42 USC 14941 – Access to Convention records
(a) Preservation of Convention records
(1) In general
Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.
(2) Applicability of notice and comment rules
Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.
(b) Access to Convention records
(1) Prohibition
Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.
(2) Exception for administration of the Convention
A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter.
(3) Penalties for unlawful disclosure
Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.
(c) Access to non-Convention records
Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law.
Terms Used In 42 USC 14941
- Attorney General: means the Attorney General, acting through the Commissioner of Immigration and Naturalization. See 42 USC 14902
- Convention: means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993. See 42 USC 14902
- Convention record: means any item, collection, or grouping of information contained in an electronic or physical document, an electronic collection of data, a photograph, an audio or video tape, or any other information storage medium of any type whatever that contains information about a specific past, current, or prospective Convention adoption (regardless of whether the adoption was made final) that has been preserved in accordance with section 14941(a) of this title by the Secretary of State or the Attorney General. See 42 USC 14902
- Secretary: means the Secretary of State. See 42 USC 14902
- State: means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands. See 42 USC 14902