date on which the child entered the ,united ,states2 7,,ii7 information on the particular adoption service provider1 if any1 providing services in the particular case2 and 7,,iii7 information on immigration or citizenship status of the child4 7iii7 ,interagency agreement ,the ,associate ,director1 the ,director1 and the ,secretary of ,state shall enter into an agreement under which the ,secretary of ,state shall provide1 for the database1 data on intercountry adoption cases concerning the adopted children1 and the adoption service providers4 #ajc4 ,transfer of functions and savings provisions 7a7 ,definitions ,in this section1 unless otherwise provided or contextually indicated-- 7#a7 the term ,federal agency has the meaning given to the term agency under section #eea7a7 of title #e1 ,united ,states ,code2 7#b7 the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program2 and 7#c7 the term office includes any office1 administration1 agency1 institute1 unit1 organizational entity1 or component thereof4 7b7 ,transfer of functions ,there are transferred to the ,directorate1 all functions described in section #ajc;,a7a7 of the ,intercountry ,adoption ,act of #bjjj1 as added by section #ajb7;a7 of this ,act1 which were exercised by the ,secretary of ,state before the date of the enactment of this ,act 7including all related functions of any officer or employee of the ,department of ,state71 including functions relating to-- 7#a7 the accreditation of agencies and approval of persons to provide adoption services2 7#b7 the management and oversight of investigations related to the operation of such providers2 and 7#c7 liaison responsibilities with respect to required post-placement reports4 7c7 ,determinations of certain functions by the ,office of ,management and ,budget ,if necessary1 the ,director of the ,office of ,management and ,budget shall make any determination with respect to the transfer of functions under subsection 7b74 7d7 ,personnel provisions 7#a7 ,appointments ,the ,associate ,director may appoint and fix the compensation of such officers and employees1 including investigators1 attorneys1 and administrative law judges1 as may be necessary to carry out the respective functions transferred under this section4 ,except as otherwise provided by law1 such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title #e1 ,united ,states ,code4 7#b7 ,experts and consultants ,the ,associate ,director may obtain the services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code1 and compensate such experts and consultants for each day 7including travel time7 at rates not in excess of the rate of pay for level ,,iv of the ,executive ,schedule under section #ecae of such title4 ,the ,associate ,director may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections #egjb and #egjc of such title for persons in ,government service employed intermittently4 7e7 ,delegation and assignment ,except where otherwise expressly prohibited by law or otherwise provided under this section-- 7#a7 the ,associate ,director may-- 7,a7 delegate any of the functions transferred to the ,associate ,director under this section and any function transferred or granted to the ,associate ,director after the date of the enactment of this ,act to such officers and employees of the ,directorate as the ,associate ,director may designate2 and 7,b7 authorize successive redelegations of such functions as may be necessary or appropriate2 and 7#b7 no delegation of functions by the ,associate ,director under this subsection or under any other provision of this section shall relieve such ,associate ,director of responsibility for the administration of such functions4 7f7 ,reorganization ,the ,associate ,director is authorized-- 7#a7 to allocate or reallocate any function transferred under subsection 7b7 among the officers of the ,directorate2 and 7#b7 to establish1 consolidate1 alter1 or discontinue such organizational entities in the ,directorate as may be necessary or appropriate4 7g7 ,rules ,the ,associate ,director is authorized to prescribe1 in accordance with the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 such rules and regulations as the ,associate ,director determines necessary or appropriate to administer and manage the functions of the ,directorate4 7h7 ,transfer and allocations of appropriations and personnel ,except as otherwise provided under this section and subject to section #aeca of title #ca1 ,united ,states ,code1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with the functions transferred under subsection 7b71 shall be transferred to the ,directorate4 ,unexpended funds transferred pursuant to this subsection may only be used for the purposes for which the funds were originally authorized and appropriated4 7i7 ,incidental transfers ,the ,director of the ,office of ,management and ,budget-- 7#a7 may1 at such time or times as the ,director may prescribe-- 7,a7 make such determinations as may be necessary