by dual national parents), an adoption by 
United States parents of a child from a Con-
vention country if that country allows legal and 
valid adoptions to take place outside the scope 
of the Convention. 
(12) NON-CONVENTION
COUNTRY.—The term 
‘‘non-Convention country’’ means a country in which 
the Hague Adoption Convention has not entered into 
force, regardless of whether or not that country has 
signed the Convention. 
(13) 
UNPARENTED
CHILDREN.—The 
term 
‘‘unparented children’’ means children lacking the 
legal, permanent, safe, and nurturing care of a pa-
rental figure or figures, either inside their country of 
origin, in the country of their habitual residence, or 
elsewhere, regardless of their lawful or unlawful im-
migration status in their current country of resi-
dence. 
(14) VULNERABLE CHILDREN.—The term ‘‘vul-
nerable children’’, consistent with the United States 
Agency for International Development’s definition, 
means children and youth who are under 18 years 
whose safety, well-being, growth, and development 
are at significant risk due to inadequate care, pro-
tection, or access to essential services. 
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TITLE I—REALIGNMENT OF CER-
TAIN INTERNATIONAL CHILD 
WELFARE RESPONSIBILITIES 
AND FUNCTIONS 
SEC. 101. ESTABLISHMENT OF BUREAU OF VULNERABLE 
CHILDREN AND FAMILY SECURITY IN THE 
DEPARTMENT OF STATE. 
(a) ESTABLISHMENT.—There is established within 
the Department of State the Bureau of Vulnerable Chil-
dren and Family Security (referred to in this Act as the 
‘‘VCFS’’), which shall be located in the Secretariat for Ci-
vilian Security, Democracy and Human Rights and shall 
promote and support the following activities: 
(1) The development and implementation in for-
eign countries of child welfare laws, regulations, 
policies, best practices, and procedures in keeping 
with the goals articulated in the Action Plan for 
Children in Adversity, including— 
(A) the sound development of children 
through the integration of health, nutrition, and 
family support; 
(B) supporting and enabling families to 
care for children through family preservation, 
reunification, and support of kinship care, 
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guardianship, and domestic and intercountry 
adoption; and 
(C) facilitating the efforts of national gov-
ernments and partners to prevent, respond to, 
and protect children from violence, exploitation, 
abuse, and neglect. 
(2) Addressing the gap in United States Gov-
ernment diplomacy, policy, and operations with re-
spect to promoting appropriate, protective, and per-
manent family care for children living without fami-
lies by establishing within the VCFS a Senior Coor-
dinator for Permanence, who— 
(A) shall occupy at least a Deputy Assist-
ant Secretary-level position in the VCFS; and 
(B) shall lead the development and imple-
mentation of policies that will ensure the timely 
provision of appropriate, protective, and perma-
nent family care for children living without 
families, including refugee and stateless chil-
dren, through the full continuum of permanence 
solutions, including family preservation and re-
unification, kinship care, guardianship, and do-
mestic and intercountry adoption. 
(b) ASSISTANT SECRETARY.— 
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(1) APPOINTMENT.—The VCFS shall be headed 
by an Assistant Secretary, who shall be appointed by 
the President by and with the consent of the Senate. 
(2) QUALIFICATIONS.—The Assistant Secretary 
shall— 
(A) 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 Adversity; 
(B) be knowledgeable of international child 
welfare, family permanence, and family creation 
through domestic and intercountry adoption; 
and 
(C) be committed to developing an inte-
grated United States Government approach to 
international child welfare that places equal em-
phasis on— 
(i) early childhood survival and devel-
opment; 
(ii) family permanence; and 
(iii) protection from abuse and exploi-
tation. 
(3) AUTHORITY.—The Assistant Secretary shall 
report to the Under Secretary for Civilian Security, 
Democracy and Human Rights. 
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(4) INCREASE IN AUTHORIZED ASSISTANT SEC-
RETARY POSITIONS.— 
(A) AMENDMENT TO STATE DEPARTMENT 
BASIC
AUTHORITIES
ACT
OF
1956.—Section 
1(c)(1) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
amended by striking ‘‘not more than 24 Assist-
ant Secretaries’’ and inserting ‘‘not more than 
25 Assistant Secretaries’’. 
(B) AMENDMENT
TO
TITLE
5, UNITED 
STATES CODE.—Section 5315 of title 5, United 
States Code, is amended by striking ‘‘Assistant 
Secretaries of State (24)’’ and inserting ‘‘As-
sistant Secretaries of State (25)’’. 
(c) FUNCTIONS.— 
(1) ADVISORY.—The Assistant Secretary shall 
serve as a primary advisor to the Secretary of State 
and the President in all matters related to vulner-
able children and family security in foreign coun-
tries. 
(2) DIPLOMATIC REPRESENTATION.—Subject to 
the direction of the President and the Secretary of 
State, and in consultation and coordination with the 
Senior Coordinator for Children in Adversity of the 
United States Agency for International Develop-
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ment, and the Secretary of Homeland Security, the 
Assistant Secretary shall represent the United 
States in matters relevant to international child wel-
fare, family preservation and reunification, and pro-
vision of permanent, safe parental care through kin-
ship, domestic and intercountry adoption in— 
(A) contacts with foreign governments, 
nongovernmental 
organizations, 
intergovern-
mental agencies, and specialized agencies of the 
United Nations and other international organi-
zations of which the United States is a member; 
(B) multilateral conferences and meetings 
relevant to family preservation, reunification, 
and creating appropriate, protective, and per-
manent care for unparented children; and 
(C) fulfillment of the diplomatic respon-
sibilities designated to the central authority 
under title I of the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14911 et seq.), as amended 
by this Act. 
(3) POLICY DEVELOPMENT WITH RESPECT TO 
PERMANENCE FOR UNPARENTED CHILDREN.— 
(A) IN
GENERAL.—The Assistant Sec-
retary shall— 
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(i) develop and advocate for policies 
and practices to ensure that children in 
foreign countries who are living without 
families find appropriate, protective, and 
permanent family care which is in the best 
interest of each child; 
(ii) give consideration to family pres-
ervation and reunification, kinship care, 
guardianship, and domestic and inter-
country adoption; and 
(iii) seek to develop and implement 
policies that lead to the use of all options 
for providing appropriate, protective, and 
permanent family care to children living 
without families as quickly as possible. 
(B) BEST INTEREST DETERMINATION.—In 
carrying out subparagraph (A), the Assistant 
Secretary shall give preference to options that 
optimize the best interests of children, including 
options which provide children with fully pro-
tected legal status as children and parents with 
full legal status as parents, including full paren-
tal rights and responsibilities. 
(C) 
SUBSIDIARITY.—The 
principle 
of 
subsidiarity, which gives preference to in-coun-
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try solutions, should be implemented within the 
context of a concurrent planning strategy, ex-
ploring in- and out-of-country options simulta-
neously. If an in-country placement serving the 
child’s best interests and providing appropriate, 
protective, and permanent care is not quickly 
available, and such an international home is 
available, the child should be placed in that 
international home without delay. 
