42 U.S.C. § 14941 — Access to Convention records
submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 268 words · no verdicts yet
The Secretary must create procedures for preserving Convention records. Access and disclosure are limited by Federal law, with a narrow exception for administering the Convention; non-Convention records are governed by State law.
(a) Preservation
Within 180 days after October 6, 2000, the Secretary*, consulting the Attorney General*, must issue Convention*-compliant regulations establishing record-preservation procedures and requirements. The notice-and-comment rules in 5 U.S.C. § 553(b), (c), and (d) apply.
(b) Access
(1) Unless paragraph (2) applies, the Secretary or Attorney General may disclose a Convention record* or provide access only if the record is kept under the Immigration and Nationality Act and applicable Federal law permits or requires disclosure or access. (2) The Secretary, Attorney General, central authorities, accredited agencies, and approved persons may disclose or access a Convention record, in whole or part, only as necessary to administer the Convention or this chapter. (3) Unlawful disclosure is punishable under applicable Federal law.
(c) Non-Convention records
State* law governs disclosure, access, and penalties for unlawful disclosure of adoption records that are not Convention records, including United States adoption-proceeding records.
Not later than 180 days after October 6, 2000, the Secretary*, in consultation with the Attorney General*, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.
Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.
Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record*, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.
A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter.
Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.
Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State* law.
Source credit: (Pub. L. 106–279, title IV, § 401, Oct. 6, 2000, 114 Stat. 841.)
- 2000Enacted · Pub. L. 106-279 · 114 Stat. 841
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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