22 U.S.C. § 9008 — Collection, maintenance, and dissemination of information

submitted 38 years ago by Pub. L. 100-300 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 520 words · no verdicts yet

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The U.S. Central Authority can share information with agencies and families to locate children under the Hague Convention. Government agencies must search their files when asked and report results quickly. Some sensitive information, like national security data, cannot be shared.

(a) In general. To do its Convention job, the U.S. Central Authority may — under regulations it writes, and subject to subsection (c) — receive or send information to any federal, state, or foreign government agency, and to any applicant, petitioner, or respondent, to help locate a child or carry out the Convention. But the Central Authority: (1) may only get information from a federal or state agency under existing federal and state law; and (2) may pass along information it receives, even if some other law would otherwise block that. (b) Requests for information. Requests for information must follow the form and manner the Central Authority sets by regulation, along with any documents it requires. (c) Responsibility of government entities. When a federal or state agency gets a Central Authority request for information under subsection (a), its head must promptly search its files and records. If the search finds the information, the agency head must send it to the Central Authority right away — unless disclosing it: (1) would hurt U.S. national security or federal or state law enforcement; or (2) is barred by section 9 of title 13. Either way, the agency head must quickly tell the Central Authority the search results and whether an exception applies. If the Central Authority already received information and later learns an exception applies, it cannot disclose that information under subsection (a). (d) Information available from Parent Locator Service. If information the Central Authority could get under subsection (c) is also available through the Parent Locator Service, the Central Authority must try that route first, before requesting it directly under subsection (c). (e) Recordkeeping. The Central Authority must keep proper records of its activities and how it resolved each case brought to it.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (Pub. L. 100–300, § 9, Apr. 29, 1988, 102 Stat. 440.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-300 · 102 Stat. 440

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-300 on 1988-04-29.

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