---
kind: "section"
citation: "42 U.S.C. § 14944"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14944"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14944"
units:
  - "Chapter 143 — Intercountry Adoptions"
  - "Subchapter IV — Administration and Enforcement"
---

# §14944. Enforcement

- (a) **Civil penalties—** Any [person](/usc/42/14902.md?p=14) who—
  - (1) violates [section 14921 of this title](/usc/42/14921.md);
  - (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](/usc/42/14902.md?p=2) with respect to the accreditation of an [agency](/usc/42/14902.md?p=4) or approval of a [person](/usc/42/14902.md?p=14) 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](/usc/42/14902.md?p=9); or
    - (C) a decision or action of any entity performing a [central authority function](/usc/42/14902.md?p=8); or
  - (3) engages another [person](/usc/42/14902.md?p=14) as an agent, whether in the United States or in a foreign country, who in the course of that [agency](/usc/42/14902.md?p=4) takes any of the actions described in paragraph [(1)](#a-1) or [(2)](#a-2),

  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](/usc/42/2000e–16a.md?p=c), and not more than $100,000 for each succeeding [violation](/usc/42/2000e–16a.md?p=c).

- (b) **Civil enforcement—**
  - (1) **Authority of Attorney General—** The [Attorney General](/usc/42/14902.md?p=6) may bring a civil action to enforce [subsection (a)](#a) against any [person](/usc/42/14902.md?p=14) 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](/usc/42/2000e–16a.md?p=c), the degree of culpability of the defendant, and any history of prior [violations](/usc/42/2000e–16a.md?p=c) by the defendant.
- (c) **Criminal penalties—** Whoever knowingly and willfully violates paragraph [(1)](#a-1) or [(2)](#a-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.)

## Notes

### Editorial Notes

### References in Text

Subchapter II, referred to in subsec. (a)(2)(A), was in the original “title II”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which enacted subchapter II of this chapter and amended section 622 of this title. 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 Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
