,,ii #aagth ,,congress #ast ,session ,s4 #cbhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #cj1 #bjba,mr4 ,blunt 7for himself and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to establish the ,office of ,children in ,family ,security and an ,ambassador at ,large for ,children in ,family ,security1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,children in ,family ,security ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,,title ,i--,office of ,children in ,family ,security and ,ambassador at ,large for ,children in ,family ,security,sec4 #aja4 ,office of ,children in ,family ,security4,sec4 #ajb4 ,ambassador at ,large for ,children in ,family ,security4,sec4 #ajc4 ,amendments to the ,intercountry ,adoption ,act of #bjjj4,sec4 #ajd4 ,amendment to the ,immigration and ,nationality ,act4,,title ,,ii--,supporting children in adversity,sec4 #bja4 ,special ,advisor for ,children in ,adversity4,sec4 #bjb4 ,coordination with the ,office of ,children in ,family ,security4,,title ,,iii--,funding2 rules of construction2 effective date,sec4 #cja4 ,funding4,sec4 #cjb4 ,rules of construction4,sec4 #cjc4 ,effective date of title ,i4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states ,government should be a source of support and encouragement for foreign child welfare systems interested in transitioning from institutional care to family care1 according to the best interests of the child living without1 or at risk of living without1 family care2 7#b7 a foreign child welfare system that reflects the best interests of a child living without1 or at risk of living without1 family care should-- 7,a7 while keeping siblings together whenever possible-- 7i7 prioritize family preservation or reunification2 7ii7 when family preservation or reunification is not possible1 ensure the timely provision of adoption or guardianship2 and 7iii7 use interim placement of foster care or kinship care if-- 7,i7 such placement is immediately available2 and 7,,ii7 there are ongoing efforts to transition the child to the other forms of family care described in clauses 7i7 and 7ii72 7,b7 provide assistance for children with disabilities1 who are disproportionately institutionalized1 including-- 7i7 payment and support to adults providing family care2 and 7ii7 any other available assistance that promotes the welfare of such children2 and 7,c7 7i7 not rely on institutional care2 or 7ii7 if institutional care is currently relied upon1 work to transition children to family care2 7#c7 children should grow up with permanent1 safe1 and nurturing families2 7#d7 many children do not have such families2 7#e7 institutional care-- 7,a7 is used throughout the world to assist the millions of children who are without family care1 but such care does not reflect the best interests of such children2 and 7,b7 presents the risk of neurological and psychological harm to children1 especially infants and children with disabilities2 7#f7 there are children living in institutional care who have at least #a living parent who would otherwise take care of them if the parent could meet the needs of such children2 7#g7 some foreign governments lack the resources or infrastructure to adequately develop a child welfare system that reflects the best interests of children living without family care and children at risk of living without family care2 7#h7 the ,united ,states can assist children around the world who are living without family care or who are at risk of living without family care by advocating for and providing technical assistance related to the implementation of laws1 regulations1 policies1 and procedures that-- 7,a7 reflect the best interests of such children in a child welfare system of a foreign government2 and 7,b7 ensure that intercountry adoption is a viable and fully developed option2 and 7#i7 the implementation of ,united ,states foreign policy can be enhanced by providing the assistance described in paragraph 7#h7 when-- 7,a7 such assistance serves the foreign policy interests of the ,united ,states2 and 7,b7 a foreign government lacking the resources or infrastructure described in paragraph 7#g7 seeks such assistance from the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,adoption ,the term adoption means-- 7,a7 adoptions within the ,united ,states2 and 7,b7 intercountry adoptions4 7#b7 ,ambassador ,the term ,ambassador means the ,ambassador at ,large for ,children in ,family ,security established under section #ajb7;a7 of this ,act4 7#c7 ,central authority ,the term central authority has the meaning given such term in section #c of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adijb74 7#d7 ,child welfare system ,the term child welfare system means a group of services designed to promote the well-being of children by ensuring safety1 achieving permanency1 and strengthening families4 7#e7 ,children in adversity ,the term