42 U.S.C. § 14944

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

42 U.S.C. § 14944

Pub. L. 106-279, title IV, §404, Oct. 6, 2000, 114 Stat. 842.

EDITORIAL NOTES

REFERENCES IN TEXTSubchapter II, referred to in subsec. (a)(2)(A), 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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection 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.

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.
accrediting entity: The term "accrediting entity" means an entity designated under section 14922(a) of this title to accredit agencies and approve persons under subchapter II.
agency: The term "agency" means any person other than an individual.
central authority function: The term "central authority function" means any duty required to be carried out by a central authority under the Convention.