Sec. 101. Office of Children in Family Security
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There is established, within the Office of the Secretary of State, the Office of Children in Family Security. 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— a Convention country has met its obligations under the Hague Adoption Convention; and such country is eligible to participate in intercountry adoptions in accordance with United States law. 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— a statement of the time, place, and nature of the determination; a reference to the specific legal authority under which the determination is made; and the terms or substance of the determination or a description of the subjects and issues involved in making the determination.
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. 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.
The Director, in coordination with U.S. Citizenship and Immigration Services, shall develop a set of procedures and criteria that— 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; governs the determination of eligibility of a child for adoption, regardless of whether such child is from a Convention country; and 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) ).
There is established within the Office— a division for executing oversight responsibilities of the Hague Adoption Convention, including the obligations of— the Ambassador at Large for Children in Family Security (referred to in this paragraph as the Ambassador ); and the Office of Children's Issues of the Department of State; a division for executing bilateral responsibilities of the Hague Adoption Convention, including— 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; 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 transmitting any intercountry adoption-related case information requested by the Secretary of Homeland Security to the central authority of another Convention country; and 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— drafting, disseminating, and implementing legislation, regulations, policies, procedures, and other governmental measures; establishing public, private, and faith- and community-based partnerships; developing workforce training for governmental and nongovernmental staff; and identifying and documenting the number and needs of children who are living without, or are at risk of living without, family care.
The Office shall be headed by a Director who shall be appointed by the Secretary of State. The Director shall have— a strong professional background in consular affairs; personal experience in international adoptions; or professional experience in international adoptions or child services. The Director shall— oversee the Office and its divisions; and ensure long-term continuity in the management and policy matters of the Office. 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— a description of the implementation of subsection (b)(3)(C); a record of the date of consultation and the agency consulted pursuant to subsection (b)(1)(A); 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 a record of the date of coordination and the agency with which the Office coordinated pursuant to section 102(c)(4).
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