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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3280 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3280

     To establish the Office of Children in Family Security and an 
  Ambassador at Large for Children in Family Security, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2021

  Mr. Blunt (for himself and Ms. Klobuchar) introduced the following 
  bill; 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 Security, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children in Family 
Security Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I--OFFICE OF CHILDREN IN FAMILY SECURITY AND AMBASSADOR AT LARGE 
                    FOR CHILDREN IN FAMILY SECURITY

Sec. 101. Office of Children in Family Security.
Sec. 102. Ambassador at Large for Children in Family Security.
Sec. 103. Amendments to the Intercountry Adoption Act of 2000.
Sec. 104. Amendment to the Immigration and Nationality Act.
               TITLE II--SUPPORTING CHILDREN IN ADVERSITY

Sec. 201. Special Advisor for Children in Adversity.
Sec. 202. Coordination with the Office of Children in Family Security.
       TITLE III--FUNDING; RULES OF CONSTRUCTION; EFFECTIVE DATE

Sec. 301. Funding.
Sec. 302. Rules of construction.
Sec. 303. Effective date of title I.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) 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 
        care, according to the best interests of the child living 
        without, or at risk of living without, family care;
            (2) a foreign child welfare system that reflects the best 
        interests of a child living without, or at risk of living 
        without, family care should--
                    (A) while keeping siblings together whenever 
                possible--
                            (i) prioritize family preservation or 
                        reunification;
                            (ii) when family preservation or 
                        reunification is not possible, ensure the 
                        timely provision of adoption or guardianship; 
                        and
                            (iii) use interim placement of foster care 
                        or kinship care if--
                                    (I) such placement is immediately 
                                available; and
                                    (II) there are ongoing efforts to 
                                transition the child to the other forms 
                                of family care described in clauses (i) 
                                and (ii);
                    (B) provide assistance for children with 
                disabilities, who are disproportionately 
                institutionalized, including--
                            (i) payment and support to adults providing 
                        family care; and
                            (ii) any other available assistance that 
                        promotes the welfare of such children; and
                    (C)(i) not rely on institutional care; or
                    (ii) if institutional care is currently relied 
                upon, work to transition children to family care;
            (3) children should grow up with permanent, safe, and 
        nurturing families;
            (4) many children do not have such families;
            (5) institutional care--
                    (A) is used throughout the world to assist the 
                millions of children who are without family care, but 
                such care does not reflect the best interests of such 
                children; and
                    (B) presents the risk of neurological and 
                psychological harm to children, especially infants and 
                children with disabilities;
            (6) there are children living in institutional care who 
        have at least 1 living parent who would otherwise take care of 
        them if the parent could meet the needs of such children;
            (7) 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 care;
            (8) 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 laws, regulations, 
        policies, and procedures that--
                    (A) reflect the best interests of such children in 
                a child welfare system of a foreign government; and
                    (B) ensure that intercountry adoption is a viable 
                and fully developed option; and
            (9) the implementation of United States foreign policy can 
        be enhanced by providing the assistance described in paragraph 
        (8) when--
                    (A) such assistance serves the foreign policy 
                interests of the United States; and
                    (B) a foreign government lacking the resources or 
                infrastructure described in paragraph (7) seeks such 
                assistance from the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adoption.--The term ``adoption'' means--
                    (A) adoptions within the United States; and
                    (B) intercountry adoptions.
            (2) Ambassador.--The term ``Ambassador'' means the 
        Ambassador at Large for Children in Family Security established 
        under section 102(a) of this Act.
            (3) Central authority.--The term ``central authority'' has 
        the meaning given such term in section 3 of the Intercountry 
        Adoption Act of 2000 (42 U.S.C. 14902).
            (4) Child welfare system.--The term ``child welfare 
        system'' means a group of services designed to promote the 
        well-being of children by ensuring safety, achieving 
        permanency, and strengthening families.