children in adversity means individuals who-- 7,a7 have not attained #ah years of age2 and 7,b7 are experiencing conditions of serious deprivation and danger1 including individuals who are-- 7i7 living without1 or at risk of living without1 family care2 7ii7 experiencing violence2 7iii7 affected by1 or emerging from1 armed conflict or humanitarian crises2 7iv7 living with disabilities2 7v7 orphans2 or 7vi7 otherwise vulnerable1 including because of human immunodeficiency virus and acquired immunodeficiency syndrome 7commonly known as ,,hiv_/,,aids71 acute illness1 or premature birth4 7#f7 ,convention country ,the term ,convention country means a country that is a party to the ,hague ,adoption ,convention4 7#g7 ,family care ,the term family care refers to adoption1 family preservation1 reunification1 foster care1 guardianship1 or kinship care4 7#h7 ,family-like group home ,the term family-like group home means an arrangement in which a child is placed in a home-- 7,a7 that houses a limited number of children2 and 7,b7 in which personalized caretaking is provided only by one or more caregivers4 7#i7 ,family preservation ,the term family preservation means measures taken to keep a child within the care of his or her parent or parents4 7#aj7 ,foster care ,the term foster care means an arrangement in which a child is placed with at least #a adult-- 7,a7 who is not a relative2 7,b7 with whom the child does not have an emotionally significant relationship2 and 7,c7 who has been authorized by a child welfare system to provide full-time care for the child on a temporary basis4 7#aa7 ,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 vested with the power and charged with the duty of taking care of the child4 7,b7 ,kinship care2 kefala order ,the terms ,kefala order1 which is issued by a country that follows traditional ,islamic law1 and kinship care include relationships that may not qualify as permanent legal relationships under ,united ,states law1 but may be considered forms of guardianship if such relationships are considered appropriate under the circumstances of a foreign child welfare system4 7#ab7 ,hague adoption convention ,the term ,hague ,adoption ,convention means the ,convention on ,protection of ,children and ,co-operation in ,respect of ,intercountry ,adoption1 done at ,the ,hague ,may #bi1 #aiic4 7#ac7 ,institutional care ,the term institutional care means care for children provided in a public or private residential setting that is-- 7,a7 not family care2 7,b7 staffed by salaried or volunteer caregivers working pre-determined hours or shifts2 and 7,c7 a collective living arrangement1 including-- 7i7 orphanages2 7ii7 places of safety or transit centers for emergency care used primarily as an alternative to family care2 7iii7 children's homes2 7iv7 children's villages or cottage complexes2 and 7v7 boarding schools or hospitals used primarily as an alternative to family care4 7#ad7 ,interim placement ,the term interim placement means foster care or kinship care4 7#ae7 ,kinship care ,the term kinship care means an arrangement in which a child is placed with at least #a adult who-- 7,a7 is a relative1 a member of a ,tribe or clan1 or related by marriage1 or has an emotionally significant relationship with the child2 and 7,b7 has been authorized by a child welfare system to provide full-time care for the child on a temporary basis4 7#af7 ,office ,the term ,office means the ,office of ,children in ,family ,security established under section #aja7;a7 of this ,act4 7#ag7 ,reunification ,the term reunification means the transition of a child1 after being separated from parental care1 into the care or custody of the parent or parents of such child1 including the provision of access to appropriate services and support that follows reunification and addresses the reason for the initial separation4 7#ah7 ,special advisor ,the term ,special ,advisor means the ,special ,advisor for ,children in ,adversity appointed pursuant to section #ace7;e7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb;f7e771 as amended by section #bja7d74 ,i ,office of ,children in ,family ,security and ,ambassador at ,large for ,children in ,family ,security #aja4 ,office of ,children in ,family ,security 7a7 ,establishment ,there is established1 within the ,office of the ,secretary of ,state1 the ,office of ,children in ,family ,security4 7b7 ,responsibilities 7#a7 ,eligibility to participate in intercountry adoptions 7,a7 ,in general ,the ,director1 in consultation with other offices of the ,department of ,state and the ,department of ,homeland ,security1 shall determine1 based on standardized criteria1 whether-- 7i7 a ,convention country has met its obligations under the ,hague ,adoption ,convention2 and 7ii7 such country is eligible to participate in intercountry adoptions in accordance with ,united ,states law4 7,b7 ,notice ,not later