(D) BEST PRACTICES.—In developing poli-
cies and programs under this Act, 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 guardianship, 
kinship care, and domestic and intercountry 
adoption as derived from a wide variety of do-
mestic, foreign, and global policies and prac-
tices. 
(E) TECHNICAL ASSISTANCE.—The Assist-
ant Secretary, in consultation with other appro-
priate Federal agencies, shall provide technical 
assistance to governments of foreign countries 
to help build their child welfare capacities and 
to strengthen appropriate family preservation 
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and reunification and the provision of appro-
priate, protective, and permanent family care 
through kinship care, guardianship, and domes-
tic and intercountry adoption, including assist-
ance with— 
(i) the drafting, disseminating, and 
implementing of legislation; 
(ii) the development of implementing 
systems and procedures; 
(iii) the establishment of public, pri-
vate, and faith- and community-based 
partnerships; 
(iv) the development of workforce 
training for governmental and nongovern-
mental staff; and 
(v) infrastructure development and 
data collection techniques necessary to 
identify and document the number and 
needs of children living without appro-
priate, protective, and permanent family 
care. 
(4) RESPONSIBILITIES
WITH
RESPECT
TO 
INTERCOUNTRY ADOPTION.— 
(A) IN GENERAL.—The VCFS, in coordi-
nation with other offices of the Department of 
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State and U.S. Citizenship and Immigration 
Services, shall have lead responsibility for rep-
resenting the United States Government in dis-
cussions, negotiations, and diplomatic contacts 
pertaining to intercountry adoptions. 
(B) CENTRAL AUTHORITY RESPONSIBILITY 
UNDER THE INTERCOUNTRY ADOPTION ACT OF 
2000.—Section 101(b)(2) of the Intercountry 
Adoption Act of 2000 (42 U.S.C. 14911(b)(2)) 
is amended by striking ‘‘Office of Children’s 
Issues’’ and inserting ‘‘Bureau of Vulnerable 
Children and Family Security’’. 
(C) DETERMINATIONS
OF
HAGUE
ADOP-
TION CONVENTION COMPLIANCE.—The VCFS, 
in consultation with other offices of the Depart-
ment of State, and the Department of Home-
land Security, 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 accord-
ance with United States law. Such determina-
tions shall be documented in writing, based on 
standardized criteria, and available for public 
review and comment. 
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(D) NEGOTIATION OF BILATERAL AGREE-
MENTS.—The VCFS, in consultation with the 
Secretary of Homeland Security, 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 Conven-
tion when the other country is a Convention 
partner. 
(5) 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 chil-
dren living outside family care in foreign countries, 
particularly those living without families. 
(6) INFORMATION COORDINATION.—The Assist-
ant Secretary shall transmit— 
(A) any intercountry adoption related case 
information received from the Central Authority 
of another Convention country to the Secretary 
of Homeland Security; and 
(B) any intercountry adoption related case 
information that the Secretary of Homeland Se-
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curity requests to the Central Authority of an-
other Convention country. 
SEC. 102. RESPONSIBILITIES OF U.S. CITIZENSHIP AND IM-
MIGRATION SERVICES FOR ACCREDITATION 
OF ADOPTION SERVICE PROVIDERS. 
(a) 
GENERAL
RESPONSIBILITIES
UNDER
THE 
INTERCOUNTRY ADOPTION ACT OF 2000.— 
(1) IN GENERAL.—The Intercountry Adoption 
Act of 2000 (Public Law 106–279; 114 Stat. 825) 
is amended by inserting after section 103 (42 U.S.C. 
14913) the following: 
‘‘SEC. 103A. RESPONSIBILITIES OF THE DEPARTMENT OF 
HOMELAND SECURITY. 
‘‘(a) ACCREDITATION AND APPROVAL RESPONSIBIL-
ITIES.—The Secretary of Homeland Security, working 
through the Director of U.S. Citizenship and Immigration 
Services, 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 II. Such functions may not be dele-
gated to any other Federal agency. 
‘‘(b) INVESTIGATIONS.—The Secretary of Homeland 
Security shall be responsible for managing and overseeing 
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investigations related to the operation and services of 
adoption service providers, whether directly or indirectly. 
‘‘(c) 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 chil-
dren are living in the United States, including queries 
about the status of adopted children who are living in the 
United States in cases involving allegations of abuse, ne-
glect, abandonment, or death.’’. 
(2) CLERICAL AMENDMENT.—Section 1 of such 
Act is amended by inserting after the item relating 
to section 103 the following: 
‘‘Sec. 103A. Responsibilities of the Department of Homeland Security.’’. 
(3) CONFORMING AMENDMENTS.—Section 102 
of such Act (42 U.S.C. 14912) is amended— 
(A) in subsection (a), by striking ‘‘The 
Secretary’’ and inserting ‘‘Except as provided 
for under section 103A, the Secretary’’; 
(B) in subsection (b), by inserting ‘‘, in co-
ordination with the Secretary of Homeland Se-
curity,’’ after ‘‘The Secretary’’; 
(C) by striking subsection (c); 
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(D) by redesignating subsections (d) and 
(f) as subsections (c) and (d), respectively; and 
(E) by striking subsection (e). 
(b) ACCREDITATION RESPONSIBILITIES UNDER THE 
INTERCOUNTRY ADOPTION ACT OF 2000.— 
(1) DESIGNATION
OF
ACCREDITING
AGEN-
CIES.—Section 202 of the Intercountry Adoption Act 
of 2000 (42 U.S.C. 14922) is amended by inserting 
‘‘of Homeland Security’’ after ‘‘Secretary’’ each 
place it appears. 
(2) STANDARDS AND PROCEDURES FOR PRO-
VIDING ACCREDITATION OR APPROVAL.—Section 203 
of the Intercountry Adoption Act of 2000 (42 U.S.C. 
14923) is amended by inserting ‘‘of Homeland Secu-
rity’’ after ‘‘Secretary’’ each place it appears in sub-
sections (a) and (b). 
(3) OVERSIGHT
OF
ACCREDITATION
AND
AP-
PROVAL.—Section 204 of the Intercountry Adoption 
Act of 2000 (42 U.S.C. 14924) is amended— 
(A) by inserting ‘‘of Homeland Security’’ 
after ‘‘Secretary’’ each place it appears; and 
(B) in subsection (c)— 
(i) in paragraph (1), by amending the 
paragraph heading to read as follows: 
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‘‘(4) AUTHORITY
OF
THE
SECRETARY
OF 
HOMELAND SECURITY.—’’; and 
(ii) in paragraph (2), by striking 
‘‘Secretary’s debarment order’’ and insert-
ing ‘‘debarment order of the Secretary of 
Homeland Security’’. 
