42 U.S.C. § 14914 — Annual report on intercountry adoptions

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. Page 8649 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14914 (3) The number of Convention placements for adoption in the United States that were dis- rupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disrup- tion, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disrup- tion or dissolution of adoptions of children from other countries received pursuant to sec- tion 622(b)(12) of this title. (4) The average time required for completion of a Convention adoption, set forth by country from which the child emigrated. (5) The current list of agencies accredited and persons approved under this chapter to provide adoption services. (6) The names of the agencies and persons temporarily or permanently debarred under this chapter, and the reasons for the debar- ment. (7) The range of adoption fees charged in connection with Convention adoptions involv- ing immigration to the United States and the median of such fees set forth by the country of origin. (8) The range of fees charged for accredita- tion of agencies and the approval of persons in the United States engaged in providing adop- tion services under the Convention. (9) A list of countries that established or maintained a significant law or regulation that prevented or prohibited adoptions involv- ing immigration to the United States, regard- less of whether such adoptions occurred under the Convention. (10) For each country listed under paragraph (9), the date on which the law or regulation was initially implemented. (11) Information on efforts taken with re- spect to a country listed under paragraph (9) to encourage the resumption of halted or stalled adoption proceedings involving immi- gration to the United States, regardless of whether the adoptions would have occurred under the Convention. (12) Information on any action the Secretary carried out that prevented, prohibited, or halt- ed any adoptions involving immigration to the United States, regardless of whether the adop- tions occurred under the Convention. (13) For each country listed pursuant to paragraph (12), a description of— (A) what policies, procedures, resources, and safeguards the country lacks, or other shortcomings or circumstances, that caused the action to be carried out; (B) what progress the country has made to alleviate those shortcomings; and (C) what steps the Department of State has taken in order to assist the country to reopen intercountry adoptions. (14) An assessment of the impact of the fee schedule of the Intercountry Adoption Accred- itation and Maintenance Entity on families seeking to adopt internationally, especially low-income families, families seeking to adopt sibling groups, or families seeking to adopt children with disabilities. (c) Public availability of report The Secretary shall make the information contained in the report required under sub- section (a) available to the public on the website of the Department of State. (Pub. L. 106–279, title I, § 104, Oct. 6, 2000, 114 Stat. 829; Pub. L. 109–288, § 6(f)(9), Sept. 28, 2006, 120 Stat. 1248; Pub. L. 116–184, § 2(a), (b), (d), Oct. 30, 2020, 134 Stat. 897, 898.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(5), (6), 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 2020—Subsec. (a). Pub. L. 116–184, § 2(d), substituted ‘‘Foreign Affairs’’ for ‘‘International Relations’’. Subsec. (b)(9) to (14). Pub. L. 116–184, § 2(a), added pars. (9) to (14). Subsec. (c). Pub. L. 116–184, § 2(b), added subsec. (c). 2006—Subsec. (b)(3). Pub. L. 109–288 substituted ‘‘622(b)(12)’’ for ‘‘622(b)(14)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–184, § 2(e), Oct. 30, 2020, 134 Stat. 898, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to re- ports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) be- ginning on the date that is 180 days after the date of en- actment of this Act [Oct. 30, 2020].’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under parts B and E of sub- chapter IV of chapter 7 of this title for calendar quar- ters beginning on or after such date, without regard to whether implementing regulations have been promul- gated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under sec- tion 621 of this title. 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. PRIVACY CONCERNS Pub. L. 116–184, § 2(c), Oct. 30, 2020, 134 Stat. 898, pro- vided that: ‘‘In complying with the amendments made by subsections (a) and (b) [amending this section], the Secretary shall avoid, to the maximum extent prac- ticable, disclosing any personally identifiable informa- tion relating to United States citizens or the adoptees of such citizens.’’ Page 8650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14921 SUBCHAPTER II—PROVISIONS RELATING TO ACCREDITATION AND APPROVAL § 14921. Accreditation or approval required in order to provide adoption services in cases subject to the Convention (a) In general Except as otherwise provided in this sub- chapter, no person may offer or provide adoption services in connection with a Convention adop- tion in the United States unless that person— (1) is accredited or approved in accordance with this subchapter; or (2) is providing such services through or under the supervision and responsibility of an accredited agency or approved person. (b) Exceptions Subsection (a) shall not apply to the fol- lowing: (1) Background studies and home studies The performance of a background study on a child or a home study on a prospective adop- tive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption serv- ice in the case, if the background or home study is approved by an accredited agency. (2) Child welfare services The provision of a child welfare service by a person who is not providing any other adop- tion service in the case. (3) Legal services The provision of legal services by a person who is not providing any adoption service in the case. (4) Prospective adoptive parents acting on own behalf The conduct of a prospective adoptive parent on his or her own behalf in the case, to the ex- tent not prohibited by the law of the State in which the prospective adoptive parent resides. (Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114 Stat. 830.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. 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- 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. § 14922. Process for accreditation and approval; role of accrediting entities (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 de- scribed in subsection (b) in accordance with the Convention, this subchapter, and the regu- lations prescribed under section 14923 of this title, and upon entering into each such agree- ment 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 ex- pertise in developing and administering standards for entities providing child wel- fare services and that meets such other cri- teria as the Secretary may by regulation es- tablish; or (B) a public entity (other than a Federal entity), including an agency or instrumen- tality of State government having responsi- bility for licensing adoption agencies, that— (i) has expertise in developing and ad- ministering standards for entities pro- viding 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 Sec- retary 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 Conven- tion. (2) Oversight Ongoing monitoring of the compliance of ac- credited agencies and approved persons with applicable requirements, including review of complaints against such agencies and persons in accordance with procedures established by the accrediting entity and approved by the Secretary. (3) Enforcement Taking of adverse actions (including requir- ing corrective action, imposing sanctions, and refusing to renew, suspending, or canceling ac- creditation or approval) for noncompliance with applicable requirements, and notifying the agency or person against whom adverse actions are taken of the deficiencies necessi- tating the adverse action. (4) Data, records, and reports Collection of data, maintenance of records, and reporting to the Secretary, the United States central authority, State courts, and other entities (including on persons and agen- cies granted or denied approval or accredita- tion), to the extent and in the manner that the Secretary requires. (5) Report on use of Federal funding Not later than 90 days after an accrediting entity receives Federal funding authorized by section 14943 of this title, the entity shall sub- mit a report to the Committee on Foreign Re-