with regard to the functions transferred under subsection 7b72 and 7,b7 make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this section2 and 7#b7 shall provide for-- 7,a7 the termination of the affairs of all entities terminated under this section2 and 7,b7 such further measures and dispositions as may be necessary to carry out the purposes of this section4 7j7 ,effect on personnel 7#a7 ,in general ,except as otherwise provided under this section1 the transfer under this section of full-time personnel 7except special ,government employees7 and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the #a-year period beginning on the date of such transfer4 7#b7 ,executive schedule positions ,except as otherwise provided under this section1 any person who1 on the day preceding the date of the enactment of this ,act1 held a position compensated in accordance with the ,executive ,schedule prescribed in chapter #ec of title #e1 ,united ,states ,code1 and who1 without a break in service1 is appointed in the ,directorate to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position1 for the duration of the service of such person in such new position4 7#c7 ,termination of certain positions ,all positions whose functions are transferred under subsection 7b7 and whose incumbents have been appointed by the ,president1 by and with the advice and consent of the ,senate1 shall terminate on the date of the enactment of this ,act4 7k7 ,savings provisions 7#a7 ,continuing effect of legal documents ,all orders1 determinations1 rules1 regulations1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 privileges1 and other administrative actions which-- 7,a7 have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions which are transferred under this section2 and 7,b7 are in effect on the date of the enactment of this ,act1 or were final before such date of enactment and are to become effective on or after the date of the enactment of this ,act1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,associate ,director or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,proceedings not affected ,nothing in this section may be construed to affect any proceeding1 including a notice of proposed rulemaking1 or any application for any license1 permit1 certificate1 or financial assistance pending before the ,department of ,state on the effective date of this section1 with respect to functions transferred under subsection 7b74 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this section had not been enacted4 ,orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted4 7#c7 ,suits not affected ,nothing in this section may be construed to affect suits commenced before the date of the enactment of this ,act4 ,in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this section had not been enacted4 7#d7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,department of ,state1 or by or against any individual in the official capacity of such individual as an officer of the ,department of ,state1 shall abate by reason of the enactment of this section4 7#e7 ,administrative actions relating to promulgation of regulations ,any administrative action relating to the preparation or promulgation of a regulation by the ,department of ,state relating to a function transferred under subsection 7b7 may be continued by the ,directorate with the same effect as if this section had not been enacted4 7l7 ,separability ,if a provision of this section or its application to any person or circumstance is held invalid1 neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected4 7m7 ,transition ,the ,associate ,director is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,state with respect to functions transferred to the ,directorate by this section2 and 7#b7 funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section4 7n7 ,references ,reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or relating to-- 7#a7 the ,secretary of ,state with regard to functions transferred under subsection 7b71 shall be deemed to refer to the ,associate ,director2 and 7#b7 the ,department of ,state with regard to functions transferred under subsection 7b71 shall be deemed to refer to the ,directorate4 7o7 ,additional conforming amendments 7#a7 ,recommended legislation ,after consultation with the appropriate committees of ,congress and the ,director of the ,office of ,management and ,budget1 the ,associate ,director shall prepare and submit to ,congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section4 7#b7 ,submission to congress ,not later than #ahj days after the date of the enactment of this ,act1 the ,associate ,director shall submit the recommended legislation referred to under paragraph 7#a7 to ,congress4 #ajd4 ,responsibilities of ,u4,s4 ,citizenship and ,immigration ,services for adoption-related case processing 7a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services-- 7#a7 shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases 7up to the point of application for an immigrant visa on behalf of the adopted child71 including cases being processed pursuant to the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adija et seq47 and section #b of the ,intercountry ,adoption ,universal ,accreditation ,act of #bjab 7#db ,u4,s4,c4 #adibe72 7#b7 shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph 7,f7 or 7,g7 of section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77 are made in accordance with standard criteria that comply with the ,hague ,adoption ,convention so that any such determination justifies a ,convention adoption or a non-,convention adoption2 7#c7 to the maximum extent possible1 and to the extent permitted by the country in which the child resides1 shall ensure that all non-,convention adoption cases undergo preprocessing1 including-- 7,a7 the filing of a petition and the review of a child's eligibility to immigrate to the ,united ,states before the adoption or grant of legal custody 7for purposes of emigration and adoption in the ,united ,states7 of that child is completed in the country of origin2 and 7,b7 the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the ,united ,states2 7#d7 except as provided in paragraph 7#e71 shall be responsible for all case processing steps in ,convention and non-,convention adoption petitions on behalf of children whom ,united ,states parents propose to immigrate to the ,united ,states 7except for the processing of immigrant visas71 including processing of all necessary ,hague ,adoption ,convention certifications and the final adjudication of the immigration petitions2 and 7#e7 may delegate the responsibility for completing certain elements of case adjudication to the ,secretary of ,state if the ,department of ,homeland ,security-- 7,a7 cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances2 and 7,b7 defines and monitors the parameters for the elements delegated to the ,secretary of ,state and retains final decisionmaking authority4 7b7 ,foreign adoption decrees 7#a7 ,convention countries ,the #b-year legal custody and joint residence requirements set forth in section #aja7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77;,e77 shall not apply if the documentation submitted on behalf of a child includes-- 7,a7 an adoption decree issued by a competent authority 7as such term is used in the ,hague ,adoption ,convention7 of the child's country of origin and evidence that the adoption was granted in compliance with the ,hague ,adoption ,convention2 or 7,b7 a custody or guardianship decree issued by the competent authority of the child's country of origin to the adoptive parents1 and a final adoption decree1 verifying that the adoption of the child was later finalized outside the ,united ,states by the adoptive parents1 in addition to evidence that the custody or guardianship was granted in compliance with the ,hague ,adoption ,convention4 7#b7 ,substantial compliance with ,hague adoption convention ,paragraph 7#a7 shall not apply unless-- 7,a7 on the date on which the underlying adoption1 custody1 or guardianship decree was issued by the child's country of origin-- 7i7 that country's adoption procedures complied with the requirements of the ,hague ,adoption ,convention 7as determined by the ,united ,states central authority72 and 7ii7 the competent authority of the country of origin certified that the adoption is consistent with ,article #bc of the ,hague ,adoption ,convention2 and 7,b7 the adoption was a ,convention adoption that was completed between #b ,convention countries other than the ,united ,states4 7#c7 ,non-convention countries ,the ,secretary of ,homeland ,security may accept the filing of petitions on behalf of children living in non-,convention countries in the absence of a final adoption decree4 7c7 ,cooperation with foreign governments ,the ,secretary of ,homeland ,security may interact directly with the central authority of a ,convention country or a competent authority of a non-,convention country1 as appropriate-- 7#a7 to facilitate the processing of intercountry adoption cases1 including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings2 and 7#b7 to negotiate1 in coordination with the ,department of ,state1 and to implement bilateral agreements with respect to intercountry adoptions4 7d7 ,amendments to the ,intercountry ,adoption ,act of #bjjj 7#a7 ,transfer of responsibilities to the ,secretary of ,homeland ,security ,the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adija et seq47 is amended-- 7,a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7,b7 in the heading of section #ajc1 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security4 7#b7 ,hague convention certificates ,section #cja of such ,act 7#db ,u4,s4,c4 #adica7 is amended-- 7,a7 in subsection 7a7-- 7i7 in the subsection heading1 by striking ,secretary of ,state and inserting ,secretary of ,homeland ,security2 and 7ii7 in the heading to