(4) ADMINISTRATIVE PROVISIONS.— 
(A) ACCESS TO CONVENTION RECORDS.— 
Section 401(b) of the Intercountry Adoption 
Act of 2000 (42 U.S.C. 14941(b)) is amend-
ed— 
(i) in paragraph (1), by inserting ‘‘, 
the Director of U.S. Citizenship and Immi-
gration Services,’’ after ‘‘Secretary’’; and 
(ii) in paragraph (2), by inserting 
‘‘the Director of U.S. Citizenship and Im-
migration Services,’’ after ‘‘Secretary,’’. 
(B) 
ASSESSMENT
OF
FEES.—Section 
403(b) of the Intercountry Adoption Act of 
2000 (42 U.S.C. 14943(b)) is amended— 
(i) in paragraph (1)— 
(I) by inserting ‘‘or the Director 
of U.S. Citizenship and Immigration 
Services’’ after ‘‘Secretary’’; and 
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(II) by inserting ‘‘or U.S. Citi-
zenship and Immigration Services, re-
spectively,’’ after ‘‘Department of 
State’’; and 
(ii) in paragraph (2), by inserting ‘‘or 
U.S. Citizenship and Immigration Services 
appropriation, as the case may be,’’ after 
‘‘Department of State appropriation’’. 
(c) INTERCOUNTRY ADOPTION FUNCTIONS OF U.S. 
CITIZENSHIP AND IMMIGRATION SERVICES.— 
(1) DEFINITIONS.—In this subsection and in 
section 103: 
(A) 
ADOPTION
SERVICE.—The 
term 
‘‘adoption service’’ has the meaning given the 
term in section 3 of the Intercountry Adoption 
Act of 2000 (42 U.S.C. 14902). 
(B) ASSOCIATE
DIRECTOR.—The term 
‘‘Associate Director’’ means the Associate Di-
rector of the Directorate. 
(C) DIRECTORATE.—Except as otherwise 
provided in this subsection, the term ‘‘Direc-
torate’’ means the Field Operations Directorate 
of U.S. Citizenship and Immigration Services. 
(2) INTERCOUNTRY
ADOPTION
FUNCTIONS.— 
The Associate Director shall carry out— 
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(A) the functions described in section 
103A(a) of the Intercountry Adoption Act of 
2000, relating to accreditation of agencies and 
approval of persons to provide adoption serv-
ices; 
(B) the functions described in section 
103A(b) of such Act, relating to management 
and oversight of investigations related to the 
operation of such providers; and 
(C) the functions described in section 
103A(c) of such Act, relating to liaison respon-
sibilities regarding post-placement reports and 
certain adoption cases. 
(3) INFORMATIONAL RESPONSIBILITIES.— 
(A) DATABASE
ON
ADOPTION
SERVICE 
PROVIDERS.— 
(i) IN GENERAL.—The Associate Di-
rector shall establish and operate, in con-
junction with the Secretary of State, a 
publicly accessible database of adoption 
service providers. 
(ii) AGREEMENT.—The Associate Di-
rector, the Director, and the Secretary of 
State shall enter into an agreement under 
which the Director and the Secretary shall 
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provide, for the database, data on inter-
country adoption cases relating to adoption 
service providers. 
(iii) CONTENTS.—The database shall 
include, with respect to each accredited 
agency and approved person, who is an 
adoption service provider individually, and 
to the aggregate of all adoption service 
providers— 
(I) information identifying such a 
provider; 
(II) information on the accredita-
tion status of an agency, or the ap-
proval status of a person, as an adop-
tion service provider; 
(III) information on the number 
of applications or petitions filed re-
specting adoption and the numbers of 
approvals and denials of the applica-
tions or petitions; 
(IV) the number of substantiated 
grievances filed with respect to an 
adoption service provider; and 
(V) a description of any sanc-
tions an adoption service provider, or 
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corrective actions that the provider is 
required to take to maintain accredi-
tation or approval described in sub-
clause (II). 
(B) 
DATABASE
ON
INTERNATIONALLY 
ADOPTED CHILDREN.— 
(i) IN GENERAL.—The Associate Di-
rector, in conjunction with the Secretary of 
State, shall establish and operate a data-
base containing data respecting children 
involved in intercountry adoption cases 
who have immigrated to the United States. 
(ii) 
INFORMATION
TRACKING.—Al-
though the data available for adoptions fi-
nalized before the date of the enactment of 
this Act will likely be incomplete, the Asso-
ciate Director should seek to import avail-
able data on all adoptions involving chil-
dren who are younger than 18 years of age 
on the date of the enactment of this Act. 
In operating the database established 
under clause (i), the Associate Director 
shall track information about each such 
child before attaining United States citi-
zenship, including— 
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(I) 
information 
identifying 
a 
child and the adoptive or prospective 
adoptive parents, including— 
(aa) the full name of the 
child in the country of origin and 
the full name of the child after 
the adoption is finalized; 
(bb) the gender, date of 
birth, nationality, and citizenship 
of the child; 
(cc) the physical address of 
the child at the time of the adop-
tion; the type of visa issued to 
the child; and 
(dd) the date on which the 
child entered the United States; 
(II) information on the particular 
adoption service provider, if any, pro-
viding services in the particular case; 
and 
(III) information on immigration 
or citizenship status of the child. 
(iii) 
INTERAGENCY
AGREEMENT.— 
The Associate Director, the Director, and 
the Secretary of State shall enter into an 
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agreement under which the Secretary of 
State shall provide, for the database, data 
on intercountry adoption cases concerning 
the adopted children, and the adoption 
service providers. 
SEC. 103. TRANSFER OF FUNCTIONS AND SAVINGS PROVI-
SIONS. 
(a) DEFINITIONS.—In this section, unless otherwise 
provided or contextually indicated— 
(1) the term ‘‘Federal agency’’ has the meaning 
given to the term ‘‘agency’’ under section 551(1) of 
title 5, United States Code; 
(2) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and 
(3) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational 
entity, or component thereof. 
(b) TRANSFER OF FUNCTIONS.—There are trans-
ferred to the Directorate, all functions described in section 
103A(a) of the Intercountry Adoption Act of 2000, as 
added by section 102(a) of this Act, which were exercised 
by the Secretary of State before the date of the enactment 
of this Act (including all related functions of any officer 
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or employee of the Department of State), including func-
tions relating to— 
(1) the accreditation of agencies and approval 
of persons to provide adoption services; 
(2) the management and oversight of investiga-
tions related to the operation of such providers; and 
(3) liaison responsibilities with respect to re-
quired post-placement reports. 
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY 
THE OFFICE OF MANAGEMENT AND BUDGET.—If nec-
essary, the Director of the Office of Management and 
Budget shall make any determination with respect to the 
transfer of functions under subsection (b). 
(d) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Associate Director 
may appoint and fix the compensation of such offi-
cers and employees, including investigators, attor-
neys, and administrative law judges, as may be nec-
essary to carry out the respective functions trans-
ferred under this section. Except as otherwise pro-
vided by law, such officers and employees shall be 
appointed in accordance with the civil service laws 
and their compensation fixed in accordance with title 
5, United States Code. 
