-CITE-

42 USC CHAPTER 143 - INTERCOUNTRY ADOPTIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

-HEAD-

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

-MISC1-

Sec.

14901. Findings and purposes.

(a) Findings.

(b) Purposes.

14902. Definitions.

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

14911. Designation of central authority.

(a) In general.

(b) Performance of central authority functions.

(c) Authority to issue regulations.

14912. Responsibilities of the Secretary of State.

(a) Liaison responsibilities.

(b) Information exchange.

(c) Accreditation and approval responsibilities.

(d) Additional responsibilities.

(e) Establishment of registry.

(f) Methods of performing responsibilities.

14913. Responsibilities of the Attorney General.

14914. Annual report on intercountry adoptions.

(a) Reports required.

(b) Report elements.

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

14921. Accreditation or approval required in order to provide

adoption services in cases subject to the Convention.

(a) In general.

(b) Exceptions.

14922. Process for accreditation and approval; role of

accrediting entities.

(a) Designation of accrediting entities.

(b) Duties of accrediting entities.

(c) Remedies for adverse action by accrediting

entity.

(d) Fees.

14923. Standards and procedures for providing accreditation

or approval.

(a) In general.

(b) Minimum requirements.

(c) Temporary registration of community based

agencies.

14924. Secretarial oversight of accreditation and approval.

(a) Oversight of accrediting entities.

(b) Suspension or cancellation of accreditation or

approval.

(c) Debarment.

(d) Judicial review.

(e) Failure to ensure a full and complete home

study.

SUBCHAPTER III - RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

14931. Adoptions of children immigrating to the United

States.

(a) Legal effect of certificates issued by the

Secretary of State.

(b) Legal effect of Convention adoption finalized

in another Convention country.

(c) Condition on finalization of Convention

adoption by State court.

14932. Adoptions of children emigrating from the United

States.

(a) Duties of accredited agency or approved person.

(b) Conditions on State court orders.

(c) Duties of the Secretary of State.

(d) Filing with registry regarding non-Convention

adoptions.

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

14941. Access to Convention records.

(a) Preservation of Convention records.

(b) Access to Convention records.

(c) Access to non-Convention records.

14942. Documents of other Convention countries.

14943. Authorization of appropriations; collection of fees.

(a) Authorization of appropriations.

(b) Assessment of fees.

(c) Restriction.

14944. Enforcement.

(a) Civil penalties.

(b) Civil enforcement.

(c) Criminal penalties.

SUBCHAPTER V - GENERAL PROVISIONS

14951. Recognition of Convention adoptions.

14952. Special rules for certain cases.

(a) Authority to establish alternative procedures

for adoption of children by relatives.

(b) Waiver authority.

14953. Relationship to other laws.

(a) Preemption of inconsistent State law.

(b) Applicability of the Indian Child Welfare Act.

(c) Relationship to other laws.

14954. No private right of action.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 8 section 1154.

-End-

-CITE-

42 USC Sec. 14901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

-HEAD-

Sec. 14901. Findings and purposes

-STATUTE-

(a) Findings

Congress recognizes -

(1) the international character of the Convention on Protection

of Children and Co-operation in Respect of Intercountry Adoption

(done at The Hague on May 29, 1993); and

(2) the need for uniform interpretation and implementation of

the Convention in the United States and abroad,

and therefore finds that enactment of a Federal law governing

adoptions and prospective adoptions subject to the Convention

involving United States residents is essential.

(b) Purposes

The purposes of this chapter are -

(1) to provide for implementation by the United States of the

Convention;

(2) to protect the rights of, and prevent abuses against,

children, birth families, and adoptive parents involved in

adoptions (or prospective adoptions) subject to the Convention,

and to ensure that such adoptions are in the children's best

interests; and

(3) to improve the ability of the Federal Government to assist

United States citizens seeking to adopt children from abroad and

residents of other countries party to the Convention seeking to

adopt children from the United States.

-SOURCE-

(Pub. L. 106-279, Sec. 2, Oct. 6, 2000, 114 Stat. 825.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 106-279, Oct. 6, 2000, 114 Stat. 825,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

EFFECTIVE DATES; TRANSITION RULE

Pub. L. 106-279, title V, Sec. 505, Oct. 6, 2000, 114 Stat. 844,

provided that:

"(a) Effective Dates. -

"(1) Provisions effective upon enactment. - Sections 2, 3, 101

through 103, 202 through 205, 401(a), 403, 503, and 505(a)

[enacting this section and sections 14902, 14911 to 14913, 14922

to 14924, 14941(a), 14943, and 14953 of this title and amending

section 622 of this title] shall take effect on the date of the

enactment of this Act [Oct. 6, 2000].

"(2) Provisions effective upon the entry into force of the

convention. - Subject to subsection (b), the provisions of this

Act not specified in paragraph (1) [enacting sections 14914,

14921, 14931, 14932, 14941(b), (c), 14942, 14944, 14951, 14952,

and 14954 of this title, amending sections 1101 and 1154 of Title

8, Aliens and Nationality, and enacting provisions set out as

notes under this section] shall take effect upon the entry into

force of the Convention for the United States pursuant to Article

46(2)(a) of the Convention.

"(b) Transition Rule. - The Convention and this Act [see Short

Title note below] shall not apply -

"(1) in the case of a child immigrating to the United States,

if the application for advance processing of an orphan petition

or petition to classify an orphan as an immediate relative for

the child is filed before the effective date described in

subsection (a)(2); or

"(2) in the case of a child emigrating from the United States,

if the prospective adoptive parents of the child initiated the

adoption process in their country of residence with the filing of

an appropriate application before the effective date described in

subsection (a)(2)."

SHORT TITLE

Pub. L. 106-279, Sec. 1(a), Oct. 6, 2000, 114 Stat. 825, provided

that: "This Act [enacting this chapter and amending section 622 of

this title and sections 1101 and 1154 of Title 8, Aliens and

Nationality] may be cited as the 'Intercountry Adoption Act of

2000'."