than #cj days before the effective date of a determination under subparagraph 7,a71 except as otherwise provided by the ,office for good cause found and published with the determination1 the ,director shall publish a general notice in the ,federal ,register of such determination1 which shall include-- 7i7 a statement of the time1 place1 and nature of the determination2 7ii7 a reference to the specific legal authority under which the determination is made2 and 7iii7 the terms or substance of the determination or a description of the subjects and issues involved in making the determination4 7,c7 ,public comment ,after each notice is published in accordance with subparagraph 7,b71 the public shall have an opportunity to submit written data1 views1 or arguments1 with or without opportunity for oral presentation1 regarding the determination that was the subject of such notice4 7,d7 ,general statement ,after considering the data1 views1 and arguments submitted in accordance with subparagraph 7,c71 the ,director shall incorporate in the determination a concise general statement of the basis and purpose of such determination4 7#b7 ,development of procedures and criteria ,the ,director1 in coordination with ,u4,s4 ,citizenship and ,immigration ,services1 shall develop a set of procedures and criteria that-- 7,a7 governs suitability and eligibility determinations for prospective adoptive parents seeking to adopt internationally1 regardless of whether the child to be adopted is from a ,convention country2 7,b7 governs the determination of eligibility of a child for adoption1 regardless of whether such child is from a ,convention country2 and 7,c7 is consistent with the best interests of the child determination described in section #cjc7;a77#a77;,c7 of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adicb7;a77#a77;,c774 7#c7 ,divisions ,there is established within the ,office-- 7,a7 a division for executing oversight responsibilities of the ,hague ,adoption ,convention1 including the obligations of-- 7i7 the ,ambassador at ,large for ,children in ,family ,security 7referred to in this paragraph as the ,ambassador72 and 7ii7 the ,office of ,children's ,issues of the ,department of ,state2 7,b7 a division for executing bilateral responsibilities of the ,hague ,adoption ,convention1 including-- 7i7 executing the obligations of the ,ambassador and the ,office described in titles ,i1 ,,iii1 ,,iv1 and ,v of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adija et seq471 as amended by this ,act1 except for the obligations expressly assigned to the ,ambassador under section #ajb7;c77#c77;,c7 of this ,act2 7ii7 transmitting any intercountry adoption-related case information received from the central authority of another ,convention country to the ,secretary of ,homeland ,security1 upon the request of the ,secretary of ,homeland ,security2 and 7iii7 transmitting any intercountry adoption-related case information requested by the ,secretary of ,homeland ,security to the central authority of another ,convention country2 and 7,c7 a division for promoting best practices for foreign child welfare systems1 which shall advise foreign child welfare systems1 on such terms and conditions as the ,ambassador deems appropriate1 regarding-- 7i7 drafting1 disseminating1 and implementing legislation1 regulations1 policies1 procedures1 and other governmental measures2 7ii7 establishing public1 private1 and faith- and community-based partnerships2 7iii7 developing workforce training for governmental and nongovernmental staff2 and 7iv7 identifying and documenting the number and needs of children who are living without1 or are at risk of living without1 family care4 7c7 ,director 7#a7 ,in general ,the ,office shall be headed by a ,director who shall be appointed by the ,secretary of ,state4 7#b7 ,qualifications for appointment ,the ,director shall have-- 7,a7 a strong professional background in consular affairs2 7,b7 personal experience in international adoptions2 or 7,c7 professional experience in international adoptions or child services4 7#c7 ,responsibilities ,the ,director shall-- 7,a7 oversee the ,office and its divisions2 and 7,b7 ensure long-term continuity in the management and policy matters of the ,office4 7d7 ,records ,not later than #a year after the date of establishment of the ,office1 and annually thereafter1 the ,director shall submit to ,congress1 with any other relevant annual report mandated by law-- 7#a7 a description of the implementation of subsection 7b77#c77;,c72 7#b7 a record of the date of consultation and the agency consulted pursuant to subsection 7b77#a77;,a72 7#c7 a record of the date of consultation or coordination and the agency with which the ,office consulted or coordinated pursuant to section #ajb7;c77#c72 and 7#d7 a record of the date of coordination and the agency with which the ,office coordinated pursuant