H. R. 2909—18
(1) IN GENERAL.—There 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 Act.
(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant 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 Act with respect to inter-
country adoptions under the Convention and comparable serv-
ices 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.
(3) Fees authorized under this section shall be available
for obligation only to the extent and in the amount provided
in advance in appropriations Acts.
(c) RESTRICTION.—No funds collected under the authority of
this section may be made available to an accrediting entity to
carry out the purposes of this Act.
SEC. 404. ENFORCEMENT.
(a) CIVIL PENALTIES.—Any person who—
(1) violates section 201;
(2) makes a false or fraudulent statement, or misrepresen-
tation, 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 title 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 GENERAL.—The Attorney Gen-
eral 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 PENALTIES.—
In 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.
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(c) CRIMINAL PENALTIES.—Whoever knowingly and willfully vio-
lates 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.
TITLE V—GENERAL PROVISIONS
SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS.
Subject to Article 24 of the Convention, adoptions concluded
between two other Convention countries that meet the requirements
of Article 23 of the Convention and that became final before the
date of entry into force of the Convention for the United States
shall be recognized thereafter in the United States and given full
effect. Such recognition shall include the specific effects described
in Article 26 of the Convention.
SEC. 502. 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
alternative procedures for the adoption of children by individuals
related to them by blood, marriage, or adoption, in cases subject
to the Convention.
(b) WAIVER AUTHORITY.—
(1) IN GENERAL.—Notwithstanding any other provision of
this Act, to the extent consistent with the Convention, the
Secretary may, on a case-by-case basis, waive applicable
requirements of this Act or regulations issued under this Act,
in the interests of justice or to prevent grave physical harm
to the child.
(2) NONDELEGATION.—The authority provided by paragraph
(1) may not be delegated.
SEC. 503. RELATIONSHIP TO OTHER LAWS.
(a) PREEMPTION OF INCONSISTENT STATE LAW.—The Convention
and this Act 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 Act, except to the extent that such provision of State law
is inconsistent with the Convention or this Act, and then only
to the extent of the inconsistency.
(b) APPLICABILITY OF THE INDIAN CHILD WELFARE ACT.—The
Convention and this Act shall not be construed to affect the applica-
tion 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, United States Code, shall not apply to information
collection for purposes of sections 104, 202(b)(4), and 303(d) of
this Act or for use as a Convention record as defined in this
Act.
SEC. 504. NO PRIVATE RIGHT OF ACTION.
The Convention and this Act 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 Act.
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SEC. 505. EFFECTIVE DATES; TRANSITION RULE.
(a) EFFECTIVE DATES.—
(1) PROVISIONS EFFECTIVE UPON ENACTMENT.—Sections 2,
3, 101 through 103, 202 through 205, 401(a), 403, 503, and
505(a) shall take effect on the date of the enactment of this
Act.
(2) PROVISIONS EFFECTIVE UPON THE ENTRY INTO FORCE
OF THE CONVENTION.—Subject to subsection (b), the provisions
of this Act not specified in paragraph (1) shall take effect
upon the entry into force of the Convention for the United
States pursuant to Article 46(2)(a) of the Convention.
(b) TRANSITION RULE.—The Convention and this Act shall not
apply—
(1) in the case of a child immigrating to the United States,
if the application for advance processing of an orphan petition
or petition to classify an orphan as an immediate relative
for the child is filed before the effective date described in
subsection (a)(2); or
(2) in the case of a child emigrating from the United
States, if the prospective adoptive parents of the child initiated
the adoption process in their country of residence with the
filing of an appropriate application before the effective date
described in subsection (a)(2).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.