42 U.S.C. § 14923 — Standards and procedures for providing

Page 8651 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14923 lations of the Senate and the Committee on Foreign Affairs of the House of Representa- tives that describes— (A) the amount of such funding the entity received; and (B) how such funding was, or will be, used by the entity. (c) Remedies for adverse action by accrediting entity (1) Correction of deficiency An agency or person who is the subject of an adverse action by an accrediting entity may re-apply for accreditation or approval (or peti- tion for termination of the adverse action) on demonstrating to the satisfaction of the ac- crediting entity that the deficiencies necessi- tating the adverse action have been corrected. (2) No other administrative review An adverse action by an accrediting entity shall not be subject to administrative review. (3) Judicial review An agency or person who is the subject of an adverse action by an accrediting entity may petition the United States district court in the judicial district in which the agency is located or the person resides to set aside the adverse action. The court shall review the adverse ac- tion in accordance with section 706 of title 5, and for purposes of such review the accred- iting entity shall be considered an agency within the meaning of section 701 of such title. (d) Fees The amount of fees assessed by accrediting en- tities for the costs of accreditation shall be sub- ject to approval by the Secretary. Such fees may not exceed the costs of accreditation. In review- ing the level of such fees, the Secretary shall consider the relative size of, the geographic lo- cation of, and the number of Convention adop- tion cases managed by the agencies or persons subject to accreditation or approval by the ac- crediting entity. (Pub. L. 106–279, title II, § 202, Oct. 6, 2000, 114 Stat. 831; Pub. L. 112–276, § 3(b), Jan. 14, 2013, 126 Stat. 2467.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classifica- tion of title II to the Code, see Tables. AMENDMENTS 2013—Subsec. (b)(5). Pub. L. 112–276 added par. (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Ef- fective Dates; Transition Rule note under section 14901 of this title. § 14923. Standards and procedures for providing accreditation or approval (a) In general (1) Promulgation of regulations The Secretary, shall, by regulation, pre- scribe the standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval of persons to pro- vide adoption services in the United States in cases subject to the Convention. (2) Consideration of views In developing such regulations, the Sec- retary shall consider any standards or proce- dures developed or proposed by, and the views of, individuals and entities with interest and expertise in international adoptions and fam- ily social services, including public and pri- vate entities with experience in licensing and accrediting adoption agencies. (3) 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) Minimum requirements (1) Accreditation The standards prescribed under subsection (a) shall include the requirement that accredi- tation of an agency may not be provided or continued under this subchapter unless the agency meets the following requirements: (A) Specific requirements (i) The agency provides prospective adop- tive parents of a child in a prospective Con- vention adoption a copy of the medical records of the child (which, to the fullest ex- tent practicable, shall include an English- language translation of such records) on a date which is not later than the earlier of the date that is 2 weeks before: (I) the adop- tion; or (II) the date on which the prospec- tive parents travel to a foreign country to complete all procedures in such country re- lating to the adoption. (ii) The agency ensures that a thorough background report (home study) on the pro- spective adoptive parent or parents has been completed in accordance with the Conven- tion and with applicable Federal and State requirements and transmitted to the Attor- ney General with respect to each Convention adoption. Each such report shall include a criminal background check and a full and complete statement of all facts relevant to the eligibility of the prospective adopting parent or parents to adopt a child under any requirements specified by the central au- thority of the child’s country of origin under section 14912(b)(3) of this title, including, in the case of a child emigrating to the United States for the purpose of adoption, the re- quirements of the child’s country of origin applicable to adoptions taking place in such country. For purposes of this clause, the term ‘‘background report (home study)’’ in- cludes any supplemental statement sub- mitted by the agency to the Attorney Gen- eral for the purpose of providing information Page 8652 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14923 relevant to any requirements specified by the child’s country of origin. (iii) The agency provides prospective adop- tive parents with a training program that