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(2) EXPERTS AND CONSULTANTS.—The Asso-
ciate Director may obtain the services of experts and 
consultants in accordance with section 3109 of title 
5, United States Code, and compensate such experts 
and consultants for each day (including travel time) 
at rates not in excess of the rate of pay for level IV 
of the Executive Schedule under section 5315 of 
such title. 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 author-
ized by sections 5702 and 5703 of such title for per-
sons in Government service employed intermittently. 
(e) DELEGATION AND ASSIGNMENT.—Except where 
otherwise expressly prohibited by law or otherwise pro-
vided under this section— 
(1) the Associate Director may— 
(A) delegate any of the functions trans-
ferred to the Associate Director under this sec-
tion and any function transferred or granted to 
the Associate Director after the date of the en-
actment of this Act to such officers and employ-
ees of the Directorate as the Associate Director 
may designate; and 
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(B) authorize successive redelegations of 
such functions as may be necessary or appro-
priate; and 
(2) 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 functions. 
(f) REORGANIZATION.—The Associate Director is au-
thorized— 
(1) to allocate or reallocate any function trans-
ferred under subsection (b) among the officers of the 
Directorate; and 
(2) to establish, consolidate, alter, or dis-
continue such organizational entities in the Direc-
torate as may be necessary or appropriate. 
(g) RULES.—The Associate Director is authorized to 
prescribe, in accordance with the provisions of chapters 
5 and 6 of title 5, United States Code, such rules and 
regulations as the Associate Director determines necessary 
or appropriate to administer and manage the functions of 
the Directorate. 
(h) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.—Except as otherwise provided 
under this section and subject to section 1531 of title 31, 
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United States Code, the personnel employed in connection 
with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds employed, used, 
held, arising from, available to, or to be made available 
in connection with the functions transferred under sub-
section (b), shall be transferred to the Directorate. Unex-
pended funds transferred pursuant to this subsection may 
only be used for the purposes for which the funds were 
originally authorized and appropriated. 
(i) INCIDENTAL TRANSFERS.—The Director of the 
Office of Management and Budget— 
(1) may, at such time or times as the Director 
may prescribe— 
(A) make such determinations as may be 
necessary with regard to the functions trans-
ferred under subsection (b); and 
(B) make such additional incidental dis-
positions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended 
balances of appropriations, authorizations, allo-
cations, and other funds held, used, arising 
from, available to, or to be made available in 
connection with such functions, as may be nec-
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essary to carry out the provisions of this sec-
tion; and 
(2) shall provide for— 
(A) the termination of the affairs of all en-
tities terminated under this section; and 
(B) such further measures and dispositions 
as may be necessary to carry out the purposes 
of this section. 
(j) EFFECT ON PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided under this section, the transfer under this sec-
tion of full-time personnel (except special Govern-
ment employees) and part-time personnel holding 
permanent positions shall not cause any such em-
ployee to be separated or reduced in grade or com-
pensation during the 1-year period beginning on the 
date of such transfer. 
(2) EXECUTIVE SCHEDULE POSITIONS.—Except 
as otherwise provided under this section, any person 
who, on the day preceding the date of the enactment 
of this Act, held a position compensated in accord-
ance with the Executive Schedule prescribed in chap-
ter 53 of title 5, United States Code, and who, with-
out a break in service, is appointed in the Direc-
torate to a position having duties comparable to the 
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duties performed immediately preceding such ap-
pointment shall continue to be compensated in such 
new position at not less than the rate provided for 
such previous position, for the duration of the serv-
ice of such person in such new position. 
(3) TERMINATION OF CERTAIN POSITIONS.—All 
positions whose functions are transferred under sub-
section (b) and whose incumbents have been ap-
pointed by the President, by and with the advice and 
consent of the Senate, shall terminate on the date of 
the enactment of this Act. 
(k) SAVINGS PROVISIONS.— 
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, rules, regula-
tions, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, privileges, and other 
administrative actions which— 
(A) have been issued, made, granted, or al-
lowed to become effective by the President, any 
Federal agency or official thereof, or by a court 
of competent jurisdiction, in the performance of 
functions which are transferred under this sec-
tion; and 
(B) are in effect on the date of the enact-
ment of this Act, or were final before such date 
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of enactment and are to become effective on or 
after the date of the enactment of this Act, 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, the 
Associate Director or other authorized official, a 
court of competent jurisdiction, or by operation of 
law. 
(2) PROCEEDINGS NOT AFFECTED.—Nothing in 
this section may be construed to affect any pro-
ceeding, including a notice of proposed rulemaking, 
or any application for any license, permit, certificate, 
or financial assistance pending before the Depart-
ment of State on the effective date of this section, 
with respect to functions transferred under sub-
section (b). Orders shall be issued in such pro-
ceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if 
this section had not been enacted. Orders issued in 
any such proceedings shall continue in effect until 
modified, terminated, superseded, or revoked by a 
duly authorized official, by a court of competent ju-
risdiction, or by operation of law. Nothing in this 
paragraph may be construed to prohibit the dis-
continuance or modification of any such proceeding 
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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 
enacted. 
(3) SUITS
NOT
AFFECTED.—Nothing in this 
section may be construed to affect suits commenced 
before the date of the enactment of this Act. In all 
such suits, proceedings shall be had, appeals taken, 
and judgments rendered in the same manner and 
with the same effect as if this section had not been 
enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Department of State, or by or against any indi-
vidual in the official capacity of such individual as 
an officer of the Department of State, shall abate by 
reason of the enactment of this section. 
(5) ADMINISTRATIVE
ACTIONS
RELATING
TO 
PROMULGATION OF REGULATIONS.—Any administra-
tive action relating to the preparation or promulga-
tion of a regulation by the Department of State re-
lating to a function transferred under subsection (b) 
may be continued by the Directorate with the same 
effect as if this section had not been enacted. 
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(l) SEPARABILITY.—If a provision of this section or 
its application to any person or circumstance is held in-
valid, neither the remainder of this section nor the applica-
tion of the provision to other persons or circumstances 
shall be affected. 
(m) TRANSITION.—The Associate Director is author-
ized to utilize— 
(1) the services of such officers, employees, and 
other personnel of the Department of State with re-
spect to functions transferred to the Directorate by 
this section; and 
(2) funds appropriated to such functions for 
such period of time as may reasonably be needed to 
facilitate the orderly implementation of this section. 
(n) REFERENCES.—Reference in any other Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of or relating to— 
(1) the Secretary of State with regard to func-
tions transferred under subsection (b), shall be 
deemed to refer to the Associate Director; and 
(2) the Department of State with regard to 
functions transferred under subsection (b), shall be 
deemed to refer to the Directorate. 
(o) ADDITIONAL CONFORMING AMENDMENTS.— 
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(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of Con-
gress and the Director of the Office of Management 
and Budget, the Associate Director shall prepare 
and submit to Congress recommended legislation 
containing technical and conforming amendments to 
reflect the changes made by this section. 