paragraph 7#a71 by striking ,secretary of ,state and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking ,secretary of ,state each place it appears and inserting ,secretary of ,homeland ,security4 7#c7 ,clerical amendment ,the table of contents of such ,act is amended by striking the item relating to section #ajc and inserting the following3 ,sec4 #ajc4 ,responsibilities of the ,secretary of ,homeland ,security4 4 7e7 ,definition of child ,section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77 is amended-- 7#a7 in subparagraph 7,e7-- 7,a7 in clause 7i71 by striking 7i7 a child adopted while under the age of sixteen years and inserting a child adopted while younger than #ah years of age2 and 7,b7 by striking clause 7ii72 7#b7 by amending subparagraph 7,f7 to read as follows3 7,f7 7i7 a child1 younger than #ah years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section #bja7;b71 and who has been adopted in a foreign state that is not a party to the ,convention on ,protection of ,children and ,co-operation in ,respect of ,intercountry ,adoption1 done at ,the ,hague ,may #bi1 #aiic1 or who is emigrating from such a foreign state to be adopted in the ,united ,states by a ,united ,states citizen and spouse jointly1 or by an unmarried ,united ,states citizen who is at least #be years of age1 if-- 7,i7 the ,secretary of ,homeland ,security is satisfied that proper care will be furnished the child if admitted to the ,united ,states2 7,,ii7 the child's natural parents 7or parent1 in the case of a child who has #a sole or surviving parent71 or other persons or institutions that retain legal custody of the child1 have freely given their written irrevocable consent to the termination of their legal relationship with the child1 and to the child's emigration and adoption2 7,,iii7 the child has a living parent or parents who has or have relinquished1 or will relinquish1 the child voluntarily for the purposes of intercountry adoption1 and the parent or parents are incapable of providing proper care for the child2 7,,iv7 the ,secretary of ,homeland ,security1 after considering whether there is a petition pending to confer immigrant status on one or both natural parents1 is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship1 and the parent-child relationship of the child and the natural parents has been terminated2 and 7,v7 in the case of a child who has not been adopted-- 7aa7 the competent authority of the foreign state has approved the child's emigration to the ,united ,states for the purpose of adoption by the prospective adoptive parent or parents2 and 7bb7 the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child's proposed residence2 and 7ii7 except that no natural parent or prior adoptive parent of any such child shall thereafter1 by virtue of such parentage1 be accorded any right1 privilege1 or status under this chapter2 2 and 7#c7 in subparagraph 7,g7-- 7,a7 in the matter preceding clause 7i71 by striking #af and inserting #ah2 7,b7 in clause 7i7-- 7i7 in subclause 7,,ii71 by striking because of the death or disappearance of1 abandonment or desertion by1 the other parent2 and 7ii7 in subclause 7,,iii71 by striking two living natural parents1 the natural parents are and inserting a living parent or parents1 who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption1 the parent or parents are2 7,c7 in clause 7ii71 by striking 2 or and inserting a period2 and 7,d7 by striking clause 7iii74 7f7 ,relative adoptions2 waiver authority ,section #ejb of the ,intercountry ,adoption ,act 7#db ,u4,s4,c4 #adieb7 is amended to read as follows3 7a7 ,authority ,to establish alternative procedures for adoption of children by relatives ,not later than #b years after the date of the enactment of the ,children in ,families ,first ,act of #bjad1 the ,secretary of ,homeland ,security shall establish1 by regulation1 alternative procedures for completing the intercountry adoption of children by ,united ,states citizens who are related to such children by blood1 marriage1 or adoption4 7b7 ,waiver authority ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 may waive1 on a case-by-case basis1 applicable requirements for meeting the definition of a child under subparagraph 7,e71 7,f71 or 7,g7 of section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a771 or regulations issued with respect to such definitions1 in the interests of justice or to prevent or respond to the threat of grave physical or emotional harm to the child if the petitioner establishes that-- 7#a7 the child substantially complies with the requirements under one of such subparagraphs2 and 7#b7 such a waiver would be in the child's best interests4 4 7g7 ,determination of applicability of the ,hague ,adoption ,convention in certain cases ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 may determine1 on a case-by-case basis1 that a specific intercountry adoption case may proceed as a non-,convention adoption if-- 7#a7 the child's