§14944 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The law bans anyone from lying, hiding facts, or offering or taking payments to influence certain decisions about accreditation, approval, giving up parental rights or consent in adoptions covered by the Convention, or actions by a central authority, whether in the United States or in another country. It also bans hiring someone else to do those things or breaking section 14921. The Attorney General can sue to stop or punish these acts in any U.S. district court. When a court decides penalties, it must consider how serious the offense was, how blameworthy the person was, and any past violations. If someone intentionally commits these acts, they can be fined up to $250,000, jailed for up to 5 years, or both.

Title 42, §14944

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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),

(b)(1)The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.

(2)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)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.

Notes & Related Subsidiaries

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 subchapter 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, 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 Date

s; Transition Rule note under section 14901 of this title.

§14944 Enforcement

Summary

Title 42, §14944

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata