Title 42 — The Public Health and Welfare
Chapter 143 — Intercountry Adoptions
§ 14941. Access to Convention records
Statutory text
Preservation of Convention records
In general
Not later than 180 days after , 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.
Applicability of notice and comment rules
Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.
Access to Convention records
Prohibition
Except 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.
Exception for administration of the Convention
A 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.
Penalties for unlawful disclosure
Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.
Access to non-Convention records
Disclosure 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.
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 IV § 401 · 114 Stat. 825
Enacted · 42 U.S.C. § 14941
(Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)
Source evidence
Code source credit
(Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)Enacted provision · exact public law section
SEC. 401. ACCESS TO CONVENTION RECORDS. (a) Preservation of Convention Records.— (1) In general.— Not later than 180 days after the date Deadline. Regulations. of the enactment of this Act, 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 Rules.— Subsections (b), (c), and (d) of section 553 of title 5, United States Code, shall apply in the development and issuance of regulations under this section. (b) Access to Convention Records.— (1) Prohibition.— Except 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 and disclosure of, or access to, such record is permitted or required by applicable Federal law. (2) Exception for administration of the convention.— A 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 Act. (3) Penalties for unlawful disclosure.— Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law. (c) Access to Non-Convention Records.— Disclosure 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, 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, , 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.
Statutory Notes and Related Subsidiaries
Effective Date
Subsec. (a) of this section effective , 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.