
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11608]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 121--INTERNATIONAL CHILD ABDUCTION REMEDIES
 
Sec. 11608. Collection, maintenance, and dissemination of 
        information
        

(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) of this section, 
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.

(c) Responsibility of government entities

    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) of this section, 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) of this section.

(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) 
of this section 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.

(Pub. L. 100-300, Sec. 9, Apr. 29, 1988, 102 Stat. 440.)
