**(a) Preemption of inconsistent State law** The Convention and this chapter 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 chapter, except to the extent that such provision of State law is inconsistent with the Convention or this chapter, and then only to the extent of the inconsistency.
**(b) Applicability of the Indian Child Welfare Act** The Convention and this chapter shall not be construed to affect the application of the Indian Child Welfare Act of 1978 ([25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.).
**(c) Relationship to other laws** Sections 3506(c), 3507, and 3512 of title 44 shall not apply to information collection for purposes of sections 14914, 14922(b)(4), and 14932(d) of this title or for use as a Convention record as defined in this chapter.
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Stable record: federal_law:legal_authorities:record_usc_34c69517e0b2bc37f97a7dbc Source file: Laws/federal/codes/united-states-code/title-42/section-14901-relationship-to-other-laws--23eea575fd.md Pages: Not recorded – Not recorded Passage SHA-256: f264c1754a27bd9c143ccb87fd62a35feb220fd170f903d277437fcb51e5dd86 Retained source evidence SHA-256: 5c7c941ae787c9ec46b7581e344c70291bcff8c2cda90648fc30c2730deb2949
Source location: Title 42, Chapter 143, § 14901; chapter-143-intercountry-adoptions.md
Stored source content
**(a) Preemption of inconsistent State law** The Convention and this chapter 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 chapter, except to the extent that such provision of State law is inconsistent with the Convention or this chapter, and then only to the extent of the inconsistency.
**(b) Applicability of the Indian Child Welfare Act** The Convention and this chapter shall not be construed to affect the application of the Indian Child Welfare Act of 1978 ([25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.).
**(c) Relationship to other laws** Sections 3506(c), 3507, and 3512 of title 44 shall not apply to information collection for purposes of sections 14914, 14922(b)(4), and 14932(d) of this title or for use as a Convention record as defined in this chapter.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
**(b) Report to Congress; contents, etc.** The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1901. Congressional findings
Recognizing the special relationship between
the United States and the Indian tribes and
their members and the Federal responsibility to
Indian people, the Congress finds—
(1) that clause 3, section 8, article I of the
United States Constitution provides that ‘‘The
Congress shall have Power * * * To regulate
Commerce * * * with Indian tribes 1’’ and,
through this and other constitutional author-
ity, Congress has plenary power over Indian
affairs;
(2) that Congress, through statutes, treaties,
and the general course of dealing with Indian
tribes, has assumed the responsibility for the
protection and preservation of Indian tribes
and their resources;
(3) that there is no resource that is more
vital to the continued existence and integrity
of Indian tribes than their children and that
the United States has a direct interest, as
trustee, in protecting Indian children who are
members of or are eligible for membership in
an Indian tribe;
(4) that an alarmingly high percentage of In-
dian families are broken up by the removal,
often unwarranted, of their children from
them by nontribal public and private agencies
and that an alarmingly high percentage of
such children are placed in non-Indian foster
and adoptive homes and institutions; and
(5) that the States, exercising their recog-
nized jurisdiction over Indian child custody
proceedings through administrative and judi-
cial bodies, have often failed to recognize the
essential tribal relations of Indian people and
the cultural and social standards prevailing in
Indian communities and families.
(Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 95–608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided:
‘
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 14901. Findings and purposes
(a) Findings
Congress recognizes—
(1) the international character of the Con-
vention on Protection of Children and Co-oper-
ation in Respect of Intercountry Adoption
(done at The Hague on May 29, 1993); and
(2) the need for uniform interpretation and
implementation of the Convention in the
United States and abroad,
and therefore finds that enactment of a Federal
law governing adoptions and prospective adop-
tions subject to the Convention involving
United States residents is essential.
(b) Purposes
The purposes of this chapter are—
(1) to provide for implementation by the
United States of the Convention;
(2) to protect the rights of, and prevent
abuses against, children, birth families, and
adoptive parents involved in adoptions (or pro-
spective adoptions) subject to the Convention,
and to ensure that such adoptions are in the
children’s best interests; and
(3) to improve the ability of the Federal
Government to assist United States citizens
seeking to adopt children from abroad and
residents of other countries party to the Con-
vention seeking to adopt children from the
United States.
(Pub. L. 106–279, § 2, Oct. 6, 2000, 114 Stat. 825.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 106–279, Oct. 6,
2000, 114 Stat. 825, which is classified principally to this
chapter. For complete classification of this Act to the
Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATES; TRANSITION RULE
Pub. L. 106–279, title V, § 505, Oct. 6, 2000, 114 Stat. 844,
provided that:
‘‘(a) EFFECTIVE DATES.—
‘‘(1) PROVISIONS EFFECTIVE UPON ENACTMENT.—Sec-
tions 2, 3, 101 through 103, 202 through