117 S3280 IS: Children in Family Security Act of 2021
U.S. Senate
2021-11-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
117th CONGRESS
1st Session
S. 3280
IN THE SENATE OF THE UNITED STATES
November 30, 2021
Mr. Blunt (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
A BILL
To establish the Office of Children in Family Security and an Ambassador at Large for Children in Family Security, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Children in Family Security Act of 2021”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I—Office of Children in Family Security and Ambassador at Large for Children in Family Security
Sec. 101. Office of Children in Family Security.
Sec. 102. Ambassador at Large for Children in Family Security.
Sec. 103. Amendments to the Intercountry Adoption Act of 2000.
Sec. 104. Amendment to the Immigration and Nationality Act.
TITLE II—Supporting children in adversity
Sec. 201. Special Advisor for Children in Adversity.
Sec. 202. Coordination with the Office of Children in Family Security.
TITLE III—Funding; rules of construction; effective date
Sec. 301. Funding.
Sec. 302. Rules of construction.
Sec. 303. Effective date of title I.
2.

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

Definitions
In this Act:
(1)

Adoption
The term adoption means—
(A)
adoptions within the United States; and
(B)
intercountry adoptions.
(2)

Ambassador
The term “Ambassador” means the Ambassador at Large for Children in Family Security established under section 102(a) of this Act.
(3)

Central authority
The term central authority has the meaning given such term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).
(4)

Child welfare system
The term “child welfare system” means a group of services designed to promote the well-being of children by ensuring safety, achieving permanency, and strengthening families.
(5)

Children in adversity
The term children in adversity means individuals who—
(A)
have not attained 18 years of age; and
(B)
are experiencing conditions of serious deprivation and danger, including individuals who are—
(i)
living without, or at risk of living without, family care;
(ii)
experiencing violence;
(iii)
affected by, or emerging from, armed conflict or humanitarian crises;
(iv)
living with disabilities;
(v)
orphans; or
(vi)
otherwise vulnerable, including because of human immunodeficiency virus and acquired immunodeficiency syndrome (commonly known as “HIV/AIDS”), acute illness, or premature birth.
(6)

Convention country
The term “Convention country” means a country that is a party to the Hague Adoption Convention.
(7)

Family care
The term family care refers to adoption, family preservation, reunification, foster care, guardianship, or kinship care.
(8)

Family-like group home
The term family-like group home means an arrangement in which a child is placed in a home—
(A)
that houses a limited number of children; and
(B)
in which personalized caretaking is provided only by one or more caregivers.
(9)

Family preservation
The term family preservation means measures taken to keep a child within the care of his or her parent or parents.
(10)

Foster care
The term foster care means an arrangement in which a child is placed with at least 1 adult—
(A)
who is not a relative;
(B)
with whom the child does not have an emotionally significant relationship; and
(C)
who has been authorized by a child welfare system to provide full-time care for the child on a temporary basis.
(11)

Guardianship
(A)

In general
The term guardianship means a permanent legal relationship between an adult and a child, in which the adult is lawfully vested with the power and charged with the duty of taking care of the child.
(B)

Kinship care; kefala order
The terms “Kefala order”, which is issued by a country that follows traditional Islamic law, and “kinship care” include relationships that may not qualify as permanent legal relationships under United States law, but may be considered forms of guardianship if such relationships are considered appropriate under the circumstances of a foreign child welfare system.
(12)

Hague adoption convention
The term Hague Adoption Convention means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993.
(13)

Institutional care
The term institutional care means care for children provided in a public or private residential setting that is—
(A)
not family care;
(B)
staffed by salaried or volunteer caregivers working pre-determined hours or shifts; and
(C)
a collective living arrangement, including—
(i)
orphanages;
(ii)
places of safety or transit centers for emergency care used primarily as an alternative to family care;
(iii)
children’s homes;
(iv)
children’s villages or cottage complexes; and
(v)
boarding schools or hospitals used primarily as an alternative to family care.
(14)

Interim placement
The term interim placement means foster care or kinship care.
(15)