-End-

-CITE-

42 USC Sec. 14902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

-HEAD-

Sec. 14902. Definitions

-STATUTE-

As used in this chapter:

(1) Accredited agency

The term "accredited agency" means an agency accredited under

subchapter II of this chapter to provide adoption services in the

United States in cases subject to the Convention.

(2) Accrediting entity

The term "accrediting entity" means an entity designated under

section 14922(a) of this title to accredit agencies and approve

persons under subchapter II of this chapter.

(3) Adoption service

The term "adoption service" means -

(A) identifying a child for adoption and arranging an

adoption;

(B) securing necessary consent to termination of parental

rights and to adoption;

(C) performing a background study on a child or a home study

on a prospective adoptive parent, and reporting on such a

study;

(D) making determinations of the best interests of a child

and the appropriateness of adoptive placement for the child;

(E) post-placement monitoring of a case until final adoption;

and

(F) where made necessary by disruption before final adoption,

assuming custody and providing child care or any other social

service pending an alternative placement.

The term "providing", with respect to an adoption service,

includes facilitating the provision of the service.

(4) Agency

The term "agency" means any person other than an individual.

(5) Approved person

The term "approved person" means a person approved under

subchapter II of this chapter to provide adoption services in the

United States in cases subject to the Convention.

(6) Attorney General

Except as used in section 14944 of this title, the term

"Attorney General" means the Attorney General, acting through the

Commissioner of Immigration and Naturalization.

(7) Central authority

The term "central authority" means the entity designated as

such by any Convention country under Article 6(1) of the

Convention.

(8) Central authority function

The term "central authority function" means any duty required

to be carried out by a central authority under the Convention.

(9) Convention

The term "Convention" means the Convention on Protection of

Children and Co-operation in Respect of Intercountry Adoption,

done at The Hague on May 29, 1993.

(10) Convention adoption

The term "Convention adoption" means an adoption of a child

resident in a foreign country party to the Convention by a United

States citizen, or an adoption of a child resident in the United

States by an individual residing in another Convention country.

(11) Convention record

The term "Convention record" means any item, collection, or

grouping of information contained in an electronic or physical

document, an electronic collection of data, a photograph, an

audio or video tape, or any other information storage medium of

any type whatever that contains information about a specific

past, current, or prospective Convention adoption (regardless of

whether the adoption was made final) that has been preserved in

accordance with section 14941(a) of this title by the Secretary

of State or the Attorney General.

(12) Convention country

The term "Convention country" means a country party to the

Convention.

(13) Other Convention country

The term "other Convention country" means a Convention country

other than the United States.

(14) Person

The term "person" shall have the meaning provided in section 1

of title 1 and shall not include any agency of government or

tribal government entity.

(15) Person with an ownership or control interest

The term "person with an ownership or control interest" has the

meaning given such term in section 1320a-3(a)(3) of this title.

(16) Secretary

The term "Secretary" means the Secretary of State.

(17) State

The term "State" means the 50 States, the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, Guam, and the Virgin Islands.

-SOURCE-

(Pub. L. 106-279, Sec. 3, Oct. 6, 2000, 114 Stat. 826.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in pars. (1), (2), and

(5), was in the original "title II", meaning title II of Pub. L.

106-279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II

of this chapter and amended section 622 of this title. For complete

classification of title II to the Code, see Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-End-

-CITE-

42 USC SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-HEAD-

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-End-

-CITE-

42 USC Sec. 14911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-HEAD-

Sec. 14911. Designation of central authority

-STATUTE-

(a) In general

For purposes of the Convention and this chapter -

(1) the Department of State shall serve as the central

authority of the United States; and

(2) the Secretary shall serve as the head of the central

authority of the United States.

(b) Performance of central authority functions

(1) Except as otherwise provided in this chapter, the Secretary

shall be responsible for the performance of all central authority

functions for the United States under the Convention and this

chapter.

(2) All personnel of the Department of State performing core

central authority functions in a professional capacity in the

Office of Children's Issues shall have a strong background in

consular affairs, personal experience in international adoptions,

or professional experience in international adoptions or child

services.

(c) Authority to issue regulations

Except as otherwise provided in this chapter, the Secretary may

prescribe such regulations as may be necessary to carry out central

authority functions on behalf of the United States.

-SOURCE-

(Pub. L. 106-279, title I, Sec. 101, Oct. 6, 2000, 114 Stat. 827.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b)(1), and (c), was

in the original "this Act", meaning Pub. L. 106-279, Oct. 6, 2000,

114 Stat. 825, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 14901 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-HEAD-

Sec. 14912. Responsibilities of the Secretary of State

-STATUTE-

(a) Liaison responsibilities

The Secretary shall have responsibility for -

(1) liaison with the central authorities of other Convention

countries; and

(2) the coordination of activities under the Convention by

persons subject to the jurisdiction of the United States.

(b) Information exchange

The Secretary shall be responsible for -

(1) providing the central authorities of other Convention

countries with information concerning -

(A) accredited agencies and approved persons, agencies and

persons whose accreditation or approval has been suspended or

canceled, and agencies and persons who have been temporarily or

permanently debarred from accreditation or approval;

(B) Federal and State laws relevant to implementing the

Convention; and

(C) any other matters necessary and appropriate for

implementation of the Convention;

(2) not later than the date of the entry into force of the

Convention for the United States (pursuant to Article 46(2)(a) of

the Convention) and at least once during each subsequent calendar

year, providing to the central authority of all other Convention

countries a notice requesting the central authority of each such

country to specify any requirements of such country regarding

adoption, including restrictions on the eligibility of persons to

adopt, with respect to which information on the prospective

adoptive parent or parents in the United States would be

relevant;

(3) making responses to notices under paragraph (2) available

to -

(A) accredited agencies and approved persons; and

(B) other persons or entities performing home studies under

section 14921(b)(1) of this title;

(4) ensuring the provision of a background report (home study)

on prospective adoptive parent or parents (pursuant to the

requirements of section 14923(b)(1)(A)(ii) of this title),

through the central authority of each child's country of origin,

to the court having jurisdiction over the adoption (or, in the

case of a child emigrating to the United States for the purpose

of adoption, to the competent authority in the child's country of

origin with responsibility for approving the child's emigration)

in adequate time to be considered prior to the granting of such

adoption or approval;

(5) providing Federal agencies, State courts, and accredited

agencies and approved persons with an identification of

Convention countries and persons authorized to perform functions

under the Convention in each such country; and

(6) facilitating the transmittal of other appropriate

information to, and among, central authorities, Federal and State

agencies (including State courts), and accredited agencies and

approved persons.

