[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3070 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3070

  To encourage the development and implementation of a comprehensive, 
global strategy for the preservation and reunification of families and 
  the provision of permanent parental care for orphans, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2009

Ms. Watson (for herself and Mr. Boozman) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
  To encourage the development and implementation of a comprehensive, 
global strategy for the preservation and reunification of families and 
  the provision of permanent parental care for orphans, 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 ``Families for 
Orphans Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
                    TITLE I--GLOBAL ORPHANS STRATEGY

Sec. 101. Office for orphan policy diplomacy and development.
Sec. 102. Policy coordinating committee in support of orphan policy, 
                            diplomacy, and development.
Sec. 103. Minimum standards for the provision of permanent parental 
                            care.
Sec. 104. Grant, pilot, and development programs.
Sec. 105. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) A child who grows up in a permanent family in an 
        atmosphere of happiness, love, and understanding has the best 
        opportunity for the full and harmonious development of his or 
        her potential.
            (2) The right of a child to grow up in a safe, loving and 
        permanent loving relationship with a responsible adult is a 
        basic human right.
            (3) The safety and well being of children should be the 
        paramount concern of child welfare policies and programs.
            (4) As stated in the United Nations Programme for the 
        International Year of the Family (1994), ``the family provides 
        the natural framework for the emotional, financial, and 
        material support essential to the growth and development of its 
        members, particularly infants and children.''.
            (5) Cost benefit analysis data shows that effective, high 
        quality interventions to improve parenting skills and reduce 
        child maltreatment save between $2 and $8 dollars for every 
        dollar spent.
            (6) Despite the good efforts of countless governments and 
        nongovernmental organizations, millions of children remain 
        outside of the protection, permanency, safety, and love of a 
        family. Without the care of a family, these children are forced 
        to live on the streets, in child-headed households, or in 
        institutions.
            (7) According to UNICEF, there are more than 132,000,000 
        orphans worldwide. Unless immediate action is taken, the number 
        of orphans is expected to increase over time.
            (8) According to Dr. Dana Johnson at the University of 
        Minnesota, lack of stimulation and consistent caregivers, 
        suboptimal nutrition and physical/sexual abuse all conspire to 
        delay and sometimes preclude normal development, speech 
        acquisition and attainment of necessary social skills. Children 
        lose one month of linear growth for every three months in an 
        orphanage.
            (9) Research indicates that infants who do not receive 
        touching, holding, and stimulation fail to thrive and may 
        suffer life-affecting physical and emotional stressors, if not 
        death.
            (10) Although governments throughout the world are seeking 
        models for preventing institutionalization and finding 
        permanent families for orphaned children, many lack the 
        resources or infrastructure to adequately address this need.
            (11) As a result of its efforts to protect its children 
        from abuse and neglect, the United States has amassed a vast 
        body of research, policy, and the professional capacity to 
        promote safety, permanency and well-being for children and 
        youth so they can become healthy and successful adults.
            (12) Despite the fact that the United States invests 
        $300,000,000,000 annually in international aid programs that 
        are improving the health, safety and well-being of children 
        throughout the world, it is unclear how much of this funding is 
        used to support the preservation and reunification of families 
        or the provision of permanent parental care.
            (13) Greater coordination is needed between Federal bureaus 
        and agencies with an interest in orphan care policy. Such 
        efforts would be assisted greatly by the development of a 
        comprehensive global strategy for providing permanent parental 
        care for orphans.
            (14) Despite the United States' interest in developing a 
        comprehensive global strategy for providing permanent parental 
        care for orphans, the United States lacks a clear, dedicated 
        diplomatic authority to represent these interests.
    (b) Purposes.--The purposes of this Act are to--
            (1) provide the infrastructure and resources necessary for 
        the United States to develop and implement a comprehensive, 
        global strategy for the preservation and reunification of 
        families and the provision of permanent parental care for 
        orphans;
            (2) streamline and coordinate United States policies and 
        programs related to the preservation and reunification of 
        families and the provision of permanent parental care for 
        orphans;
            (3) encourage and assist foreign governments in the 
