22 U.S.C. § 9008 — Collection, maintenance, and dissemina-

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, Page 2180 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9009 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. § 9009. Office of Children’s Issues (a) Director requirements The Secretary of State shall fill the position of Director of the Office of Children’s Issues of the Department of State (in this section referred to as the ‘‘Office’’) with an individual of senior rank who can ensure long-term continuity in the management and policy matters of the Of- fice and has a strong background in consular af- fairs. (b) Case officer staffing Effective April 1, 2000, there shall be assigned to the Office of Children’s Issues of the Depart- ment of State a sufficient number of case offi- cers to ensure that the average caseload for each officer does not exceed 75. (c) Embassy contact The Secretary of State shall designate in each United States diplomatic mission an employee who shall serve as the point of contact for mat- ters relating to international abductions of chil- dren by parents. The Director of the Office shall regularly inform the designated employee of children of United States citizens abducted by parents to that country. (d) Reports to parents (1) In general Except as provided in paragraph (2), begin- ning 6 months after November 29, 1999, and at least once every 6 months thereafter, the Sec- retary of State shall report to each parent who has requested assistance regarding an ab- ducted child overseas. Each such report shall include information on the current status of the abducted child’s case and the efforts by the Department of State to resolve the case. (2) Exception The requirement in paragraph (1) shall not apply in a case of an abducted child if— (A) the case has been closed and the Sec- retary of State has reported the reason the case was closed to the parent who requested assistance; or (B) the parent seeking assistance requests that such reports not be provided. (Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 201], Nov. 29, 1999, 113 Stat. 1536, 1501A–419). Editorial Notes CODIFICATION Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authoriza- tion Act, Fiscal Years 2000 and 2001, and not as part of the International Child Abduction Remedies Act which comprises this chapter. Section was formerly classified to section 11608a of Title 42, The Public Health and Welfare. § 9010. Interagency coordinating group The Secretary of State, the Secretary of Health and Human Services, and the Attorney General shall designate Federal employees and may, from time to time, designate private citi- zens to serve on an interagency coordinating group to monitor the operation of the Conven- tion and to provide advice on its implementa- tion to the United States Central Authority and other Federal agencies. This group shall meet from time to time at the request of the United States Central Authority. The agency in which the United States Central Authority is located is authorized to reimburse such private citizens for travel and other expenses incurred in partici- pating at meetings of the interagency coordi- nating group at rates not to exceed those au- thorized under subchapter I of chapter 57 of title 5 for employees of agencies. (Pub. L. 100–300, § 10, Apr. 29, 1988, 102 Stat. 441.) Editorial Notes CODIFICATION Section was formerly classified to section 11609 of Title 42, The Public Health and Welfare. § 9011. Authorization of appropriations There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of the Convention and this chapter. (Pub. L. 100–300, § 12, Apr. 29, 1988, 102 Stat. 442.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 Ta- bles. CODIFICATION Section was formerly classified to section 11610 of Title 42, The Public Health and Welfare. CHAPTER 98—INTERNATIONAL CHILD ABDUCTION PREVENTION AND RETURN Sec. 9101. Definitions. SUBCHAPTER I—DEPARTMENT OF STATE ACTIONS 9111. Annual Report. 9112. Standards and assistance. 9113. Bilateral procedures, including memoranda of understanding. 9114. Report to congressional representatives. SUBCHAPTER II—ACTIONS BY THE SECRETARY OF STATE 9121. Response to international child abductions. 9122. Actions by the Secretary of State in response to patterns of noncompliance in cases of international child abductions. 9123. Consultations with foreign governments. 9124. Waiver by the Secretary of State. 9125. Termination of actions by the Secretary of State. SUBCHAPTER III—PREVENTION OF INTERNATIONAL CHILD ABDUCTION 9141. Authorization for judicial training on inter- national parental child abduction.