Children in Family Security Act of 2021
This bill modifies provisions related to U.S. activities to address foreign child welfare issues.
The bill establishes the Office of Children in Family Security in the Department of State. The office's responsibilities shall include (1) determining whether a country that is a party to the Hague Adoption Convention has met its obligations under the convention, (2) determining whether such a country is eligible under U.S. law to participate in intercountry adoptions, and (3) developing procedures and criteria related to international adoptions.
The bill also establishes the position of Ambassador at Large for Children in Family Security. The position's responsibilities shall include (1) advocating for laws, regulations, policies, and procedures that reflect U.S. policy on international child welfare issues; (2) serving as the primary advisor to the President in matters relevant to children in foreign countries living without family care (or at risk of living without family care); and (3) representing the United States in such matters.
The bill transfers various authorities and responsibilities related to international adoption from the State Department to the office and the ambassador at large.
The bill also modifies provisions authorizing assistance to orphans and vulnerable children in foreign countries to authorize such assistance for children in adversity in foreign countries, which shall include children who are (1) living without family care, (2) experiencing violence, or (3) living with disabilities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3280 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3280
To establish the Office of Children in Family Security and an
Ambassador at Large for Children in Family Security, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2021
Mr. Blunt (for himself and Ms. Klobuchar) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To establish the Office of Children in Family Security and an
Ambassador at Large for Children in Family Security, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children in Family
Security Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I--OFFICE OF CHILDREN IN FAMILY SECURITY AND AMBASSADOR AT LARGE
FOR CHILDREN IN FAMILY SECURITY
Sec. 101. Office of Children in Family Security.
Sec. 102. Ambassador at Large for Children in Family Security.
Sec. 103. Amendments to the Intercountry Adoption Act of 2000.
Sec. 104. Amendment to the Immigration and Nationality Act.
TITLE II--SUPPORTING CHILDREN IN ADVERSITY
Sec. 201. Special Advisor for Children in Adversity.
Sec. 202. Coordination with the Office of Children in Family Security.
TITLE III--FUNDING; RULES OF CONSTRUCTION; EFFECTIVE DATE
Sec. 301. Funding.
Sec. 302. Rules of construction.
Sec. 303. Effective date of title I.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should be a source of
support and encouragement for foreign child welfare systems
interested in transitioning from institutional care to family
care, according to the best interests of the child living
without, or at risk of living without, family care;
(2) a foreign child welfare system that reflects the best
interests of a child living without, or at risk of living
without, family care should--
(A) while keeping siblings together whenever
possible--
(i) prioritize family preservation or
reunification;
(ii) when family preservation or
reunification is not possible, ensure the
timely provision of adoption or guardianship;
and
(iii) use interim placement of foster care
or kinship care if--
(I) such placement is immediately
available; and
(II) there are ongoing efforts to
transition the child to the other forms
of family care described in clauses (i)
and (ii);
(B) provide assistance for children with
disabilities, who are disproportionately
institutionalized, including--
(i) payment and support to adults providing
family care; and
(ii) any other available assistance that
promotes the welfare of such children; and
(C)(i) not rely on institutional care; or
(ii) if institutional care is currently relied
upon, work to transition children to family care;
(3) children should grow up with permanent, safe, and
nurturing families;
(4) many children do not have such families;
(5) institutional care--
(A) is used throughout the world to assist the
millions of children who are without family care, but
such care does not reflect the best interests of such
children; and
(B) presents the risk of neurological and
psychological harm to children, especially infants and
children with disabilities;
(6) there are children living in institutional care who
have at least 1 living parent who would otherwise take care of
them if the parent could meet the needs of such children;
(7) some foreign governments lack the resources or
infrastructure to adequately develop a child welfare system
that reflects the best interests of children living without
family care and children at risk of living without family care;
(8) the United States can assist children around the world
who are living without family care or who are at risk of living
without family care by advocating for and providing technical
assistance related to the implementation of laws, regulations,
policies, and procedures that--
(A) reflect the best interests of such children in
a child welfare system of a foreign government; and
(B) ensure that intercountry adoption is a viable
and fully developed option; and
(9) the implementation of United States foreign policy can
be enhanced by providing the assistance described in paragraph
(8) when--
(A) such assistance serves the foreign policy
interests of the United States; and
(B) a foreign government lacking the resources or
infrastructure described in paragraph (7) seeks such
assistance from the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adoption.--The term ``adoption'' means--
(A) adoptions within the United States; and
(B) intercountry adoptions.