country of origin or habitual residence is a ,convention country2 7#b7 the central authority of the child's country of origin or habitual residence has issued1 or will issue1 an adoption decree which that country considers to be legal and valid under that country's laws to the ,united ,states adoptive or prospective adoptive parents2 and 7#c7 the central authority of the child's country of origin or habitual residence has informed the ,secretary or the ,director that it does not consider the specific case to fall within the scope of the ,hague ,adoption ,convention4 7h7 ,special use of parole authority 7#a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 may grant parole to a child if the ,secretary or the ,director determines that-- 7,a7 the child's circumstances indicate that immediate unification with the parties seeking parole is in the child's best interests2 7,b7 waiting to complete other1 more time consuming immigration processing could be significantly harmful to the child's well-being2 7,c7 the party or parties seeking parole on behalf of the child-- 7i7 have a pre-existing legal relationship with the child1 as evidenced by an adoption decree or a custody order2 or 7ii7 demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child1 which may be evidenced by-- 7,i7 a familial relationship with the child2 7,,ii7 a close personal relationship with the child1 such as-- 7aa7 being matched with the child for an international adoption by an adoption service provider or the competent authority of the child's country of origin2 or 7bb7 documentation showing that the child's parents1 if deceased or otherwise incapacitated and unable to provide proper care for the child1 intended for the parties seeking parole to take custody of the child2 or 7,,iii7 the filing of adoption-related applications or petitions related to the adoption of the child2 and 7,d7 the child will receive proper care in the ,united ,states by the party or parties who seek parole on behalf of the child1 based on a review of the suitability of the party or parties1 which may include background check or completion of a home study conducted by a competent authority4 7#b7 ,meeting the #b-year periods for the purposes of filing an immediate relative petition on behalf of an adopted child ,if a child is granted parole under paragraph 7#a71 is subsequently adopted by the parties who sought parole1 and such parties seek permanent immigration status for the child under section #aja7;b77#a77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a77;,e77-- 7,a7 the #b-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child's country of origin or habitual residence or in the ,united ,states2 7,b7 the #b-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child1 in the child's country of origin or habitual residence or in the ,united ,states2 and 7,c7 the #b-year periods of joint residence and legal custody may accrue within or outside the ,united ,states4 7i7 ,rulemaking ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state and the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 shall issue regulations to carry out this section and the amendments made by this section4 ,,ii ,annual reporting #bja4 ,annual report on children living without families 7a7 ,in general ,not later than ,september #cj1 #bjad1 and annually thereafter1 the ,secretary of ,state1 in consultation with the ,director of the ,united ,states ,agency for ,international ,development and the ,secretary of ,state1 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-- 7#a7 identifies the number of children living without families2 and 7#b7 describes the degree to which the various family permanence solutions are being utilized4 7b7 ,content ,the report required under subsection 7a7 shall include-- 7#a7 a description of the world's unparented children1 including-- 7,a7 a description and quantitative analysis of the world's unparented children by country1 identifying the nationality of the children physically present in each country and distinguishing among children who are citizens of the country1 noncitizen children lawfully present in the country1 and noncitizen children unlawfully in the country1 irrespective of a child's particular immigration status2 and 7,b7 available data about such children broken into detailed categories and including-- 7i7 information on their nationality1 age1 gender1 and status2 7ii7 whether they have a living parent or parents and the status of those parents2 7iii7 whether the unparented children are considered abandoned1 separated1 relinquished1 or have some other status2 7iv7 whether they are institutionalized or homeless2 7v7 information on how they are documented1 including through birth registries1 orphanage registries1 ,united ,nations ,high ,commissioner for ,refugees registration1 or identity cards2 and 7vi7 an assessment of their living conditions based on indicators such as crude mortality rate1 malnutrition rate1 or other