ACCESS TO CONVENTION RECORDS.

SEC. 401. ACCESS TO CONVENTION RECORDS. (a) Preservation of Convention Records.— (1) In general.—Not later than 180 days after the date of the enactment of this Act, 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, United States Code, 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 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 Act. (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.