(2) Ambassador.--The term ``Ambassador'' means the
Ambassador at Large for Children in Family Security established
under section 102(a) of this Act.
(3) Central authority.--The term ``central authority'' has
the meaning given such term in section 3 of the Intercountry
Adoption Act of 2000 (42 U.S.C. 14902).
(4) Child welfare system.--The term ``child welfare
system'' means a group of services designed to promote the
well-being of children by ensuring safety, achieving
permanency, and strengthening families.
(5) Children in adversity.--The term ``children in
adversity'' means individuals who--
(A) have not attained 18 years of age; and
(B) are experiencing conditions of serious
deprivation and danger, including individuals who are--
(i) living without, or at risk of living
without, family care;
(ii) experiencing violence;
(iii) affected by, or emerging from, armed
conflict or humanitarian crises;
(iv) living with disabilities;
(v) orphans; or
(vi) otherwise vulnerable, including
because of human immunodeficiency virus and
acquired immunodeficiency syndrome (commonly
known as ``HIV/AIDS''), acute illness, or
premature birth.
(6) Convention country.--The term ``Convention country''
means a country that is a party to the Hague Adoption
Convention.
(7) Family care.--The term ``family care'' refers to
adoption, family preservation, reunification, foster care,
guardianship, or kinship care.
(8) Family-like group home.--The term ``family-like group
home'' means an arrangement in which a child is placed in a
home--
(A) that houses a limited number of children; and
(B) in which personalized caretaking is provided
only by one or more caregivers.
(9) Family preservation.--The term ``family preservation''
means measures taken to keep a child within the care of his or
her parent or parents.
(10) Foster care.--The term ``foster care'' means an
arrangement in which a child is placed with at least 1 adult--
(A) who is not a relative;
(B) with whom the child does not have an
emotionally significant relationship; and
(C) who has been authorized by a child welfare
system to provide full-time care for the child on a
temporary basis.
(11) Guardianship.--
(A) In general.--The term ``guardianship'' means a
permanent legal relationship between an adult and a
child, in which the adult is lawfully vested with the
power and charged with the duty of taking care of the
child.
(B) Kinship care; kefala order.--The terms ``Kefala
order'', which is issued by a country that follows
traditional Islamic law, and ``kinship care'' include
relationships that may not qualify as permanent legal
relationships under United States law, but may be
considered forms of guardianship if such relationships
are considered appropriate under the circumstances of a
foreign child welfare system.
(12) Hague adoption convention.--The term ``Hague Adoption
Convention'' means the Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption, done at The
Hague May 29, 1993.
(13) Institutional care.--The term ``institutional care''
means care for children provided in a public or private
residential setting that is--
(A) not family care;
(B) staffed by salaried or volunteer caregivers
working pre-determined hours or shifts; and
(C) a collective living arrangement, including--
(i) orphanages;
(ii) places of safety or transit centers
for emergency care used primarily as an
alternative to family care;
(iii) children's homes;
(iv) children's villages or cottage
complexes; and
(v) boarding schools or hospitals used
primarily as an alternative to family care.
(14) Interim placement.--The term ``interim placement''
means foster care or kinship care.
(15) Kinship care.--The term ``kinship care'' means an
arrangement in which a child is placed with at least 1 adult
who--
(A) is a relative, a member of a Tribe or clan, or
related by marriage, or has an emotionally significant
relationship with the child; and
(B) has been authorized by a child welfare system
to provide full-time care for the child on a temporary
basis.
(16) Office.--The term ``Office'' means the Office of
Children in Family Security established under section 101(a) of
this Act.
(17) Reunification.--The term ``reunification'' means the
transition of a child, after being separated from parental
care, into the care or custody of the parent or parents of such
child, including the provision of access to appropriate
services and support that follows reunification and addresses
the reason for the initial separation.
(18) Special advisor.--The term ``Special Advisor'' means
the Special Advisor for Children in Adversity appointed
pursuant to section 135(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2152f(e)), as amended by section 201(4).
TITLE I--OFFICE OF CHILDREN IN FAMILY SECURITY AND AMBASSADOR AT LARGE
FOR CHILDREN IN FAMILY SECURITY
SEC. 101. OFFICE OF CHILDREN IN FAMILY SECURITY.
(a) Establishment.--There is established, within the Office of the
Secretary of State, the Office of Children in Family Security.