similar indicators2 7#b7 a review of the previous fiscal year's programming in support of appropriate1 protective1 and permanent family care solutions1 including project descriptions for each project by country1 goals of each project1 amount awarded for each project1 and evaluation of outcomes during the fiscal year2 7#c7 an action plan covering proposed programming and activities for the next fiscal year in support of family permanency solutions1 including goals for each country in which programming will occur1 proposed allocations of resources by country1 types of projects proposed by country1 amounts of awards proposed for each project1 and desired outcomes for each country2 7#d7 a review of trends over the last five years1 including changes in the numbers and locations of unparented children and the reasons for the changes1 such as new refugee arrivals1 growing numbers of children abandoned at birth1 and decreases in number of children in institutions2 7#e7 an overall analysis of highest priority situations of concern for unparented children1 including analysis of whether the children are in a location that provides a cooperative environment for assistance programming and intercountry adoptions2 7#f7 a description of how intercountry adoption and refugee resettlement for unparented refugee children has played a role in each country over the last #aj years and the current status of such programs1 including analysis of the situation with respect to the ,hague ,adoption ,convention and how the ,convention has affected intercountry adoptions from the country2 7#g7 aggregate reporting on intercountry adoptions to the ,united ,states1 distinguishing between ,convention adoptions and non-,convention adoptions and including-- 7,a7 the total number of intercountry adoptions involving immigration to the ,united ,states by year over the past #aj years and projected data for the next fiscal year1 distinguishing between ,convention and non-,convention adoptions1 including aggregate data on the country from which each child emigrated1 the ,state of residence of the adoptive parents1 and the country in which the adoption was finalized2 7,b7 the number of intercountry adoptions involving emigration from the ,united ,states1 regardless of whether the adoption occurred under the ,convention and distinguishing between ,convention and non-,convention adoptions1 including the country to which each child immigrated and the ,state from which each child emigrated2 7,c7 the average time required for completion of the immigration portion of intercountry adoptions1 distinguishing between ,convention and non-,convention adoptions1 calculated as the time between filing of the initial immigration-related adoption petition on behalf of a child and the approval of that child's immigrant visa2 and 7,d7 the range of adoption fees charged in connection with intercountry adoptions involving immigration to the ,united ,states and the median of such fees2 and 7#h7 such additional information as may be requested by members of the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7c7 ,consultations ,to the extent possible1 designated representatives of the ,president should meet with members of the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives not later than #b weeks before the ,secretary of ,state submits the report required under subsection 7a7 to discuss the information described in subsection 7b74 ,the substance of such consultations should be printed in the ,congressional ,record4 7d7 ,repeal ,section #ajd of the ,intercountry ,adoption ,act 7#db ,u4,s4,c4 #adiad7 is repealed4 #bjb4 ,country reports regarding severe forms of trafficking ,section #ejb;,b7h77#a77;,b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;h77#a77;,b77 is amended by adding at the end the following3 7x7 ,what steps the government of that country has taken to reduce the number of children living outside of family care4 7xi7 ,what steps the government of that country has taken to reduce the number of children abused1 neglected1 or exploited4 4 ,,iii ,promotion of a comprehensive approach for children in adversity #cja4 ,establishment of a ,,usaid ,center for ,excellence for ,children in ,adversity 7a7 ,center for ,excellence for ,children in ,adversity 7#a7 ,in general ,there is established within the ,united ,states ,agency for ,international ,development a ,center of ,excellence on ,children in ,adversity4 7#b7 ,coordinator ,the ,center for ,excellence shall be headed by the ,children in ,adversity ,coordinator1 who shall be appointed by the ,secretary of ,state1 in consultation with the ,administrator of the ,united ,states ,agency for ,international ,development4 7#c7 ,objectives ,the ,center of ,excellence on ,children in ,adversity shall work in consultation with the ,assistant ,secretary of the ,bureau of ,vulnerable ,children and ,family ,security of the ,department of ,state to promote greater ,united ,states ,government coherence and accountability for whole-of-government assistance to children in adversity and ensure that ,united ,states foreign assistance and development programs are focused on the following objectives3 7,a7 ,the sound development of children through the integration of health1 nutrition1 and family support4 7,b7 ,supporting and enabling families to care for children through family preservation1 reunification1 and support of kinship care1 guardianship1 and domestic and intercountry adoption4 7,c7 ,facilitating the efforts of national governments and partners to prevent1 respond to1 and protect children from violence1 exploitation1 abuse1 and neglect4 7#d7 ,authorities ,the ,children in ,adversity ,coordinator1 acting through nongovernmental organizations 7including faith-based and community-based organizations71 partner country finance1 health1 education1 social welfare1 and other ministries1 and relevant executive branch agencies1 is authorized to-- 7,a7 operate internationally to carry out the programs and activities outlined in the ,action ,plan for ,children in ,adversity2 7,b7 provide grants to1 and enter into contracts and cooperative agreements with1 nongovernmental organizations 7including faith-based organizations7 to carry out this section2 and 7,c7 transfer and allocate ,united ,states ,agency for ,international ,development funds that have been appropriated for the purposes described in subparagraphs 7,a7 and 7,b74 7#e7 ,functions ,in consultation with the ,assistant ,secretary of the ,bureau of ,children's ,affairs in the ,department of ,state1 the ,children in ,adversity ,coordinator shall1 through the ,center of ,excellence-- 7,a7 facilitate program and policy coordination related to the goals and objectives of the ,action ,plan for ,children in ,adversity among relevant executive branch agencies and nongovernmental organizations by auditing1 monitoring1 and evaluating such programs2 7,b7 ensure that each relevant executive branch agency undertakes responsibility for activities related primarily to those areas in which the agency has the greatest expertise1 technical capability1 and potential for success2 7,c7 coordinate relevant executive branch agency activities related to the ,action ,plan for ,children in ,adversity2 7,d7 establish due diligence criteria for all recipients of funds appropriated by the ,united ,states ,government for assistance to children in adversity2 and 7,e7 oversee the administration of the priority country demonstration program as described in subsection 7f74 7#f7 ,assistance ,the ,president is authorized to provide assistance1 including through international1 nongovernmental1 or faith-based organizations1 for programs in developing countries-- 7,a7 to increase the percentage of children achieving age-appropriate growth and developmental milestones2 7,b7 to increase the percentage of children under #e years of age demonstrating secure attachment with a primary caregiver2 7,c7 to integrate health1 nutrition1 developmental protections1 and caregiving support for vulnerable children and their families2 7,d7 to increase the percentage of children living within appropriate1 permanent1 safe1 and protective family care1 through family preservation and reunification1 and through kinship care1 guardianship1 and domestic and intercountry adoption1 and to reduce the percentage of children living in institutions2 7,e7 to increase the percentage of families providing adequate nutrition1 education opportunities1 care1 and protection for their children2 7,f7 to reduce the percentage of children who experience violence1 exploitation1 abuse1 and neglect2 7,g7 to increase the percentage of children who receive appropriate care and protection after experiencing violence1 exploitation1 abuse1 or neglect2 7,h7 to increase public awareness that violence1 exploitation1 abuse1 or neglect of children as unacceptable2 7,i7 to increase the percentage of countries that ratify and implement relevant conventions or formally adopt internationally recognized principles1 standards1 and procedural safeguards to protect children from violence1 exploitation1 abuse1 and neglect2 7,j7 to increase the percentage of children who have legal documentation and birth registration2 7,k7 to increase the number of laws1 policies1 and practices in partner states that promote and strengthen child welfare and protection at household1 community1 and national levels is increased2 7,l7 to increase national and local human resource capacity for child welfare and protection2 7,m7 to increase the number of national and community systems effectively monitoring child welfare and protection concerns1 programs1 and outcomes2 7,n7 to encourage and assist in the collection of data related to children outside of family care2 7,o7 to increase the number of prevalence studies that measure and track trends in children's exposure to violence1 exploitation1 abuse1 and neglect2 7,p7 to increase the number of published outcome_/impact