§9008 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The United States Central Authority must collect and share information needed to find a child or carry out the Convention. It can get or send information to federal, state, or foreign agencies and to applicants, petitioners, or respondents under rules it creates. It may receive information from federal or state agencies only if allowed by the applicable federal or state laws. It may pass along information it receives even if other laws would normally stop that, except where this chapter forbids it. Requests must use the form and include the documents the Central Authority requires. The Central Authority must keep records of its work and how cases are handled. When a federal or state agency gets a request, its head must quickly search its files and send any found information to the Central Authority right away, unless sharing it would harm U.S. national security, harm law enforcement interests, or be prohibited by section 9 of title 13. If the needed information can be obtained from the Parent Locator Service, the Central Authority must try that first before asking agencies directly.

Title 22, §9008

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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 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)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;

(d)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)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