(b) Responsibilities.--
(1) Eligibility to participate in intercountry adoptions.--
(A) In general.--The Director, in consultation with
other offices of the Department of State and the
Department of Homeland Security, shall determine, based
on standardized criteria, whether--
(i) a Convention country has met its
obligations under the Hague Adoption
Convention; and
(ii) such country is eligible to
participate in intercountry adoptions in
accordance with United States law.
(B) Notice.--Not later than 30 days before the
effective date of a determination under subparagraph
(A), except as otherwise provided by the Office for
good cause found and published with the determination,
the Director shall publish a general notice in the
Federal Register of such determination, which shall
include--
(i) a statement of the time, place, and
nature of the determination;
(ii) a reference to the specific legal
authority under which the determination is
made; and
(iii) the terms or substance of the
determination or a description of the subjects
and issues involved in making the
determination.
(C) Public comment.--After each notice is published
in accordance with subparagraph (B), the public shall
have an opportunity to submit written data, views, or
arguments, with or without opportunity for oral
presentation, regarding the determination that was the
subject of such notice.
(D) General statement.--After considering the data,
views, and arguments submitted in accordance with
subparagraph (C), the Director shall incorporate in the
determination a concise general statement of the basis
and purpose of such determination.
(2) Development of procedures and criteria.--The Director,
in coordination with U.S. Citizenship and Immigration Services,
shall develop a set of procedures and criteria that--
(A) governs suitability and eligibility
determinations for prospective adoptive parents seeking
to adopt internationally, regardless of whether the
child to be adopted is from a Convention country;
(B) governs the determination of eligibility of a
child for adoption, regardless of whether such child is
from a Convention country; and
(C) is consistent with the best interests of the
child determination described in section 303(a)(1)(C)
of the Intercountry Adoption Act of 2000 (42 U.S.C.
14932(a)(1)(C)).
(3) Divisions.--There is established within the Office--
(A) a division for executing oversight
responsibilities of the Hague Adoption Convention,
including the obligations of--
(i) the Ambassador at Large for Children in
Family Security (referred to in this paragraph
as the ``Ambassador''); and
(ii) the Office of Children's Issues of the
Department of State;
(B) a division for executing bilateral
responsibilities of the Hague Adoption Convention,
including--
(i) executing the obligations of the
Ambassador and the Office described in titles
I, III, IV, and V of the Intercountry Adoption
Act of 2000 (42 U.S.C. 14901 et seq.), as
amended by this Act, except for the obligations
expressly assigned to the Ambassador under
section 102(c)(3)(C) of this Act;
(ii) transmitting any intercountry
adoption-related case information received from
the central authority of another Convention
country to the Secretary of Homeland Security,
upon the request of the Secretary of Homeland
Security; and
(iii) transmitting any intercountry
adoption-related case information requested by
the Secretary of Homeland Security to the
central authority of another Convention
country; and
(C) a division for promoting best practices for
foreign child welfare systems, which shall advise
foreign child welfare systems, on such terms and
conditions as the Ambassador deems appropriate,
regarding--
(i) drafting, disseminating, and
implementing legislation, regulations,
policies, procedures, and other governmental
measures;
(ii) establishing public, private, and
faith- and community-based partnerships;
(iii) developing workforce training for
governmental and nongovernmental staff; and
(iv) identifying and documenting the number
and needs of children who are living without,
or are at risk of living without, family care.
(c) Director.--
(1) In general.--The Office shall be headed by a Director
who shall be appointed by the Secretary of State.
(2) Qualifications for appointment.--The Director shall
have--
(A) a strong professional background in consular
affairs;
(B) personal experience in international adoptions;
or
(C) professional experience in international
adoptions or child services.
(3) Responsibilities.--The Director shall--
(A) oversee the Office and its divisions; and
(B) ensure long-term continuity in the management
and policy matters of the Office.
(d) Records.--Not later than 1 year after the date of establishment
of the Office, and annually thereafter, the Director shall submit to
Congress, with any other relevant annual report mandated by law--
(1) a description of the implementation of subsection
(b)(3)(C);
(2) a record of the date of consultation and the agency
consulted pursuant to subsection (b)(1)(A);
(3) a record of the date of consultation or coordination
and the agency with which the Office consulted or coordinated
pursuant to section 102(c)(3); and
(4) a record of the date of coordination and the agency
with which the Office coordinated pursuant to section
102(c)(4).
