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42 USC § 14944 - Enforcement

---
identifier: "/us/usc/t42/s14944"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 14944 - Enforcement"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "14944"
section_name: "Enforcement"
chapter_number: 143
chapter_name: "INTERCOUNTRY ADOPTIONS"
subchapter_number: "IV"
subchapter_name: "ADMINISTRATION AND ENFORCEMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)"
---

# § 14944. Enforcement

**(a)** **Civil penalties** Any person who—

shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation.

**(1)** violates section 14921 of this title;

**(2)** makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country—

**(A)** a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II;

**(B)** the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or

**(C)** a decision or action of any entity performing a central authority function; or

**(3)** engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2),

**(b)** **Civil enforcement**

**(1)** **Authority of Attorney General** The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.

**(2)** **Factors to be considered in imposing penalties** In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant.

**(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.

---

**Source Credit**: (Pub. L. 106–279, title IV, § 404, Oct. 6, 2000, 114 Stat. 842.)

## Editorial Notes

### References in Text

Subchapter II, referred to in subsec. (a)(2)(A), was in the original “title II”, meaning title II of , , , which enacted subchapter II of this chapter and amended . For complete classification of title II to the Code, see Tables.

## Statutory Notes and Related Subsidiaries

### 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 , set out as an Effective Dates; Transition Rule note under .