        development and implementation of effective child welfare 
        policies, systems, and programs that preserve and reunify 
        families and provide permanent parental care for orphans;
            (4) ensure that all aid efforts receiving funding from the 
        United States recognize and support the need for the 
        preservation and reunification of families and the provision of 
        permanent parental care for orphans; and
            (5) build global awareness of the need for the preservation 
        and reunification of families and the provision of permanent 
        parental care for orphans.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Deinstitutionalization.--The term 
        ``deinstitutionalization'' means the process of safely moving 
        youth from institutions to--
                    (A) permanent parental care; or
                    (B) temporary alternatives designed to lead to 
                permanent parental care.
            (2) Family at risk of dissolution.--The term ``family at 
        risk of dissolution'' means a family under circumstances 
        which--
                    (A) compromise the health, safety and well-being of 
                minor, dependent children to an extent that the 
                parental caregivers may be compelled to voluntarily or 
                involuntarily forfeit care parental rights or custody 
                of such children; or
                    (B) are likely to cause the parents to abandon or 
                relinquish rights to minor, dependent children.
            (3) Family preservation.--The term ``family preservation'' 
        means services for children and families designed to promote 
        the safety and well-being of children and families and to help 
        families (at risk or in crisis, including community-based 
        family support, social, therapeutic, and financial programs and 
        services designed to--
                    (A) enable families to provide safe, permanent, and 
                nurturing care to their children; and
                    (B) strengthen and support birth families who are 
                at risk of dissolution, separation, or domestic 
                violence.
            (4) Reunification.--The term ``reunification'' means time-
        limited services and activities provided to an orphan in order 
        to facilitate the safe and timely reunification of the child 
        and parent.
            (5) Institution.--The term ``institution'' means--
                    (A) an orphanage;
                    (B) a children's home;
                    (C) a boarding school for orphans;
                    (D) a shelter;
                    (E) a residential facility;
                    (F) a hospital;
                    (G) a dormitory;
                    (H) long-term foster care; and
                    (I) any other setting in which permanent parental 
                care is not being provided to the child.
            (6) Institutionalized child.--The term ``institutionalized 
        child'' is a child who is--
                    (A) younger than 21 years of age; and
                    (B) living in an institution.
            (7) Orphan.--The term ``orphan'' means any child--
                    (A) who lacks permanent parental care because of 
                the death, the disappearance of, or the legal, 
                permanent relinquishment of such child by both 
                biological parents;
                    (B) who is living in the care and custody of an 
                institution;
                    (C) whose biological parents' rights have been 
                legally terminated; or
                    (D) whose country of origin has determined lacks 
                permanent parental care.
            (8) Permanent parental care.--The term ``permanent parental 
        care''--
                    (A) means a legally recognized relationship between 
                a adult and a child who is younger than 21 years of 
                age, which is life-long and provides a caring, safe, 
                stable physical environment;
                    (B) includes--
                            (i) domestic and international adoption;
                            (ii) legal guardianship; and
                            (iii) legal kinship care; and
                    (C) does not include temporary or long-term foster 
                care, institutionalization, or mentoring.
            (9) Legal guardianship.--The term ``legal guardianship'' 
        means a legally recognized relationship between child and 
        caretaker which is intended to be permanent and is evidenced by 
        the transfer to the caretaker of the following parental rights 
        with respect to the child: protection, education, custody, and 
        decisionmaking.
            (10) Legal kinship.--The term ``legal kinship'' means a 
        legally recognized relationship between child and caretaker 
        which is intended to be permanent and is evidenced by the 
        transfer to the caretaker of the following parental rights with 
        respect to the child: protection, education, custody, and 
        decisionmaking.
            (11) Adoption support services.--The term ``adoption 
        support services'' means services and activities designed to 
        encourage when adoption is found to be in the best interests of 
        children, including but not limited to pre- and post-adoptive 
        services; activities designed to expedite the adoption process 
        and support adoptive families.

                    TITLE I--GLOBAL ORPHANS STRATEGY

SEC. 101. OFFICE FOR ORPHAN POLICY DIPLOMACY AND DEVELOPMENT.

