I 
113TH CONGRESS 
2D SESSION 
H. R. 4143 
To realign structures and reallocate resources in the Federal Government, 
in keeping with the core American belief that families are the best 
protection for children and the bedrock of any society, to bolster United 
States diplomacy and assistance targeted at ensuring that every child 
can grow up in a permanent, safe, nurturing, and loving family, and 
to strengthen intercountry adoption to the United States and around 
the world and ensure that it becomes a viable and fully developed option 
for providing families for children in need, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2014 
Ms. GRANGER (for herself, Ms. BASS, Mrs. BACHMANN, Mr. DIAZ-BALART, 
Mr. FRANKS of Arizona, Mr. OLSON, Mr. SENSENBRENNER, Mr. WOLF, 
Ms. EDDIE BERNICE JOHNSON of Texas, Mr. COOPER, Mr. LANGEVIN, 
Mr. HUIZENGA of Michigan, Mr. CARSON of Indiana, Mr. CONAWAY, Mr. 
SCHIFF, Mr. RICHMOND, Mr. TAKANO, Mr. BISHOP of New York, Ms. 
SCHWARTZ, Mr. BRALEY of Iowa, Mr. DOGGETT, Mrs. CAPITO, Mrs. 
BROOKS of Indiana, Mr. ISRAEL, Mr. ROKITA, Mr. COHEN, Ms. JACKSON 
LEE, Ms. BONAMICI, Mr. MCGOVERN, Mr. NUNNELEE, Ms. KUSTER, Mr. 
FORBES, and Mr. MURPHY of Florida) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To realign structures and reallocate resources in the Federal 
Government, in keeping with the core American belief 
that families are the best protection for children and 
the bedrock of any society, to bolster United States diplo-
macy and assistance targeted at ensuring that every child 
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can grow up in a permanent, safe, nurturing, and loving 
family, and to strengthen intercountry adoption to the 
United States and around the world and ensure that 
it becomes a viable and fully developed option for pro-
viding families for children in need, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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 Families First Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purposes. 
Sec. 3. Definitions. 
TITLE I—REALIGNMENT OF CERTAIN INTERNATIONAL CHILD 
WELFARE RESPONSIBILITIES AND FUNCTIONS 
Sec. 101. Establishment of Bureau of Vulnerable Children and Family Security 
in the Department of State. 
Sec. 102. Responsibilities of U.S. Citizenship and Immigration Services for ac-
creditation of adoption service providers. 
Sec. 103. Transfer of functions and savings provisions. 
Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for 
adoption-related case processing. 
TITLE II—ANNUAL REPORTING 
Sec. 201. Annual report on children living without families. 
Sec. 202. Country reports regarding severe forms of trafficking. 
TITLE III—PROMOTION OF A COMPREHENSIVE APPROACH FOR 
CHILDREN IN ADVERSITY 
Sec. 301. Establishment of a USAID Center for Excellence for Children in Ad-
versity. 
TITLE IV—FUNDING AND EFFECTIVE DATES 
Sec. 401. Funding. 
Sec. 402. Effective dates. 
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SEC. 2. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The people of the United States recognize 
and believe that children must grow up in perma-
nent, safe, and nurturing families in order to develop 
and thrive. 
(2) Science now proves conclusively that chil-
dren suffer immediate, lasting, and in many cases ir-
reversible damage from time spent living in institu-
tions or outside of families, including reduced brain 
activity, reduced IQ, smaller brain size, and inability 
to form emotional bonds with others. 
(3) Governments in other countries seek models 
that promote the placement of children who are liv-
ing outside family care in permanent, safe, and nur-
turing families, rather than in foster care or institu-
tions, but many governments lack the resources or 
infrastructure to adequately address this need. 
(4) Despite the good efforts of countless gov-
ernments and nongovernmental organizations, mil-
lions of children remain uncounted and outside of 
the protection, nurturing care, permanence, safety, 
and love of a family. Without the care of a family, 
these children are forced to live on the streets, in in-
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stitutions, in paid foster care, in child-headed house-
holds, in group homes, or as household servants. 
(5) No reliable data currently exists to define 
and document the number and needs of children in 
the world currently living without families, but avail-
able evidence demonstrates that there are millions of 
children in this situation needing immediate help. 
(6) The December 2012 Action Plan for Chil-
dren in Adversity commits the United States Gov-
ernment to achieving a world in which all children 
grow up within protective family care and free from 
deprivation, exploitation, and danger. To effectively 
and efficiently accomplish this goal, it is necessary 
to realign the United States Government’s current 
operational system for assisting orphans and vulner-
able children, and processing intercountry adoptions. 
(7) All options for providing appropriate, pro-
tective, and permanent family care to children living 
without families must be considered concurrently 
and permanent solutions must be put in place as 
quickly as possible. Solutions include family preser-
vation and reunification, kinship care, guardianship, 
domestic and intercountry adoption, and other cul-
turally acceptable forms of care that will result in 
appropriate, protective, and permanent family care. 
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Preference should be given to options that optimize 
child best interests, which generally means options 
which provide children with fully protected legal sta-
tus and parents with full legal status as parents, in-
cluding full parental rights and responsibilities. The 
principle of subsidiarity, which gives preference to 
in-country 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 interest and providing appropriate, pro-
tective, 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. 