to section #ajb7;c77#d74 #ajb4 ,ambassador at ,large for ,children in ,family ,security 7a7 ,establishment ,there is established1 within the ,office of the ,secretary of ,state1 an ,ambassador at ,large for ,children in ,family ,security1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,qualifications ,the ,ambassador shall-- 7#a7 have experience in advocating in foreign countries for the development and implementation of laws1 regulations1 policies1 and procedures that reflect the policy described in section #b2 and 7#b7 be knowledgeable of1 and committed to1 promoting the policy described in section #b4 7c7 ,responsibilities ,the ,ambassador shall-- 7#a7 advocate for laws1 regulations1 policies1 and procedures that reflect the policy described in section #b2 7#b7 report directly to the ,secretary of ,state and serve as a primary advisor to the ,president in all matters relevant to children in foreign countries who are living without family care or are at risk of living without family care2 7#c7 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 ,development1 the ,secretary of ,homeland ,security1 and the ,special ,advisor1 represent the ,united ,states in matters relevant to children in foreign countries who are living without1 or are at risk of living without1 family care-- 7,a7 in contacts with foreign governments1 nongovernmental organizations1 intergovernmental agencies1 specialized agencies of the ,united ,nations1 and other international organizations of which the ,united ,states is a member2 and 7,b7 in multilateral conferences and meetings2 and 7#d7 coordinate with the ,secretary of ,homeland ,security1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the ,special ,advisor to maintain consistency in ,united ,states foreign policy and operations with respect to children in foreign countries who are living without1 or are at risk of living without1 family care4 #ajc4 ,amendments to the ,intercountry ,adoption ,act of #bjjj ,the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adija et seq47 is amended-- 7#a7 in section #c 7#db ,u4,s4,c4 #adijb7-- 7,a7 by amending paragraph 7#af7 to read as follows3 7#af7 ,ambassador ,the term ,ambassador means the ,ambassador at ,large for ,children in ,family ,security established under section #ajb of the ,children in ,families ,act of #bjba4 2 7,b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7,c7 by inserting after paragraph 7#af7 the following3 7#ag7 ,office ,the term ,office means the ,office of ,children in ,family ,security established under section #aja of the ,children in ,families ,act of #bjba4 2 7#b7 by amending section #aja 7#db ,u4,s4,c4 #adiaa7 to read as follows3 #aja4 ,designation of central authority 7a7 ,in general ,for purposes of the ,convention and this ,act-- 7#a7 the ,office shall serve as the central authority of the ,united ,states2 and 7#b7 the ,ambassador shall serve as the head of the central authority of the ,united ,states4 7b7 ,performance of central authority functions ,except as otherwise provided in this ,act1 the ,office shall be responsible for the performance of all central authority functions for the ,united ,states under the ,convention and this ,act4 7c7 ,qualifications for ,office personnel ,all personnel of the ,office performing central authority functions shall have-- 7#a7 a strong background in consular affairs2 7#b7 personal experience in international adoptions2 or 7#c7 professional experience in international adoptions or child services4 7d7 ,authority of ,ambassador ,except as otherwise provided in this ,act1 the ,ambassador may prescribe such regulations as may be necessary to carry out central authority functions on behalf of the ,united ,states4 2 7#c7 in sections #ajb1 #ajd1 #bjb1 #bjc1 #bjd1 #cjc1 #dja1 #djc1 and #ejc1 by striking ,secretary in each place such term appears and inserting ,ambassador2 7#d7 in section #bjd 7#db ,u4,s4,c4 #adibd7-- 7,a7 in the section heading1 by striking ,secretarial oversight of accreditation and approval and inserting ,oversight of accreditation and approval2 7,b7 in subsection 7b77#a71 in the paragraph heading1 by striking ,secretary's authority and inserting ,authority2 7,c7 in subsection 7c77#a71 in the paragraph heading1 by striking ,secretary's authority and inserting ,authority2 and 7,d7 in subsection 7c77#b71 by striking ,secretary's debarment and inserting debarment2 7#e7 in section #cja 7#db ,u4,s4,c4 #adica7-- 7,a7 in subsection 7a77#a7-- 7i7 by striking 1 if the ,secretary of ,state-- and inserting if the ,office--2 and 7ii7 in subparagraph 7,b7 by striking ,act and inserting chapter2 and 7,b7 in subsections 7b7 and 7c71 by striking the ,secretary of ,state in each place such term appears and inserting the ,ambassador2 7#f7 in section #cjc 7#db ,u4,s4,c4 #adicc71 by striking the ,secretary of ,state in each place such term appears and inserting the ,ambassador2 