42 U.S.C. § 14912 — Responsibilities of the Secretary of State

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 Page 8648 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14913 with an identification of Convention countries and persons authorized to perform functions under the Convention in each such country; and (6) facilitating the transmittal of other ap- propriate information to, and among, central authorities, Federal and State agencies (in- cluding State courts), and accredited agencies and approved persons. (c) Accreditation and approval responsibilities The Secretary shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in subchapter II. Such functions may not be delegated to any other Federal agen- cy. (d) Additional responsibilities The Secretary— (1) shall monitor individual Convention adoption cases involving United States citi- zens; and (2) may facilitate interactions between such citizens and officials of other Convention countries on matters relating to the Conven- tion in any case in which an accredited agency or approved person is unwilling or unable to provide such facilitation. (e) Establishment of registry The Secretary and the Attorney General shall jointly establish a case registry of all adoptions involving immigration of children into the United States and emigration of children from the United States, regardless of whether the adoption occurs under the Convention. Such reg- istry shall permit tracking of pending cases and retrieval of information on both pending and closed cases. (f) Methods of performing responsibilities The Secretary may— (1) authorize public or private entities to perform appropriate central authority func- tions for which the Secretary is responsible, pursuant to regulations or under agreements published in the Federal Register; and (2) carry out central authority functions through grants to, or contracts with, any indi- vidual or public or private entity, except as may be otherwise specifically provided in this chapter. (Pub. L. 106–279, title I, § 102, Oct. 6, 2000, 114 Stat. 828.) Editorial Notes REFERENCES IN TEXT Subchapter II, referred to in subsec. (c), was in the original ‘‘title II’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables. This chapter, referred to in subsec. (f)(2), 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 chap- ter. 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. § 14913. Responsibilities of the Attorney General 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 Conven- tion (relating to the filing of applications by prospective adoptive parents to the central au- thority of their country of residence) shall be performed by the Attorney General. (Pub. L. 106–279, title I, § 103, Oct. 6, 2000, 114 Stat. 829.) 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. 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. § 14914. Annual report on intercountry adoptions (a) Reports required Beginning 1 year after the date of the entry into force of the Convention for the United States and each year thereafter, the Secretary, in consultation with the Attorney General and other appropriate agencies, shall submit a re- port describing the activities of the central au- thority of the United States under this chapter during the preceding year to the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives and the Com- mittee on Foreign Relations, the Committee on Finance, and the Committee on the Judiciary of the Senate. (b) Report elements Each report under subsection (a) shall set forth with respect to the year concerned, the following: (1) The number of intercountry adoptions in- volving immigration to the United States, re- gardless of whether the adoption occurred under the Convention, including the country from which each child emigrated, the State to which each child immigrated, and the country in which the adoption was finalized. (2) The number of intercountry adoptions in- volving emigration from the United States, re- gardless of whether the adoption occurred under the Convention, including the country to which each child immigrated and the State from which each child emigrated.