    (a) Establishment.--There is established within the Department of 
State the Office for Orphan Policy Diplomacy and Development (referred 
to in this section as the ``Office''), which shall promote and 
support--
            (1) the preservation and reunification of families; and
            (2) the provision of permanent parental care for orphans.
    (b) Coordinator.--
            (1) Appointment.--The Office shall be headed by the 
        Coordinator for Orphan Policy Diplomacy and Development 
        (referred to in this section as the ``Coordinator''), who shall 
        be designated by the President.
            (2) Qualifications.--To the extent possible, the 
        Coordinator shall be an individual with background and 
        experience in the development of permanency related policies 
        and systems.
            (3) Duties.--The Coordinator shall--
                    (A) oversee and coordinate--
                            (i) all programs and duties described in 
                        this Act; and
                            (ii) all other activities that the United 
                        States Government conducts in furtherance of 
                        the purposes of this Act; and
                    (B) carry out the functions described in subsection 
                (c).
            (4) Authority.--The Coordinator will report directly to the 
        Secretary of State.
    (c) Functions.--
            (1) Advisory.--Unless otherwise specified in law, the 
        Coordinator shall serve as the primary advisor to the Secretary 
        of State and the President in all matters related to--
                    (A) global family preservation and reunification; 
                and
                    (B) the provision of permanent parental care for 
                orphans.
            (2) Diplomatic representation.--
                    (A) In general.--Subject to the direction of the 
                President and the Secretary of State, the Coordinator 
                shall represent the United States in matters and cases 
                relevant to family preservation and reunification and 
                permanent parental care in--
                            (i) contacts with foreign governments, 
                        nongovernmental organizations, 
                        intergovernmental agencies, and specialized 
                        agencies of the United Nations and other 
                        international organizations of which the United 
                        States is a member;
                            (ii) multilateral conferences and meetings 
                        relevant to family preservation, reunification, 
                        and permanent parental care for orphaned 
                        children; and
                            (iii) fulfillment of the diplomatic 
                        responsibilities designated to the central 
                        authority under title I of the Intercountry 
                        Adoption Act of 2000 (42 U.S.C. 14911 et seq.).
                    (B) Waiver.--The Secretary of State may waive the 
                requirements of subparagraph (A) if--
                            (i) representation by the Coordinator would 
                        interfere with the Secretary's constitutional 
                        duty to represent the United States; or
                            (ii) representation by another high level 
                        official would be more appropriate or 
                        beneficial.
            (3) Policy development.--
                    (A) In general.--The Coordinator shall--
                            (i) advise and support the Secretary of 
                        State in the development of a comprehensive, 
                        global strategy to promote the preservation and 
                        reunification of families and the provision of 
                        permanent parental care for orphans; and
                            (ii) advise and support foreign governments 
                        with the development of sound policy 
                        regarding--
                                    (I) preservation and reunification 
                                of families; and
                                    (II) the provision of permanent 
                                parental care for orphans.
                    (B) Best practices.--In developing policies under 
                this Act, the Coordinator should identify and engage 
                evidence-based programs and best practices in family 
                preservation, reunification and permanent parental care 
                derived from a wide variety of both domestic and global 
                policy and practice leaders.
                    (C) Cultural sensitivity.--In developing policies 
                under this Act, the Coordinator should take into 
                account cultural norms for each country to the extent 
                consistent with the overall purposes of this Act.
                    (D) Principle of subsidiarity.--In developing 
                policies and programs under this Act, the Coordinator 
                should--
                            (i) attempt to reunify children with their 
                        family before pursuing adoption, legal kinship 
                        or legal guardianship and domestic adoption; 
                        and
                            (ii) ensure that reasonable efforts have 
                        been made to provide permanent parental care 
                        domestically before international.
                    (E) Technical assistance.--The Coordinator shall 
                provide technical assistance to foreign countries to 
                help build their capacities to strengthen family 
                preservation, reunification, and permanent parental 
                care policies, services, and practices, including--
                            (i) assistance with the drafting, 
                        disseminating, and implementing of legislation 
                        for family preservation and reunification and 
                        the provision of permanent parental care;
                            (ii) assistance with the development of 
                        systems designed to support family 
                        preservation, reunification and permanent 
                        parental care for institutionalized orphans;
                            (iii) assistance with the establishment of 
                        public, private, and faith- and community-based 
                        partnerships designed to support the 
                        preservation and reunification of families and 
                        permanent parental care for orphans;
                            (iv) assistance with the development of 
                        workforce training for governmental and 
                        nongovernmental staff working to support the 
                        preservation and reunification of families and 
                        permanent parental care for orphans; and
                            (v) assistance with infrastructure 
                        development and data collection techniques 
                        necessary to--
                                    (I) support the biennial census 
                                required under paragraph (6)(A);
                                    (II) collect permanency indicators 
                                described in paragraph (6)(B);
                                    (III) collect the data necessary to 
                                determine to what extent countries meet 
                                the minimum standards described in 
                                section 103; and
                                    (IV) organizing exchanges for child 
                                welfare, adoption, and other social 
                                service professionals working to 
                                support the preservation and 
                                reunification of families and permanent 
                                parental care for orphans.
                    (F) Preservation of the family and permanent 
                parental care conference.--In fiscal year 2011, and 
                every 2 years thereafter, the Secretary of State--
                            (i) shall conduct a conference on best 
                        practices and successful strategies for the 
                        preservation and reunification of families and 
                        the provision of permanent parental care for 
                        orphans;
                            (ii) share and address key issues relative 
                        to--
                                    (I) the most current biennial 
                                census data collected under paragraph 
                                (6)(A);
                                    (II) the permanency indicator data 
                                collected under paragraph (6)(B); and
                                    (III) the data collected from the 
                                Global Best Practices Pilot Program 
                                under section 104(c);
                            (iii) disseminate information regarding 
                        best practices for building country and 
                        regional capacity to decrease the number of 
                        orphans;
                            (iv) disseminate information regarding 
                        strategies for financially sustaining 
                        activities to support family preservation and 
                        reunification and permanent parental care;
                            (v) disseminate information regarding best 
                        practices in international adoption and in 
                        preventing corruption; and
                            (vi) disseminate best methods and practices 
                        for assessing progress and quality for moving 
                        children into permanent parental care in a safe 
                        and timely way.
            (4) Coordination.--
                    (A) In general.--The Office shall coordinate the 
                foreign policy and assistance of the United States in 
                support of--
                            (i) families at risk of dissolution; and
                            (ii) orphans in need of permanent parental 
                        care.
                    (B) Coordination between domestic and international 
                policy.--To the extent possible, the Coordinator shall 
                work with the Secretary of Health and Human Services to 
                maintain consistency between United States foreign and 
                domestic policy on family preservation and 
                reunification and permanent parental care.
            (5) Communication.--
                    (A) In general.--The Office shall build global 
                awareness of its purpose and activities.
                    (B) Website.--To carry out subparagraph (A), the 
                Office shall maintain a Website that includes--
                            (i) a description of the global problems 
                        related to orphans and children in 
                        institutional and temporary non-family care;
                            (ii) the status of activities being carried 
                        out by the Office;
                            (iii) the progress made by the Office to 
                        achieve its goals;
                            (iv) current research, reports, policy, 
                        training opportunities, evaluation, and 
                        methodology describing best practices;
                            (v) information collected by the biennial 
                        census under paragraph (6)(A);
                            (vi) permanency indicators collected under 
                        paragraph (6)(B);
                            (vii) the annual report submitted to 
                        Congress under paragraph (6)(C);
                            (viii) the status of site results for the 
                        study of global best practices conducted under 
                        section 104(c)(1);
                            (ix) requests for proposals, grant or 
                        contract awards, amounts, purposes, and lessons 
                        learned during implementation; and
                            (x) a summary of the scope and progress of 
                        country projects funded by the Office.
            (6) Reports, research, and assessments.--
                    (A) Biennial census of children without permanent 
                parental care.--
                            (i) In general.--Not later than December 
                        31, 2010, and every 2 years thereafter, the 
                        Office shall develop, oversee, support, and 
                        publish the results of a census of all children 
                        who live outside permanent parental care. The 
                        census shall enumerate the number of children, 
                        categorized by sex and age, who reside--
                                    (I) in a public or private 
                                orphanage;
                                    (II) in a hospital or other medical 
                                institution or treatment facility;
                                    (III) in temporary or long-term 
                                family-based foster care;
                                    (IV) in a group home;
                                    (V) in a residential or 
                                congregational facility, regardless of 
                                the availability of treatment services;
                                    (VI) in kinship care without legal 
                                status or the presence of adult family 
                                members; or
                                    (VII) in a dormitory or other 
                                permanent or temporary living situation 
                                in which a government or 
                                nongovernmental organization places 
                                children who do not have parental care.
                            (ii) Census countries.--The data collected 
                        under clause (i) shall include all member 
                        countries of the United Nations.
                            (iii) Delegate.--The Coordinator may 
                        delegate the responsibility for conducting the 
                        census to a third party if--
                                    (I) such party has expertise in 
                                human or social services and 
                                international quantitative data 
                                collection and analysis; and
                                    (II) such a delegation is 
                                consistent with the overall goals of 
