42 U.S.C. § 14922 — Process for accreditation and approval; role of accrediting entities

(a) Designation of accrediting entities. (1) In general. The Secretary must enter into agreements with one or more qualified entities to perform the duties in subsection (b), following the Convention, this subchapter, and the regulations under section 14923. Once an agreement is signed, the Secretary designates that entity an "accrediting entity." (2) Qualified entities. A qualified entity is either (A) a nonprofit private entity with expertise developing and running standards for child-welfare-service providers, meeting whatever other criteria the Secretary sets by regulation; or (B) a public entity, other than a federal one — such as a state agency that licenses adoption agencies — that (i) has that same expertise, (ii) accredits only agencies in its own state, and (iii) meets the Secretary's other criteria. (b) Duties of accrediting entities. (1) Accreditation and approval — accrediting agencies and approving individuals to provide adoption services in Convention cases. (2) Oversight — ongoing monitoring of accredited agencies' and approved persons' compliance, including reviewing complaints, under procedures the Secretary approves. (3) Enforcement — taking adverse action against agencies or people who don't comply — requiring corrective action, imposing sanctions, or refusing to renew, suspending, or canceling accreditation or approval — and telling them what deficiencies led to the action. (4) Data, records, and reports — collecting data, keeping records, and reporting to the Secretary, the U.S. central authority, state courts, and others, including who was granted or denied accreditation or approval, as the Secretary requires. (5) Report on use of Federal funding — within 90 days of receiving funding under section 14943, the entity must report to the Senate Foreign Relations Committee and House Foreign Affairs Committee (A) how much funding it received, and (B) how the funding was, or will be, used. (c) Remedies for adverse action by accrediting entity. (1) Correction of deficiency — an agency or person hit with an adverse action may reapply for accreditation or approval, or ask that the action be ended, once they show the accrediting entity that the underlying problems are fixed. (2) No other administrative review — an adverse action by an accrediting entity is not subject to any other administrative appeal. (3) Judicial review — the agency or person may petition the U.S. district court where the agency is located or the person lives to set the action aside. The court reviews it under section 706 of Title 5, and for that review the accrediting entity counts as a government "agency" under section 701 of Title 5. (d) Fees. The Secretary must approve the fees accrediting entities charge for accreditation costs, and those fees can't exceed the actual cost of accrediting. When reviewing fee levels, the Secretary must consider the size, location, and number of Convention adoption cases handled by the agencies or people being accredited.