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42 U.S.C. § 14901 — Relationship to other laws
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14901
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Stable record: federal_law:legal_authorities:record_usc_34c69517e0b2bc37f97a7dbc
Source file: Laws/federal/codes/united-states-code/title-42/section-14901-relationship-to-other-laws--23eea575fd.md
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Source location: Title 42, Chapter 143, § 14901; chapter-143-intercountry-adoptions.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
**(b) Report to Congress; contents, etc.** The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14902
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Accredited agency** — The term “accredited agency” means an agency accredited under subchapter II 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14922/a&num=0&edition=prelim) to accredit agencies and approve persons under subchapter II.
(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim), the term “Attorney General”
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14912
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14913
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921/b/1&num=0&edition=prelim);
(4) ensuring the provision of a background repor
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14914
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14921
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Foreign Affairs, 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) 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 pursuan
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14922
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14923
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Federal law — U.S. Code and appendices · legal_authorities
**(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) in accordance with the Convention, this subchapter, and the regulations prescribed under [section 14923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923&num=0&edition=prelim), 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 i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14924
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) shall apply in the development and issuance of regulations under this section.
**(b) Minimum requirements**
(1) **Accreditation** — The standards prescribed under subsection (a) 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) Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14925
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