(c) Accreditation and approval responsibilities

The Secretary shall carry out the functions prescribed by the

Convention with respect to the accreditation of agencies and the

approval of persons to provide adoption services in the United

States in cases subject to the Convention as provided in subchapter

II of this chapter. Such functions may not be delegated to any

other Federal agency.

(d) Additional responsibilities

The Secretary -

(1) shall monitor individual Convention adoption cases

involving United States citizens; and

(2) may facilitate interactions between such citizens and

officials of other Convention countries on matters relating to

the Convention in any case in which an accredited agency or

approved person is unwilling or unable to provide such

facilitation.

(e) Establishment of registry

The Secretary and the Attorney General shall jointly establish a

case registry of all adoptions involving immigration of children

into the United States and emigration of children from the United

States, regardless of whether the adoption occurs under the

Convention. Such registry shall permit tracking of pending cases

and retrieval of information on both pending and closed cases.

(f) Methods of performing responsibilities

The Secretary may -

(1) authorize public or private entities to perform appropriate

central authority functions for which the Secretary is

responsible, pursuant to regulations or under agreements

published in the Federal Register; and

(2) carry out central authority functions through grants to, or

contracts with, any individual or public or private entity,

except as may be otherwise specifically provided in this chapter.

-SOURCE-

(Pub. L. 106-279, title I, Sec. 102, Oct. 6, 2000, 114 Stat. 828.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in subsec. (c), was in

the original "title II", meaning title II of Pub. L. 106-279, Oct.

6, 2000, 114 Stat. 830, which enacted subchapter II of this chapter

and amended section 622 of this title. For complete classification

of title II to the Code, see Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14923, 14932 of this

title.

-End-

-CITE-

42 USC Sec. 14913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-HEAD-

Sec. 14913. Responsibilities of the Attorney General

-STATUTE-

In addition to such other responsibilities as are specifically

conferred upon the Attorney General by this chapter, the central

authority functions specified in Article 14 of the Convention

(relating to the filing of applications by prospective adoptive

parents to the central authority of their country of residence)

shall be performed by the Attorney General.

-SOURCE-

(Pub. L. 106-279, title I, Sec. 103, Oct. 6, 2000, 114 Stat. 829.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER I - UNITED STATES CENTRAL AUTHORITY

-HEAD-

Sec. 14914. Annual report on intercountry adoptions

-STATUTE-

(a) Reports required

Beginning 1 year after the date of the entry into force of the

Convention for the United States and each year thereafter, the

Secretary, in consultation with the Attorney General and other

appropriate agencies, shall submit a report describing the

activities of the central authority of the United States under this

chapter during the preceding year to the Committee on International

Relations, the Committee on Ways and Means, and the Committee on

the Judiciary of the House of Representatives and the Committee on

Foreign Relations, the Committee on Finance, and the Committee on

the Judiciary of the Senate.

(b) Report elements

Each report under subsection (a) of this section shall set forth

with respect to the year concerned, the following:

(1) The number of intercountry adoptions involving immigration

to the United States, regardless of whether the adoption occurred

under the Convention, including the country from which each child

emigrated, the State to which each child immigrated, and the

country in which the adoption was finalized.

(2) The number of intercountry adoptions involving emigration

from the United States, regardless of whether the adoption

occurred under the Convention, including the country to which

each child immigrated and the State from which each child

emigrated.

(3) The number of Convention placements for adoption in the

United States that were disrupted, including the country from

which the child emigrated, the age of the child, the date of the

placement for adoption, the reasons for the disruption, the

resolution of the disruption, the agencies that handled the

placement for adoption, and the plans for the child, and in

addition, any information regarding disruption or dissolution of

adoptions of children from other countries received pursuant to

section 622(b)(14) of this title.

(4) The average time required for completion of a Convention

adoption, set forth by country from which the child emigrated.

(5) The current list of agencies accredited and persons

approved under this chapter to provide adoption services.

(6) The names of the agencies and persons temporarily or

permanently debarred under this chapter, and the reasons for the

debarment.

(7) The range of adoption fees charged in connection with

Convention adoptions involving immigration to the United States

and the median of such fees set forth by the country of origin.

(8) The range of fees charged for accreditation of agencies and

the approval of persons in the United States engaged in providing

adoption services under the Convention.

-SOURCE-

(Pub. L. 106-279, title I, Sec. 104, Oct. 6, 2000, 114 Stat. 829.)

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14923, 14953 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER II - PROVISIONS RELATING TO

ACCREDITATION AND APPROVAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-HEAD-

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 14902, 14912, 14944 of

this title.

-End-

-CITE-

42 USC Sec. 14921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-HEAD-

Sec. 14921. Accreditation or approval required in order to provide

adoption services in cases subject to the Convention

-STATUTE-

(a) In general

Except as otherwise provided in this subchapter, no person may

offer or provide adoption services in connection with a Convention

adoption in the United States unless that person -

(1) is accredited or approved in accordance with this

subchapter; or

(2) is providing such services through or under the supervision

and responsibility of an accredited agency or approved person.

(b) Exceptions

Subsection (a) of this section shall not apply to the following:

(1) Background studies and home studies

The performance of a background study on a child or a home

study on a prospective adoptive parent, or any report on any such

study by a social work professional or organization who is not

providing any other adoption service in the case, if the

background or home study is approved by an accredited agency.

(2) Child welfare services

The provision of a child welfare service by a person who is not

providing any other adoption service in the case.

(3) Legal services

The provision of legal services by a person who is not

providing any adoption service in the case.