Kinship care
The term kinship care means an arrangement in which a child is placed with at least 1 adult who—
(A)
is a relative, a member of a Tribe or clan, or related by marriage, or has an emotionally significant relationship with the child; and
(B)
has been authorized by a child welfare system to provide full-time care for the child on a temporary basis.
(16)

Office
The term “Office” means the Office of Children in Family Security established under section 101(a) of this Act.
(17)

Reunification
The term reunification means the transition of a child, after being separated from parental care, into the care or custody of the parent or parents of such child, including the provision of access to appropriate services and support that follows reunification and addresses the reason for the initial separation.
(18)

Special advisor
The term Special Advisor means the Special Advisor for Children in Adversity appointed pursuant to section 135(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f(e)), as amended by section 201(4).
I

Office of Children in Family Security and Ambassador at Large for Children in Family Security
101.

Office of Children in Family Security
(a)

Establishment
There is established, within the Office of the Secretary of State, the Office of Children in Family Security.
(b)

Responsibilities
(1)

Eligibility to participate in intercountry adoptions
(A)

In general
The Director, in consultation with other offices of the Department of State and the Department of Homeland Security, shall determine, based on standardized criteria, whether—
(i)
a Convention country has met its obligations under the Hague Adoption Convention; and
(ii)
such country is eligible to participate in intercountry adoptions in accordance with United States law.
(B)

Notice
Not later than 30 days before the effective date of a determination under subparagraph (A), except as otherwise provided by the Office for good cause found and published with the determination, the Director shall publish a general notice in the Federal Register of such determination, which shall include—
(i)
a statement of the time, place, and nature of the determination;
(ii)
a reference to the specific legal authority under which the determination is made; and
(iii)
the terms or substance of the determination or a description of the subjects and issues involved in making the determination.
(C)

Public comment
After each notice is published in accordance with subparagraph (B), the public shall have an opportunity to submit written data, views, or arguments, with or without opportunity for oral presentation, regarding the determination that was the subject of such notice.
(D)

General statement
After considering the data, views, and arguments submitted in accordance with subparagraph (C), the Director shall incorporate in the determination a concise general statement of the basis and purpose of such determination.
(2)

Development of procedures and criteria
The Director, in coordination with U.S. Citizenship and Immigration Services, shall develop a set of procedures and criteria that—
(A)
governs suitability and eligibility determinations for prospective adoptive parents seeking to adopt internationally, regardless of whether the child to be adopted is from a Convention country;
(B)
governs the determination of eligibility of a child for adoption, regardless of whether such child is from a Convention country; and
(C)
is consistent with the best interests of the child determination described in section 303(a)(1)(C) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14932(a)(1)(C)).
(3)

Divisions
There is established within the Office—
(A)
a division for executing oversight responsibilities of the Hague Adoption Convention, including the obligations of—
(i)
the Ambassador at Large for Children in Family Security (referred to in this paragraph as the “Ambassador”); and
(ii)
the Office of Children's Issues of the Department of State;
(B)
a division for executing bilateral responsibilities of the Hague Adoption Convention, including—
(i)
executing the obligations of the Ambassador and the Office described in titles I, III, IV, and V of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.), as amended by this Act, except for the obligations expressly assigned to the Ambassador under section 102(c)(3)(C) of this Act;
(ii)
transmitting any intercountry adoption-related case information received from the central authority of another Convention country to the Secretary of Homeland Security, upon the request of the Secretary of Homeland Security; and
(iii)
transmitting any intercountry adoption-related case information requested by the Secretary of Homeland Security to the central authority of another Convention country; and
(C)
a division for promoting best practices for foreign child welfare systems, which shall advise foreign child welfare systems, on such terms and conditions as the Ambassador deems appropriate, regarding—
(i)
drafting, disseminating, and implementing legislation, regulations, policies, procedures, and other governmental measures;
(ii)
establishing public, private, and faith- and community-based partnerships;
(iii)
developing workforce training for governmental and nongovernmental staff; and
(iv)
identifying and documenting the number and needs of children who are living without, or are at risk of living without, family care.
(c)

Director
(1)

In general
The Office shall be headed by a Director who shall be appointed by the Secretary of State.
(2)

