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Title 42, The Public Health and WelfareRelease 119-110

§14944 Enforcement

Title 42 › CHAPTER 143 — INTERCOUNTRY ADOPTIONS › SUBCHAPTER IV — ADMINISTRATION AND ENFORCEMENT › § 14944

Last updated Sep 22, 2026|Official source

Summary

Anyone who breaks the rule in section 14921, lies or makes false statements, or offers or takes money or other payments to try to influence an accrediting decision, the giving up of parental rights or parental consent in adoptions covered by the Convention, or actions by a central authority, or who hires someone to do those things, can be fined. The civil fines can be up to $50,000 for a first violation and up to $100,000 for each later violation. The Attorney General can sue in federal court to collect these fines. When a court decides the penalty, it must consider how serious the violation was, how blameworthy the person was, and any past violations. If a person knowingly and willfully commits the lying, bribery, or the section 14921 violation, they can also face criminal punishment: a fine up to $250,000, up to 5 years in prison, or both.

Full Legal Text

Title 42, §14944

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

(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14944

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110