Page:United States Statutes at Large Volume 102 Part 1.djvu/478

 102 STAT. 440

PUBLIC LAW 100-300—APR. 29, 1988 (c) REGULATORY AUTHORITY.—The United States Central Author-

ity 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. State and local governments. 42 USC 11607.

State and local governments. 42 USC 11608.

SEC. 8. 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 incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3). (2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 4 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 4 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. SEC. 9. 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), 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 Act. (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 GrOVERNMENT 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

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