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42 U.S.C. § 14943 — Access to Convention records
Federal law — U.S. Code and appendices · legal_authorities
**(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](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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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, adop
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Source location: Title 42, Chapter 143, § 14943; chapter-143-intercountry-adoptions.md
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**(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](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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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.
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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)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
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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
Page 8657
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14944
Statutory Notes and Related Subsidiaries
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, pur-
suant to Article 46(2)(a) of the Convention, with transi-
tion 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.
§ 14943. Authorization of appropriations; collec-
tion of fees
(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 Con-
vention and the provisions of this chapter.
(2) Availability of funds
Amounts appropriated pursuant to para-
graph (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 require-
ments of this chapter with respect to inter-
country adoptions under the Convention and
comparable services with respect to other inter-
country 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 collec-
tion to any Department of State appropriation
to recover the costs of providing such services.
Such fees shall remain available for obligation
until expended.
(Pub. L. 106–279, title IV, § 403, Oct. 6, 2000, 114
Stat. 841; Pub. L. 107–228, div. A, title II, § 211(a),
Sept. 30, 2002, 116 Stat. 1365; Pub. L. 112–276,
§ 3(a), Jan. 14, 2013, 126 Stat. 2467.)
Editorial Notes
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14943
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Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 8—ALIENS AND NATIONALITY
§ 1101
Sec.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.
PART IV—MISCELLANEOUS
1501.
Certificate of diplomatic or consular officer
of United States as to loss of American na-
tionality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.
Office of Refugee Resettlement; establish-
ment; appointment of Director; functions.
1522.
Authorization for programs for domestic re-
settlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
Definitions.
1532.
Establishment of removal court.
1533.
Removal court procedure.
1534.
Removal hearing.
1535.
Appeals.
1536.
Custody and release pending removal hearing.
1537.
Custody and release after removal hearing.
SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101
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