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U.S. Code as of:
01/19/04
Section 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
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(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.
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