includes counseling and guidance for the purpose of promoting a successful inter- country adoption before such parents travel to adopt the child or the child is placed with such parents for adoption. (iv) The agency employs personnel pro- viding intercountry adoption services on a fee for service basis rather than on a contin- gent fee basis. (v) The agency discloses fully its policies and practices, the disruption rates of its placements for intercountry adoption, and all fees charged by such agency for inter- country adoption. (B) Capacity to provide adoption services The agency has, directly or through ar- rangements with other persons, a sufficient number of appropriately trained and quali- fied personnel, sufficient financial resources, appropriate organizational structure, and appropriate procedures to enable the agency to provide, in accordance with this chapter, all adoption services in cases subject to the Convention. (C) Use of social service professionals The agency has established procedures de- signed to ensure that social service func- tions requiring the application of clinical skills and judgment are performed only by professionals with appropriate qualifications and credentials. (D) Records, reports, and information mat- ters The agency is capable of— (i) maintaining such records and making such reports as may be required by the Secretary, the United States central au- thority, and the accrediting entity that accredits the agency; (ii) cooperating with reviews, inspec- tions, and audits; (iii) safeguarding sensitive individual in- formation; and (iv) complying with other requirements concerning information management nec- essary to ensure compliance with the Con- vention, this chapter, and any other appli- cable law. (E) Liability insurance The agency agrees to have in force ade- quate liability insurance for professional negligence and any other insurance that the Secretary considers appropriate. (F) Compliance with applicable rules The agency has established adequate measures to comply (and to ensure compli- ance of their agents and clients) with the Convention, this chapter, and any other ap- plicable law. (G) Nonprofit organization with state license to provide adoption services The agency is a private nonprofit organi- zation licensed to provide adoption services in at least one State. (2) Approval The standards prescribed under subsection (a) shall include the requirement that a person shall not be approved under this subchapter unless the person is a private for-profit entity that meets the requirements of subparagraphs (A) through (F) of paragraph (1) of this sub- section. (3) Renewal of accreditation or approval The standards prescribed under subsection (a) shall provide that the accreditation of an agency or approval of a person under this sub- chapter shall be for a period of not less than 3 years and not more than 5 years, and may be renewed on a showing that the agency or per- son meets the requirements applicable to original accreditation or approval under this subchapter. (c) Temporary registration of community based agencies (1) One-year registration period for medium community based agencies For a 1-year period after the entry into force of the Convention and notwithstanding sub- section (b), the Secretary may provide, in reg- ulations issued pursuant to subsection (a), that an agency may register with the Sec- retary and be accredited to provide adoption services in the United States in cases subject to the Convention during such period if the agency has provided adoption services in fewer than 100 intercountry adoptions in the pre- ceding calendar year and meets the criteria described in paragraph (3). (2) Two-year registration period for small com- munity-based agencies For a 2-year period after the entry into force of the Convention and notwithstanding sub- section (b), the Secretary may provide, in reg- ulations issued pursuant to subsection (a), that an agency may register with the Sec- retary and be accredited to provide adoption services in the United States in cases subject to the Convention during such period if the agency has provided adoption services in fewer than 50 intercountry adoptions in the pre- ceding calendar year and meets the criteria described in paragraph (3). (3) Criteria for registration Agencies registered under this subsection shall meet the following criteria: (A) The agency is licensed in the State in which it is located and is a nonprofit agency. (B) The agency has been providing adop- tion services in connection with inter- country adoptions for at least 3 years. (C) The agency has demonstrated that it will be able to provide the United States Government with all information related to the elements described in section 14914(b) of this title and provides such information. (D) The agency has initiated the process of becoming accredited under the provisions of this chapter and is actively taking steps to become an accredited agency. (E) The agency has not been found to be involved in any improper conduct relating to intercountry adoptions. Page 8653 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14924 1 So in original. Probably should be section ‘‘14923(b)(1)(A)(ii)’’. (Pub. L. 106–279, title II, § 203, Oct. 6, 2000, 114 Stat. 832.