[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39582-39585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14106]


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DEPARTMENT OF STATE

[Public Notice 11772]


Memorandum of Agreement Between the U.S. Department of State 
Bureau of Consular Affairs and Center for Excellence in Adoption 
Services

ACTION: Notice.

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SUMMARY: The Department of State (the Department) is the lead Federal 
agency for implementation of the 1993 Hague Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption (the 
Convention), the Intercountry Adoption Act of 2000 (IAA), and the 
Intercountry Adoption Universal Accreditation Act of 2012 (UAA). Among 
other things, the IAA and UAA give the Secretary of State 
responsibility, by entering into agreements with one or more qualified 
entities and designating such entities as accrediting entities, for the 
accreditation of agencies and approval of persons to provide adoption 
services in intercountry adoptions. This notice is to inform the public 
that on June 2, 2022, the Department entered into an agreement with 
Center for Excellence in Adoption Services (CEAS), designating CEAS as 
an accrediting entity (AE) for five years.
    The text of the Memorandum of Agreement is included in its entirety 
at the end of this Notice.

FOR FURTHER INFORMATION CONTACT: Marisa Light (202) 485-6024, 
<a href="/cdn-cgi/l/email-protection#6223060d12160b0d0c2211160316074c050d14"><span class="__cf_email__" data-cfemail="2a6b4e455a5e4345446a595e4b5e4f044d455c">[email protected]</span></a>. Hearing or speech-impaired persons may use the 
Telecommunications Devices for the Deaf (TDD) by contacting the Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Department, pursuant to section 202(a) 
of the IAA, must enter into an agreement with at least one qualified 
entity and designate it as an accrediting entity. Accrediting entities 
may be (1) nonprofit private entities with expertise in developing and 
administering standards for entities providing child welfare services; 
or (2) state adoption licensing bodies that have expertise in 
developing and administering standards for entities providing child 
welfare services and that accredit only agencies located in that state. 
Both nonprofit accrediting entities and state accrediting entities must 
meet any other criteria that the Department may by regulation 
establish. IAAME is a nonprofit private entity with expertise in 
developing and administering standards for entities providing child 
welfare services.
    The final rule on accreditation of agencies and approval of persons 
(22 CFR part 96) was originally published in the Federal Register (71 
FR 8064-8066, February 15, 2006) and became effective on March 17, 
2006. The final rule establishes the regulatory framework for the 
accreditation and approval function and provides the standards that the 
designated accrediting entities will follow in accrediting or approving 
adoption service providers. Under the UAA, adoption service providers 
working with prospective adoptive parents in non-Convention adoption 
cases need to comply with the same accreditation requirement and 
standards that apply in Convention adoption cases.

Angela M Kerwin,
Deputy Assistant Secretary for Overseas Citizens Services, Bureau of 
Consular Affairs (CA/OCS), U.S. Department of State.

MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF STATE BUREAU OF 
CONSULAR AFFAIRS AND CENTER FOR EXCELLENCE IN ADOPTION SERVICES

Parties & Purpose of the Agreement

    The Department of State, Bureau of Consular Affairs (Department), 
and Center for Excellence in Adoption Services (CEAS), with its 
principal office located at 800 Westchester Avenue, Suite 641 North, 
Rye Brook NY 10573, hereinafter the ``Parties,'' are entering into this 
agreement for the purpose of designating Center for Excellence in 
Adoption Services (CEAS) as an accrediting entity under the 
Intercountry Adoption Act of 2000 (IAA), Public Law 106-279, and 22 CFR 
part 96.

Authorities

    The Department enters into this agreement pursuant to Sections 202 
and 204 of the IAA, 22 CFR part 96, and Delegation of Authority 261. 
CEAS has full authority to enter into this MOA under the authorization 
of CEAS's Board of Directors.

Definitions

    For purposes of this memorandum of agreement, terms used here that 
are defined in 22 CFR 96.2 shall have the same meaning as they have in 
22 CFR 96.2.
    The Parties AGREE AS FOLLOWS:

Article 1

Designation of the Accrediting Entity

    The Department hereby designates CEAS as an accrediting entity and 
thereby authorizes it to accredit agencies and approve persons to 
provide adoption services in intercountry adoption cases, in accordance 
with the procedures and standards set forth in 22 CFR part 96, and to 
perform all of the accrediting entity functions set forth in 22 CFR 
96.7(a).

