PRIA, Government Policy, Made Personal

Summary

The President must pick a federal agency to be the United States Central Authority under the Convention. That agency will do the duties the Convention and this law give it. It can make rules to do that work. It may get information from the Parent Locator Service as allowed by the Social Security Act (42 U.S.C. 301 et seq.). It can also give grants or make contracts or agreements with people, companies, other government agencies, or private groups to help carry out its job. Private groups that get grants or contracts to help the Central Authority, and their directors, officers, employees, or agents, are generally protected from civil lawsuits for harms directly tied to the work defined by the rules in effect on October 1, 2004. That protection does not apply if the person or group did intentional or malicious wrongdoing, acted with reckless disregard for harm, did something for a reason unrelated to the job, or if the harm came from ordinary business activities like general administration, use of vehicles, or personnel management.

Title 22, §9006

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Designation

The President shall designate a Federal agency to serve as the Central Authority for the United States under the Convention.

(b)Functions

The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this chapter.

(c)Regulatory authority

The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this chapter.

(d)Obtaining information from Parent Locator Service

The United States Central Authority may, to the extent authorized by the Social Security Act [42 U.S.C. 301 et seq.], obtain information from the Parent Locator Service.

(e)Grant authority

The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this chapter.

(f)Limited liability of private entities acting under the direction of the United States Central Authority

(1)Limitation on liability

Except as provided in paragraphs (2) and (3), a private entity or organization that receives a grant from or enters into a contract or agreement with the United States Central Authority under subsection (e) of this section for purposes of assisting the United States Central Authority in carrying out its responsibilities and functions under the Convention and this chapter, including any director, officer, employee, or agent of such entity or organization, shall not be liable in any civil action sounding in tort for damages directly related to the performance of such responsibilities and functions as defined by the regulations issued under subsection (c) of this section that are in effect on October 1, 2004.

(2)Exception for intentional, reckless, or other misconduct

The limitation on liability under paragraph (1) shall not apply in any action in which the plaintiff proves that the private entity, organization, officer, employee, or agent described in paragraph (1), as the case may be, engaged in intentional misconduct or acted, or failed to act, with actual malice, with reckless disregard to a substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibilities or functions under this chapter.

(3)Exception for ordinary business activities

The limitation on liability under paragraph (1) shall not apply to any alleged act or omission related to an ordinary business activity, such as an activity involving general administration or operations, the use of motor vehicles, or personnel management.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b), (c), (e), and (f), was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9001 of this title and Tables. The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Codification Section was formerly classified to section 11606 of Title 42, The Public Health and Welfare.

Amendments

2004—Subsec. (f). Pub. L. 108–370 added subsec. (f). 1998—Subsec. (e). Pub. L. 105–277 added subsec. (e).

Executive Documents

Ex. Ord. No. 12648. Implementation of Convention on Civil Aspects of International Child Abduction Ex. Ord. No. 12648, Aug. 11, 1988, 53 F.R. 30637, provided: The United States of America deposited its instrument of ratification of the Hague Convention on the Civil Aspects of International Child Abduction (“Convention”) on

April 29, 1988. The Convention entered into force for the United States on

July 1, 1988. Article 6 of the Convention imposes upon Contracting States an obligation to designate a “Central Authority” for the purpose of discharging certain specified functions. In order that the Government of the United States of America may give full and complete effect to the Convention, and pursuant to section 7 of the International Child Abduction Remedies Act, Public Law No. 100–300 (1988) [22 U.S.C. 9006], it is expedient and necessary that I designate a Central Authority within the Executive branch of said Government: NOW, THEREFORE, by virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of Title 3 of the United States Code and section 7 of the International Child Abduction Remedies Act, it is ordered as follows: section 1. Designation of Central Authority. The Department of State is hereby designated as the Central Authority of the United States for purposes of the Hague Convention on the Civil Aspects of International Child Abduction. The Secretary of State is hereby authorized and empowered, in accordance with such

Regulations

as he may prescribe, to perform all lawful acts that may be necessary and proper in order to execute the functions of the Central Authority in a timely and efficient manner. Ronald Reagan.

§9006 United States Central Authority