,,ii #aaeth ,,congress #ast ,session ,s4 #aagh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah1 #bjag,mr4 ,blunt 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,wicker1 ,mr4 ,burr1 ,mr4 ,cochran1 ,mr4 ,inhofe1 ,mr4 ,cotton1 ,ms4 ,warren1 ,mr4 ,king1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to realign structures and reallocate resources in the ,federal ,government in keeping with the core belief that families are the best protection for children and the bedrock of any society to bolster ,united ,states diplomacy targeted at ensuring that every child can grow up in a permanent1 safe1 nurturing1 and loving family1 and to ensure that intercountry adoption to the ,united ,states 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 ,vulnerable ,children and ,families ,act of #bjag4 7b7 ,table of contents ,the table of contents 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 ,redesignation of ,office of ,children's ,issues as ,office of ,vulnerable ,children and ,family ,security4,,title ,,ii--,annual reporting,sec4 #bja4 ,annual report on implementation of action plan4,,title ,,iii--,promotion of a comprehensive approach for children in adversity,sec4 #cja4 ,,usaid obligations for coordinating with ,office of ,vulnerable ,children and ,family ,security4,,title ,,iv--,funding1 rule of construction1 and effective dates,sec4 #dja4 ,authorization of appropriations4,sec4 #djb4 ,rule of construction4,sec4 #djc4 ,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 should grow up in permanent1 safe1 and nurturing families in order to develop and thrive4 7#b7 ,science shows that children1 and particularly infants1 living in impersonal1 socially deprived institutions may suffer lasting1 and in many cases1 irreversible damage1 including-- 7,a7 reduced brain activity and brain size2 7,b7 lower intelligence quotients2 7,c7 serious behavioral and emotional problems2 and 7,d7 disturbed relationships 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 institutions2 but many governments lack the resources or infrastructure to adequately address this need4 7#d7 ,despite the 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 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 ,action ,plan on ,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 children and processing intercountry adoptions4 7#g7 ,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 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 authorizing a whole-of-government strategic approach to ensure coordination within and among the relevant ,federal agencies for 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 families through effective implementation of the three core and three supporting objectives of the ,action ,plan on ,children in ,adversity2 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 children2 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 children for ,convention adoptions and non-,convention adoptions to the maximum extent possible4 #c4 ,definitions ,in this ,act3 7#a7 ,action plan on children in adversity ,the term ,action ,plan on ,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 ,ambassador-at-large ,the term ,ambassador-at-,large means the individual appointed pursuant to section #aja7;b74 7#c7 ,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#d7 ,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#e7 ,children in adversity ,the term children in adversity means children and youth-- 7,a7 who are younger than #ah years of age2 7,b7 who live outside of family care2 and 7,c7 whose safety1 well-being1 growth1 and development are at significant risk due to inadequate care1 protection1 or access to essential services4 7#f7 ,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#g7 ,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#h7 ,guardianship 7,a7 ,in general ,the term guardianship means a permanent legal relationship between an adult and a child1 in which the adult is lawfully invested with the power1 and charged with the duty1 of taking care of the child4 7,b7 ,permanent guardianship ,while some forms of guardianship are not truly permanent1 the form of guardianship referred to and supported under this ,act is permanent guardianship4 7,c7 ,kefala order ,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,d7 ,family-like group homes ,individual parent-child relationships in a small1 family-like group home in which caretaking is provided only by one or more unpaid caretakers might1 in some circumstances1 qualify as a guardianship if legalized in that form4 7,e7 ,paid guardianship ,the term guardianship does not include a paid guardianship4 7#i7 ,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#aj7 ,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#aa7 ,institutional care ,the term institutional care means care provided in any nonfamily-based group setting1 including-- 7,a7 orphanages2 7,b7 transit or interim care centers2 7,c7 children's homes2 7,d7 children's villages or cottage complexes2 and 7,e7 boarding schools used primarily for care purposes as an alternative to a children's home4 7#ab7 ,kinship care ,the term kinship care-- 7,a7 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 if such persons have the capacity and commitment to function as true parents for the child on a permanent basis2 and 7,b7 does not include paid kinship foster care4 7#ac7 ,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#ad7 ,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#ae7 ,special ,advisor ,the term ,special ,advisor means the ,special ,advisor for ,assistance to ,orphans and ,vulnerable ,children appointed pursuant to section #ace7;e7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb;f7e771 who is also referred to as the ,senior coordinator for the ,,usaid ,administrator on ,children in ,adversity and who leads the ,center of ,excellence for ,children in ,adversity4 7#af7 ,unparented children ,the term unparented children means children lacking the legally recognized1 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 elsewhere4 ,i ,realignment of certain international child welfare responsibilities and functions #aja4 ,redesignation of ,office of ,children's ,issues as ,office of ,vulnerable ,children and ,family ,security 7a7 ,redesignation ,the ,office of ,children's ,issues of the ,department of ,state is hereby redesignated as the ,office of ,vulnerable ,children and ,family ,security 7referred to in this ,act as the ,,vcfs74 7b7 ,appointment of ,ambassador-at-,large ,the ,president1 acting through the ,secretary1 shall appoint an ,ambassador-at-,large to promote and support the following activities3 7#a7 ,oversight of the ,office of ,vulnerable ,children and ,family ,security4 7#b7 ,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 on ,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 7,c7 facilitating the efforts of national governments and partners to prevent1 respond to1 and protect children from violence1 exploitation1 abuse1 and neglect2 7,d7 supporting partners to build and strengthen holistic and integrated models to promote the best interests of the child2 7,e7 building and maintaining strong evidence base on which future activities to reach and assist the most vulnerable children can be effectively planned and implemented2 and 7,f7 integrating this plan with ,united ,states ,government departments and