and 7#g7 in section #djc 7#db ,u4,s4,c4 #adidc71 by amending subsection 7b77#c7 to read as follows3 7b7 ,assessment of ,fees 7#a7 ,in general ,the ,ambassador may charge a fee for new or enhanced services that will be undertaken by the ,office to meet the requirements of this ,act with respect to-- 7,a7 intercountry adoptions under the ,convention2 and 7,b7 comparable services with respect to other intercountry adoptions4 7#b7 ,fees ,any fee charged in accordance with paragraph 7#a7-- 7,a7 shall be prescribed by regulation and shall not exceed the cost of such services2 and 7,b7 shall be retained and deposited as an offsetting collection to any appropriation for the ,office to recover the costs of providing such services4 4 #ajd4 ,amendment to the ,immigration and ,nationality ,act ,section #bjd7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;d77#b77 is amended by striking ,secretary of ,state and inserting ,ambassador at ,large for ,children in ,family ,security4 ,,ii ,supporting children in adversity #bja4 ,special ,advisor for ,children in ,adversity ,section #ace of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb;f7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,children in adversity ,the term children in adversity means children who are experiencing conditions of serious deprivation and danger1 including children who are-- 7,a7 living without1 or at risk of living without1 family care2 7,b7 experiencing violence2 7,c7 affected by1 or emerging from1 armed conflict or humanitarian crises2 7,d7 living with disabilities2 7,e7 orphans2 or 7,f7 otherwise vulnerable1 including because of ,,hiv_/,,aids1 acute illness1 or premature birth4 2 7#b7 in subsection 7c7-- 7,a7 by striking orphans and other vulnerable children each place such phrase appears and inserting children in adversity2 and 7,b7 in paragraph 7#e71 by striking orphans1 other vulnerable children1 and inserting children in adversity2 7#c7 in subsection 7d77#a71 by striking orphans and other vulnerable children4 and inserting children in adversity42 and 7#d7 in subsection 7e7-- 7,a7 in the subsection heading1 by striking ,special ,advisor for ,assistance to ,orphans and ,vulnerable ,children and inserting ,special ,advisor for ,children in ,adversity2 7,b7 in paragraphs 7#a7 and 7#b71 by striking ,special ,advisor for ,assistance to ,orphans and ,vulnerable ,children each place such phrase appears and inserting ,special ,advisor for ,children in ,adversity2 and 7,c7 in paragraph 7#b71 by striking orphans and other vulnerable children each place such phrase appears and inserting children in adversity4 #bjb4 ,coordination with the ,office of ,children in ,family ,security ,section #acg7;a77#d77;,a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baebk7a77#d77;,a77 is amended by inserting 1 including the ,office of ,children in ,family ,security before the semicolon4 ,,iii ,funding2 rules of construction2 effective date #cja4 ,funding 7a7 ,in general ,this ,act1 and the amendments made by this ,act1 shall be carried out using appropriations authorized under section #djc of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adidc7 and using amounts otherwise available for the purposes of this ,act1 including unobligated balances of funds appropriated to carry out activities under the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq474 ,nothing in this ,act may be construed as prohibiting the appropriation of funds to carry out this ,act or any amendments made by this ,act4 7b7 ,limitations on use of funds ,no funds obligated or appropriated in accordance with this ,act may be provided for advocating for building1 renovating1 or refurbishing residential facilities that provide institutional care or family-like group homes4 #cjb4 ,rules of construction ,nothing in this ,act may be construed-- 7#a7 to preclude advocacy for the provision of funds obligated or appropriations for in-kind assistance1 stipends1 or subsidies for the care of children in adversity1 children with disabilities1 or other children requiring increased levels of care1 including children with chronic antisocial behavior1 emotional disturbance1 and delinquency2 7#b7 to be related to locations such as correctional facilities to the extent that the situation of the children concerned1 the deprivation of liberty consequent to alleged or proven violation of the law1 is covered by juvenile justice standards2 7#c7 to abrogate or amend the meaning of residential care as defined in section #acg7;a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baebk72 or 7#d7 to be related to any provision of ,federal law or regulation regarding international abduction in effect at the date of the enactment of this ,act4 #cjc4 ,effective date of title ,i ,title ,i and the amendments made by title ,i take effect on the date that is #a year after the date of the enactment of this ,act4