Title 42 — The Public Health and Welfare
Chapter 143 — Intercountry Adoptions
§ 14914. Annual report on intercountry adoptions
Statutory text
Reports required
Beginning 1 year after the date of the entry into force of the Convention for the United States and each year thereafter, the Secretary, in consultation with the Attorney General and other appropriate agencies, shall submit a report describing the activities of the central authority of the United States under this chapter during the preceding year to the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Judiciary of the Senate.
Report elements
Each report under subsection (a) shall set forth with respect to the year concerned, the following:
The number of intercountry adoptions involving immigration to the United States, regardless of whether the adoption occurred under the Convention, including the country from which each child emigrated, the State to which each child immigrated, and the country in which the adoption was finalized.
The number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention, including the country to which each child immigrated and the State from which each child emigrated.
The number of Convention placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuant to section 622(b)(12) of this title.
The average time required for completion of a Convention adoption, set forth by country from which the child emigrated.
The current list of agencies accredited and persons approved under this chapter to provide adoption services.
The names of the agencies and persons temporarily or permanently debarred under this chapter, and the reasons for the debarment.
The range of adoption fees charged in connection with Convention adoptions involving immigration to the United States and the median of such fees set forth by the country of origin.
The range of fees charged for accreditation of agencies and the approval of persons in the United States engaged in providing adoption services under the Convention.
A list of countries that established or maintained a significant law or regulation that prevented or prohibited adoptions involving immigration to the United States, regardless of whether such adoptions occurred under the Convention.
For each country listed under paragraph (9), the date on which the law or regulation was initially implemented.
Information on efforts taken with respect to a country listed under paragraph (9) to encourage the resumption of halted or stalled adoption proceedings involving immigration to the United States, regardless of whether the adoptions would have occurred under the Convention.
Information on any action the Secretary carried out that prevented, prohibited, or halted any adoptions involving immigration to the United States, regardless of whether the adoptions occurred under the Convention.
For each country listed pursuant to paragraph (12), a description of—
what policies, procedures, resources, and safeguards the country lacks, or other shortcomings or circumstances, that caused the action to be carried out;
what progress the country has made to alleviate those shortcomings; and
what steps the Department of State has taken in order to assist the country to reopen intercountry adoptions.
An assessment of the impact of the fee schedule of the Intercountry Adoption Accreditation and Maintenance Entity on families seeking to adopt internationally, especially low-income families, families seeking to adopt sibling groups, or families seeking to adopt children with disabilities.
Public availability of report
The Secretary shall make the information contained in the report required under subsection (a) available to the public on the website of the Department of State.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 106–279 title I § 104 · 114 Stat. 825
Enacted · 42 U.S.C. § 14914
Pub. L. 106–279, title I, § 104, Oct. 6, 2000, 114 Stat. 829
Source evidence
Code source credit
Pub. L. 106–279, title I, § 104, Oct. 6, 2000, 114 Stat. 829Enacted provision · exact public law section
SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS. (a) Reports Required.— Beginning 1 year after the date of Effective date. the entry into force of the Convention for the United States and each year thereafter, the Secretary, in consultation with the Attorney General and other appropriate agencies, shall submit a report describing the activities of the central authority of the United States under this Act during the preceding year to the Committee on International Relations, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Judiciary of the Senate. (b) Report Elements.— Each report under subsection (a) shall set forth with respect to the year concerned, the following: (1) The number of intercountry adoptions involving immigration to the United States, regardless of whether the adoption occurred under the Convention, including the country from which each child emigrated, the State to which each child immigrated, and the country in which the adoption was finalized. (2) The number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention, including the country to which each child immigrated and the State from which each child emigrated. (3) The number of Convention placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuant to section 422(b)(14) of the Social Security Act, as amended by section 205 of this Act. (4) The average time required for completion of a Convention adoption, set forth by country from which the child emigrated. (5) The current list of agencies accredited and persons approved under this Act to provide adoption services. (6) The names of the agencies and persons temporarily or permanently debarred under this Act, and the reasons for the debarment. (7) The range of adoption fees charged in connection with Convention adoptions involving immigration to the United States and the median of such fees set forth by the country of origin. (8) The range of fees charged for accreditation of agencies and the approval of persons in the United States engaged in providing adoption services under the Convention.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 6(f)(9) · 120 Stat. 1233