(2) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of the enactment of this Act, 
the Associate Director shall submit the rec-
ommended legislation referred to under paragraph 
(1) to Congress. 
SEC. 104. RESPONSIBILITIES OF U.S. CITIZENSHIP AND IM-
MIGRATION SERVICES FOR ADOPTION-RE-
LATED CASE PROCESSING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Director of U.S. Citizenship and 
Immigration Services— 
(1) shall be responsible for processing and case- 
specific decisionmaking on all intercountry adoption 
cases (up to the point of application for an immi-
grant visa on behalf of the adopted child), including 
cases being processed pursuant to the Intercountry 
Adoption Act of 2000 (42 U.S.C. 14901 et seq.) and 
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section 2 of the Intercountry Adoption Universal Ac-
creditation Act of 2012 (42 U.S.C. 14925); 
(2) shall ensure that all intercountry adoption 
suitability and eligibility determinations of prospec-
tive adoptive parents required under subparagraph 
(F) or (G) of section 101(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1101(b)(1)) 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 adoption; 
(3) to the maximum extent possible, and to the 
extent permitted by the country in which the child 
resides, shall ensure that all non-Convention adop-
tion cases undergo preprocessing, including— 
(A) 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 (for purposes of emigration and 
adoption in the United States) of that child is 
completed in the country of origin; and 
(B) the completion of all necessary and rel-
evant investigations associated with the petition 
before the country of origin finalizes the adop-
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tion or grants legal custody for purposes of 
emigration and adoption in the United States; 
(4) except as provided in paragraph (5), shall 
be responsible for all case processing steps in Con-
vention and non-Convention adoption petitions on 
behalf of children whom United States parents pro-
pose to immigrate to the United States (except for 
the processing of immigrant visas), including proc-
essing of all necessary Hague Adoption Convention 
certifications and the final adjudication of the immi-
gration petitions; and 
(5) may delegate the responsibility for com-
pleting certain elements of case adjudication to the 
Secretary of State if the Department of Homeland 
Security— 
(A) cannot adequately complete such ele-
ments due to the need for physical presence in 
the country of origin or other processing-related 
circumstances; and 
(B) defines and monitors the parameters 
for the elements delegated to the Secretary of 
State and retains final decisionmaking author-
ity. 
(b) FOREIGN ADOPTION DECREES.— 
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(1) 
CONVENTION
COUNTRIES.—The 
2-year 
legal custody and joint residence requirements set 
forth in section 101(b)(1)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1101(b)(1)(E)) shall 
not apply if the documentation submitted on behalf 
of a child includes— 
(A) an adoption decree issued by a com-
petent authority (as such term is used in the 
Hague Adoption Convention) of the child’s 
country of origin and evidence that the adoption 
was granted in compliance with the Hague 
Adoption Convention; or 
(B) a custody or guardianship decree 
issued by the competent authority of the child’s 
country of origin to the adoptive parents, and 
a final adoption decree, verifying that the adop-
tion of the child was later finalized outside the 
United States by the adoptive parents, in addi-
tion to evidence that the custody or guardian-
ship was granted in compliance with the Hague 
Adoption Convention. 
(2) SUBSTANTIAL
COMPLIANCE
WITH
HAGUE 
ADOPTION CONVENTION.—Paragraph (1) shall not 
apply unless— 
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(A) on the date on which the underlying 
adoption, custody, or guardianship decree was 
issued by the child’s country of origin— 
(i) that country’s adoption procedures 
complied with the requirements of the 
Hague Adoption Convention (as deter-
mined by the United States central author-
ity); and 
(ii) the competent authority of the 
country of origin certified that the adop-
tion is consistent with Article 23 of the 
Hague Adoption Convention; and 
(B) the adoption was a Convention adop-
tion that was completed between 2 Convention 
countries other than the United States. 
(3) NON-CONVENTION
COUNTRIES.—The Sec-
retary of Homeland Security may accept the filing of 
petitions on behalf of children living in non-Conven-
tion countries in the absence of a final adoption de-
cree. 
(c) 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 country, as ap-
propriate— 
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(1) to facilitate the processing of intercountry 
adoption cases, including making habitual residence 
determinations relevant to children and prospective 
adoptive parents in adoption proceedings; and 
(2) to negotiate, in coordination with the De-
partment of State, and to implement bilateral agree-
ments with respect to intercountry adoptions. 
(d) AMENDMENTS TO THE INTERCOUNTRY ADOP-
TION ACT OF 2000.— 
(1) TRANSFER OF RESPONSIBILITIES TO THE 
SECRETARY OF HOMELAND SECURITY.—The Inter-
country Adoption Act of 2000 (42 U.S.C. 14901 et 
seq.) is amended— 
(A) by striking ‘‘Attorney General’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(B) in the heading of section 103, by strik-
ing ‘‘ATTORNEY
GENERAL’’ and inserting 
‘‘SECRETARY OF HOMELAND SECURITY’’. 
(2) HAGUE CONVENTION CERTIFICATES.—Sec-
tion 301 of such Act (42 U.S.C. 14931) is amend-
ed— 
(A) in subsection (a)— 
(i) in the subsection heading, by strik-
ing ‘‘SECRETARY OF STATE’’ and inserting 
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‘‘SECRETARY OF HOMELAND SECURITY’’; 
and 
(ii) in the heading to paragraph (1), 
by striking ‘‘SECRETARY OF STATE’’ and 
inserting ‘‘SECRETARY OF HOMELAND SE-
CURITY’’; and 
(B) by striking ‘‘Secretary of State’’ each 
place it appears and inserting ‘‘Secretary of 
Homeland Security’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by striking the item 
relating to section 103 and inserting the following: 
‘‘Sec. 103. Responsibilities of the Secretary of Homeland Security.’’. 
