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42 U.S.C. § 14921 — Responsibilities of the Attorney General
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.
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Stable record: federal_law:legal_authorities:record_usc_81b68695c2695a6780b9db9d
Source file: Laws/federal/codes/united-states-code/title-42/section-14921-responsibilities-of-the-attorney-general--1d4d2abde5.md
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Source location: Title 42, Chapter 143, § 14921; chapter-143-intercountry-adoptions.md
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The provisions of title II and section 404 of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14901&num=0&edition=prelim) et seq.[, [42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)]), and related implementing regulations, shall apply to any person offering or providing adoption services in connection with a child described in [section 1101(b)(1)(F) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1/F&num=0&edition=prelim), to the same extent as they apply to the offering or provision of adoption services in connection with a Convention adoption. The Secretary of State, the Secretary of Homeland Security, the Attorney General (with respect to section 404(b) of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)[(b)])), and the accrediting entities shall have the duties, responsibilities, and authorities under title II and title IV of the Intercountry Adoption Act of 2000 [[42 U.S.C. 14921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921&num=0&edition=prelim) et seq., 14941 et seq.] and related implementing regulations with respect to a person offering or providing such adoption services, irrespective of whether such services are offered or provided in connection with a Convention adoption.
**(b) Effective date** The provisions of this section shall take effect 18 months after January 14, 2013.
**(c) Transition rule** This Act shall not apply to a person offering or providing adoption services as described in su
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14932
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties** Any person who—
(1) violates [section 14921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921&num=0&edition=prelim);
(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;
(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) 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) shall be subject to a fine of not more than $250,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14952
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Federal law — U.S. Code and appendices · legal_authorities
Page 8650
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14921
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
Except as otherwise provided in this sub-
chapter, no person may offer or provide adoption
services in connection with a Convention adop-
tion 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 fol-
lowing:
(1) Background studies and home studies
The performance of a background study on a
child or a home study on a prospective adop-
tive parent, or any report on any such study
by a social work professional or organization
who is not providing any other adoption serv-
ice 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 adop-
tion 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 ex-
tent not prohibited by the law of the State in
which the prospective adoptive parent resides.
(Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114
Stat. 830.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the
original ‘‘this title’’, meaning title II of Pub. L. 10
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14921
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