SEC. 102. AMBASSADOR AT LARGE FOR CHILDREN IN FAMILY SECURITY.
(a) Establishment.--There is established, within the Office of the
Secretary of State, an Ambassador at Large for Children in Family
Security, who shall be appointed by the President, by and with the
advice and consent of the Senate.
(b) Qualifications.--The Ambassador shall--
(1) have experience in advocating in foreign countries for
the development and implementation of laws, regulations,
policies, and procedures that reflect the policy described in
section 2; and
(2) be knowledgeable of, and committed to, promoting the
policy described in section 2.
(c) Responsibilities.--The Ambassador shall--
(1) advocate for laws, regulations, policies, and
procedures that reflect the policy described in section 2;
(2) report directly to the Secretary of State and serve as
a primary advisor to the President in all matters relevant to
children in foreign countries who are living without family
care or are at risk of living without family care;
(3) subject to the direction of the President and the
Secretary of State, and in consultation and coordination with
the Administrator of the United States Agency for International
Development, the Secretary of Homeland Security, and the
Special Advisor, represent the United States in matters
relevant to children in foreign countries who are living
without, or are at risk of living without, family care--
(A) in contacts with foreign governments,
nongovernmental organizations, intergovernmental
agencies, specialized agencies of the United Nations,
and other international organizations of which the
United States is a member; and
(B) in multilateral conferences and meetings; and
(4) coordinate with the Secretary of Homeland Security, the
Administrator of the United States Agency for International
Development, and the Special Advisor to maintain consistency in
United States foreign policy and operations with respect to
children in foreign countries who are living without, or are at
risk of living without, family care.
SEC. 103. AMENDMENTS TO THE INTERCOUNTRY ADOPTION ACT OF 2000.
The Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.) is
amended--
(1) in section 3 (42 U.S.C. 14902)--
(A) by amending paragraph (16) to read as follows:
``(16) Ambassador.--The term `Ambassador' means the
Ambassador at Large for Children in Family Security established
under section 102 of the Children in Families Act of 2021.'';
(B) by redesignating paragraph (17) as paragraph
(18); and
(C) by inserting after paragraph (16) the
following:
``(17) Office.--The term `Office' means the Office of
Children in Family Security established under section 101 of
the Children in Families Act of 2021.'';
(2) by amending section 101 (42 U.S.C. 14911) to read as
follows:
``SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.
``(a) In General.--For purposes of the Convention and this Act--
``(1) the Office shall serve as the central authority of
the United States; and
``(2) the Ambassador shall serve as the head of the central
authority of the United States.
``(b) Performance of Central Authority Functions.--Except as
otherwise provided in this Act, the Office shall be responsible for the
performance of all central authority functions for the United States
under the Convention and this Act.
``(c) Qualifications for Office Personnel.--All personnel of the
Office performing central authority functions shall have--
``(1) a strong background in consular affairs;
``(2) personal experience in international adoptions; or
``(3) professional experience in international adoptions or
child services.
``(d) Authority of Ambassador.--Except as otherwise provided in
this Act, the Ambassador may prescribe such regulations as may be
necessary to carry out central authority functions on behalf of the
United States.'';
(3) in sections 102, 104, 202, 203, 204, 303, 401, 403, and
503, by striking ``Secretary'' in each place such term appears
and inserting ``Ambassador'';
(4) in section 204 (42 U.S.C. 14924)--
(A) in the section heading, by striking
``secretarial oversight of accreditation and approval''
and inserting ``oversight of accreditation and
approval'';
(B) in subsection (b)(1), in the paragraph heading,
by striking ``Secretary's authority'' and inserting
``Authority'';
(C) in subsection (c)(1), in the paragraph heading,
by striking ``Secretary's authority'' and inserting
``Authority''; and
(D) in subsection (c)(2), by striking ``Secretary's
debarment'' and inserting ``debarment'';
(5) in section 301 (42 U.S.C. 14931)--
(A) in subsection (a)(1)--
(i) by striking ``, if the Secretary of
State--'' and inserting ``if the Office--'';
and
(ii) in subparagraph (B) by striking
``Act'' and inserting ``chapter''; and
(B) in subsections (b) and (c), by striking ``the
Secretary of State'' in each place such term appears
and inserting ``the Ambassador'';
(6) in section 303 (42 U.S.C. 14933), by striking ``the
Secretary of State'' in each place such term appears and
inserting ``the Ambassador''; and
(7) in section 403 (42 U.S.C. 14943), by amending
subsection (b)(3) to read as follows:
``(b) Assessment of Fees.--
``(1) In general.--The Ambassador may charge a fee for new
or enhanced services that will be undertaken by the Office to
meet the requirements of this Act with respect to--
``(A) intercountry adoptions under the Convention;
and
``(B) comparable services with respect to other
intercountry adoptions.