            (5) Children in adversity.--The term ``children in 
        adversity'' means individuals who--
                    (A) have not attained 18 years of age; and
                    (B) are experiencing conditions of serious 
                deprivation and danger, including individuals who are--
                            (i) living without, or at risk of living 
                        without, family care;
                            (ii) experiencing violence;
                            (iii) affected by, or emerging from, armed 
                        conflict or humanitarian crises;
                            (iv) living with disabilities;
                            (v) orphans; or
                            (vi) otherwise vulnerable, including 
                        because of human immunodeficiency virus and 
                        acquired immunodeficiency syndrome (commonly 
                        known as ``HIV/AIDS''), acute illness, or 
                        premature birth.
            (6) Convention country.--The term ``Convention country'' 
        means a country that is a party to the Hague Adoption 
        Convention.
            (7) Family care.--The term ``family care'' refers to 
        adoption, family preservation, reunification, foster care, 
        guardianship, or kinship care.
            (8) Family-like group home.--The term ``family-like group 
        home'' means an arrangement in which a child is placed in a 
        home--
                    (A) that houses a limited number of children; and
                    (B) in which personalized caretaking is provided 
                only by one or more caregivers.
            (9) Family preservation.--The term ``family preservation'' 
        means measures taken to keep a child within the care of his or 
        her parent or parents.
            (10) Foster care.--The term ``foster care'' means an 
        arrangement in which a child is placed with at least 1 adult--
                    (A) who is not a relative;
                    (B) with whom the child does not have an 
                emotionally significant relationship; and
                    (C) who has been authorized by a child welfare 
                system to provide full-time care for the child on a 
                temporary basis.
            (11) Guardianship.--
                    (A) In general.--The term ``guardianship'' means a 
                permanent legal relationship between an adult and a 
                child, in which the adult is lawfully vested with the 
                power and charged with the duty of taking care of the 
                child.
                    (B) Kinship care; kefala order.--The terms ``Kefala 
                order'', which is issued by a country that follows 
                traditional Islamic law, and ``kinship care'' include 
                relationships that may not qualify as permanent legal 
                relationships under United States law, but may be 
                considered forms of guardianship if such relationships 
                are considered appropriate under the circumstances of a 
                foreign child welfare system.
            (12) Hague adoption convention.--The term ``Hague Adoption 
        Convention'' means the Convention on Protection of Children and 
        Co-operation in Respect of Intercountry Adoption, done at The 
        Hague May 29, 1993.
            (13) Institutional care.--The term ``institutional care'' 
        means care for children provided in a public or private 
        residential setting that is--
                    (A) not family care;
                    (B) staffed by salaried or volunteer caregivers 
                working pre-determined hours or shifts; and
                    (C) a collective living arrangement, including--
                            (i) orphanages;
                            (ii) places of safety or transit centers 
                        for emergency care used primarily as an 
                        alternative to family care;
                            (iii) children's homes;
                            (iv) children's villages or cottage 
                        complexes; and
                            (v) boarding schools or hospitals used 
                        primarily as an alternative to family care.
            (14) Interim placement.--The term ``interim placement'' 
        means foster care or kinship care.
            (15) Kinship care.--The term ``kinship care'' means an 
        arrangement in which a child is placed with at least 1 adult 
        who--
                    (A) is a relative, a member of a Tribe or clan, or 
                related by marriage, or has an emotionally significant 
                relationship with the child; and
                    (B) has been authorized by a child welfare system 
                to provide full-time care for the child on a temporary 
                basis.
            (16) Office.--The term ``Office'' means the Office of 
        Children in Family Security established under section 101(a) of 
        this Act.
            (17) Reunification.--The term ``reunification'' means the 
        transition of a child, after being separated from parental 
        care, into the care or custody of the parent or parents of such 
        child, including the provision of access to appropriate 
        services and support that follows reunification and addresses 
        the reason for the initial separation.
            (18) Special advisor.--The term ``Special Advisor'' means 
        the Special Advisor for Children in Adversity appointed 
        pursuant to section 135(e) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2152f(e)), as amended by section 201(4).

