42 U.S.C. § 14922 — Process for accreditation and approval; role of accrediting entities
submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 663 words · no verdicts yet
The Secretary designates qualified entities to accredit agencies and approve persons, monitor compliance, enforce requirements, and report information. Agencies and persons may correct deficiencies or seek judicial review, and accreditation fees need the Secretary’s approval and cannot exceed accreditation costs.
(a) Designation of accrediting entities
(1) The Secretary* must make agreements with one or more qualified entities to perform subsection (b)’s duties under the Convention*, this subchapter, and section 14923 regulations, and must designate each such entity as an accrediting entity*.
(2) “Qualified entity” means either (A) a nonprofit private entity with expertise in developing and administering standards for child-welfare organizations and any other regulatory criteria, or (B) a non-Federal public entity, including a State* licensing agency*, that has that expertise, accredits only agencies located in its State, and meets any other regulatory criteria.
(b) Duties
Accrediting entities must: (1) accredit agencies and approve persons for Convention adoption* services in the United States; (2) continuously monitor compliance and review complaints under procedures approved by the Secretary; (3) take adverse actions, including corrective orders, sanctions, and refusal to renew, suspension, or cancellation, and tell the agency or person the deficiencies; (4) collect data, keep records, and report as required to the Secretary, the United States central authority*, State courts, and other entities, including information about approvals and denials; and (5) within 90 days after receiving Federal funding under section 14943, report to the listed congressional committees the amount received and how it was or will be used.
(c) Remedies
(1) An agency or person subject to adverse action may reapply or ask that the action end after showing the accrediting entity that the deficiencies were corrected. (2) The action is not subject to administrative review. (3) The agency or person may petition the United States district court where the agency is located or person resides to set it aside. The court reviews it under section 706 of title 5, treating the accrediting entity as an agency under section 701.
(d) Fees
The Secretary must approve accreditation fees. They may not exceed accreditation costs. In reviewing them, the Secretary must consider the agency’s or person’s size, location, and number of Convention cases.
The Secretary* shall enter into agreements with one or more qualified entities under which such entities will perform the duties described in subsection (b) in accordance with the Convention*, this subchapter, and the regulations prescribed under section 14923 of this title, and upon entering into each such agreement shall designate the qualified entity as an accrediting entity*.
In paragraph (1), the term “qualified entity” means—
a nonprofit private entity that has expertise in developing and administering standards for entities providing child welfare services and that meets such other criteria as the Secretary may by regulation establish; or
a public entity (other than a Federal entity), including an agency* or instrumentality of State* government having responsibility for licensing adoption agencies, that—
has expertise in developing and administering standards for entities providing child welfare services;
accredits only agencies located in the State in which the public entity is located; and
meets such other criteria as the Secretary may by regulation establish.
The duties described in this subsection are the following:
Accreditation of agencies, and approval of persons, to provide adoption services in the United States in cases subject to the Convention.
Ongoing monitoring of the compliance of accredited agencies and approved persons with applicable requirements, including review of complaints against such agencies and persons in accordance with procedures established by the accrediting entity and approved by the Secretary.
Taking of adverse actions (including requiring corrective action, imposing sanctions, and refusing to renew, suspending, or canceling accreditation or approval) for noncompliance with applicable requirements, and notifying the agency or person against whom adverse actions are taken of the deficiencies necessitating the adverse action.
Collection of data, maintenance of records, and reporting to the Secretary, the United States central authority*, State courts, and other entities (including on persons and agencies granted or denied approval or accreditation), to the extent and in the manner that the Secretary requires.
Not later than 90 days after an accrediting entity receives Federal funding authorized by section 14943 of this title, the entity shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes—
the amount of such funding the entity received; and
how such funding was, or will be, used by the entity.
An agency or person who is the subject of an adverse action by an accrediting entity may re-apply for accreditation or approval (or petition for termination of the adverse action) on demonstrating to the satisfaction of the accrediting entity that the deficiencies necessitating the adverse action have been corrected.
An adverse action by an accrediting entity shall not be subject to administrative 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 action in accordance with section 706 of title 5, and for purposes of such review the accrediting entity shall be considered an agency within the meaning of section 701 of such title.
The amount of fees assessed by accrediting entities for the costs of accreditation shall be subject to approval by the Secretary. Such fees may not exceed the costs of accreditation. In reviewing the level of such fees, the Secretary shall consider the relative size of, the geographic location of, and the number of Convention adoption* cases managed by the agencies or persons subject to accreditation or approval by the accrediting entity.
Source credit: (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.)
- 2000Enacted · Pub. L. 106-279 · 114 Stat. 831
- 2013Amended · Pub. L. 112-276 · 126 Stat. 2467
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-279 on 2000-10-06.
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