``(2) Fees.--Any fee charged in accordance with paragraph
(1)--
``(A) shall be prescribed by regulation and shall
not exceed the cost of such services; and
``(B) shall be retained and deposited as an
offsetting collection to any appropriation for the
Office to recover the costs of providing such
services.''.
SEC. 104. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.
Section 204(d)(2) of the Immigration and Nationality Act (8 U.S.C.
1154(d)(2)) is amended by striking ``Secretary of State'' and inserting
``Ambassador at Large for Children in Family Security''.
TITLE II--SUPPORTING CHILDREN IN ADVERSITY
SEC. 201. SPECIAL ADVISOR FOR CHILDREN IN ADVERSITY.
Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (3), (4), and (5)
as paragraphs (4), (5), and (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Children in adversity.--The term `children in
adversity' means children who are experiencing conditions of
serious deprivation and danger, including children who are--
``(A) living without, or at risk of living without,
family care;
``(B) experiencing violence;
``(C) affected by, or emerging from, armed conflict
or humanitarian crises;
``(D) living with disabilities;
``(E) orphans; or
``(F) otherwise vulnerable, including because of
HIV/AIDS, acute illness, or premature birth.'';
(2) in subsection (c)--
(A) by striking ``orphans and other vulnerable
children'' each place such phrase appears and inserting
``children in adversity''; and
(B) in paragraph (5), by striking ``orphans, other
vulnerable children,'' and inserting ``children in
adversity'';
(3) in subsection (d)(1), by striking ``orphans and other
vulnerable children.'' and inserting ``children in
adversity.''; and
(4) in subsection (e)--
(A) in the subsection heading, by striking
``special advisor for assistance to orphans and
vulnerable children'' and inserting ``special advisor
for children in adversity'';
(B) in paragraphs (1) and (2), by striking
``Special Advisor for Assistance to Orphans and
Vulnerable Children'' each place such phrase appears
and inserting ``Special Advisor for Children in
Adversity''; and
(C) in paragraph (2), by striking ``orphans and
other vulnerable children'' each place such phrase
appears and inserting ``children in adversity''.
SEC. 202. COORDINATION WITH THE OFFICE OF CHILDREN IN FAMILY SECURITY.
Section 137(a)(4)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152k(a)(4)(A)) is amended by inserting ``, including the Office
of Children in Family Security'' before the semicolon.
TITLE III--FUNDING; RULES OF CONSTRUCTION; EFFECTIVE DATE
SEC. 301. FUNDING.
(a) In General.--This Act, and the amendments made by this Act,
shall be carried out using appropriations authorized under section 403
of the Intercountry Adoption Act of 2000 (42 U.S.C. 14943) and using
amounts otherwise available for the purposes of this Act, including
unobligated balances of funds appropriated to carry out activities
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
Nothing in this Act may be construed as prohibiting the appropriation
of funds to carry out this Act or any amendments made by this Act.
(b) Limitations on Use of Funds.--No funds obligated or
appropriated in accordance with this Act may be provided for advocating
for building, renovating, or refurbishing residential facilities that
provide institutional care or family-like group homes.
SEC. 302. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to preclude advocacy for the provision of funds
obligated or appropriations for in-kind assistance, stipends,
or subsidies for the care of children in adversity, children
with disabilities, or other children requiring increased levels
of care, including children with chronic antisocial behavior,
emotional disturbance, and delinquency;
(2) to be related to locations such as correctional
facilities to the extent that the situation of the children
concerned, the deprivation of liberty consequent to alleged or
proven violation of the law, is covered by juvenile justice
standards;
(3) to abrogate or amend the meaning of ``residential
care'' as defined in section 137(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2152k); or
(4) to be related to any provision of Federal law or
regulation regarding international abduction in effect at the
date of the enactment of this Act.
SEC. 303. EFFECTIVE DATE OF TITLE I.
Title I and the amendments made by title I take effect on the date
that is 1 year after the date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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