TITLE I--OFFICE OF CHILDREN IN FAMILY SECURITY AND AMBASSADOR AT LARGE 
                    FOR CHILDREN IN FAMILY SECURITY

SEC. 101. OFFICE OF CHILDREN IN FAMILY SECURITY.

    (a) Establishment.--There is established, within the Office of the 
Secretary of State, the Office of Children in Family Security.
    (b) Responsibilities.--
            (1) Eligibility to participate in intercountry adoptions.--
                    (A) In general.--The Director, in consultation with 
                other offices of the Department of State and the 
                Department of Homeland Security, shall determine, based 
                on standardized criteria, whether--
                            (i) a Convention country has met its 
                        obligations under the Hague Adoption 
                        Convention; and
                            (ii) such country is eligible to 
                        participate in intercountry adoptions in 
                        accordance with United States law.
                    (B) Notice.--Not later than 30 days before the 
                effective date of a determination under subparagraph 
                (A), except as otherwise provided by the Office for 
                good cause found and published with the determination, 
                the Director shall publish a general notice in the 
                Federal Register of such determination, which shall 
                include--
                            (i) a statement of the time, place, and 
                        nature of the determination;
                            (ii) a reference to the specific legal 
                        authority under which the determination is 
                        made; and
                            (iii) the terms or substance of the 
                        determination or a description of the subjects 
                        and issues involved in making the 
                        determination.
                    (C) Public comment.--After each notice is published 
                in accordance with subparagraph (B), the public shall 
                have an opportunity to submit written data, views, or 
                arguments, with or without opportunity for oral 
                presentation, regarding the determination that was the 
                subject of such notice.
                    (D) General statement.--After considering the data, 
                views, and arguments submitted in accordance with 
                subparagraph (C), the Director shall incorporate in the 
                determination a concise general statement of the basis 
                and purpose of such determination.
            (2) Development of procedures and criteria.--The Director, 
        in coordination with U.S. Citizenship and Immigration Services, 
        shall develop a set of procedures and criteria that--
                    (A) governs suitability and eligibility 
                determinations for prospective adoptive parents seeking 
                to adopt internationally, regardless of whether the 
                child to be adopted is from a Convention country;
                    (B) governs the determination of eligibility of a 
                child for adoption, regardless of whether such child is 
                from a Convention country; and
                    (C) is consistent with the best interests of the 
                child determination described in section 303(a)(1)(C) 
                of the Intercountry Adoption Act of 2000 (42 U.S.C. 
                14932(a)(1)(C)).
            (3) Divisions.--There is established within the Office--
                    (A) a division for executing oversight 
                responsibilities of the Hague Adoption Convention, 
                including the obligations of--
                            (i) the Ambassador at Large for Children in 
                        Family Security (referred to in this paragraph 
                        as the ``Ambassador''); and
                            (ii) the Office of Children's Issues of the 
                        Department of State;
                    (B) a division for executing bilateral 
                responsibilities of the Hague Adoption Convention, 
                including--
                            (i) executing the obligations of the 
                        Ambassador and the Office described in titles 
                        I, III, IV, and V of the Intercountry Adoption 
                        Act of 2000 (42 U.S.C. 14901 et seq.), as 
                        amended by this Act, except for the obligations 
                        expressly assigned to the Ambassador under 
                        section 102(c)(3)(C) of this Act;
                            (ii) transmitting any intercountry 
                        adoption-related case information received from 
                        the central authority of another Convention 
                        country to the Secretary of Homeland Security, 
                        upon the request of the Secretary of Homeland 
                        Security; and
                            (iii) transmitting any intercountry 
                        adoption-related case information requested by 
                        the Secretary of Homeland Security to the 
                        central authority of another Convention 
                        country; and
                    (C) a division for promoting best practices for 
                foreign child welfare systems, which shall advise 
                foreign child welfare systems, on such terms and 
                conditions as the Ambassador deems appropriate, 
                regarding--
                            (i) drafting, disseminating, and 
                        implementing legislation, regulations, 
                        policies, procedures, and other governmental 
                        measures;
                            (ii) establishing public, private, and 
                        faith- and community-based partnerships;
                            (iii) developing workforce training for 
                        governmental and nongovernmental staff; and
                            (iv) identifying and documenting the number 
                        and needs of children who are living without, 
                        or are at risk of living without, family care.
    (c) Director.--
            (1) In general.--The Office shall be headed by a Director 
        who shall be appointed by the Secretary of State.
            (2) Qualifications for appointment.--The Director shall 
        have--
                    (A) a strong professional background in consular 
                affairs;
                    (B) personal experience in international adoptions; 
                or
                    (C) professional experience in international 
                adoptions or child services.
            (3) Responsibilities.--The Director shall--
                    (A) oversee the Office and its divisions; and
                    (B) ensure long-term continuity in the management 
                and policy matters of the Office.
    (d) Records.--Not later than 1 year after the date of establishment 
of the Office, and annually thereafter, the Director shall submit to 
Congress, with any other relevant annual report mandated by law--
            (1) a description of the implementation of subsection 
        (b)(3)(C);
            (2) a record of the date of consultation and the agency 
        consulted pursuant to subsection (b)(1)(A);
            (3) a record of the date of consultation or coordination 
        and the agency with which the Office consulted or coordinated 
        pursuant to section 102(c)(3); and
            (4) a record of the date of coordination and the agency 
        with which the Office coordinated pursuant to section 
        102(c)(4).

SEC. 102. AMBASSADOR AT LARGE FOR CHILDREN IN FAMILY SECURITY.