(e) DEFINITION OF CHILD.—Section 101(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) 
is amended— 
(1) in subparagraph (E)— 
(A) in clause (i), by striking ‘‘(i) a child 
adopted while under the age of sixteen years’’ 
and inserting ‘‘a child adopted while younger 
than 18 years of age’’; and 
(B) by striking clause (ii); 
(2) by amending subparagraph (F) to read as 
follows: 
‘‘(F)(i) a child, younger than 18 years of 
age at the time a petition is filed on the child’s 
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behalf to accord a classification as an imme-
diate relative under section 201(b), and who 
has been adopted in a foreign state that is not 
a party to the Convention on Protection of Chil-
dren and Co-operation in Respect of Inter-
country Adoption, done at The Hague May 29, 
1993, or who is emigrating from such a foreign 
state to be adopted in the United States by a 
United States citizen and spouse jointly, or by 
an unmarried United States citizen who is at 
least 25 years of age, if— 
‘‘(I) the Secretary of Homeland Secu-
rity is satisfied that proper care will be 
furnished the child if admitted to the 
United States; 
‘‘(II) the child’s natural parents (or 
parent, in the case of a child who has 1 
sole or surviving parent), or other persons 
or institutions that retain legal custody of 
the child, have freely given their written ir-
revocable consent to the termination of 
their legal relationship with the child, and 
to the child’s emigration and adoption; 
‘‘(III) the child has a living parent or 
parents who has or have relinquished, or 
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will relinquish, the child voluntarily for the 
purposes of intercountry adoption, and the 
parent or parents are incapable of pro-
viding proper care for the child; 
‘‘(IV) the Secretary of Homeland Se-
curity, after considering whether there is a 
petition pending to confer immigrant sta-
tus on one or both natural parents, is sat-
isfied that the purpose of the adoption is 
to form a bona fide parent-child relation-
ship, and the parent-child relationship of 
the child and the natural parents has been 
terminated; and 
‘‘(V) in the case of a child who has 
not been adopted— 
‘‘(aa) 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 
parents; and 
‘‘(bb) the prospective adoptive 
parent or parents has or have com-
plied with any preadoption require-
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ments of the child’s proposed resi-
dence; and 
‘‘(ii) except that no natural parent or prior 
adoptive parent of any such child shall there-
after, by virtue of such parentage, be accorded 
any right, privilege, or status under this chap-
ter;’’; and 
(3) in subparagraph (G)— 
(A) in the matter preceding clause (i), by 
striking ‘‘16’’ and inserting ‘‘18’’; 
(B) in clause (i)— 
(i) in subclause (II), by striking ‘‘be-
cause of the death or disappearance of, 
abandonment or desertion by, the other 
parent’’; and 
(ii) in subclause (III), by striking 
‘‘two living natural parents, the natural 
parents are’’ and inserting ‘‘a living parent 
or parents, who have relinquished or will 
relinquish the child voluntarily for the pur-
poses of intercountry adoption, the parent 
or parents are’’; 
(C) in clause (ii), by striking ‘‘; or’’ and in-
serting a period; and 
(D) by striking clause (iii). 
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(f) RELATIVE ADOPTIONS; WAIVER AUTHORITY.— 
Section 502 of the Intercountry Adoption Act (42 U.S.C. 
14952) is amended to read as follows: 
‘‘(a) AUTHORITY TO ESTABLISH ALTERNATIVE PRO-
CEDURES FOR ADOPTION OF CHILDREN BY RELATIVES.— 
Not later than 2 years after the date of the enactment 
of the Children in Families First Act of 2013, the Sec-
retary of Homeland Security shall establish, by regulation, 
alternative procedures for completing the intercountry 
adoption of children by United States citizens who are re-
lated to such children by blood, marriage, or adoption. 
‘‘(b) WAIVER AUTHORITY.—The Secretary of Home-
land Security, acting through the Director of U.S. Citizen-
ship and Immigration Services, may waive, on a case-by- 
case basis, applicable requirements for meeting the defini-
tion of a child under subparagraph (E), (F), or (G) of 
section 101(b)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1101(b)(1)), or regulations issued with respect 
to such definitions, 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— 
‘‘(1) the child substantially complies with the 
requirements under one of such subparagraphs; and 
‘‘(2) such a waiver would be in the child’s best 
interests.’’. 
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(g) DETERMINATION
OF APPLICABILITY
OF
THE 
HAGUE ADOPTION CONVENTION IN CERTAIN CASES.— 
The Secretary of Homeland Security, acting through the 
Director of U.S. Citizenship and Immigration Services, 
may determine, on a case-by-case basis, that a specific 
intercountry adoption case may proceed as a non-Conven-
tion adoption if— 
(1) the child’s country of origin or habitual res-
idence is a Convention country; 
(2) the central authority of the child’s country 
of origin or habitual residence has issued, or will 
issue, an adoption decree which that country con-
siders to be legal and valid under that country’s laws 
to the United States adoptive or prospective adoptive 
parents; and 
(3) the central authority of the child’s country 
of origin or habitual residence has informed the Sec-
retary or the Director that it does not consider the 
specific case to fall within the scope of the Hague 
Adoption Convention. 
(h) SPECIAL USE OF PAROLE AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Director of U.S. Citi-
zenship and Immigration Services, may grant parole 
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to a child if the Secretary or the Director determines 
that— 
(A) the child’s circumstances indicate that 
immediate unification with the parties seeking 
parole is in the child’s best interests; 
(B) waiting to complete other, more time 
consuming immigration processing could be sig-
nificantly harmful to the child’s well-being; 
(C) the party or parties seeking parole on 
behalf of the child— 
(i) have a pre-existing legal relation-
ship with the child, as evidenced by an 
adoption decree or a custody order; or 
(ii) demonstrate a pre-existing rela-
tionship with the child and an intent to es-
tablish a legal relationship with the child, 
which may be evidenced by— 
(I) a familial relationship with 
the child; 
(II) a close personal relationship 
with the child, such as— 
(aa) being matched with the 
child for an international adop-
tion by an adoption service pro-
vider or the competent authority 
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of the child’s country of origin; 
or 
(bb) documentation showing 
that the child’s parents, if de-
ceased or otherwise incapacitated 
and unable to provide proper care 
for the child, intended for the 
parties seeking parole to take 
custody of the child; or 
(III) the filing of adoption-re-
lated applications or petitions related 
to the adoption of the child; and 
(D) the child will receive proper care in the 
United States by the party or parties who seek 
parole on behalf of the child, based on a review 
of the suitability of the party or parties, which 
may include background check or completion of 
a home study conducted by a competent author-
ity. 
(2) MEETING THE 2-YEAR PERIODS FOR THE 
PURPOSES OF FILING AN IMMEDIATE RELATIVE PE-
TITION ON BEHALF OF AN ADOPTED CHILD.—If a 
child is granted parole under paragraph (1), is sub-
sequently adopted by the parties who sought parole, 
and such parties seek permanent immigration status 
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for the child under section 101(b)(1)(E) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E))— 
(A) the 2-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 
States; 
(B) the 2-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 child, in 
the child’s country of origin or habitual resi-
dence or in the United States; and 
(C) the 2-year periods of joint residence 
and legal custody may accrue within or outside 
the United States. 
(i) RULEMAKING.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of State and the 
Director of U.S. Citizenship and Immigration Services, 
shall issue regulations to carry out this section and the 
amendments made by this section. 
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TITLE II—ANNUAL REPORTING 
SEC. 201. ANNUAL REPORT ON CHILDREN LIVING WITHOUT 
FAMILIES. 
(a) IN GENERAL.—Not later than September 30, 
2014, and annually thereafter, the Secretary of State, in 
consultation with the Director of the United States Agen-
cy for International Development and the Secretary of 
State, 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— 
(1) identifies the number of children living 
without families; and 
(2) describes the degree to which the various 
family permanence solutions are being utilized. 