(4) Prospective adoptive parents acting on own behalf

The conduct of a prospective adoptive parent on his or her own

behalf in the case, to the extent not prohibited by the law of

the State in which the prospective adoptive parent resides.

-SOURCE-

(Pub. L. 106-279, title II, Sec. 201, Oct. 6, 2000, 114 Stat. 830.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this title", meaning title II of Pub. L. 106-279, Oct. 6, 2000,

114 Stat. 830, which enacted this subchapter and amended section

622 of this title. For complete classification of title II to the

Code, see Tables.

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14912, 14944 of this

title.

-End-

-CITE-

42 USC Sec. 14922 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-HEAD-

Sec. 14922. Process for accreditation and approval; role of

accrediting entities

-STATUTE-

(a) Designation of accrediting entities

(1) In general

The Secretary shall enter into agreements with one or more

qualified entities under which such entities will perform the

duties described in subsection (b) of this section in accordance

with the Convention, this subchapter, and the regulations

prescribed under section 14923 of this title, and upon entering

into each such agreement shall designate the qualified entity as

an accrediting entity.

(2) Qualified entities

In paragraph (1), the term "qualified entity" means -

(A) a nonprofit private entity that has expertise in

developing and administering standards for entities providing

child welfare services and that meets such other criteria as

the Secretary may by regulation establish; or

(B) a public entity (other than a Federal entity), including

an agency or instrumentality of State government having

responsibility for licensing adoption agencies, that -

(i) has expertise in developing and administering standards

for entities providing child welfare services;

(ii) accredits only agencies located in the State in which

the public entity is located; and

(iii) meets such other criteria as the Secretary may by

regulation establish.

(b) Duties of accrediting entities

The duties described in this subsection are the following:

(1) Accreditation and approval

Accreditation of agencies, and approval of persons, to provide

adoption services in the United States in cases subject to the

Convention.

(2) Oversight

Ongoing monitoring of the compliance of accredited agencies and

approved persons with applicable requirements, including review

of complaints against such agencies and persons in accordance

with procedures established by the accrediting entity and

approved by the Secretary.

(3) Enforcement

Taking of adverse actions (including requiring corrective

action, imposing sanctions, and refusing to renew, suspending, or

canceling accreditation or approval) for noncompliance with

applicable requirements, and notifying the agency or person

against whom adverse actions are taken of the deficiencies

necessitating the adverse action.

(4) Data, records, and reports

Collection of data, maintenance of records, and reporting to

the Secretary, the United States central authority, State courts,

and other entities (including on persons and agencies granted or

denied approval or accreditation), to the extent and in the

manner that the Secretary requires.

(c) Remedies for adverse action by accrediting entity

(1) Correction of deficiency

An agency or person who is the subject of an adverse action by

an accrediting entity may re-apply for accreditation or approval

(or petition for termination of the adverse action) on

demonstrating to the satisfaction of the accrediting entity that

the deficiencies necessitating the adverse action have been

corrected.

(2) No other administrative review

An adverse action by an accrediting entity shall not be subject

to administrative review.

(3) Judicial review

An agency or person who is the subject of an adverse action by

an accrediting entity may petition the United States district

court in the judicial district in which the agency is located or

the person resides to set aside the adverse action. The court

shall review the adverse action in accordance with section 706 of

title 5, and for purposes of such review the accrediting entity

shall be considered an agency within the meaning of section 701

of such title.

(d) Fees

The amount of fees assessed by accrediting entities for the costs

of accreditation shall be subject to approval by the Secretary.

Such fees may not exceed the costs of accreditation. In reviewing

the level of such fees, the Secretary shall consider the relative

size of, the geographic location of, and the number of Convention

adoption cases managed by the agencies or persons subject to

accreditation or approval by the accrediting entity.

-SOURCE-

(Pub. L. 106-279, title II, Sec. 202, Oct. 6, 2000, 114 Stat. 831.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14902, 14924, 14953 of

this title.

-End-

-CITE-

42 USC Sec. 14923 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-HEAD-

Sec. 14923. Standards and procedures for providing accreditation or

approval

-STATUTE-

(a) In general

(1) Promulgation of regulations

The Secretary, shall, by regulation, prescribe the standards

and procedures to be used by accrediting entities for the

accreditation of agencies and the approval of persons to provide

adoption services in the United States in cases subject to the

Convention.

(2) Consideration of views

In developing such regulations, the Secretary shall consider

any standards or procedures developed or proposed by, and the

views of, individuals and entities with interest and expertise in

international adoptions and family social services, including

public and private entities with experience in licensing and

accrediting adoption agencies.

(3) Applicability of notice and comment rules

Subsections (b), (c), and (d) of section 553 of title 5 shall

apply in the development and issuance of regulations under this

section.

(b) Minimum requirements

(1) Accreditation

The standards prescribed under subsection (a) of this section

shall include the requirement that accreditation of an agency may

not be provided or continued under this subchapter unless the

agency meets the following requirements:

(A) Specific requirements

(i) The agency provides prospective adoptive parents of a

child in a prospective Convention adoption a copy of the

medical records of the child (which, to the fullest extent

practicable, shall include an English-language translation of

such records) on a date which is not later than the earlier of

the date that is 2 weeks before: (I) the adoption; or (II) the

date on which the prospective parents travel to a foreign

country to complete all procedures in such country relating to

the adoption.

(ii) The agency ensures that a thorough background report

(home study) on the prospective adoptive parent or parents has

been completed in accordance with the Convention and with

applicable Federal and State requirements and transmitted to

the Attorney General with respect to each Convention adoption.

Each such report shall include a criminal background check and

a full and complete statement of all facts relevant to the

eligibility of the prospective adopting parent or parents to

adopt a child under any requirements specified by the central

authority of the child's country of origin under section

14912(b)(3) of this title, including, in the case of a child

emigrating to the United States for the purpose of adoption,

the requirements of the child's country of origin applicable to

adoptions taking place in such country. For purposes of this

clause, the term "background report (home study)" includes any

supplemental statement submitted by the agency to the Attorney

General for the purpose of providing information relevant to

any requirements specified by the child's country of origin.

