22 U.S.C. § 9006 — United States Central Authority

Page 2178 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9006 documents or information included with such application or petition or provided after such submission which relates to the application or petition, as the case may be, no authentication of such application, petition, document, or in- formation shall be required in order for the ap- plication, petition, document, or information to be admissible in court. (Pub. L. 100–300, § 6, Apr. 29, 1988, 102 Stat. 439.) Editorial Notes CODIFICATION Section was formerly classified to section 11605 of Title 42, The Public Health and Welfare. § 9006. United States Central Authority (a) Designation The President shall designate a Federal agen- cy to serve as the Central Authority for the United States under the Convention. (b) Functions The functions of the United States Central Au- thority are those ascribed to the Central Au- thority by the Convention and this chapter. (c) Regulatory authority The United States Central Authority is au- thorized 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 au- thorized to make grants to, or enter into con- tracts or agreements with, any individual, cor- poration, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its respon- sibilities under the Convention and this chapter. (f) Limited liability of private entities acting under the direction of the United States Cen- tral 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 Au- thority under subsection (e) of this section for purposes of assisting the United States Cen- tral Authority in carrying out its responsibil- ities and functions under the Convention and this chapter, including any director, officer, employee, or agent of such entity or organiza- tion, 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, orga- nization, 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 dis- regard to a substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibil- ities 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 omis- sion related to an ordinary business activity, such as an activity involving general adminis- tration or operations, the use of motor vehi- cles, or personnel management. (Pub. L. 100–300, § 7, Apr. 29, 1988, 102 Stat. 439; Pub. L. 105–277, div. G, title XXII, § 2213, Oct. 21, 1998, 112 Stat. 2681–812; Pub. L. 108–370, § 2, Oct. 25, 2004, 118 Stat. 1750.) 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, pro- vided: The United States of America deposited its instru- ment of ratification of the Hague Convention on the Civil Aspects of International Child Abduction (‘‘Con- vention’’) 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 Con- vention, 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 De- partment 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 Page 2179 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9008 Child Abduction. The Secretary of State is hereby au- thorized and empowered, in accordance with such regu- lations 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. § 9007. Costs and fees (a) Administrative costs No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention. (b) Costs incurred in civil actions (1) Petitioners may be required to bear the costs of legal counsel or advisors, court costs in- curred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as pro- vided in paragraphs (2) and (3). (2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 9003 of this title shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs. (3) Any court ordering the return of a child pursuant to an action brought under section 9003 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate. (Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.) Editorial Notes CODIFICATION Section was formerly classified to section 11607 of Title 42, The Public Health and Welfare. § 9008. Collection, maintenance, and dissemina- tion of information (a) In general In performing its functions under the Conven- tion, the United States Central Authority may, under such conditions as the Central Authority prescribes by regulation, but subject to sub- section (c), receive from or transmit to any de- partment, 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, infor- mation necessary to locate a child or for the purpose of otherwise implementing the Conven- tion 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 in- strumentality 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 pre- scribe 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 instru- mentality of the United States or of any State receives a request from the United States Cen- tral Authority for information authorized to be provided to such Central Authority under sub- section (a), the head of such department, agen- cy, or instrumentality shall promptly cause a search to be made of the files and records main- tained by such department, agency, or instru- mentality in order to determine whether the in- formation requested is contained in any such files or records. If such search discloses the in- formation requested, the head of such depart- ment, agency, or instrumentality shall imme- diately transmit such information to the United States Central Authority, except that any such information the disclosure of which— (1) would adversely affect the national secu- rity 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 Author- ity. The head of such department, agency, or in- strumentality shall, immediately upon comple- tion 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 depart- ment, agency, or instrumentality thereafter no- tifies the Central Authority that an exception set forth in paragraph (1) or (2) applies to that information, the Central Authority may not dis- close 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 ac- tivities and the disposition of cases brought to its attention. (Pub. L. 100–300, § 9, Apr. 29, 1988, 102 Stat. 440.) 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,