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42 U.S.C. § 14943 (THE PUBLIC HEALTH AND WELFARE)
§ 14943. Authorization of appropriations; collection 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 Convention and the provisions of this chapter.
(2) Availability of funds
Amounts 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.
(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.)
heading: References in Text
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.
heading: Amendments
text: 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), inserted “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 appropriations Acts.”
heading: Effective Date
text: Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
42 U.S.C. § 14944 (THE PUBLIC HEALTH AND WELFARE)
§ 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 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 of this chapter;
(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 General may bring a civil action to enforce subsection (a) of this section 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.
(c) Criminal penalties
Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) of this section shall be subject to a fine of not more than $250,000, imprisonment for not more than 5 years, or both.
(Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)
heading: References in Text
text: Subchapter II of this chapter, 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 subchapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables.
heading: Effective Date
text: 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, pursuant to Article 46(2)(a) of the Convention, with transition 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.
42 U.S.C. § 14951 (THE PUBLIC HEALTH AND WELFARE)
§ 14951. 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.
(Pub. L. 106–279, title V, § 501, Oct. 6, 2000, 114 Stat. 843.)
heading: Effective Date
text: 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, pursuant to Article 46(2)(a) of the Convention, with transition 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.
42 U.S.C. § 14952 (THE PUBLIC HEALTH AND WELFARE)
§ 14952. 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 chapter, to the extent consistent with the Convention, the Secretary may, on a case-by-case basis, waive applicable requirements of this chapter or regulations issued under this chapter, 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.
(Pub. L. 106–279, title V, § 502, Oct. 6, 2000, 114 Stat. 843.)
heading: References in Text
text: This chapter, referred to in subsec. (b)(1), 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.
heading: Effective Date
text: 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, pursuant to Article 46(2)(a) of the Convention, with transition 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.
42 U.S.C. § 14953 (THE PUBLIC HEALTH AND WELFARE)
§ 14953. Relationship to other laws
(a) Preemption of inconsistent State law
The Convention and this chapter 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 chapter, except to the extent that such provision of State law is inconsistent with the Convention or this chapter, and then only to the extent of the inconsistency.
(b) Applicability of the Indian Child Welfare Act
The Convention and this chapter shall not be construed to affect the application 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 shall not apply to information collection for purposes of sections 14914, 14922(b)(4), and 14932(d) of this title or for use as a Convention record as defined in this chapter.
(Pub. L. 106–279, title V, § 503, Oct. 6, 2000, 114 Stat. 843.)
heading: References in Text
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.
The Indian Child Welfare Act of 1978, referred to in subsec. (b), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 and Tables.
heading: Effective Date
text: Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
42 U.S.C. § 14954 (THE PUBLIC HEALTH AND WELFARE)
§ 14954. No private right of action
The Convention and this chapter 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 chapter.
(Pub. L. 106–279, title V, § 504, Oct. 6, 2000, 114 Stat. 843.)
heading: References in Text
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.
heading: Effective Date
text: 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, pursuant to Article 46(2)(a) of the Convention, with transition 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.
42 U.S.C. § 15003 (THE PUBLIC HEALTH AND WELFARE)
§ 15003. Records and audits
(a) Records
Each recipient of assistance under this subchapter shall keep such records as the Secretary shall prescribe, including—
(1) records that fully disclose—
(A) the amount and disposition by such recipient of the assistance;
(B) the total cost of the project or undertaking in connection with which such assistance is given or used; and
(C) the amount of that portion of the cost of the project or undertaking that is supplied by other sources; and
(2) such other records as will facilitate an effective audit.
(b) Access
The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of assistance under this subchapter that are pertinent to such assistance.
(Pub. L. 106–402, title I, § 103, Oct. 30, 2000, 114 Stat. 1688.)
42 U.S.C. § 15005 (THE PUBLIC HEALTH AND WELFARE)
§ 15005. Reports of the Secretary
At least once every 2 years, the Secretary, using information submitted in the reports and information required under parts B, C, D, and E of this subchapter, shall prepare and submit to the President, Congress, and the National Council on Disability, a report that describes the goals and outcomes of programs supported under parts B, C, D, and E of this subchapter. In preparing the report, the Secretary shall provide—
(1) meaningful examples of how the councils, protection and advocacy systems, centers, and entities funded under parts B, C, D, and E of this subchapter, respectively—
(A) have undertaken coordinated activities with each other;
(B) have enhanced the ability of individuals with developmental disabilities and their families to participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life;
(C) have brought about advocacy, capacity building, and systemic change activities (including policy reform), and other actions on behalf of individuals with developmental disabilities and their families, including individuals who are traditionally unserved or underserved, particularly individuals who are members of ethnic and racial minority groups and individuals from underserved geographic areas; and
(D) have brought about advocacy, capacity building, and systemic change activities that affect individuals with disabilities other than individuals with developmental disabilities;
(2) information on the extent to which programs authorized under this subchapter have addressed—
(A) protecting individuals with developmental disabilities from abuse, neglect, sexual and financial exploitation, and violations of legal and human rights, so that those individuals are at no greater risk of harm than other persons in the general population; and
(B) reports of deaths of and serious injuries to individuals with developmental disabilities; and
(3) a summary of any incidents of noncompliance of the programs authorized under this subchapter with the provisions of this subchapter, and corrections made or actions taken to obtain compliance.
(Pub. L. 106–402, title I, § 105, Oct. 30, 2000, 114 Stat. 1690.)
