42 U.S.C. § 14902 — Definitions

Page 8646 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14902 plication before the effective date described in sub- section (a)(2).’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–184, § 1, Oct. 30, 2020, 134 Stat. 897, provided that: ‘‘This Act [amending section 14914 of this title and enacting provisions set out as notes under section 14914 of this title] may be cited as the ‘Intercountry Adoption Information Act of 2019’.’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–276, § 1, Jan. 14, 2013, 126 Stat. 2466, pro- vided that: ‘‘This Act [enacting section 14925 of this title, amending sections 14922 and 14943 of this title, and enacting provisions set out as a note under section 14925 of this title] may be cited as the ‘Intercountry Adoption Universal Accreditation Act of 2012’.’’ SHORT TITLE Pub. L. 106–279, § 1(a), Oct. 6, 2000, 114 Stat. 825, pro- vided 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’.’’ § 14902. Definitions As used in this chapter: (1) Accredited agency The term ‘‘accredited agency’’ means an agency accredited under subchapter II to pro- vide adoption services in the United States in cases subject to the Convention. (2) Accrediting entity The term ‘‘accrediting entity’’ means an en- tity designated under section 14922(a) of this title to accredit agencies and approve persons under subchapter II. (3) Adoption service The term ‘‘adoption service’’ means— (A) identifying a child for adoption and ar- ranging an adoption; (B) securing necessary consent to termi- nation of parental rights and to adoption; (C) performing a background study on a child or a home study on a prospective adop- tive parent, and reporting on such a study; (D) making determinations of the best in- terests 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 serv- ice pending an alternative placement. The term ‘‘providing’’, with respect to an adoption service, includes facilitating the pro- vision 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 adop- tion services in the United States in cases sub- ject to the Convention. (6) Attorney General Except as used in section 14944 of this title, the term ‘‘Attorney General’’ means the At- torney General, acting through the Commis- sioner of Immigration and Naturalization. (7) Central authority The term ‘‘central authority’’ means the en- tity 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 Conven- tion on Protection of Children and Co-oper- ation 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 coun- try party to the Convention by a United States citizen, or an adoption of a child resi- dent in the United States by an individual re- siding 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 docu- ment, an electronic collection of data, a pho- tograph, an audio or video tape, or any other information storage medium of any type what- ever that contains information about a spe- cific past, current, or prospective Convention adoption (regardless of whether the adoption was made final) that has been preserved in ac- cordance with section 14941(a) of this title by the Secretary of State or the Attorney Gen- eral. (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 in- clude any agency of government or tribal gov- ernment entity. (15) Person with an ownership or control inter- est The term ‘‘person with an ownership or con- trol 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 North- ern Mariana Islands, Guam, and the Virgin Is- lands. (Pub. L. 106–279, § 3, Oct. 6, 2000, 114 Stat. 826.) Page 8647 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14912 Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, known as the Intercountry Adoption Act of 2000, 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. Subchapter II, 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 sub- chapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables. Statutory Notes and Related Subsidiaries 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 Ef- fective Dates; Transition Rule note under section 14901 of this title. 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. SUBCHAPTER I—UNITED STATES CENTRAL AUTHORITY § 14911. Designation of central authority (a) In general For purposes of the Convention and this chap- ter— (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 chap- ter, 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 con- sular affairs, personal experience in inter- national 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. (Pub. L. 106–279, title I, § 101, Oct. 6, 2000, 114 Stat. 827.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 Ef- fective Dates; Transition Rule note under section 14901 of this title. § 14912. Responsibilities of the Secretary of State (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 jurisdic- tion of the United States. (b) Information exchange The Secretary shall be responsible for— (1) providing the central authorities of other Convention countries with information con- cerning— (A) accredited agencies and approved per- sons, agencies and persons whose accredita- tion or approval has been suspended or can- celed, and agencies and persons who have been temporarily or permanently debarred from accreditation or approval; (B) Federal and State laws relevant to im- plementing the Convention; and (C) any other matters necessary and appro- priate for implementation of the Conven- tion; (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 cal- endar year, providing to the central authority of all other Convention countries a notice re- questing the central authority of each such country to specify any requirements of such country regarding adoption, including restric- tions on the eligibility of persons to adopt, with respect to which information on the pro- spective adoptive parent or parents in the United States would be relevant; (3) making responses to notices under para- graph (2) available to— (A) accredited agencies and approved per- sons; 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 require- ments 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 jurisdic- tion over the adoption (or, in the case of a child emigrating to the United States for the purpose of adoption, to the competent author- ity in the child’s country of origin with re- sponsibility for approving the child’s emigra- tion) 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