Page:United States Statutes at Large Volume 114 Part 1.djvu/879

 PUBLIC LAW 106-279—OCT. 6, 2000 114 STAT. 843 (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. TITLE V—GENERAL PROVISIONS SEC. 501. RECOGNITION OF CONVENTION ADOPTIONS. 42 USC 14951. Subject to Article 24 of the Convention, adoptions concluded between two other Convention countries that meet the requirements of Article 23 of the Convention and that became final before the date of entry into force of the Convention for the United States shall be recognized thereafter in the United States and given full effect. Such recognition shall include the specific effects described in Article 26 of the Convention. SEC. 502. SPECIAL RULES FOR CERTAIN CASES. 42 USC 14952. (a) AUTHORITY TO ESTABLISH ALTERNATIVE PROCEDURES FOR ADOPTION OF CHILDREN BY RELATIVES. —To the extent consistent with the Convention, the Secretary may establish by regulation alternative procedures for the adoption of children by individuals related to them by blood, marriage, or adoption, in cases subject to the Convention. (b) WAIVER AUTHORITY.— (1) IN GENERAL. —Notwithstanding any other provision of this Act, to the extent consistent with the Convention, the Secretary may, on a case-by-case basis, waive applicable requirements of this Act or regulations issued under this Act, in the interests of justice or to prevent grave physical harm to the child. (2) NONDELEGATION. — The authority provided by paragraph (1) may not be delegated. SEC. 503. RELATIONSHIP TO OTHER LAWS. 42 USC 14953. (a) PREEMPTION OF INCONSISTENT STATE LAW.— The Convention and this Act shall not be construed to preempt any provision of the law of any State or political subdivision thereof, or prevent a State or political subdivision thereof from enacting any provision of law with respect to the subject matter of the Convention or this Act, except to the extent that such provision of State law is inconsistent with the Convention or this Act, and then only to the extent of the inconsistency. (b) APPLICABILITY OF THE INDIAN CHILD WELFARE ACT. — The Convention and this Act shall not be construed to affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.). (c) RELATIONSHIP TO OTHER LAWS.— Sections 3506(c), 3507, and 3512 of title 44, United States Code, shall not apply to information collection for purposes of sections 104, 202(b)(4), and 303(d) of this Act or for use as a Convention record as defined in this Act. SEC. 504. NO PRIVATE RIGHT OF ACTION. 42 USC 14954. The Convention and this Act shall not be construed to create a private right of action to seek administrative or judicial relief, except to the extent expressly provided in this Act.

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