(iii) The agency provides prospective adoptive parents with a

training program that includes counseling and guidance for the

purpose of promoting a successful intercountry adoption before

such parents travel to adopt the child or the child is placed

with such parents for adoption.

(iv) The agency employs personnel providing intercountry

adoption services on a fee for service basis rather than on a

contingent fee basis.

(v) The agency discloses fully its policies and practices,

the disruption rates of its placements for intercountry

adoption, and all fees charged by such agency for intercountry

adoption.

(B) Capacity to provide adoption services

The agency has, directly or through arrangements with other

persons, a sufficient number of appropriately trained and

qualified personnel, sufficient financial resources,

appropriate organizational structure, and appropriate

procedures to enable the agency to provide, in accordance with

this chapter, all adoption services in cases subject to the

Convention.

(C) Use of social service professionals

The agency has established procedures designed to ensure that

social service functions requiring the application of clinical

skills and judgment are performed only by professionals with

appropriate qualifications and credentials.

(D) Records, reports, and information matters

The agency is capable of -

(i) maintaining such records and making such reports as may

be required by the Secretary, the United States central

authority, and the accrediting entity that accredits the

agency;

(ii) cooperating with reviews, inspections, and audits;

(iii) safeguarding sensitive individual information; and

(iv) complying with other requirements concerning

information management necessary to ensure compliance with

the Convention, this chapter, and any other applicable law.

(E) Liability insurance

The agency agrees to have in force adequate liability

insurance for professional negligence and any other insurance

that the Secretary considers appropriate.

(F) Compliance with applicable rules

The agency has established adequate measures to comply (and

to ensure compliance of their agents and clients) with the

Convention, this chapter, and any other applicable law.

(G) Nonprofit organization with state license to provide

adoption services

The agency is a private nonprofit organization licensed to

provide adoption services in at least one State.

(2) Approval

The standards prescribed under subsection (a) of this section

shall include the requirement that a person shall not be approved

under this subchapter unless the person is a private for-profit

entity that meets the requirements of subparagraphs (A) through

(F) of paragraph (1) of this subsection.

(3) Renewal of accreditation or approval

The standards prescribed under subsection (a) of this section

shall provide that the accreditation of an agency or approval of

a person under this subchapter shall be for a period of not less

than 3 years and not more than 5 years, and may be renewed on a

showing that the agency or person meets the requirements

applicable to original accreditation or approval under this

subchapter.

(c) Temporary registration of community based agencies

(1) One-year registration period for medium community based

agencies

For a 1-year period after the entry into force of the

Convention and notwithstanding subsection (b) of this section,

the Secretary may provide, in regulations issued pursuant to

subsection (a) of this section, that an agency may register with

the Secretary and be accredited to provide adoption services in

the United States in cases subject to the Convention during such

period if the agency has provided adoption services in fewer than

100 intercountry adoptions in the preceding calendar year and

meets the criteria described in paragraph (3).

(2) Two-year registration period for small community-based

agencies

For a 2-year period after the entry into force of the

Convention and notwithstanding subsection (b) of this section,

the Secretary may provide, in regulations issued pursuant to

subsection (a) of this section, that an agency may register with

the Secretary and be accredited to provide adoption services in

the United States in cases subject to the Convention during such

period if the agency has provided adoption services in fewer than

50 intercountry adoptions in the preceding calendar year and

meets the criteria described in paragraph (3).

(3) Criteria for registration

Agencies registered under this subsection shall meet the

following criteria:

(A) The agency is licensed in the State in which it is

located and is a nonprofit agency.

(B) The agency has been providing adoption services in

connection with intercountry adoptions for at least 3 years.

(C) The agency has demonstrated that it will be able to

provide the United States Government with all information

related to the elements described in section 14914(b) of this

title and provides such information.

(D) The agency has initiated the process of becoming

accredited under the provisions of this chapter and is actively

taking steps to become an accredited agency.

(E) The agency has not been found to be involved in any

improper conduct relating to intercountry adoptions.

-SOURCE-

(Pub. L. 106-279, title II, Sec. 203, Oct. 6, 2000, 114 Stat. 832.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b)(1)(B), (D)(iv), (F) and

(c)(3)(D) was in the original "this Act", meaning Pub. L. 106-279,

Oct. 6, 2000, 114 Stat. 825, which is classified principally to

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 14901 of this title and

Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14912, 14922, 14924 of

this title.

-End-

-CITE-

42 USC Sec. 14924 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER II - PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

-HEAD-

Sec. 14924. Secretarial oversight of accreditation and approval

-STATUTE-

(a) Oversight of accrediting entities

The Secretary shall -

(1) monitor the performance by each accrediting entity of its

duties under section 14922 of this title and its compliance with

the requirements of the Convention, this chapter, other

applicable laws, and implementing regulations under this chapter;

and

(2) suspend or cancel the designation of an accrediting entity

found to be substantially out of compliance with the Convention,

this chapter, other applicable laws, or implementing regulations

under this chapter.

(b) Suspension or cancellation of accreditation or approval

(1) Secretary's authority

The Secretary shall suspend or cancel the accreditation or

approval granted by an accrediting entity to an agency or person

pursuant to section 14922 of this title when the Secretary finds

that -

(A) the agency or person is substantially out of compliance

with applicable requirements; and

(B) the accrediting entity has failed or refused, after

consultation with the Secretary, to take appropriate

enforcement action.

(2) Correction of deficiency

At any time when the Secretary is satisfied that the

deficiencies on the basis of which an adverse action is taken

under paragraph (1) have been corrected, the Secretary shall -

(A) notify the accrediting entity that the deficiencies have

been corrected; and

(B)(i) in the case of a suspension, terminate the suspension;

or

(ii) in the case of a cancellation, notify the agency or

person that the agency or person may re-apply to the

accrediting entity for accreditation or approval.