(b) CONTENT.—The report required under subsection 
(a) shall include— 
(1) a description of the world’s unparented chil-
dren, including— 
(A) a description and quantitative analysis 
of the world’s unparented children by country, 
identifying the nationality of the children phys-
ically present in each country and distin-
guishing among children who are citizens of the 
country, noncitizen children lawfully present in 
the country, and noncitizen children unlawfully 
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in the country, irrespective of a child’s par-
ticular immigration status; 
(B) available data about such children bro-
ken into detailed categories and including— 
(i) information on their nationality, 
age, gender, and status; 
(ii) whether they have a living parent 
or parents and the status of those parents; 
(iii) whether the unparented children 
are considered abandoned, separated, relin-
quished, or have some other status; 
(iv) whether they are institutionalized 
or homeless; 
(v) information on how they are docu-
mented, including through birth registries, 
orphanage registries, United Nations High 
Commissioner for Refugees registration, or 
identity cards; and 
(vi) an assessment of their living con-
ditions based on indicators such as crude 
mortality rate, malnutrition rate, or other 
similar indicators; 
(2) a review of the previous fiscal year’s pro-
gramming in support of appropriate, protective, and 
permanent family care solutions, including project 
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descriptions for each project by country, goals of 
each project, amount awarded for each project, and 
evaluation of outcomes during the fiscal year; 
(3) an action plan covering proposed program-
ming and activities for the next fiscal year in sup-
port of family permanency solutions, including goals 
for each country in which programming will occur, 
proposed allocations of resources by country, types 
of projects proposed by country, amounts of awards 
proposed for each project, and desired outcomes for 
each country; 
(4) a review of trends over the last five years, 
including changes in the numbers and locations of 
unparented children and the reasons for the 
changes, such as new refugee arrivals, growing num-
bers of children abandoned at birth, and decreases 
in number of children in institutions; 
(5) an overall analysis of highest priority situa-
tions of concern for unparented children, including 
analysis of whether the children are in a location 
that provides a cooperative environment for assist-
ance programming and intercountry adoptions; 
(6) a description of how intercountry adoption 
and refugee resettlement for unparented refugee 
children has played a role in each country over the 
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last 10 years and the current status of such pro-
grams, including analysis of the situation with re-
spect to the Hague Adoption Convention and how 
the Convention has affected intercountry adoptions 
from the country; 
(7) aggregate reporting on intercountry adop-
tions to the United States, distinguishing between 
Convention adoptions and non-Convention adoptions 
and including— 
(A) the total number of intercountry adop-
tions involving immigration to the United 
States by year over the past 10 years and pro-
jected data for the next fiscal year, distin-
guishing between Convention and non-Conven-
tion adoptions, including aggregate data on the 
country from which each child emigrated, the 
State of residence of the adoptive parents, and 
the country in which the adoption was finalized; 
(B) the number of intercountry adoptions 
involving emigration from the United States, re-
gardless of whether the adoption occurred 
under the Convention and distinguishing be-
tween Convention and non-Convention adop-
tions, including the country to which each child 
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immigrated and the State from which each 
child emigrated; 
(C) the average time required for comple-
tion of the immigration portion of intercountry 
adoptions, distinguishing between Convention 
and non-Convention adoptions, 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 visa; 
and 
(D) the range of adoption fees charged in 
connection with intercountry adoptions involv-
ing immigration to the United States and the 
median of such fees; and 
(8) such additional information as may be re-
quested by members of the Committee on Foreign 
Relations of the Senate and the Committee on For-
eign Affairs of the House of Representatives. 
(c) CONSULTATIONS.—To the extent possible, des-
ignated 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 2 weeks before 
the Secretary of State submits the report required under 
subsection (a) to discuss the information described in sub-
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section (b). The substance of such consultations should be 
printed in the Congressional Record. 
(d) REPEAL.—Section 104 of the Intercountry Adop-
tion Act (42 U.S.C. 14914) is repealed. 
SEC. 202. COUNTRY REPORTS REGARDING SEVERE FORMS 
OF TRAFFICKING. 
Section 502B(h)(1)(B) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2304(h)(1)(B)) is amended by adding 
at the end the following: 
‘‘(x) What steps the government of that 
country has taken to reduce the number of chil-
dren living outside of family care. 
‘‘(xi) What steps the government of that 
country has taken to reduce the number of chil-
dren abused, neglected, or exploited.’’. 
TITLE 
III—PROMOTION 
OF 
A 
COMPREHENSIVE APPROACH 
FOR CHILDREN IN ADVER-
SITY 
SEC. 301. ESTABLISHMENT OF A USAID CENTER FOR EX-
CELLENCE FOR CHILDREN IN ADVERSITY. 
(a) CENTER FOR EXCELLENCE FOR CHILDREN IN 
ADVERSITY.— 
(1) IN GENERAL.—There is established within 
the United States Agency for International Develop-
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ment a Center of Excellence on Children in Adver-
sity. 
(2) COORDINATOR.—The Center for Excellence 
shall be headed by the Children in Adversity Coordi-
nator, who shall be appointed by the Secretary of 
State, in consultation with the Administrator of the 
United States Agency for International Develop-
ment. 
(3) 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-govern-
ment assistance to children in adversity and ensure 
that United States foreign assistance and develop-
ment programs are focused on the following objec-
tives: 
(A) The sound development of children 
through the integration of health, nutrition, and 
family support. 
(B) Supporting and enabling families to 
care for children through family preservation, 
reunification, and support of kinship care, 
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guardianship, and domestic and intercountry 
adoption. 
(C) Facilitating the efforts of national gov-
ernments and partners to prevent, respond to, 
and protect children from violence, exploitation, 
abuse, and neglect. 
(4) AUTHORITIES.—The Children in Adversity 
Coordinator, acting through nongovernmental orga-
nizations (including faith-based and community- 
based organizations), 
partner 
country 
finance, 
health, education, social welfare, and other min-
istries, and relevant executive branch agencies, is au-
thorized to— 
(A) operate internationally to carry out the 
programs and activities outlined in the Action 
Plan for Children in Adversity; 
(B) provide grants to, and enter into con-
tracts and cooperative agreements with, non-
governmental organizations (including faith- 
based organizations) to carry out this section; 
and 
(C) transfer and allocate United States 
Agency for International Development funds 
that have been appropriated for the purposes 
described in subparagraphs (A) and (B). 
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(5) FUNCTIONS.—In consultation with the As-
sistant Secretary of the Bureau of Children’s Affairs 
in the Department of State, the Children in Adver-
sity Coordinator shall, through the Center of Excel-
lence— 
(A) facilitate program and policy coordina-
tion related to the goals and objectives of the 
Action Plan for Children in Adversity among 
relevant executive branch agencies and non-
governmental organizations by auditing, moni-
toring, and evaluating such programs; 
(B) ensure that each relevant executive 
branch agency undertakes responsibility for ac-
tivities related primarily to those areas in which 
the agency has the greatest expertise, technical 
capability, and potential for success; 
(C) coordinate relevant executive branch 
agency activities related to the Action Plan for 
Children in Adversity; 
(D) establish due diligence criteria for all 
recipients of funds appropriated by the United 
States Government for assistance to children in 
adversity; and 
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(E) oversee the administration of the pri-
ority country demonstration program as de-
scribed in subsection (f). 
