42 U.S.C. § 14944 — Enforcement

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 REFERENCES IN TEXT This chapter, referred to in text, 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. AMENDMENTS 2013—Subsec. (c). Pub. L. 112–276 struck out subsec. (c). Text read as follows: ‘‘No funds collected under the authority of this section may be made available to an accrediting entity to carry out the purposes of this chapter.’’ 2002—Subsec. (b)(2). Pub. L. 107–228, § 211(a)(1), in- serted ‘‘Such fees shall remain available for obligation until expended.’’ at end. Subsec. (b)(3). Pub. L. 107–228, § 211(a)(2), struck out par. (3) which read as follows: ‘‘Fees authorized under this section shall be available for obligation only to the extent and in the amount provided in advance in appro- priations Acts.’’ 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. § 14944. Enforcement (a) Civil penalties Any person who— (1) violates section 14921 of this title; (2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts in- ducement 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 agen- cy 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 per- forming 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 para- graph (1) or (2), shall be subject, in addition to any other pen- alty 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 ac- tion to enforce subsection (a) against any per- son in any United States district court. (2) Factors to be considered in imposing pen- alties In imposing penalties the court shall con- sider the gravity of the violation, the degree of culpability of the defendant, and any his- tory 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 $250,000, im- prisonment for not more than 5 years, or both. (Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.) Editorial Notes REFERENCES IN TEXT Subchapter II, referred to in subsec. (a)(2)(A), 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 upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- Page 8658 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14951 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. SUBCHAPTER V—GENERAL PROVISIONS § 14951. Recognition of Convention adoptions Subject to Article 24 of the Convention, adop- tions concluded between two other Convention countries that meet the requirements of Article 23 of the Convention and that became final be- fore the date of entry into force of the Conven- tion for the United States shall be recognized thereafter in the United States and given full ef- fect. Such recognition shall include the specific effects described in Article 26 of the Convention. (Pub. L. 106–279, title V, § 501, Oct. 6, 2000, 114 Stat. 843.) 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. § 14952. Special rules for certain cases (a) Authority to establish alternative procedures for adoption of children by relatives To the extent consistent with the Convention, the Secretary may establish by regulation alter- native procedures for the adoption of children by individuals related to them by blood, mar- riage, or adoption, in cases subject to the Con- vention. (b) Waiver authority (1) In general Notwithstanding any other provision of this chapter, to the extent consistent with the Convention, the Secretary may, on a case-by- case basis, waive applicable requirements of this chapter or regulations issued under this chapter, in the interests of justice or to pre- vent grave physical harm to the child. (2) Nondelegation The authority provided by paragraph (1) may not be delegated. (Pub. L. 106–279, title V, § 502, Oct. 6, 2000, 114 Stat. 843.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), 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 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. § 14953. Relationship to other laws (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 provi- sion of State law is inconsistent with the Con- vention or this chapter, and then only to the ex- tent 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 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. (Pub. L. 106–279, title V, § 503, Oct. 6, 2000, 114 Stat. 843.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. The Indian Child Welfare Act of 1978, referred to in subsec. (b), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 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. § 14954. No private right of action 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. (Pub. L. 106–279, title V, § 504, Oct. 6, 2000, 114 Stat. 843.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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