(c) Debarment

(1) Secretary's authority

On the initiative of the Secretary, or on request of an

accrediting entity, the Secretary may temporarily or permanently

debar an agency from accreditation or a person from approval

under this subchapter, but only if -

(A) there is substantial evidence that the agency or person

is out of compliance with applicable requirements; and

(B) there has been a pattern of serious, willful, or grossly

negligent failures to comply or other aggravating circumstances

indicating that continued accreditation or approval would not

be in the best interests of the children and families

concerned.

(2) Period of debarment

The Secretary's debarment order shall state whether the

debarment is temporary or permanent. If the debarment is

temporary, the Secretary shall specify a date, not earlier than 3

years after the date of the order, on or after which the agency

or person may apply to the Secretary for withdrawal of the

debarment.

(3) Effect of debarment

An accrediting entity may take into account the circumstances

of the debarment of an agency or person that has been debarred

pursuant to this subsection in considering any subsequent

application of the agency or person, or of any other entity in

which the agency or person has an ownership or control interest,

for accreditation or approval under this subchapter.

(d) Judicial review

A person (other than a prospective adoptive parent), an agency,

or an accrediting entity who is the subject of a final action of

suspension, cancellation, or debarment by the Secretary under this

subchapter may petition the United States District Court for the

District of Columbia or the United States district court in the

judicial district in which the person resides or the agency or

accrediting entity is located to set aside the action. The court

shall review the action in accordance with section 706 of title 5.

(e) Failure to ensure a full and complete home study

(1) In general

Willful, grossly negligent, or repeated failure to ensure the

completion and transmission of a background report (home study)

that fully complies with the requirements of section

14923(b)(1)(A)(ii) of this title shall constitute substantial

noncompliance with applicable requirements.

(2) Regulations

Regulations promulgated under section 14923 of this title shall

provide for -

(A) frequent and careful monitoring of compliance by agencies

and approved persons with the requirements of section

14923(b)(A)(ii) (!1) of this title; and

(B) consultation between the Secretary and the accrediting

entity where an agency or person has engaged in substantial

noncompliance with the requirements of section 14923(b)(A)(ii)

(!1) of this title, unless the accrediting entity has taken

appropriate corrective action and the noncompliance has not

recurred.

(3) Repeated failures to comply

Repeated serious, willful, or grossly negligent failures to

comply with the requirements of section 14923(b)(1)(A)(ii) of

this title by an agency or person after consultation between

Secretary and the accrediting entity with respect to previous

noncompliance by such agency or person shall constitute a pattern

of serious, willful, or grossly negligent failures to comply

under subsection (c)(1)(B) of this section.

(4) Failure to comply with certain requirements

A failure to comply with the requirements of section

14923(b)(1)(A)(ii) of this title shall constitute a serious

failure to comply under subsection (c)(1)(B) of this section

unless it is shown by clear and convincing evidence that such

noncompliance had neither the purpose nor the effect of

determining the outcome of a decision or proceeding by a court or

other competent authority in the United States or the child's

country of origin.

-SOURCE-

(Pub. L. 106-279, title II, Sec. 204, Oct. 6, 2000, 114 Stat. 835.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section

"14923(b)(1)(A)(ii)".

-End-

-CITE-

42 USC SUBCHAPTER III - RECOGNITION OF CONVENTION

ADOPTIONS IN THE UNITED STATES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER III - RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

-HEAD-

SUBCHAPTER III - RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

-End-

-CITE-

42 USC Sec. 14931 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER III - RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

-HEAD-

Sec. 14931. Adoptions of children immigrating to the United States

-STATUTE-

(a) Legal effect of certificates issued by the Secretary of State

(1) Issuance of certificates by the Secretary of State

The Secretary of State shall, with respect to each Convention

adoption, issue a certificate to the adoptive citizen parent

domiciled in the United States that the adoption has been granted

or, in the case of a prospective adoptive citizen parent, that

legal custody of the child has been granted to the citizen parent

for purposes of emigration and adoption, pursuant to the

Convention and this chapter, if the Secretary of State -

(A) receives appropriate notification from the central

authority of such child's country of origin; and

(B) has verified that the requirements of the Convention and

this chapter have been met with respect to the adoption.

(2) Legal effect of certificates

If appended to an original adoption decree, the certificate

described in paragraph (1) shall be treated by Federal and State

agencies, courts, and other public and private persons and

entities as conclusive evidence of the facts certified therein

and shall constitute the certification required by section

1154(d)(2) of title 8.

(b) Legal effect of Convention adoption finalized in another

Convention country

A final adoption in another Convention country, certified by the

Secretary of State pursuant to subsection (a) of this section or

section 14932(c) of this title, shall be recognized as a final

valid adoption for purposes of all Federal, State, and local laws

of the United States.

(c) Condition on finalization of Convention adoption by State court

In the case of a child who has entered the United States from

another Convention country for the purpose of adoption, an order

declaring the adoption final shall not be entered unless the

Secretary of State has issued the certificate provided for in

subsection (a) of this section with respect to the adoption.

-SOURCE-

(Pub. L. 106-279, title III, Sec. 301, Oct. 6, 2000, 114 Stat.

837.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the original

"this Act", meaning Pub. L. 106-279, Oct. 6, 2000, 114 Stat. 825,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 14901 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14932 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER III - RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED

STATES

-HEAD-

Sec. 14932. Adoptions of children emigrating from the United States

-STATUTE-

(a) Duties of accredited agency or approved person

In the case of a Convention adoption involving the emigration of

a child residing in the United States to a foreign country, the

accredited agency or approved person providing adoption services,

or the prospective adoptive parent or parents acting on their own

behalf (if permitted by the laws of such other Convention country

in which they reside and the laws of the State in which the child

resides), shall do the following:

(1) Ensure that, in accordance with the Convention -

(A) a background study on the child is completed;

(B) the accredited agency or approved person -

(i) has made reasonable efforts to actively recruit and

make a diligent search for prospective adoptive parents to

adopt the child in the United States; and

(ii) despite such efforts, has not been able to place the

child for adoption in the United States in a timely manner;

and

(C) a determination is made that placement with the

prospective adoptive parent or parents is in the best interests

of the child.

