2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 143 - Intercountry Adoptions (Sections 14901 - 14954)
Subchapter IV - Administration and Enforcement (Sections 14941 - 14944)
Sec. 14941 - Access to Convention records
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 143 - INTERCOUNTRY ADOPTIONS SUBCHAPTER IV - ADMINISTRATION AND ENFORCEMENT Sec. 14941 - Access to Convention records |
Contains | section 14941 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 106-279, title IV, §401, Oct. 6, 2000, 114 Stat. 841. |
Statutes at Large References | 66 Stat. 163 114 Stat. 841, 825 |
Public and Private Laws | Public Law 106-279 |
Download PDF
Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.
(2) Applicability of notice and comment rulesSubsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.
(b) Access to Convention records(1) ProhibitionExcept 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 [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.
(2) Exception for administration of the ConventionA 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 chapter.
(3) Penalties for unlawful disclosureUnlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.
(c) Access to non-Convention recordsDisclosure 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.
(Pub. L. 106–279, title IV, §401, Oct. 6, 2000, 114 Stat. 841.)
REFERENCES IN TEXTThe Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, 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.
EFFECTIVE DATESubsec. (a) of this section effective Oct. 6, 2000, and subsecs. (b) and (c) of this 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 of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.