§ 9006. United States Central Authority

Statutory text

Designation

The President shall designate a Federal agency to serve as the Central Authority for the United States under the Convention.

Functions

The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this chapter.

Regulatory authority

The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this chapter.

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.

Grant authority

The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this chapter.

Limited liability of private entities acting under the direction of the United States Central Authority

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 Authority under subsection (e) of this section for purposes of assisting the United States Central Authority in carrying out its responsibilities and functions under the Convention and this chapter, including any director, officer, employee, or agent of such entity or organization, 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.

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, organization, 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 disregard to a substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibilities or functions under this chapter.

Exception for ordinary business activities

The limitation on liability under paragraph (1) shall not apply to any alleged act or omission related to an ordinary business activity, such as an activity involving general administration or operations, the use of motor vehicles, or personnel management.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1988
International Child Abduction Remedies Act
Pub. L. 100–300 § 7 · 102 Stat. 437
Enacted · 22 U.S.C. § 9006
Pub. L. 100–300, § 7, Apr. 29, 1988, 102 Stat. 439
Source evidence
Code source credit
Pub. L. 100–300, § 7, Apr. 29, 1988, 102 Stat. 439
Enacted provision · exact public law section
SEC. 7. UNITED STATES CENTRAL AUTHORITY. (a) Designation.— The President shall designate a Federal agency President of U.S. to serve as the Central Authority for the United States under the Convention. (b) Functions.— The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this Act. (c) Regulatory Authority.— The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this Act. (d) Obtaining Information From Parent Locator Service.— The United States Central Authority may, to the extent authorized by the Social Security Act, obtain information from the Parent Locator Service.
1998
Pub. L. 105–277 div. G title XXII § 2213 · 112 Stat. 2681
Added · 22 U.S.C. § 9006(e)
Pub. L. 105–277 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–277 added subsec. (e).
2004
Prevention of Child Abduction Partnership Act
Pub. L. 108–370 § 2 · 118 Stat. 1750
Added · 22 U.S.C. § 9006(f)
Pub. L. 108–370 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 108–370 added subsec. (f).
Enacted provision · exact public law section
SEC. 2. LIMITATION ON LIABILITY. Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606) is amended by adding at the end the following new subsection: “(f) Limited Liability of Private Entities Acting Under the Direction of the United States Central 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 Authority under subsection (e) of this section for purposes of assisting the United States Central Authority in carrying out its responsibilities and functions under the Convention and this Act, including any director, officer, employee, or agent of such entity or organization, 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, organization, 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 disregard to a substantial risk of causing injury without legal justification, or for a purpose unrelated to the performance of responsibilities or functions under this Act. “(3) Exception for ordinary business activities.— The limitation on liability under paragraph (1) shall not apply to any alleged act or omission related to an ordinary business activity, such as an activity involving general administration or operations, the use of motor vehicles, or personnel management.” .

2 of 3 references resolved to an enrolled provision · 1 partial

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.

Amendments1998–2004 · 2 rounds

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, provided:

The United States of America deposited its instrument of ratification of the Hague Convention on the Civil Aspects of International Child Abduction (“Convention”) 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 Convention, 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 Department 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 Child Abduction. The Secretary of State is hereby authorized and empowered, in accordance with such regulations 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.

Credits

1988–2004 · 3 acts

1988Pub. L. 100–300, § 7, Apr. 29, 1988, 102 Stat. 439
1998Pub. L. 105–277, div. G, title XXII, § 2213, Oct. 21, 1998, 112 Stat. 2681–812
2004Pub. L. 108–370, § 2, Oct. 25, 2004, 118 Stat. 1750.

Show as published

(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.)