42 U.S.C. § 14911 — Designation of central authority

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