Substituted · 42 U.S.C. § 14914(b)(3)
Pub. L. 109–288 substituted “622(b)(12)” for “622(b)(14)”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 109–288 substituted “622(b)(12)” for “622(b)(14)”.Enacted provision · exact public law section
(9) Section 104(b)(3) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)(3)) is amended by striking “422(b)(14) of the Social Security Act, as amended by section 205 of this Act” and inserting “422(b)(12) of the Social Security Act”.Intercountry Adoption Information Act of 2019
Pub. L. 116–184 § 2(d) · 134 Stat. 897
Substituted · 42 U.S.C. § 14914(a)
Pub. L. 116–184, § 2(d), substituted “Foreign Affairs” for “International Relations”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–184, § 2(d), substituted “Foreign Affairs” for “International Relations”.Enacted provision · exact public law section
(d) Conforming Amendment.— Section 104(a) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(a)) is amended by striking “International Relations” and inserting “Foreign Affairs”.Effective date note
Pub. L. 116–184, § 2(e), Oct. 30, 2020, 134 Stat. 898, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) beginning on the date that is 180 days after the date of enactment of this Act [Oct. 30, 2020].”Intercountry Adoption Information Act of 2019
Pub. L. 116–184 § 2(a) · 134 Stat. 897
Added · 42 U.S.C. § 14914(b)(9)(14)
Pub. L. 116–184, § 2(a), added pars. (9) to (14)
Source evidence
Code amendment note
Subsec. (b)(9) to (14). Pub. L. 116–184, § 2(a), added pars. (9) to (14).Enacted provision · exact public law section
(a) Report Elements.— Section 104(b) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)) is amended by adding at the end the following new paragraphs: “(9) A list of countries that established or maintained a significant law or regulation that prevented or prohibited adoptions involving immigration to the United States, regardless of whether such adoptions occurred under the Convention. “(10) For each country listed under paragraph (9), the date on which the law or regulation was initially implemented. “(11) Information on efforts taken with respect to a country listed under paragraph (9) to encourage the resumption of halted or stalled adoption proceedings involving immigration to the United States, regardless of whether the adoptions would have occurred under the Convention. “(12) Information on any action the Secretary carried out that prevented, prohibited, or halted any adoptions involving immigration to the United States, regardless of whether the adoptions occurred under the Convention. “(13) For each country listed pursuant to paragraph (12), a description of— “(A) what policies, procedures, resources, and safeguards the country lacks, or other shortcomings or circumstances, that caused the action to be carried out; “(B) what progress the country has made to alleviate those shortcomings; and “(C) what steps the Department of State has taken in order to assist the country to reopen intercountry adoptions. “(14) An assessment of the impact of the fee schedule of the Intercountry Adoption Accreditation and Maintenance Entity on families seeking to adopt internationally, especially low-income families, families seeking to adopt sibling groups, or families seeking to adopt children with disabilities.” .Effective date note
Pub. L. 116–184, § 2(e), Oct. 30, 2020, 134 Stat. 898, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) beginning on the date that is 180 days after the date of enactment of this Act [Oct. 30, 2020].”Intercountry Adoption Information Act of 2019
Pub. L. 116–184 § 2(b) · 134 Stat. 897
Added · 42 U.S.C. § 14914(c)
Pub. L. 116–184, § 2(b), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–184, § 2(b), added subsec. (c).Enacted provision · exact public law section
(b) Public Availability of Report.— Section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) is amended by adding at the end the following new subsection: “(c) Public Availability of Report.— The Secretary shall make the information contained in the report required under subsection (a) available to the public on the website of the Department of State.” .Effective date note
Pub. L. 116–184, § 2(e), Oct. 30, 2020, 134 Stat. 898, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) beginning on the date that is 180 days after the date of enactment of this Act [Oct. 30, 2020].”
5 of 5 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(5), (6), 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.
Amendments2006–2020 · 2 rounds
2020
Subsec. (a). Pub. L. 116–184, § 2(d), substituted “Foreign Affairs” for “International Relations”.
Subsec. (b)(9) to (14). Pub. L. 116–184, § 2(a), added pars. (9) to (14).
Subsec. (c). Pub. L. 116–184, § 2(b), added subsec. (c).
2006
Subsec. (b)(3). Pub. L. 109–288 substituted “622(b)(12)” for “622(b)(14)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–184, § 2(e), , 134 Stat. 898, provided that: “The amendments made by this section [amending this section] shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) beginning on the date that is 180 days after the date of enactment of this Act [].”
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–288 effective , and applicable to payments under parts B and E of subchapter IV of chapter 7 of this title for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.
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.
Privacy Concerns
Pub. L. 116–184, § 2(c), , 134 Stat. 898, provided that: “In complying with the amendments made by subsections (a) and (b) [amending this section], the Secretary shall avoid, to the maximum extent practicable, disclosing any personally identifiable information relating to United States citizens or the adoptees of such citizens.”
Credits
2000–2020 · 3 acts
- 2000Pub. L. 106–279, title I, § 104, , 114 Stat. 829
- 2006Pub. L. 109–288, § 6(f)(9), , 120 Stat. 1248
- 2020Pub. L. 116–184, § 2(a), (b), (d), , 134 Stat. 897, 898.
Show as published
(Pub. L. 106–279, title I, § 104, , 114 Stat. 829; Pub. L. 109–288, § 6(f)(9), , 120 Stat. 1248; Pub. L. 116–184, § 2(a), (b), (d), , 134 Stat. 897, 898.)