(2) Furnish to the State court with jurisdiction over the case

-

(A) documentation of the matters described in paragraph (1);

(B) a background report (home study) on the prospective

adoptive parent or parents (including a criminal background

check) prepared in accordance with the laws of the receiving

country; and

(C) a declaration by the central authority (or other

competent authority) of such other Convention country -

(i) that the child will be permitted to enter and reside

permanently, or on the same basis as the adopting parent, in

the receiving country; and

(ii) that the central authority (or other competent

authority) of such other Convention country consents to the

adoption, if such consent is necessary under the laws of such

country for the adoption to become final.

(3) Furnish to the United States central authority -

(A) official copies of State court orders certifying the

final adoption or grant of custody for the purpose of adoption;

(B) the information and documents described in paragraph (2),

to the extent required by the United States central authority;

and

(C) any other information concerning the case required by the

United States central authority to perform the functions

specified in subsection (c) of this section or otherwise to

carry out the duties of the United States central authority

under the Convention.

(b) Conditions on State court orders

An order declaring an adoption to be final or granting custody

for the purpose of adoption in a case described in subsection (a)

of this section shall not be entered unless the court -

(1) has received and verified to the extent the court may find

necessary -

(A) the material described in subsection (a)(2) of this

section; and

(B) satisfactory evidence that the requirements of Articles 4

and 15 through 21 of the Convention have been met; and

(2) has determined that the adoptive placement is in the best

interests of the child.

(c) Duties of the Secretary of State

In a case described in subsection (a) of this section, the

Secretary, on receipt and verification as necessary of the material

and information described in subsection (a)(3) of this section,

shall issue, as applicable, an official certification that the

child has been adopted or a declaration that custody for purposes

of adoption has been granted, in accordance with the Convention and

this chapter.

(d) Filing with registry regarding non-Convention adoptions

Accredited agencies, approved persons, and other persons,

including governmental authorities, providing adoption services in

an intercountry adoption not subject to the Convention that

involves the emigration of a child from the United States shall

file information required by regulations jointly issued by the

Attorney General and the Secretary of State for purposes of

implementing section 14912(e) of this title.

-SOURCE-

(Pub. L. 106-279, title III, Sec. 303, Oct. 6, 2000, 114 Stat.

839.)

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14931, 14953 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-HEAD-

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-End-

-CITE-

42 USC Sec. 14941 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-HEAD-

Sec. 14941. Access to Convention records

-STATUTE-

(a) Preservation of Convention records

(1) In general

Not later than 180 days after October 6, 2000, the Secretary,

in consultation with the Attorney General, shall issue

regulations that establish procedures and requirements in

accordance with the Convention and this section for the

preservation of Convention records.

(2) Applicability of notice and comment rules

Subsections (b), (c), and (d) of section 553 of title 5 shall

apply in the development and issuance of regulations under this

section.

(b) Access to Convention records

(1) Prohibition

Except as provided in paragraph (2), the Secretary or the

Attorney General may disclose a Convention record, and access to

such a record may be provided in whole or in part, only if such

record is maintained under the authority of the Immigration and

Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or

access to, such record is permitted or required by applicable

Federal law.

(2) Exception for administration of the Convention

A Convention record may be disclosed, and access to such a

record may be provided, in whole or in part, among the Secretary,

the Attorney General, central authorities, accredited agencies,

and approved persons, only to the extent necessary to administer

the Convention or this chapter.

(3) Penalties for unlawful disclosure

Unlawful disclosure of all or part of a Convention record shall

be punishable in accordance with applicable Federal law.

(c) Access to non-Convention records

Disclosure of, access to, and penalties for unlawful disclosure

of, adoption records that are not Convention records, including

records of adoption proceedings conducted in the United States,

shall be governed by applicable State law.

-SOURCE-

(Pub. L. 106-279, title IV, Sec. 401, Oct. 6, 2000, 114 Stat. 841.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

This chapter, referred to in subsec. (b)(2), was in the original

"this Act", meaning Pub. L. 106-279, Oct. 6, 2000, 114 Stat. 825,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 14901 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Subsec. (a) of this section effective Oct. 6, 2000, and subsecs.

(b) and (c) of this section effective upon entry into force for the

United States of the Convention on Protection of Children and

Co-operation in Respect of Intercountry Adoption, pursuant to

Article 46(2)(a) of the Convention, with transition rule, see

section 505 of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14902 of this title.

-End-

-CITE-

42 USC Sec. 14942 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-HEAD-

Sec. 14942. Documents of other Convention countries

-STATUTE-

Documents originating in any other Convention country and related

to a Convention adoption case shall require no authentication in

order to be admissible in any Federal, State, or local court in the

United States, unless a specific and supported claim is made that

the documents are false, have been altered, or are otherwise

unreliable.

-SOURCE-

(Pub. L. 106-279, title IV, Sec. 402, Oct. 6, 2000, 114 Stat. 841.)

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14943 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-HEAD-

Sec. 14943. Authorization of appropriations; collection of fees

-STATUTE-

(a) Authorization of appropriations

(1) In general

There are authorized to be appropriated such sums as may be

necessary to agencies of the Federal Government implementing the

Convention and the provisions of this chapter.

(2) Availability of funds

Amounts appropriated pursuant to paragraph (1) are authorized

to remain available until expended.

(b) Assessment of fees

(1) The Secretary may charge a fee for new or enhanced services

that will be undertaken by the Department of State to meet the

requirements of this chapter with respect to intercountry adoptions

under the Convention and comparable services with respect to other

intercountry adoptions. Such fee shall be prescribed by regulation

and shall not exceed the cost of such services.

(2) Fees collected under paragraph (1) shall be retained and

deposited as an offsetting collection to any Department of State

appropriation to recover the costs of providing such services. Such

fees shall remain available for obligation until expended.

(c) Restriction

No funds collected under the authority of this section may be

made available to an accrediting entity to carry out the purposes

of this chapter.

-SOURCE-

(Pub. L. 106-279, title IV, Sec. 403, Oct. 6, 2000, 114 Stat. 841;

Pub. L. 107-228, div. A, title II, Sec. 211(a), Sept. 30, 2002, 116

Stat. 1365.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-228, Sec. 211(a)(1), inserted

"Such fees shall remain available for obligation until expended."

at end.

