Page:United States Statutes at Large Volume 114 Part 1.djvu/877

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 106-279—OCT. 6, 2000 114 STAT. 841 including governmental authorities, providing adoption services in an intercountry adoption not subject to the Convention that involves the emigration of a child from the United States shall file information required by regulations jointly issued by the Attorney General and the Secretary of State for purposes of implementing section 102(e). TITLE IV—ADMINISTRATION AND ENFORCEMENT SEC. 401. ACCESS TO CONVENTION RECORDS. 42 USC 14941. (a) PRESERVATION OF CONVENTION RECORDS.— (1) IN GENERAL.—Not later than 180 days after the date DeadHne. of the enactment of this Act, the Secretary, in consultation Regulations, 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. SEC. 402. DOCUMENTS OF OTHER CONVENTION COUNTRIES. 42 USC 14942. Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable. SEC. 403. AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF 42 USC 14943. FEES. (a) AUTHORIZATION OF APPROPRIATIONS.—