(6) ASSISTANCE.—The President is authorized 
to provide assistance, including through inter-
national, nongovernmental, or faith-based organiza-
tions, for programs in developing countries— 
(A) to increase the percentage of children 
achieving age-appropriate growth and develop-
mental milestones; 
(B) to increase the percentage of children 
under 5 years of age demonstrating secure at-
tachment with a primary caregiver; 
(C) to integrate health, nutrition, develop-
mental protections, and caregiving support for 
vulnerable children and their families; 
(D) to increase the percentage of children 
living within appropriate, permanent, safe, and 
protective family care, through family preserva-
tion and reunification, and through kinship 
care, guardianship, and domestic and inter-
country adoption, and to reduce the percentage 
of children living in institutions; 
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(E) to increase the percentage of families 
providing adequate nutrition, education oppor-
tunities, care, and protection for their children; 
(F) to reduce the percentage of children 
who experience violence, exploitation, abuse, 
and neglect; 
(G) to increase the percentage of children 
who receive appropriate care and protection 
after experiencing violence, exploitation, abuse, 
or neglect; 
(H) to increase public awareness that vio-
lence, exploitation, abuse, or neglect of children 
as unacceptable; 
(I) to increase the percentage of countries 
that ratify and implement relevant conventions 
or formally adopt internationally recognized 
principles, standards, and procedural safe-
guards to protect children from violence, exploi-
tation, abuse, and neglect; 
(J) to increase the percentage of children 
who have legal documentation and birth reg-
istration; 
(K) to increase the number of laws, poli-
cies, and practices in partner states that pro-
mote and strengthen child welfare and protec-
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tion at household, community, and national lev-
els is increased; 
(L) to increase national and local human 
resource capacity for child welfare and protec-
tion; 
(M) to increase the number of national and 
community systems effectively monitoring child 
welfare and protection concerns, programs, and 
outcomes; 
(N) to encourage and assist in the collec-
tion of data related to children outside of family 
care; 
(O) to increase the number of prevalence 
studies that measure and track trends in chil-
dren’s exposure to violence, exploitation, abuse, 
and neglect; 
(P) to increase the number of published 
outcome/impact evaluations on interventions to 
assist children outside of family care or mini-
mize exposure to violence, exploitation, abuse, 
and neglect that can be generalized to larger 
target groups; 
(Q) to increase the number of national 
governments and universities leading rigorous 
data collection, research, and monitoring and 
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evaluation studies related to child welfare and 
protection; and 
(R) to increase the number of United 
States Government-supported interventions for 
children in adversity designed using data from 
rigorous research methodologies. 
(b) MONITORING AND EVALUATION.— 
(1) ESTABLISHMENT
OF
SYSTEM.—To maxi-
mize the sustainable development impact of assist-
ance authorized under this section, and pursuant to 
the primary objective of the Action Plan for Chil-
dren in Adversity, the President shall establish a 
monitoring and evaluation system to measure the ef-
fectiveness of United States assistance to children in 
adversity. 
(2) REQUIREMENTS.—The monitoring and eval-
uation system shall— 
(A) be aligned with the objectives and out-
comes outlined by the Action Plan for Children 
in Adversity; and 
(B) provide a basis for recommendations 
for adjustments to the assistance provided 
under this part. 
(c) PRIORITY
COUNTRY
DEMONSTRATION
PRO-
GRAM.— 
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(1) IN
GENERAL.—The Administrator of the 
United States Agency for International Develop-
ment, in consultation with the Secretary of State, 
shall establish and carry out a priority country dem-
onstration program implementing the Action Plan 
for Children in Adversity over a period of 5 years in 
at least 6 countries. 
(2) PURPOSES.—The purposes of the programs 
established under subparagraph (1) shall be— 
(A) to demonstrate how research-based 
policies and programs to achieve the core objec-
tives of the Action Plan for Children in Adver-
sity can be successfully implemented on a na-
tional level; 
(B) to establish model programs that, once 
tested for efficacy, will be available for replica-
tion on a global basis; 
(C) to identify a comprehensive series of 
interventions which result in meeting the out-
comes and objectives of the Action Plan for 
Children in Adversity; and 
(D) to determine which in-country factors 
advance or negate the successful achievement of 
the outcomes and objectives of the action plan. 
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(3) CRITERIA
FOR
SELECTION
OF
COUN-
TRIES.—The criteria for selection of countries shall 
include— 
(A) magnitude and severity of the prob-
lems to be addressed; 
(B) partner country interest in participa-
tion in a comprehensive implementation of all 3 
goals of the Action Plan for Children in Adver-
sity, including, with respect to the second objec-
tive (Families First), expressed willingness to 
support the full complement of permanence so-
lutions (including family preservation, reunifica-
tion, kinship care, guardianship, and domestic 
and intercountry adoption), and commitments 
to support and allow monitoring and evaluation, 
as well as transparent reporting; 
(C) potential to leverage bilateral, multilat-
eral, and foundation investments; 
(D) potential to leverage other United 
States development investments; 
(E) regional diversity to maximize learning 
opportunities; and 
(F) level of economic development, with a 
focus on low- and middle-income countries. 
(d) REPEALS.— 
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(1) ASSISTANCE TO ORPHANS AND OTHER VUL-
NERABLE CHILDREN.—Section 135 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2152f) is re-
pealed. 
(2) ANNUAL REPORT.—Section 5 of the Assist-
ance for Orphans and Other Vulnerable Children in 
Developing Countries Act of 2005 (22 U.S.C. 
2152g) is hereby repealed. 
TITLE IV—FUNDING AND 
EFFECTIVE DATES 
SEC. 401. FUNDING. 
(a) PROHIBITION ON NEW APPROPRIATIONS.—No 
additional funds are authorized to be appropriated to 
carry out this Act and the amendments made by this Act. 
This Act and such amendments shall be carried out using 
amounts otherwise available for such purposes, including 
unobligated balances of funds made available to carry out 
activities under the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.). 
(b) LIMITATIONS ON USE OF FUNDS.— 
(1) UNITED
NATIONS.—No funds may be 
awarded to the United Nations or any of its subsidi-
aries. 
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(2) ADMINISTRATIVE
EXPENSES.—Not more 
than two percent of the amounts described in sub-
section (a) may be used for administrative expenses. 
(c) FOCUS
OF ASSISTANCE.—Assistance provided 
under this Act— 
(1) shall focus primarily on promoting inter-
national child welfare, as set forth in this Act, for 
all children in adversity; and 
(2) may be provided on such terms and condi-
tions as the President determines appropriate. 
SEC. 402. EFFECTIVE DATES. 
(a) EFFECTIVE UPON ENACTMENT.—Sections 104 
and 202 and titles III and IV shall take effect on the date 
of the enactment of this Act. 
(b) DELAYED EFFECTIVE DATE.—Sections 101, 
102, 103, and 201 shall take effect on the date that is 
1 year after the date of the enactment of this Act. 
Æ 
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