                                this Act.
                    (B) Permanency indicators for children without 
                permanent parental care.--
                            (i) In general.--The Office shall collect 
                        available data related to a series of policy 
                        and practice indicators on the capacity of 
                        foreign governments to offer permanency as an 
                        option for orphaned children.
                            (ii) Data.--Data collected under clause (i) 
                        shall include--
                                    (I) the number of families provided 
                                preservation services and the number of 
                                such families that remained intact 
                                after receiving such services;
                                    (II) the number of children in 
                                institutions who were reunified with 
                                their respective families;
                                    (III) the number of children placed 
                                in a permanent family through domestic 
                                adoption and the living situation of 
                                such children before such permanent 
                                placement;
                                    (IV) the number of children who 
                                were placed in a permanent family 
                                through legal guardianship and their 
                                living situation before such permanent 
                                placement;
                                    (V) the number of children who were 
                                placed in a permanent family through 
                                international adoption and the living 
                                situation of such children before such 
                                permanent placement;
                                    (VI) the number of children who 
                                were placed in legal or informal 
                                kinship care and their placement pre-
                                kinship care;
                                    (VII) the number of children who 
                                moved from temporary foster care to 
                                long-term foster care;
                                    (VIII) the number of children who 
                                re-entered institutional care after 
                                moving into permanent parental care; 
                                and
                                    (IX) the length of time children 
                                are spending in institutional or foster 
                                care.
                            (iii) Delegate.--The Coordinator may 
                        delegate the responsibility for collecting data 
                        on permanency indicators under this paragraph 
                        to a third party if--
                                    (I) the third party has expertise 
                                in human or social services and 
                                international quantitative data 
                                collection; and
                                    (II) such a delegation is 
                                consistent with the overall goals of 
                                this Act.
                            (iv) Consultation.--The Coordinator may 
                        consult with the Millennium Challenge 
                        Corporation, the Department of Homeland 
                        Security, the United States Agency for 
                        International Development, the United Nations, 
                        the United States Department of Health and 
                        Human Services, UNICEF, the World Health 
                        Organization, and other aid- or child welfare-
                        related networks and organizations to--
                                    (I) identify and expand existing 
                                reporting networks; and
                                    (II) refine common definitions of 
                                indicators.
                            (v) United states indicators.--The 
                        Secretary of Health and Human Services shall 
                        provide the Coordinator with the information 
                        required to be collected under this paragraph 
                        relating to individuals and families residing 
                        in the United States.
                            (vi) Report.--Not later than December 31, 
                        2011, and every 2 years thereafter, the Office 
                        shall publish a report that includes the data 
                        described in clause (ii).
                    (C) Annual report to congress.--Not later than 
                September 1 of each year, the Secretary of State shall 
                submit to Congress an annual report that includes--
                            (i) a description of the global status of 
                        orphans;
                            (ii) a description of the activities of the 
                        Office in support of family preservation and 
                        reunification and permanent parental care for 
                        orphans;
                            (iii) estimates from the most recent 
                        biennial census of the number of children 
                        living without permanent parental care;
                            (iv) a description of the status of family 
                        preservation, reunification, and permanent 
                        parental care initiatives underway in each 
                        foreign country receiving financial assistance 
                        under this Act;
                            (v) a description of--
                                    (I) the major challenges faced by 
                                governments that are resulting in an 
                                increase in the numbers of orphans; and
                                    (II) barriers which are preventing 
                                governments from achieving permanent 
                                parental care for orphans;
                            (vi) trends in increasing or decreasing 
                        risks for orphans and families at risk of 
                        dissolution;
                            (vii) a listing of the governments that do 
                        not meet minimum standards described in section 
                        103(a);
                            (viii) trends toward improvement in family 
                        preservation and reunification;
                            (ix) trends in domestic and international 
                        adoption, foster care, and institutional care;
                            (x) the most current permanency indicators 
                        described in subparagraph (B); and
                            (xi) movement toward implementation of 
                        permanency related laws and conventions.
            (7) Grants.--The Office shall oversee the provision of 
        technical and financial assistance, including grants, pilot 
        programs, and demonstrations, to governments and 
        nongovernmental organizations to promote family preservation, 
        reunification, and permanent parental care for orphans.

SEC. 102. POLICY COORDINATING COMMITTEE IN SUPPORT OF ORPHAN POLICY, 
              DIPLOMACY, AND DEVELOPMENT.

    (a) Establishment.--The President shall establish an interagency 
policy coordinating committee (referred to in this section as the 
``Policy Coordinating Committee''), which shall monitor and support 
international efforts in family preservation, family reunification, and 
permanent parental care for orphans.
    (b) Appointment.--The President shall appoint the members of the 
Policy Coordinating Committee, which shall include--
            (1) the Secretary of State, who shall serve as Chair;
            (2) the Administrator of the United States Agency for 
        International Development;
            (3) the Attorney General;
            (4) the Secretary of Health and Human Services;
            (5) the Secretary of Homeland Security; and
            (6) any other Government official appointed by the 
        President.
    (c) Activities of Committee.--The Policy Coordinating Committee 
shall provide advice to the Office for Orphan Policy Diplomacy and 
Development regarding--
            (1) the development of a comprehensive global strategy in 
        accordance with the minimum standards of this Act;
            (2) financial support of programs that assist countries in 
        developing child welfare systems that--
                    (A) preserve and reunify families; and
                    (B) provide permanent parental care for orphans.
            (3) advocacy efforts with governments, nongovernmental 
        organizations, and other entities to advance the purposes of 
        this Act; and
            (4) the collection of data through significant research on 
        family preservation, reunification, and permanent parental care 
        methods for orphans.
    (d) Working Groups.--Members of the Policy Coordinating Committee 
may create small working groups within their respective agencies to 
support and advise their work on behalf of the Policy Coordinating 
Committee.