Qualifications for appointment
The Director shall have—
(A)
a strong professional background in consular affairs;
(B)
personal experience in international adoptions; or
(C)
professional experience in international adoptions or child services.
(3)

Responsibilities
The Director shall—
(A)
oversee the Office and its divisions; and
(B)
ensure long-term continuity in the management and policy matters of the Office.
(d)

Records
Not later than 1 year after the date of establishment of the Office, and annually thereafter, the Director shall submit to Congress, with any other relevant annual report mandated by law—
(1)
a description of the implementation of subsection (b)(3)(C);
(2)
a record of the date of consultation and the agency consulted pursuant to subsection (b)(1)(A);
(3)
a record of the date of consultation or coordination and the agency with which the Office consulted or coordinated pursuant to section 102(c)(3); and
(4)
a record of the date of coordination and the agency with which the Office coordinated pursuant to section 102(c)(4).
102.

Ambassador at Large for Children in Family Security
(a)

Establishment
There is established, within the Office of the Secretary of State, an Ambassador at Large for Children in Family Security, who shall be appointed by the President, by and with the advice and consent of the Senate.
(b)

Qualifications
The Ambassador shall—
(1)
have experience in advocating in foreign countries for the development and implementation of laws, regulations, policies, and procedures that reflect the policy described in section 2; and
(2)
be knowledgeable of, and committed to, promoting the policy described in section 2.
(c)

Responsibilities
The Ambassador shall—
(1)
advocate for laws, regulations, policies, and procedures that reflect the policy described in section 2;
(2)
report directly to the Secretary of State and serve as a primary advisor to the President in all matters relevant to children in foreign countries who are living without family care or are at risk of living without family care;
(3)
subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Administrator of the United States Agency for International Development, the Secretary of Homeland Security, and the Special Advisor, represent the United States in matters relevant to children in foreign countries who are living without, or are at risk of living without, family care—
(A)
in contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, specialized agencies of the United Nations, and other international organizations of which the United States is a member; and
(B)
in multilateral conferences and meetings; and
(4)
coordinate with the Secretary of Homeland Security, the Administrator of the United States Agency for International Development, and the Special Advisor to maintain consistency in United States foreign policy and operations with respect to children in foreign countries who are living without, or are at risk of living without, family care.
103.

Amendments to the Intercountry Adoption Act of 2000
The Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.) is amended—
(1)
in section 3 (42 U.S.C. 14902)—
(A)
by amending paragraph (16) to read as follows:
“(16)

Ambassador
The term Ambassador means the Ambassador at Large for Children in Family Security established under section 102 of the Children in Families Act of 2021.”;
(B)
by redesignating paragraph (17) as paragraph (18); and
(C)
by inserting after paragraph (16) the following:
“(17)

Office
The term Office means the Office of Children in Family Security established under section 101 of the Children in Families Act of 2021.”;
(2)
by amending section 101 (42 U.S.C. 14911) to read as follows:
“101.

Designation of central authority
(a)

In general
For purposes of the Convention and this Act—
(1)
the Office shall serve as the central authority of the United States; and
(2)
the Ambassador shall serve as the head of the central authority of the United States.
(b)

Performance of central authority functions
Except as otherwise provided in this Act, the Office shall be responsible for the performance of all central authority functions for the United States under the Convention and this Act.
(c)

Qualifications for Office personnel
All personnel of the Office performing central authority functions shall have—
(1)
a strong background in consular affairs;
(2)
personal experience in international adoptions; or
(3)
professional experience in international adoptions or child services.
(d)

