dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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;
(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) 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) 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: Editorial Notes
heading: References in Text
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 subchapter II of this chapter and amended section 622 of this title. For complete classification of title II to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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. § 15112 (THE PUBLIC HEALTH AND WELFARE)
§ 15112. Definitions
In this subchapter:
(1) Developmental disability
The term “developmental disability” has the meaning given the term in section 15002 of this title.
(2) Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1141 1 of title 20.
(3) Secretary
The term “Secretary” means the Secretary of Health and Human Services.
(Pub. L. 106–402, title III, § 302, Oct. 30, 2000, 114 Stat. 1734.)
heading: Editorial Notes
heading: References in Text
text: Section 1141 of title 20, referred to in par. (2), was repealed by Pub. L. 105–244, § 3, title I, § 101(b), title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. However, the term “institution of higher education” is defined in section 1001 of Title 20, Education.
42 U.S.C. § 15201 (THE PUBLIC HEALTH AND WELFARE)
§ 15201. Authorization of Medal
After September 1, 2001, the President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. The Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.
(Pub. L. 107–12, § 2, May 30, 2001, 115 Stat. 20.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 107–12, § 1, May 30, 2001, 115 Stat. 20, provided that: “This Act [enacting this chapter and amending section 2214 of Title 15, Commerce and Trade] may be cited as the ‘Public Safety Officer Medal of Valor Act of 2001’.”
42 U.S.C. § 15204 (THE PUBLIC HEALTH AND WELFARE)
§ 15204. Definitions
In this chapter:
(1) Public safety officer
The term “public safety officer” means a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency services officer, as determined by the Attorney General. For the purposes of this paragraph, the term “law enforcement officer” includes a person who is a corrections or court officer or a civil defense officer.
(2) State
The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(Pub. L. 107–12, § 5, May 30, 2001, 115 Stat. 22.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in introductory provisions, was in the original “this Act”, meaning Pub. L. 107–12, May. 30, 2001, 115 Stat. 20, known as the Public Safety Officer Medal of Valor Act of 2001, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 15201 of this title and Tables.
42 U.S.C. § 15205 (THE PUBLIC HEALTH AND WELFARE)
§ 15205. Authorization of appropriations
There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this chapter.
(Pub. L. 107–12, § 6, May 30, 2001, 115 Stat. 22.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–12, May. 30, 2001, 115 Stat. 20, known as the Public Safety Officer Medal of Valor Act of 2001, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 15201 of this title and Tables.
42 U.S.C. § 15701 (THE PUBLIC HEALTH AND WELFARE)
§ 15701. Findings
The Congress finds the following:
(1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards.
(2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms.
(3) Improved windstorm impact reduction measures have the potential to reduce these losses through—
(A) cost-effective and affordable design and construction methods and practices;
(B) effective mitigation programs at the local, State, and national level;
(C) improved data collection and analysis and impact prediction methodologies;
(D) engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and
(E) public education and outreach.
(4) There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities.
(Pub. L. 108–360, title II, § 202, Oct. 25, 2004, 118 Stat. 1675.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2015 Amendment
text: Pub. L. 114–52, § 1, Sept. 30, 2015, 129 Stat. 496, provided that: “This Act [amending sections 15702 to 15704 and 15706 of this title] may be cited as the ‘National Windstorm Impact Reduction Act Reauthorization of 2015’.”
heading: Short Title
text: Pub. L. 108–360, title II, § 201, Oct. 25, 2004, 118 Stat. 1675, provided that: “This Act [probably should be ‘this title’, enacting this chapter and amending section 1885d of this title] may be cited as the ‘National Windstorm Impact Reduction Act of 2004’.”
42 U.S.C. § 15702 (THE PUBLIC HEALTH AND WELFARE)
§ 15702. Definitions
In this chapter:
(1) Director
The term “Director” means the Director of the National Institute of Standards and Technology.
(2) Lifelines
The term “lifelines” means public works and utilities, including transportation facilities and infrastructure, oil and gas pipelines, electrical power and communication facilities and infrastructure, and water supply and sewage treatment facilities.
(3) Program
The term “Program” means the National Windstorm Impact Reduction Program established by section 15703(a) of this title.
(4) State
The term “State” means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(5) Windstorm
The term “windstorm” means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, northeaster, tornado, or thunderstorm.
(Pub. L. 108–360, title II, § 203, Oct. 25, 2004, 118 Stat. 1676; Pub. L. 114–52, § 2, Sept. 30, 2015, 129 Stat. 496.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 108–360, Oct. 25, 2004, 118 Stat. 1675, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 15701 of this title and Tables.
heading: Amendments
text: 2015—Par. (1). Pub. L. 114–52, § 2(a), substituted “Director of the National Institute of Standards and Technology” for “Director of the Office of Science and Technology Policy”.
Par. (2). Pub. L. 114–52, § 2(b)(2), added par. (2). Former par. (2) redesignated (3).
Pars. (3), (4). Pub. L. 114–52, § 2(b)(1), redesignated pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).
Par. (5). Pub. L. 114–52, § 2(b)(1), (c), redesignated par. (4) as (5) and inserted “northeaster,” after “tropical storm,”.
42 U.S.C. § 15704 (THE PUBLIC HEALTH AND WELFARE)
§ 15704. National Advisory Committee on Windstorm Impact Reduction
(a) In general
The Director of the National Institute of Standards and Technology shall establish an Advisory Committee on Windstorm Impact Reduction, which shall be composed of at least 7 and not more than 15 members who are qualified to provide advice on windstorm impact reduction and represent related scientific, architectural, and engineering disciplines, none of whom may be employees of the Federal Government, including—
(1) representatives of research and academic institutions;
(2) industry standards development organizations;
(3) emergency management agencies;
(4) State and local government; and
(5) business communities, including the insurance industry.
(b) Assessments
The Advisory Committee on Windstorm Impact Reduction shall offer assessments and recommendations on—
(1) trends and developments in the natural, engineering, and social sciences and practices of windstorm impact mitigation;
(2) the priorities of the Program’s Strategic Plan;
(3) the coordination of the Program;
(4) the effectiveness of the Program in meeting its purposes; and
(5) any revisions to the Program which may be necessary.
(c) Compensation
The members of the Advisory Committee established under this section shall serve without compensation.
(d) Reports
At least every 2 years, the Advisory Committee shall report to the Director on the assessments carried out under subsection (b) and its recommendations for ways to improve the Program.
(e) Charter
Notwithstanding section 14(b)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall not be required to file a charter subsequent to its initial charter, filed under section 9(c) of such Act, before the termination date specified in subsection (f) of this section.
(f) Termination
The Advisory Committee shall terminate on September 30, 2017.
(g) Conflict of interest
An Advisory Committee member shall recuse himself from any Advisory Committee activity in which he has an actual pecuniary interest.
(Pub. L. 108–360, title II, § 205, Oct. 25, 2004, 118 Stat. 1678; Pub. L. 114–52, § 4, Sept. 30, 2015, 129 Stat. 499.)
heading: Editorial Notes
heading: References in Text
text: Sections 9 and 14 of the Federal Advisory Committee Act, referred to in subsec. (e), are sections 9 and 14, respectively, of Pub. L. 92–463, which are set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2015—Pub. L. 114–52 amended section generally. Prior to amendment, section established a National Advisory Committee on Windstorm Impact Reduction.