SEC. 103. MINIMUM STANDARDS FOR THE PROVISION OF PERMANENT PARENTAL 
              CARE.

    (a) Minimum Standards.--A country meets the minimum standards for 
the provision of permanent parental care by a partner country if--
            (1) the government of the country has laws, practices and 
        judicial standards that--
                    (A) protect children from abuse and neglect;
                    (B) are aimed at reducing the number of abandoned 
                children;
                    (C) are aimed at preserving families at risk of 
                dissolution;
                    (D) are aimed at safely and appropriately 
                reunifying orphans and institutionalized children with 
                their families;
                    (E) promote legal guardianship and kinship care;
                    (F) promote domestic adoption;
                    (G) allow for international adoption; and
                    (H) promote the physical and emotional well-being 
                and protection of children while they are waiting for 
                reunification or placement with a permanent family;
            (2) the government of the country is--
                    (A) keeping a significant percentage of families at 
                risk of dissolution intact;
                    (B) reuniting a significant percentage of orphans 
                and institutionalized children with safe families and 
                relatives; and
                    (C) moving a significant percentage of orphans into 
                permanent parental care when it is determined that they 
                cannot be reunified; and
            (3) the numbers of children aging out of institutions or 
        foster care in such country is decreasing by a significant 
        percentage each year.
    (b) Criteria.--A country is eligible for assistance from the Office 
for Orphan Policy Diplomacy and Development under this Act if the 
government of the country--
            (1) publicly acknowledges the need for family preservation, 
        reunification and permanent parental care for orphans; and
            (2) demonstrates a commitment to develop improved laws, 
        policies, infrastructures, and training programs to preserve 
        and reunify with safe families and provide permanent parental 
        care for orphans by--
                    (A) developing formal strategic plans to develop 
                laws and infrastructure to address shortcomings related 
                to meeting the minimum standards described in 
                subsection (a);
                    (B) allocating resources to study the issues 
                described in subparagraph (A); or
                    (C) expending or setting aside sufficient funds, to 
                help build child welfare and judicial infrastructure 
                and enact laws to address shortcomings related to 
                meeting such minimum standards.

