42 U.S.C. § 14944 — Enforcement
submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 290 words · no verdicts yet
Violating the accreditation rule, making certain material misrepresentations or improper compensation offers, or using an agent who does so can lead to civil penalties. Knowing and willful violations can also lead to fines or imprisonment.
(a) Civil penalties
A person is subject to civil money penalties, in addition to other legal penalties, if the person: (1) violates section 14921; (2) makes a false or fraudulent statement or material misrepresentation, or offers, gives, solicits, or accepts compensation intended to influence in the United States or another country an accrediting decision, a parent’s relinquishment or consent, or a central-authority decision or action; or (3) uses an agent in the United States or abroad who does either act. The penalty is up to $50,000 for a first violation and up to $100,000 for each later violation.
(b) Civil enforcement
(1) The Attorney General* may sue in any United States district court to enforce subsection (a). (2) The court must consider the violation’s seriousness, the defendant’s culpability, and prior violations when setting a penalty.
(c) Criminal penalties
A person who knowingly and willfully violates subsection (a)(1) or (2) may be fined up to $250,000, imprisoned up to five years, or both.
Any person who—
violates section 14921 of this title;
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 decision by an accrediting entity* with respect to the accreditation of an agency* or approval of a person under subchapter II;
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
a decision or action of any entity performing a central authority function*; or
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),
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.
The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court.
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.
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.)
- 2000Enacted · Pub. L. 106-279 · 114 Stat. 842
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-279 on 2000-10-06.
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