Authority of Ambassador
Except as otherwise provided in this Act, the Ambassador may prescribe such regulations as may be necessary to carry out central authority functions on behalf of the United States.”;
(3)
in sections 102, 104, 202, 203, 204, 303, 401, 403, and 503, by striking “Secretary” in each place such term appears and inserting “Ambassador”;
(4)
in section 204 (42 U.S.C. 14924)—
(A)
in the section heading, by striking “Secretarial oversight of accreditation and approval” and inserting “Oversight of accreditation and approval”;
(B)
in subsection (b)(1), in the paragraph heading, by striking “Secretary’s authority” and inserting “Authority”;
(C)
in subsection (c)(1), in the paragraph heading, by striking “Secretary’s authority” and inserting “Authority”; and
(D)
in subsection (c)(2), by striking “Secretary’s debarment” and inserting “debarment”;
(5)
in section 301 (42 U.S.C. 14931)—
(A)
in subsection (a)(1)—
(i)
by striking “, if the Secretary of State—” and inserting “if the Office—”; and
(ii)
in subparagraph (B) by striking “Act” and inserting “chapter”; and
(B)
in subsections (b) and (c), by striking “the Secretary of State” in each place such term appears and inserting “the Ambassador”;
(6)
in section 303 (42 U.S.C. 14933), by striking “the Secretary of State” in each place such term appears and inserting “the Ambassador”; and
(7)
in section 403 (42 U.S.C. 14943), by amending subsection (b)(3) to read as follows:
“(b)

Assessment of Fees
(1)

In general
The Ambassador may charge a fee for new or enhanced services that will be undertaken by the Office to meet the requirements of this Act with respect to—
(A)
intercountry adoptions under the Convention; and
(B)
comparable services with respect to other intercountry adoptions.
(2)

Fees
Any fee charged in accordance with paragraph (1)—
(A)
shall be prescribed by regulation and shall not exceed the cost of such services; and
(B)
shall be retained and deposited as an offsetting collection to any appropriation for the Office to recover the costs of providing such services.”.
104.

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

Supporting children in adversity
201.

Special Advisor for Children in Adversity
Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f) is amended—
(1)
in subsection (b)—
(A)
by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
(B)
by inserting after paragraph (2) the following:
“(3)

Children in adversity
The term children in adversity means children who are experiencing conditions of serious deprivation and danger, including children who are—
(A)
living without, or at risk of living without, family care;
(B)
experiencing violence;
(C)
affected by, or emerging from, armed conflict or humanitarian crises;
(D)
living with disabilities;
(E)
orphans; or
(F)
otherwise vulnerable, including because of HIV/AIDS, acute illness, or premature birth.” ;
(2)
in subsection (c)—
(A)
by striking “orphans and other vulnerable children” each place such phrase appears and inserting “children in adversity”; and
(B)
in paragraph (5), by striking “orphans, other vulnerable children,” and inserting “children in adversity”;
(3)
in subsection (d)(1), by striking “orphans and other vulnerable children.” and inserting “children in adversity.”; and
(4)
in subsection (e)—
(A)
in the subsection heading, by striking “Special Advisor for Assistance to Orphans and Vulnerable Children” and inserting “Special Advisor for Children in Adversity”;
(B)
in paragraphs (1) and (2), by striking “Special Advisor for Assistance to Orphans and Vulnerable Children” each place such phrase appears and inserting “Special Advisor for Children in Adversity”; and
(C)
in paragraph (2), by striking “orphans and other vulnerable children” each place such phrase appears and inserting “children in adversity”.
202.

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

Funding; rules of construction; effective date
301.

Funding
(a)

In general
This Act, and the amendments made by this Act, shall be carried out using appropriations authorized under section 403 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14943) and using amounts otherwise available for the purposes of this Act, including unobligated balances of funds appropriated to carry out activities under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). Nothing in this Act may be construed as prohibiting the appropriation of funds to carry out this Act or any amendments made by this Act.
(b)

Limitations on use of funds
No funds obligated or appropriated in accordance with this Act may be provided for advocating for building, renovating, or refurbishing residential facilities that provide institutional care or family-like group homes.
302.

Rules of construction
Nothing in this Act may be construed—
(1)
to preclude advocacy for the provision of funds obligated or appropriations for in-kind assistance, stipends, or subsidies for the care of children in adversity, children with disabilities, or other children requiring increased levels of care, including children with chronic antisocial behavior, emotional disturbance, and delinquency;
(2)
to be related to locations such as correctional facilities to the extent that the situation of the children concerned, the deprivation of liberty consequent to alleged or proven violation of the law, is covered by juvenile justice standards;
(3)
to abrogate or amend the meaning of “residential care” as defined in section 137(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152k); or
(4)
to be related to any provision of Federal law or regulation regarding international abduction in effect at the date of the enactment of this Act.
303.

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