(8) Significant resources are already dedicated 
to international assistance for orphans and vulner-
able children, and a relatively small portion of these 
resources can be reallocated to achieve more timely, 
effective, nurturing, and permanent familial solu-
tions for children living without families, resulting in 
fewer children worldwide living in institutions or on 
the streets, more families preserved or reunified, and 
increased domestic and international adoptions. 
(b) PURPOSES.—The purposes of this Act are— 
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(1) to support the core American value that 
families are the bedrock of any society; 
(2) to protect the fundamental human right of 
all children to grow up within the loving care of per-
manent, safe, and nurturing families; 
(3) to address a critical gap in United States 
foreign policy implementation by adjusting the Fed-
eral Government’s international policy and oper-
ational structures so that seeking permanent fami-
lies for children living without families receives more 
prominence, focus, and resources (through the re-
allocation of existing personnel and resources); 
(4) to harness the diplomatic and operational 
power of the United States Government in the inter-
national sphere by helping to identify and implement 
timely, permanent, safe, and nurturing familial solu-
tions for children living without families, including 
refugee or stateless children; 
(5) to ensure that intercountry adoption by 
United States citizens becomes a viable and fully de-
veloped option for creating permanent families for 
children who need them; 
(6) to protect against abuses of children, birth 
families, and adoptive parents involved in inter-
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country adoptions, and to ensure that such adop-
tions are in the individual child’s best interests; and 
(7) to harmonize and strengthen existing inter-
country adoption processes under United States 
law— 
(A) by ensuring that the same set of proce-
dures and criteria govern suitability and eligi-
bility determinations for prospective adoptive 
parents seeking to complete intercountry adop-
tions, whether or not the child is from a foreign 
state that is a party to the Hague Adoption 
Convention; and 
(B) by aligning the definitions of eligible 
child for Convention adoptions and non-Conven-
tion adoptions to the maximum extent possible. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ACTION PLAN FOR CHILDREN IN ADVER-
SITY.—The term ‘‘Action Plan for Children in Ad-
versity’’ means the policy document entitled ‘‘United 
States Government Action Plan on Children in Ad-
versity: A Framework for International Assistance: 
2012–2017’’, released on December 19, 2012. 
(2) APPROPRIATE, PROTECTIVE, AND
PERMA-
NENT FAMILY CARE.—The term ‘‘appropriate, pro-
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tective, and permanent family care’’ means a nur-
turing, lifelong, commitment to a child by an adult, 
or adults with parental roles and responsibilities 
that— 
(A) provides physical and emotional sup-
port; 
(B) provides the child with a sense of be-
longing; and 
(C) generally involves full legal recognition 
of the child’s status as child of the parents and 
of the parents’ rights and responsibilities re-
garding the child. 
(3) CENTRAL AUTHORITY.—The term ‘‘central 
authority’’ has the meaning given the term in sec-
tion 3 of the Intercountry Adoption Act of 2000 (42 
U.S.C. 14902). 
(4) CHILDREN IN ADVERSITY.—The term ‘‘chil-
dren in adversity’’ means children living inside or 
outside of family care who are deprived, excluded, 
vulnerable, or at risk for violence, abuse, exploi-
tation, or neglect. 
(5) CONVENTION ADOPTION.—The term ‘‘Con-
vention adoption’’ has the meaning given the term in 
section 3 of the Intercountry Adoption Act of 2000 
(42 U.S.C. 14902). 
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(6) CONVENTION COUNTRY.—The term ‘‘Con-
vention country’’ has the meaning given the term in 
section 3 of the Intercountry Adoption Act of 2000 
(42 U.S.C. 14902) and for which the Hague Adop-
tion Convention has entered into force. 
(7) GUARDIANSHIP.—The term ‘‘guardianship’’ 
means a permanent legal relationship between an 
adult and a child, whereby the adult is lawfully in-
vested with the power, and charged with the duty, 
of taking care of the child. While some forms of 
guardianship are not truly permanent, the form of 
guardianship referred to and supported under this 
Act is permanent guardianship. A Kefala order 
issued by a country that follows traditional Islamic 
law does not qualify as an adoption under United 
States law, but may be a form of guardianship in 
some circumstances. 
(8) HABITUAL RESIDENCE DETERMINATION.— 
The term ‘‘habitual residence determination’’ means 
a factual determination of where a prospective adop-
tive parent (or parents) resides and where the child 
resides for purposes of an intercountry adoption 
case. 
(9) HAGUE ADOPTION CONVENTION.—The term 
‘‘Hague Adoption Convention’’ means the Conven-
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tion of Protection of Children and Cooperation in 
Respect of Intercountry Adoption, concluded at The 
Hague May 29, 1993. 
(10) KINSHIP CARE.—The term ‘‘kinship care’’ 
means the full time care, nurturing, and protection 
of children by relatives, members of their tribes or 
clans, godparents, stepparents, or any adult who has 
a kinship bond with a child, so long as those persons 
have the capacity and commitment to function as 
true parents for the child on a permanent basis. It 
does not include paid kinship foster care. 
(11) NON-CONVENTION ADOPTION.—The term 
‘‘non-Convention adoption’’ means— 
(A) an adoption by United States parents 
of a child from a non-Convention country in ac-
cordance with subparagraph (F) of section 
101(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)(1)); 
(B) an adoption by United States parents 
of a child under the laws of the child’s country 
of origin (generally when the parents are living 
in the child’s country of origin and therefore 
able legally to complete a domestic adoption); or 
(C) in certain circumstances (generally 
with respect to relative adoptions or adoptions 
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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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(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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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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