| Home > 106th Congressional Bills > H.R. 2909 (ih) To provide for implementation by the United States of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and for other purposes. [Introduced in House] ...
H.R. 2909 (ih) To provide for implementation by the United States of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and for other purposes. [Introduced in House] ...
(2) Applicability of notice and comment rules.--Subsections (b), (c), and (d) of section 553 of title 5, United States Code, shall apply in the development and issuance of regulations under this section. (b) Access to Convention Records.-- (1) Prohibition.--Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act and disclosure of, or access to, such record is permitted or required by applicable Federal law. (2) Exception for administration of the convention.--A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this Act. (3) Penalties for unlawful disclosure.--Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law. (c) Access to Non-Convention Records.--Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law. SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES. Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable. SEC. 403. 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 Act. (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 Act 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. (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 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 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 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. 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 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, 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. 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.
Other Popular 106th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents