42 U.S.C. § 11606 : US Code - Section 11606: United States Central Authority

Search 42 U.S.C. § 11606 : US Code - Section 11606: United States Central Authority

(a) Designation
The President shall designate a Federal agency 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
chapter.
(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 chapter.
(d) 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.
(e) 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.
(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
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.
(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 chapter.
(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.