42 U.S.C. § 14912 — Responsibilities of the Secretary of State

(a) Liaison Responsibilities. The Secretary is responsible for (1) liaison with the central authorities of other Convention countries, and (2) coordinating the activities under the Convention of people subject to United States jurisdiction. (b) Information Exchange. The Secretary is responsible for: (1) giving other Convention countries' central authorities information about accredited agencies and approved persons, agencies and persons whose accreditation or approval has been suspended or canceled, and agencies and persons temporarily or permanently debarred from accreditation or approval; relevant federal and State laws; and anything else necessary and appropriate for implementing the Convention; (2) by the date the Convention enters into force for the United States, and at least once every year after that, sending every other Convention country's central authority a notice asking it to specify its adoption requirements -- including restrictions on who may adopt -- so the relevant information about prospective adoptive parents in the United States is known; (3) making the responses to those notices available to accredited agencies, approved persons, and other people or entities performing home studies under section 14921(b)(1) of this title; (4) ensuring that a background report (home study) on prospective adoptive parents, required under section 14923(b)(1)(A)(ii) of this title, reaches the court with jurisdiction over the adoption -- or, for a child emigrating to the United States, the competent authority in the child's country of origin -- in time to be considered before the adoption or emigration is approved; (5) giving federal agencies, State courts, and accredited agencies and approved persons a list identifying Convention countries and who is authorized to perform Convention functions in each one; and (6) helping transmit other appropriate information among central authorities, federal and State agencies (including State courts), and accredited agencies and approved persons. (c) Accreditation and Approval Responsibilities. The Secretary carries out the Convention's functions for accrediting agencies and approving persons to provide adoption services in the United States in Convention cases, as provided in subchapter II. This job cannot be delegated to any other federal agency. (d) Additional Responsibilities. The Secretary (1) must monitor individual Convention adoption cases involving United States citizens, and (2) may help those citizens interact with officials of other Convention countries on Convention matters, when an accredited agency or approved person is unwilling or unable to help. (e) Establishment of Registry. The Secretary and the Attorney General must jointly set up a registry of all adoptions involving a child immigrating into or emigrating from the United States, whether or not the adoption is a Convention adoption. This registry must allow tracking of pending cases and retrieval of information on both pending and closed cases. (f) Methods of Performing Responsibilities. The Secretary may (1) authorize public or private entities to perform central authority functions the Secretary is responsible for, under regulations or published agreements, and (2) carry out central authority functions through grants to, or contracts with, individuals or public or private entities, except where this chapter specifically says otherwise.