42 U.S.C. § 14943 — Authorization of appropriations; collec-

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-