42 U.S.C. § 14944 — Enforcement

FEDERAL · 42 U.S.C. · Chapter 143

Enforcement

Current through Pub. L. 119-102

Title 42 — The Public Health and Welfare·Ch. 143 — INTERCOUNTRY ADOPTIONS·Subch. IV

(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 cou

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(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 (Enforcement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

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

Editorial Notes

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