agencies4 7#c7 ,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 leading the development and implementation of policies that will ensure the timely provision of appropriate1 protective1 and permanent family care for children living without families through the full continuum of permanence solutions1 including family preservation and reunification1 kinship care1 guardianship1 and domestic and intercountry adoption4 7c7 ,qualifications of ,ambassador-at-,large ,the ,ambassador-at-,large 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 on ,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-- 7,a7 early childhood survival and development2 7,b7 family permanence2 and 7,c7 protection from abuse and exploitation4 7d7 ,functions 7#a7 ,advisory ,the ,ambassador-at-,large 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 ,administrator of the ,united ,states ,agency for ,international ,development and the ,secretary of ,homeland ,security1 the ,ambassador-at-,large 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 seq474 7#c7 ,policy development with respect to permanence for unparented children 7,a7 ,in general ,the ,ambassador-at-,large 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 care2 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 ,advocate for concurrent planning 7i7 ,in general ,in developing policies and programs under this ,act1 the ,ambassador-at-,large shall advocate that 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 the child's well-being1 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 providing appropriate1 protective1 and permanent care is not quickly available1 and such an international home is available1 encourage policies that allow the child to be placed in an international home without delay4 7ii7 ,interim placements ,nothing in this subsection may be construed to preclude interim placements1 including in kinship care1 foster care1 and small group homes1 to temporarily improve children's living conditions in individual circumstances in which-- 7,i7 a permanent solution is not immediately available if ongoing efforts are made to move the child from interim to permanent placement as soon as possible2 and 7,,ii7 the child's best interests will be served4 7iii7 ,exceptions ,exceptions to the general rule set forth in clauses 7i7 and 7ii7 may be made1 as needed in individual cases1 to serve the child's best interests1 including the following3 7,i7 ,permanent guardianship may be preferable to adoption in certain cases where the child has developed a powerful bond to a loving guardian who prefers not to adopt because of the child's ties to birth parents who love the child1 but are not in a position to provide appropriate nurturing4 7,,ii7 ,options generally viewed as interim solutions1 such as foster care and small group homes1 may be preferable to family reunification when the parents are not in a position to provide appropriate nurturing4 7,,iii7 ,for children with disabilities1 solutions to prevent institutionalization and to assist with reintegration into the community from institutions1 include payment and support to families1 substitute families1 small group homes1 or kinship care4 7,c7 ,best practices ,in developing policies and programs under this ,act1 the ,ambassador-at-,large 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,d7 ,technical assistance ,the ,ambassador-at-,large1 in consultation with other appropriate ,federal agencies1 shall provide technical assistance to governments of foreign countries to help build their child welfare capacities1 particularly pertaining to family-based permanence4 ,such assistance should aim to strengthen 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 drafting1 disseminating1 and implementing legislation2 7ii7 developing implementing systems and procedures2 7iii7 establishing public1 private1 and faith- and community-based partnerships2 7iv7 developing 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 ,office 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#e7 ,policy coordination ,the ,ambassador-at-,large 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 countries4 7#f7 ,information coordination ,the ,ambassador-at-,large 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 ,,ii ,annual reporting #bja4 ,annual report on implementation of action plan ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,ambassador-at-,large1 in coordination with the ,special ,advisor1 shall submit to ,congress a report on implementation of the ,action ,plan on ,children in ,adversity1 including the technical assistance provided under section #aja7;d77#c77;,d74 ,,iii ,promotion of a comprehensive approach for children in adversity #cja4 ,,usaid obligations for coordinating with ,office of ,vulnerable ,children and ,family ,security 7a7 ,objectives ,the ,special ,advisor shall work in consultation with the ,ambassador-at-,large 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-- 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 7#c7 facilitating the efforts of national governments and partners to prevent1 respond to1 and protect children from violence1 exploitation1 abuse1 and neglect2 7#d7 supporting partners to build and strengthen holistic and integrated child welfare and protection systems to promote the best interests of the child2 7#e7 building and maintaining a strong evidence base on which future activities to reach and assist the most vulnerable children can be effectively planned and implemented2 and 7#f7 integrating the objectives set forth in paragraphs 7#a7 through 7#e7 with ,federal departments and agencies4 7b7 ,approach ,the ,special ,advisor shall ensure that efforts to assist children in adversity through the ,action ,plan on ,children in ,adversity are coordinated with the efforts by the ,ambassador-at-,large in implementing its adoption strategy in priority countries4 7c7 ,repeal ,section #ace of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb;f7 is repealed4 ,,iv ,funding1 rule of construction1 and effective dates #dja4 ,authorization of appropriations 7a7 ,prohibition on new appropriations 7#a7 ,in general ,nothing in this ,act may be construed as authorizing additional funds to be appropriated to carry out this ,act or any amendments made by this ,act4 7#b7 ,use of existing funds ,this ,act1 and the amendments made by this ,act1 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 ,segregated services ,no funds obligated in accordance with this ,act may be awarded for building1 renovating1 or refurbishing residential facilities that segregate children with disabilities from society4 ,the limitation under this paragraph does not prohibit funding for small1 community-based group homes that house up to six children4 7#b7 ,administrative expenses ,not more than two percent of the amounts described in subsection 7a77#b7 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 ,rule of construction ,nothing in this ,act shall be construed as precluding the provision of stipends or subsidies to those caring for children with disabilities4 #djc4 ,effective dates 7a7 ,effective upon enactment ,sections #ajd and #bja and titles ,,iii and ,,iv shall take effect on the date of the enactment of this ,act4 7b7 ,delayed effective date ,sections #aja1 #ajb1 and #ajc shall take effect on the date that is #a year after the date of the enactment of this ,act4