SEC. 104. GRANT, PILOT, AND DEVELOPMENT PROGRAMS.

    (a) Assistance to Foreign Governments.--Chapter 1 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
            (1) by redesignating section 135, as added by section 5(a) 
        of Public Law 109-121, as section 137; and
            (2) by inserting after section 135, as added by section 3 
        of Public Law 109-95, the following:

``SEC. 136. ASSISTANCE TO FOREIGN GOVERNMENTS.

    ``(a) Assistance To Meet Minimum Standards.--The President is 
authorized to provide assistance to foreign countries directly, or 
through nongovernmental and multilateral organizations, for programs, 
projects, and activities designed to assist the country to meet the 
minimum standards described in section 103(a) of the Families for 
Orphans Act of 2009.
    ``(b) Assistance to Foreign Governments That Meet Minimum 
Standards.--
            ``(1) In general.--The President is authorized to provide 
        assistance, including trade and debt relief, to any foreign 
        country that demonstrates success in meeting the majority of 
        the minimum standards and other goals described in paragraph 
        (2).
            ``(2) Plan.--The government of a country desiring 
        assistance under this subsection shall demonstrate a commitment 
        to meeting the minimum standards described in section 103(a) of 
        the Families for Orphans Act of 2009 by independently, or with 
        assistance from the Office for Orphan Policy Diplomacy and 
        Development, developing--
                    ``(A) a detailed, long-term strategic plan for 
                meeting such minimum standards and related long-range 
                goals; and
                    ``(B) a 1-year or 2-year operational plan that 
                describes the immediate steps that the foreign 
                government will take toward meeting such minimum 
                standards.''.
    (b) Assistance in Support of Family Preservation, Reunification and 
Permanent Parental Care for Orphans.--
            (1) In general.--The Secretary of State is authorized to 
        make grants to nongovernmental agencies working to promote 
        permanent parental care for orphans, in accordance with the 
        results of the global best practices study conducted under 
        subsection (c).
            (2) Use of funds.--Grants received under this subsection 
        can be used to--
                    (A) improve public policy in support of the 
                preservation and reunification of families and 
                permanent parental care for orphans;
                    (B) reduce the number of children abandoned;
                    (C) reduce the number of families at risk of 
                dissolution;
                    (D) increase the number of children reunified with 
                their parents;
                    (E) increase the number of children obtaining legal 
                guardianship and kinship care;
                    (F) increase the number of children placed for 
                adoption domestically;
                    (G) support international adoption for children who 
                cannot be adopted domestically, or reunified with their 
                biological parents;
                    (H) draft laws and develop systems designed to 
                promote ethical, evidence-based practice in 
                international adoption;
                    (I) increase the level of expertise and 
                understanding of foreign governments working to 
                preserve and reunify families and promote permanent 
                parental care for orphans;
                    (J) create and support connections with caring, 
                committed adults to older children at risk of or in the 
                process of aging out of institutional care;
                    (K) develop mentoring, visitation and foster adopt 
                programs aimed at recruiting a larger number of 
                individuals willing to provide permanent parental care 
                for orphans;
                    (L) increase adoption support services; and
                    (M) create and improve child welfare and judicial 
                infrastructures, that strengthen and support permanent 
                family care for orphans.
            (3) Eligibility criteria.--To the extent possible, grants 
        shall be awarded under this subsection to organizations that 
        have demonstrated--
                    (A) experience in the area of child welfare and 
                judicial policy, family preservation, reunification, 
                permanent parental care for orphans;
                    (B) success in working with the in-country 
                governmental agencies responsible for care of children; 
                and
                    (C) adherence to the child welfare laws of the 
                foreign government in which such organizations are 
                located.
    (c) Global Best Practices.--
            (1) Study on global best practices.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary of 
                State shall initiate a study to identify global best 
                practices for--
                            (i) preserving and reunifying families; and
                            (ii) providing permanent parental care for 
                        orphans.
                    (B) Identification of factors.--In conducting the 
                study under subparagraph (A), the Secretary shall 
                identify--
                            (i) evidence-based programs that are 
                        demonstrated to provide permanent parental care 
                        in a timely manner;
                            (ii) policy and practices that result in 
                        increased deinstitutionalization of children;
                            (iii) legislation globally that requires 
                        and supports permanent parental care;
                            (iv) factors that decrease the dissolution 
                        of families; and
                            (v) best practices for promoting ethical 
                        international adoption practices.
                    (C) Report.--Not later than 1 year after initiating 
                the study under this paragraph, the Secretary shall 
                publish a report on the best practices identified in 
                the study.
                    (D) Use of study results.--The Secretary shall use 
                the results of the study conducted under this paragraph 
                to guide and inform--
                            (i) the award of all grants under this Act; 
                        and
                            (ii) all activities in the global best 
                        practices pilot program carried out under 
                        paragraph (2).
            (2) Global best practices pilot program.--
                    (A) In general.--Upon completing the study 
                described in paragraph (1), the Secretary of State 
                shall establish and carry out a global best practices 
                pilot program.
                    (B) Purposes.--The purposes of the program 
                established pursuant to subparagraph (A) shall be to--
                            (i) demonstrate how research-based policies 
                        and programs to provide orphans with permanent 
                        parental care can be successfully implemented;
                            (ii) establish model programs that, once 
                        tested for effectiveness, will be available, 
                        replicable, and adaptable on a global basis;
                            (iii) identify a comprehensive series of 
                        interventions, which result in family 
                        preservation, reunification, and permanent 
                        parental care for orphans; and
                            (iv) determine which in-country factors 
                        enhance or negate efforts to achieve family 
                        preservation, reunification and permanent 
                        parental care for orphans.
                    (C) Selection of sites.--
                            (i) Number of sites.--In carrying out the 
                        pilot program established under this paragraph, 
                        the Secretary of State shall select and 
                        establish not fewer than 5 sites, each of which 
                        shall be located in a different region of the 
                        world.
                            (ii) Priorities.--In selecting sites under 
                        clause (i), the Secretary shall consider--
                                    (I) cultural, geographic, and 
                                economic diversity of countries 
                                included in the region;
                                    (II) whether governments within the 
                                region have sufficient infrastructure 
                                and capacity to support the pilot 
                                program; and
                                    (III) the incidence of abandoned 
                                children and children in institutional 
                                care in the region and culture.
                            (iii) Delegation.--The Coordinator for 
                        Orphan Policy Diplomacy and Development may 
                        delegate implementation of the pilot program 
                        under this paragraph to 1 or more organizations 
                        that have experience in the use of evidence-
                        based programs to promote family preservation, 
                        reunification or permanent parental care for 
                        orphans.
                            (iv) Annual report.--Not later than 1 year 
                        after the date on which the first pilot program 
                        is established under this paragraph, and each 
                        subsequent year, the Coordinator shall publish 
                        a report on the status of, and lessons learned 
                        in, the pilot program.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

            (1) Operations.--There are authorized to be appropriated 
        for the administrative costs associated with carrying out the 
        duties of the Office for Orphan Policy Diplomacy and 
        Development--
                    (A) $3,000,000 for fiscal year 2010; and
                    (B) such sums as may be necessary for each 
                subsequent fiscal year.
            (2) Assistance to foreign governments.--There are 
        authorized to be appropriated for assistance to foreign 
        governments under section 136 of the Foreign Assistance Act of 
        1961--
                    (A) $5,000,000 for fiscal year 2010; and
                    (B) such sums as may be necessary for each 
                subsequent fiscal year.
            (3) Grants to support permanent parental care.--There is 
        authorized to be appropriated for grants under section 104(b)--
                    (A) $5,000,000 for fiscal year 2010; and
                    (B) such sums as may be necessary for each 
                subsequent fiscal year.
            (4) Global best practices pilot program.--There are 
        authorized to be appropriated to the Secretary of State to 
        carry out section 104--
                    (A) $3,000,000 for fiscal year 2010; and
                    (B) such sums as may be necessary for each 
                subsequent fiscal year.
                                 <all>