22 U.S.C. § 9008: Collection, maintenance, and…

Summary

The U.S. Central Authority may get and send information it needs to find a child or to carry out the Convention. It can exchange that information with federal, state, or foreign agencies and with applicants, petitioners, or respondents. It must follow rules the Central Authority sets. It can receive information from federal or state agencies only if allowed by the relevant federal or state laws. Information it gets under this part may be shared even if other laws would otherwise stop sharing, except as limited below. Requests must follow the forms and show the documents the Central Authority requires. When a U.S. or state agency gets a request, its head must quickly search their records and send any found information right away unless sending it would harm U.S. national security, harm U.S. or state law enforcement interests, or is barred by section 9 of title 13. The agency must tell the Central Authority the search results and whether an exception applies. If an agency later says an exception applies to information already given, the Central Authority cannot disclose that information. The Central Authority must try to get available information from the Parent Locator Service first. The Central Authority must keep records of its activities and how cases are handled.

Title 22, §9008

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

In performing its functions under the Convention, the United States Central Authority may, under such conditions as the Central Authority prescribes by regulation, but subject to subsection (c), receive from or transmit to any department, agency, or instrumentality of the Federal Government or of any State or foreign government, and receive from or transmit to any applicant, petitioner, or respondent, information necessary to locate a child or for the purpose of otherwise implementing the Convention with respect to a child, except that the United States Central Authority—

(1)may receive such information from a Federal or State department, agency, or instrumentality only pursuant to applicable Federal and State statutes; and

(2)may transmit any information received under this subsection notwithstanding any provision of law other than this chapter.

(b)Requests for information

Requests for information under this section shall be submitted in such manner and form as the United States Central Authority may prescribe by regulation and shall be accompanied or supported by such documents as the United States Central Authority may require.

(c)Responsibility of government entities

Whenever any department, agency, or instrumentality of the United States or of any State receives a request from the United States Central Authority for information authorized to be provided to such Central Authority under subsection (a), the head of such department, agency, or instrumentality shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality in order to determine whether the information requested is contained in any such files or records. If such search discloses the information requested, the head of such department, agency, or instrumentality shall immediately transmit such information to the United States Central Authority, except that any such information the disclosure of which—

(1)would adversely affect the national security interests of the United States or the law enforcement interests of the United States or of any State; or

(2)would be prohibited by section 9 of title 13;

shall not be transmitted to the Central Authority. The head of such department, agency, or instrumentality shall, immediately upon completion of the requested search, notify the Central Authority of the results of the search, and whether an exception set forth in paragraph (1) or (2) applies. In the event that the United States Central Authority receives information and the appropriate Federal or State department, agency, or instrumentality thereafter notifies the Central Authority that an exception set forth in paragraph (1) or (2) applies to that information, the Central Authority may not disclose that information under subsection (a).

(d)Information available from Parent Locator Service

To the extent that information which the United States Central Authority is authorized to obtain under the provisions of subsection (c) can be obtained through the Parent Locator Service, the United States Central Authority shall first seek to obtain such information from the Parent Locator Service, before requesting such information directly under the provisions of subsection (c) of this section.

(e)Recordkeeping

The United States Central Authority shall maintain appropriate records concerning its activities and the disposition of cases brought to its attention.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(2), 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 under section 9001 of this title and Tables. Codification Section was formerly classified to section 11608 of Title 42, The Public Health and Welfare.

§9008 Collection, Maintenance, and Dissemination of Information