Subsec. (b)(3). Pub. L. 107-228, Sec. 211(a)(2), struck out par.

(3) which read as follows: "Fees authorized under this section

shall be available for obligation only to the extent and in the

amount provided in advance in appropriations Acts."

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14944 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT

-HEAD-

Sec. 14944. Enforcement

-STATUTE-

(a) Civil penalties

Any person who -

(1) violates section 14921 of this title;

(2) makes a false or fraudulent statement, or

misrepresentation, with respect to a material fact, or offers,

gives, solicits, or accepts inducement by way of compensation,

intended to influence or affect in the United States or a foreign

country -

(A) a decision by an accrediting entity with respect to the

accreditation of an agency or approval of a person under

subchapter II of this chapter;

(B) the relinquishment of parental rights or the giving of

parental consent relating to the adoption of a child in a case

subject to the Convention; or

(C) a decision or action of any entity performing a central

authority function; or

(3) engages another person as an agent, whether in the United

States or in a foreign country, who in the course of that agency

takes any of the actions described in paragraph (1) or (2),

shall be subject, in addition to any other penalty that may be

prescribed by law, to a civil money penalty of not more than

$50,000 for a first violation, and not more than $100,000 for each

succeeding violation.

(b) Civil enforcement

(1) Authority of Attorney General

The Attorney General may bring a civil action to enforce

subsection (a) of this section against any person in any United

States district court.

(2) Factors to be considered in imposing penalties

In imposing penalties the court shall consider the gravity of

the violation, the degree of culpability of the defendant, and

any history of prior violations by the defendant.

(c) Criminal penalties

Whoever knowingly and willfully violates paragraph (1) or (2) of

subsection (a) of this section shall be subject to a fine of not

more than $250,000, imprisonment for not more than 5 years, or

both.

-SOURCE-

(Pub. L. 106-279, title IV, Sec. 404, Oct. 6, 2000, 114 Stat. 842.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter II of this chapter, referred to in subsec. (a)(2)(A),

was in the original "title II", meaning title II of Pub. L.

106-279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II

of this chapter and amended section 622 of this title. For complete

classification of title II to the Code, see Tables.

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14902 of this title.

-End-

-CITE-

42 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 14951 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 14951. Recognition of Convention adoptions

-STATUTE-

Subject to Article 24 of the Convention, adoptions concluded

between two other Convention countries that meet the requirements

of Article 23 of the Convention and that became final before the

date of entry into force of the Convention for the United States

shall be recognized thereafter in the United States and given full

effect. Such recognition shall include the specific effects

described in Article 26 of the Convention.

-SOURCE-

(Pub. L. 106-279, title V, Sec. 501, Oct. 6, 2000, 114 Stat. 843.)

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14952 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 14952. Special rules for certain cases

-STATUTE-

(a) Authority to establish alternative procedures for adoption of

children by relatives

To the extent consistent with the Convention, the Secretary may

establish by regulation alternative procedures for the adoption of

children by individuals related to them by blood, marriage, or

adoption, in cases subject to the Convention.

(b) Waiver authority

(1) In general

Notwithstanding any other provision of this chapter, to the

extent consistent with the Convention, the Secretary may, on a

case-by-case basis, waive applicable requirements of this chapter

or regulations issued under this chapter, in the interests of

justice or to prevent grave physical harm to the child.

(2) Nondelegation

The authority provided by paragraph (1) may not be delegated.

-SOURCE-

(Pub. L. 106-279, title V, Sec. 502, Oct. 6, 2000, 114 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), was in the original

"this Act", meaning Pub. L. 106-279, Oct. 6, 2000, 114 Stat. 825,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 14901 of this title and Tables.

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14953 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 14953. Relationship to other laws

-STATUTE-

(a) Preemption of inconsistent State law

The Convention and this chapter shall not be construed to preempt

any provision of the law of any State or political subdivision

thereof, or prevent a State or political subdivision thereof from

enacting any provision of law with respect to the subject matter of

the Convention or this chapter, except to the extent that such

provision of State law is inconsistent with the Convention or this

chapter, and then only to the extent of the inconsistency.

(b) Applicability of the Indian Child Welfare Act

The Convention and this chapter shall not be construed to affect

the application of the Indian Child Welfare Act of 1978 (25 U.S.C.

1901 et seq.).

(c) Relationship to other laws

Sections 3506(c), 3507, and 3512 of title 44 shall not apply to

information collection for purposes of sections 14914, 14922(b)(4),

and 14932(d) of this title or for use as a Convention record as

defined in this chapter.

-SOURCE-

(Pub. L. 106-279, title V, Sec. 503, Oct. 6, 2000, 114 Stat. 843.)

-REFTEXT-

REFERENCES IN TEXT

The Indian Child Welfare Act of 1978, referred to in subsec. (b),

is Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended, which

is classified principally to chapter 21 (Sec. 1901 et seq.) of

Title 25, Indians. For complete classification of this Act to the

Code, see Short Title note set out under section 1901 of Title 25

and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 6, 2000, with transition rule, see section

505(a)(1), (b) of Pub. L. 106-279, set out as an Effective Dates;

Transition Rule note under section 14901 of this title.

-End-

-CITE-

42 USC Sec. 14954 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 143 - INTERCOUNTRY ADOPTIONS

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 14954. No private right of action

-STATUTE-

The Convention and this chapter shall not be construed to create

a private right of action to seek administrative or judicial

relief, except to the extent expressly provided in this chapter.

-SOURCE-

(Pub. L. 106-279, title V, Sec. 504, Oct. 6, 2000, 114 Stat. 843.)

-MISC1-

EFFECTIVE DATE

Section effective upon entry into force for the United States of

the Convention on Protection of Children and Co-operation in

Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of

the Convention, with transition rule, see section 505(a)(2), (b) of

Pub. L. 106-279, set out as an Effective Dates; Transition Rule

note under section 14901 of this title.

-End-