Section 14912 - Responsibilities of the Secretary of State(a) Liaison responsibilitiesThe Secretary shall have responsibility for-
(1) liaison with the central authorities of other Convention countries; and(2) the coordination of activities under the Convention by persons subject to the jurisdiction of the United States.(b) Information exchangeThe Secretary shall be responsible for-
(1) providing the central authorities of other Convention countries with information concerning-(A) accredited agencies and approved persons, agencies and persons whose accreditation or approval has been suspended or canceled, and agencies and persons who have been temporarily or permanently debarred from accreditation or approval;(C) any other matters necessary and appropriate for implementation of the Convention;(2) not later than the date of the entry into force of the Convention for the United States (pursuant to Article 46(2)(a) of the Convention) and at least once during each subsequent calendar year, providing to the central authority of all other Convention countries a notice requesting the central authority of each such country to specify any requirements of such country regarding adoption, including restrictions on the eligibility of persons to adopt, with respect to which information on the prospective adoptive parent or parents in the United States would be relevant;(3) making responses to notices under paragraph (2) available to-(A) accredited agencies and approved persons; and(B) other persons or entities performing home studies under section 14921(b)(1) of this title;(4) ensuring the provision of a background report (home study) on prospective adoptive parent or parents (pursuant to the requirements of section 14923(b)(1)(A)(ii) of this title), through the central authority of each child's country of origin, to the court having jurisdiction over the adoption (or, in the case of a child emigrating to the United States for the purpose of adoption, to the competent authority in the child's country of origin with responsibility for approving the child's emigration) in adequate time to be considered prior to the granting of such adoption or approval;(5) providing Federal agencies, State courts, and accredited agencies and approved persons with an identification of Convention countries and persons authorized to perform functions under the Convention in each such country; and(6) facilitating the transmittal of other appropriate information to, and among, central authorities, Federal and State agencies (including State courts), and accredited agencies and approved persons.(c) Accreditation and approval responsibilitiesThe Secretary shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in subchapter II. Such functions may not be delegated to any other Federal agency.
(d) Additional responsibilitiesThe Secretary-
(e) Establishment of registryThe Secretary and the Attorney General shall jointly establish a case registry of all adoptions involving immigration of children into the United States and emigration of children from the United States, regardless of whether the adoption occurs under the Convention. Such registry shall permit tracking of pending cases and retrieval of information on both pending and closed cases.
(f) Methods of performing responsibilitiesThe Secretary may-
(1) authorize public or private entities to perform appropriate central authority functions for which the Secretary is responsible, pursuant to regulations or under agreements published in the Federal Register; and(2) carry out central authority functions through grants to, or contracts with, any individual or public or private entity, except as may be otherwise specifically provided in this chapter. Pub. L. 106-279, title I, §102, Oct. 6, 2000, 114 Stat. 828.EDITORIAL NOTES
REFERENCES IN TEXTSubchapter II, referred to in subsec. (c), was in the original "title II", meaning title II of Pub. L. 106-279, 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.This chapter, referred to in subsec. (f)(2), was in the original "this Act", meaning Pub. L. 106-279, 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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection 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.
- Convention adoption
- The term "Convention adoption" means an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country.
- Convention
- The term "Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- State
- The term "State" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.
- accredited agency
- The term "accredited agency" means an agency accredited under subchapter II to provide adoption services in the United States in cases subject to the Convention.
- agency
- The term "agency" means any person other than an individual.
- approved person
- The term "approved person" means a person approved under subchapter II to provide adoption services in the United States in cases subject to the Convention.
- central authority
- The term "central authority" means the entity designated as such by any Convention country under Article 6(1) of the Convention.