    (a) Establishment.--There is established, within the Office of the 
Secretary of State, an Ambassador at Large for Children in Family 
Security, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Qualifications.--The Ambassador shall--
            (1) have experience in advocating in foreign countries for 
        the development and implementation of laws, regulations, 
        policies, and procedures that reflect the policy described in 
        section 2; and
            (2) be knowledgeable of, and committed to, promoting the 
        policy described in section 2.
    (c) Responsibilities.--The Ambassador shall--
            (1) advocate for laws, regulations, policies, and 
        procedures that reflect the policy described in section 2;
            (2) 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 care;
            (3) subject to the direction of the President and the 
        Secretary of State, and in consultation and coordination with 
        the Administrator of the United States Agency for International 
        Development, the Secretary of Homeland Security, and the 
        Special Advisor, represent the United States in matters 
        relevant to children in foreign countries who are living 
        without, or are at risk of living without, family care--
                    (A) in contacts with foreign governments, 
                nongovernmental organizations, intergovernmental 
                agencies, specialized agencies of the United Nations, 
                and other international organizations of which the 
                United States is a member; and
                    (B) in multilateral conferences and meetings; and
            (4) coordinate with the Secretary of Homeland Security, the 
        Administrator of the United States Agency for International 
        Development, and the Special Advisor to maintain consistency in 
        United States foreign policy and operations with respect to 
        children in foreign countries who are living without, or are at 
        risk of living without, family care.

SEC. 103. AMENDMENTS TO THE INTERCOUNTRY ADOPTION ACT OF 2000.

    The Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.) is 
amended--
            (1) in section 3 (42 U.S.C. 14902)--
                    (A) by amending paragraph (16) to read as follows:
            ``(16) Ambassador.--The term `Ambassador' means the 
        Ambassador at Large for Children in Family Security established 
        under section 102 of the Children in Families Act of 2021.'';
                    (B) by redesignating paragraph (17) as paragraph 
                (18); and
                    (C) by inserting after paragraph (16) the 
                following:
            ``(17) Office.--The term `Office' means the Office of 
        Children in Family Security established under section 101 of 
        the Children in Families Act of 2021.'';
            (2) by amending section 101 (42 U.S.C. 14911) to read as 
        follows:

``SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.

    ``(a) In General.--For purposes of the Convention and this Act--
            ``(1) the Office shall serve as the central authority of 
        the United States; and
            ``(2) the Ambassador shall serve as the head of the central 
        authority of the United States.
    ``(b) Performance of Central Authority Functions.--Except as 
otherwise provided in this Act, the Office shall be responsible for the 
performance of all central authority functions for the United States 
under the Convention and this Act.
    ``(c) Qualifications for Office Personnel.--All personnel of the 
Office performing central authority functions shall have--
            ``(1) a strong background in consular affairs;
            ``(2) personal experience in international adoptions; or
            ``(3) professional experience in international adoptions or 
        child services.
    ``(d) Authority of Ambassador.--Except as otherwise provided in 
this Act, the Ambassador may prescribe such regulations as may be 
necessary to carry out central authority functions on behalf of the 
United States.'';
            (3) in sections 102, 104, 202, 203, 204, 303, 401, 403, and 
        503, by striking ``Secretary'' in each place such term appears 
        and inserting ``Ambassador'';
            (4) in section 204 (42 U.S.C. 14924)--
                    (A) in the section heading, by striking 
                ``secretarial oversight of accreditation and approval'' 
                and inserting ``oversight of accreditation and 
                approval'';
                    (B) in subsection (b)(1), in the paragraph heading, 
                by striking ``Secretary's authority'' and inserting 
                ``Authority'';
                    (C) in subsection (c)(1), in the paragraph heading, 
                by striking ``Secretary's authority'' and inserting 
                ``Authority''; and
                    (D) in subsection (c)(2), by striking ``Secretary's 
                debarment'' and inserting ``debarment'';
            (5) in section 301 (42 U.S.C. 14931)--
                    (A) in subsection (a)(1)--
                            (i) by striking ``, if the Secretary of 
                        State--'' and inserting ``if the Office--''; 
                        and
                            (ii) in subparagraph (B) by striking 
                        ``Act'' and inserting ``chapter''; and
                    (B) in subsections (b) and (c), by striking ``the 
                Secretary of State'' in each place such term appears 
                and inserting ``the Ambassador'';
            (6) in section 303 (42 U.S.C. 14933), by striking ``the 
        Secretary of State'' in each place such term appears and 
        inserting ``the Ambassador''; and
            (7) in section 403 (42 U.S.C. 14943), by amending 
        subsection (b)(3) to read as follows:
    ``(b) Assessment of Fees.--
            ``(1) 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--
                    ``(A) intercountry adoptions under the Convention; 
                and
                    ``(B) comparable services with respect to other 
                intercountry adoptions.
            ``(2) Fees.--Any fee charged in accordance with paragraph 
        (1)--
                    ``(A) shall be prescribed by regulation and shall 
                not exceed the cost of such services; and
                    ``(B) shall be retained and deposited as an 
                offsetting collection to any appropriation for the 
                Office to recover the costs of providing such 
                services.''.

SEC. 104. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

    Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C. 
1154(d)(2)) is amended by striking ``Secretary of State'' and inserting 
``Ambassador at Large for Children in Family Security''.

               TITLE II--SUPPORTING CHILDREN IN ADVERSITY

SEC. 201. SPECIAL ADVISOR FOR CHILDREN IN ADVERSITY.

    Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f) 
is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (3), (4), and (5) 
                as paragraphs (4), (5), and (6), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Children in adversity.--The term `children in 
        adversity' means children who are experiencing conditions of 
        serious deprivation and danger, including children who are--
                    ``(A) living without, or at risk of living without, 
                family care;
                    ``(B) experiencing violence;
                    ``(C) affected by, or emerging from, armed conflict 
                or humanitarian crises;
                    ``(D) living with disabilities;
                    ``(E) orphans; or
                    ``(F) otherwise vulnerable, including because of 
                HIV/AIDS, acute illness, or premature birth.'';
            (2) in subsection (c)--
                    (A) by striking ``orphans and other vulnerable 
                children'' each place such phrase appears and inserting 
                ``children in adversity''; and
                    (B) in paragraph (5), by striking ``orphans, other 
                vulnerable children,'' and inserting ``children in 
                adversity'';
            (3) in subsection (d)(1), by striking ``orphans and other 
        vulnerable children.'' and inserting ``children in 
        adversity.''; and
            (4) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``special advisor for assistance to orphans and 
                vulnerable children'' and inserting ``special advisor 
                for children in adversity'';
                    (B) in paragraphs (1) and (2), by striking 
                ``Special Advisor for Assistance to Orphans and 
                Vulnerable Children'' each place such phrase appears 
                and inserting ``Special Advisor for Children in 
                Adversity''; and
                    (C) in paragraph (2), by striking ``orphans and 
                other vulnerable children'' each place such phrase 
                appears and inserting ``children in adversity''.

SEC. 202. COORDINATION WITH THE OFFICE OF CHILDREN IN FAMILY SECURITY.

    Section 137(a)(4)(A) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2152k(a)(4)(A)) is amended by inserting ``, including the Office 
of Children in Family Security'' before the semicolon.

       TITLE III--FUNDING; RULES OF CONSTRUCTION; EFFECTIVE DATE

SEC. 301. FUNDING.

    (a) In General.--This Act, and the amendments made by this Act, 
shall be carried out using appropriations authorized under section 403 
of the Intercountry Adoption Act of 2000 (42 U.S.C. 14943) and using 
amounts otherwise available for the purposes of this Act, including 
unobligated balances of funds appropriated to carry out activities 
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). 
Nothing in this Act may be construed as prohibiting the appropriation 
of funds to carry out this Act or any amendments made by this Act.
    (b) Limitations on Use of Funds.--No funds obligated or 
appropriated in accordance with this Act may be provided for advocating 
for building, renovating, or refurbishing residential facilities that 
provide institutional care or family-like group homes.

SEC. 302. RULES OF CONSTRUCTION.

    Nothing in this Act may be construed--
            (1) to preclude advocacy for the provision of funds 
        obligated or appropriations for in-kind assistance, stipends, 
        or subsidies for the care of children in adversity, children 
        with disabilities, or other children requiring increased levels 
        of care, including children with chronic antisocial behavior, 
        emotional disturbance, and delinquency;
            (2) to be related to locations such as correctional 
        facilities to the extent that the situation of the children 
        concerned, the deprivation of liberty consequent to alleged or 
        proven violation of the law, is covered by juvenile justice 
        standards;
            (3) to abrogate or amend the meaning of ``residential 
        care'' as defined in section 137(a) of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2152k); or
            (4) to be related to any provision of Federal law or 
        regulation regarding international abduction in effect at the 
        date of the enactment of this Act.

SEC. 303. EFFECTIVE DATE OF TITLE I.

    Title I and the amendments made by title I take effect on the date 
that is 1 year after the date of the enactment of this Act.
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