42 U.S.C. § 15006 (THE PUBLIC HEALTH AND WELFARE)
§ 15006. State control of operations
Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any programs, services, and supports for individuals with developmental disabilities with respect to which any funds have been or may be expended under this subchapter.
(Pub. L. 106–402, title I, § 106, Oct. 30, 2000, 114 Stat. 1691.)
42 U.S.C. § 15007 (THE PUBLIC HEALTH AND WELFARE)
§ 15007. Employment of individuals with disabilities
As a condition of providing assistance under this subchapter, the Secretary shall require that each recipient of such assistance take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that govern employment.
(Pub. L. 106–402, title I, § 107, Oct. 30, 2000, 114 Stat. 1691.)
heading: References in Text
text: The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the Act is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Americans with Disabilities Act of 1990, referred to in text, is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.
42 U.S.C. § 15008 (THE PUBLIC HEALTH AND WELFARE)
§ 15008. Construction
Nothing in this subchapter shall be construed to preclude an entity funded under this subchapter from engaging in advocacy, capacity building, and systemic change activities for individuals with developmental disabilities that may also have a positive impact on individuals with other disabilities.
(Pub. L. 106–402, title I, § 108, Oct. 30, 2000, 114 Stat. 1692.)
42 U.S.C. § 15021 (THE PUBLIC HEALTH AND WELFARE)
§ 15021. Purpose
The purpose of this part is to provide for allotments to support State Councils on Developmental Disabilities (referred to individually in this part as a “Council”) in each State to—
(1) engage in advocacy, capacity building, and systemic change activities that are consistent with the purpose described in section 15001(b) of this title and the policy described in section 15001(c) of this title; and
(2) contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life.
(Pub. L. 106–402, title I, § 121, Oct. 30, 2000, 114 Stat. 1693.)
42 U.S.C. § 15023 (THE PUBLIC HEALTH AND WELFARE)
§ 15023. Payments to the States for planning, administration, and services
(a) State plan expenditures
From each State’s allotments for a fiscal year under section 15022 of this title, the Secretary shall pay to the State the Federal share of the cost, other than the cost for construction, incurred during such year for activities carried out under the State plan approved under section 15024 of this title. The Secretary shall make such payments from time to time in advance on the basis of estimates by the Secretary of the sums the State will expend for the cost under the State plan. The Secretary shall make such adjustments as may be necessary to the payments on account of previously made underpayments or overpayments under this section.
(b) Designated State agency expenditures
The Secretary may make payments to a State for the portion described in section 15024(c)(5)(B)(vi) of this title in advance or by way of reimbursement, and in such installments as the Secretary may determine.
(Pub. L. 106–402, title I, § 123, Oct. 30, 2000, 114 Stat. 1696.)
42 U.S.C. § 15026 (THE PUBLIC HEALTH AND WELFARE)
§ 15026. Federal and non-Federal share
(a) Aggregate cost
(1) In general
Except as provided in paragraphs (2) and (3), the Federal share of the cost of all projects in a State supported by an allotment to the State under this part may not be more than 75 percent of the aggregate necessary cost of such projects, as determined by the Secretary.
(2) Urban or rural poverty areas
In the case of projects whose activities or products target individuals with developmental disabilities who live in urban or rural poverty areas, as determined by the Secretary, the Federal share of the cost of all such projects may not be more than 90 percent of the aggregate necessary cost of such projects, as determined by the Secretary.
(3) State plan activities
In the case of projects undertaken by the Council or Council staff to implement State plan activities, the Federal share of the cost of all such projects may be not more than 100 percent of the aggregate necessary cost of such activities.
(b) Nonduplication
In determining the amount of any State’s Federal share of the cost of such projects incurred by such State under a State plan approved under section 15024 of this title, the Secretary shall not consider—
(1) any portion of such cost that is financed by Federal funds provided under any provision of law other than section 15022 of this title; and
(2) the amount of any non-Federal funds required to be expended as a condition of receipt of the Federal funds described in paragraph (1).
(c) Non-Federal share
(1) In-kind contributions
The non-Federal share of the cost of any project supported by an allotment under this part may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.
(2) Contributions of political subdivisions and public or private entities
(A) In general
Contributions to projects by a political subdivision of a State or by a public or private entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regulation prescribe under section 15004(b) of this title, be considered to be contributions by such State, in the case of a project supported under this part.
(B) State contributions
State contributions, including contributions by the designated State agency to provide support services to the Council pursuant to section 15025(d)(4) of this title, may be counted as part of such State’s non-Federal share of the cost of projects supported under this part.
(3) Variations of the non-Federal share
The non-Federal share required of each recipient of a grant from a Council under this part may vary.
(Pub. L. 106–402, title I, § 126, Oct. 30, 2000, 114 Stat. 1710.)
42 U.S.C. § 15027 (THE PUBLIC HEALTH AND WELFARE)
§ 15027. Withholding of payments for planning, administration, and services
Whenever the Secretary, after providing reasonable notice and an opportunity for a hearing to the Council and the designated State agency, finds that—
(1) the Council or agency has failed to comply substantially with any of the provisions required by section 15024 of this title to be included in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c) of this title, or with any of the provisions required by section 15025(b)(3) of this title; or
(2) the Council or agency has failed to comply substantially with any regulations of the Secretary that are applicable to this part,
the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 15022 of this title (or, in the discretion of the Secretary, that further payments to the State under section 15022 of this title for activities for which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payments to the State under section 15022 of this title, or shall limit further payments under section 15022 of this title to such State to activities for which there is no such failure.
(Pub. L. 106–402, title I, § 127, Oct. 30, 2000, 114 Stat. 1711.)