evaluations on interventions to assist children outside of family care or minimize exposure to violence1 exploitation1 abuse1 and neglect that can be generalized to larger target groups2 7,q7 to increase the number of national governments and universities leading rigorous data collection1 research1 and monitoring and evaluation studies related to child welfare and protection2 and 7,r7 to increase the number of ,united ,states ,government-supported interventions for children in adversity designed using data from rigorous research methodologies4 7b7 ,monitoring and evaluation 7#a7 ,establishment of system ,to maximize the sustainable development impact of assistance authorized under this section1 and pursuant to the primary objective of the ,action ,plan for ,children in ,adversity1 the ,president shall establish a monitoring and evaluation system to measure the effectiveness of ,united ,states assistance to children in adversity4 7#b7 ,requirements ,the monitoring and evaluation system shall-- 7,a7 be aligned with the objectives and outcomes outlined by the ,action ,plan for ,children in ,adversity2 and 7,b7 provide a basis for recommendations for adjustments to the assistance provided under this part4 7c7 ,priority ,country ,demonstration ,program 7#a7 ,in general ,the ,administrator of the ,united ,states ,agency for ,international ,development1 in consultation with the ,secretary of ,state1 shall establish and carry out a priority country demonstration program implementing the ,action ,plan for ,children in ,adversity over a period of #e years in at least #f countries4 7#b7 ,purposes ,the purposes of the programs established under subparagraph 7#a7 shall be-- 7,a7 to demonstrate how research-based policies and programs to achieve the core objectives of the ,action ,plan for ,children in ,adversity can be successfully implemented on a national level2 7,b7 to establish model programs that1 once tested for efficacy1 will be available for replication on a global basis2 7,c7 to identify a comprehensive series of interventions which result in meeting the outcomes and objectives of the ,action ,plan for ,children in ,adversity2 and 7,d7 to determine which in-country factors advance or negate the successful achievement of the outcomes and objectives of the action plan4 7#c7 ,criteria for selection of countries ,the criteria for selection of countries shall include-- 7,a7 magnitude and severity of the problems to be addressed2 7,b7 partner country interest in participation in a comprehensive implementation of all #c goals of the ,action ,plan for ,children in ,adversity1 including1 with respect to the second objective 7,families ,first71 expressed willingness to support the full complement of permanence solutions 7including family preservation1 reunification1 kinship care1 guardianship1 and domestic and intercountry adoption71 and commitments to support and allow monitoring and evaluation1 as well as transparent reporting2 7,c7 potential to leverage bilateral1 multilateral1 and foundation investments2 7,d7 potential to leverage other ,united ,states development investments2 7,e7 regional diversity to maximize learning opportunities2 and 7,f7 level of economic development1 with a focus on low- and middle-income countries4 7d7 ,repeals 7#a7 ,assistance to orphans and other vulnerable children ,section #ace of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb;f7 is repealed4 7#b7 ,annual report ,section #e of the ,assistance for ,orphans and ,other ,vulnerable ,children in ,developing ,countries ,act of #bjje 7#bb ,u4,s4,c4 #baeb;g7 is hereby repealed4 ,,iv ,funding and effective dates #dja4 ,funding 7a7 ,prohibition on new appropriations ,no additional funds are authorized to be appropriated to carry out this ,act and the amendments made by this ,act4 ,this ,act and such amendments shall be carried out using amounts otherwise available for such purposes1 including unobligated balances of funds made available to carry out activities under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq474 7b7 ,limitations on use of funds 7#a7 ,united ,nations ,no funds obligated in accordance with this ,act may be awarded to the ,united ,nations or any of its subsidiaries4 7#b7 ,administrative expenses ,not more than two percent of the amounts described in subsection 7a7 may be used for administrative expenses4 7c7 ,focus of assistance ,assistance provided under this ,act-- 7#a7 shall focus primarily on promoting international child welfare1 as set forth in this ,act1 for all children in adversity2 and 7#b7 may be provided on such terms and conditions as the ,president determines appropriate4 #djb4 ,effective dates 7a7 ,effective upon enactment ,sections #ajd and #bjb and title ,,iii and ,,iv shall take effect on the date of the enactment of this ,act4 7b7 ,delayed effective date ,sections #aja1 #ajb1 #ajc1 and #bja shall take effect on the date that is #a year after the date of the enactment of this ,act4