USC Subchapter IV

in effect

42 U.S.C. § 14941 Access to Convention records

(a) Preservation of Convention records(1) In generalNot later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records. (2) Applicability of notice and comment rulesSubsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section. (b) Access to Convention records(1) ProhibitionExcept as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law. (2) Exception for administration of the ConventionA Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter. (3) Penalties for unlawful disclosureUnlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law. (c) Access to non-Convention recordsDisclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law.

42 U.S.C. § 14942 Documents of other Convention countries

Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.

42 U.S.C. § 14943 Authorization of appropriations; collection of fees

(a) Authorization of appropriations(1) In generalThere are authorized to be appropriated such sums as may be necessary to agencies of the Federal Government implementing the Convention and the provisions of this chapter. (2) Availability of fundsAmounts appropriated pursuant to paragraph (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 requirements of this chapter with respect to intercountry adoptions under the Convention and comparable services with respect to other intercountry 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 collection to any Department of State appropriation to recover the costs of providing such services. Such fees shall remain available for obligation until expended.

42 U.S.C. § 14944 Enforcement

(a) Civil penaltiesAny 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 inducement 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 agency 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 performing 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 paragraph (1) or (2), shall be subject, in addition to any other penalty 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 GeneralThe Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court. (2) Factors to be considered in imposing penaltiesIn imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant. (c) Criminal penaltiesWhoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.