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (b), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables. This chapter, referred to in subsecs. (b)(1)(B), (D)(iv), (F) and (c)(3)(D), was in the original ‘‘this Act’’, mean- ing Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, known as the Intercountry Adoption Act of 2000, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Ef- fective Dates; Transition Rule note under section 14901 of this title. § 14924. Secretarial oversight of accreditation and approval (a) Oversight of accrediting entities The Secretary shall— (1) monitor the performance by each accred- iting entity of its duties under section 14922 of this title and its compliance with the require- ments of the Convention, this chapter, other applicable laws, and implementing regulations under this chapter; and (2) suspend or cancel the designation of an accrediting entity found to be substantially out of compliance with the Convention, this chapter, other applicable laws, or imple- menting regulations under this chapter. (b) Suspension or cancellation of accreditation or approval (1) Secretary’s authority The Secretary shall suspend or cancel the accreditation or approval granted by an ac- crediting entity to an agency or person pursu- ant to section 14922 of this title when the Sec- retary finds that— (A) the agency or person is substantially out of compliance with applicable require- ments; and (B) the accrediting entity has failed or re- fused, after consultation with the Secretary, to take appropriate enforcement action. (2) Correction of deficiency At any time when the Secretary is satisfied that the deficiencies on the basis of which an adverse action is taken under paragraph (1) have been corrected, the Secretary shall— (A) notify the accrediting entity that the deficiencies have been corrected; and (B)(i) in the case of a suspension, termi- nate the suspension; or (ii) in the case of a cancellation, notify the agency or person that the agency or person may re-apply to the accrediting entity for accreditation or approval. (c) Debarment (1) Secretary’s authority On the initiative of the Secretary, or on re- quest of an accrediting entity, the Secretary may temporarily or permanently debar an agency from accreditation or a person from approval under this subchapter, but only if— (A) there is substantial evidence that the agency or person is out of compliance with applicable requirements; and (B) there has been a pattern of serious, willful, or grossly negligent failures to com- ply or other aggravating circumstances indi- cating that continued accreditation or ap- proval would not be in the best interests of the children and families concerned. (2) Period of debarment The Secretary’s debarment order shall state whether the debarment is temporary or per- manent. If the debarment is temporary, the Secretary shall specify a date, not earlier than 3 years after the date of the order, on or after which the agency or person may apply to the Secretary for withdrawal of the debarment. (3) Effect of debarment An accrediting entity may take into account the circumstances of the debarment of an agency or person that has been debarred pur- suant to this subsection in considering any subsequent application of the agency or per- son, or of any other entity in which the agen- cy or person has an ownership or control inter- est, for accreditation or approval under this subchapter. (d) Judicial review A person (other than a prospective adoptive parent), an agency, or an accrediting entity who is the subject of a final action of suspension, cancellation, or debarment by the Secretary under this subchapter may petition the United States District Court for the District of Colum- bia or the United States district court in the ju- dicial district in which the person resides or the agency or accrediting entity is located to set aside the action. The court shall review the ac- tion in accordance with section 706 of title 5. (e) Failure to ensure a full and complete home study (1) In general Willful, grossly negligent, or repeated fail- ure to ensure the completion and transmission of a background report (home study) that fully complies with the requirements of section 14923(b)(1)(A)(ii) of this title shall constitute substantial noncompliance with applicable re- quirements. (2) Regulations Regulations promulgated under section 14923 of this title shall provide for— (A) frequent and careful monitoring of compliance by agencies and approved per- sons with the requirements of section 14923(b)(A)(ii) 1 of this title; and (B) consultation between the Secretary and the accrediting entity where an agency or person has engaged in substantial non- compliance with the requirements of section 14923(b)(A)(ii) 1 of this title, unless the ac- crediting entity has taken appropriate cor-