Article 2

Responsibilities of the Accrediting Entity

    (1) CEAS agrees to perform all accrediting entity functions set 
forth in 22 CFR 96.7(a) and to perform its functions in accordance with 
the Convention, the IAA, the Intercountry Adoption Universal 
Accreditation Act of 2012 (UAA), Public Law 112-276, Part 96 of 22 CFR, 
and any other applicable regulations, and as additionally specified in 
this agreement. In performing these functions, CEAS will operate 
consistent with Department of State policies and written directives 
regarding U.S. obligations under the Convention and regarding the 
functions and responsibilities of an accrediting entity under the IAA, 
UAA, and any other applicable regulations.
    (2) CEAS agrees to perform such functions described in paragraph 
(1) over adoption service providers whose primary office is within its 
geographical jurisdiction, as assigned by the Department. Jurisdiction 
will be assigned on the basis of the primary office:

[[Page 39583]]

    a. As reported by the adoption service provider to the accrediting 
entity for inclusion in the public adoption service provider directory 
as of the date this agreement is signed by both parties; or
    b. In the case of adoption service providers not accredited or 
approved as of the date this agreement is signed by both parties, the 
primary office indicated in the initial application for accreditation 
or approval.
    Any change of primary office or identification of other primary 
office by an adoption service provider after the date of signature of 
this agreement will not affect the assignment of jurisdiction.
    (3) CEAS will develop and utilize a Department-approved transition 
plan to accommodate any necessary transfer of work and records between 
designated AEs operating in jurisdictions not assigned to CEAS.
    (4) CEAS will take appropriate staffing, funding, and other 
measures to allow it to carry out all required accrediting entity 
functions and responsibilities, and will use the Adoptions Tracking 
System and the Complaint Registry (ATS/CR) as directed by the 
Department, including by updating required data fields in a timely 
fashion. CEAS is permitted to additionally use an independent data 
collection system of its choice consistent with 22 CFR 96.7(a)(7) and 
with Department authorization, provided that the use of independent 
data collection system does not adversely affect CEAS's submission of 
the required data to the Department using ATS and ATS/CR.
    (5) In carrying out its accrediting entity functions, CEAS will:
    (a) make decisions on accreditation and approval in accordance with 
the procedures set forth in 22 CFR part 96 and using only the standards 
in subpart F of 22 CFR part 96 and the substantial compliance weighting 
system approved by the Department pursuant to paragraph 4, Article 3 
below;
    (b) charge applicants for accreditation or approval only fees 
approved by the Department pursuant to paragraph 3, Article 3 below;
    (c) review complaints, including complaints regarding conduct 
alleged to have occurred outside the United States, in accordance with 
subpart J of 22 CFR part 96 and additional procedures approved by the 
Department pursuant to paragraphs 2 (c) and 2 (d) in Article 3, below. 
CEAS will exercise its discretion in determining which methods are most 
appropriate to review complaints regarding conduct alleged to have 
occurred outside the United States, which may, when appropriate, 
include referring a complaint or other information relating to possible 
civil or criminal violation of IAA section 404 or other possible 
criminal activity to the Department and/or other appropriate law 
enforcement authorities for potential investigation;
    (d) take adverse actions against accredited agencies and approved 
persons in accordance with subpart K of 22 CFR part 96, and cooperate 
with the Department in any case in which the Department considers 
exercising its adverse action authorities because the accrediting 
entity has failed or refused after consultation with the Department to 
take what the Department considers to be appropriate enforcement 
action;
    (e) assume full responsibility for defending adverse actions in 
court proceedings, if challenged by the adoption service provider or 
the adoption service provider's board or officers;
    (f) refer an adoption service provider to the Department for 
debarment if it concludes after review that the adoption service 
provider's conduct meets the standards for action by the Secretary set 
out in 22 CFR 96.85;
    (g) promptly report changes in the accreditation or approval status 
of an adoption service provider to the Department and the relevant 
state licensing authority;
    (h) maintain and use only the procedures approved by the Department 
and those procedures presented to the Department pursuant to Article 3 
of this agreement whenever they apply;
    (i) consult with the Department, when needed, to solicit greater 
clarity regarding the meaning of relevant laws and regulations; and
    (j) at the Department's request, share information with the 
Department to assist the Department in carrying out its 
responsibilities.

Article 3

Training, Procedures, and Fees

    (1) Accreditation Materials and Training: In coordination with the 
Department and any other designated accrediting entities, CEAS will:
    (a) maintain forms, training materials, and evaluation practices;
    (b) conduct or assist in conducting or participate in any training 
sessions;
    (c) develop and maintain resources to assist applicants for 
accreditation and approval in understanding the accreditation and 
approval process and the steps needed to demonstrate the agency or 
person has achieved substantial compliance with the applicable 
standards.
    (2) Procedures: CEAS will maintain procedures approved by the 
Department and update these, subject to the Department's approval, as 
needed:
    (a) to evaluate whether a candidate for accreditation meets the 
applicable eligibility requirements set forth in 22 CFR part 96;
    (b) to carry out its monitoring duties;
    (c) to review complaints referred to it through the Complaint 
Registry or act on information received directly from the Department;
    (d) to review complaints that it receives about its own actions as 
an accrediting entity for adoption service providers;
    (e) to make public the disclosures required by 22 CFR 96.91;
    (f) to ensure the reasonableness of charges for the travel and 
maintenance of its site evaluators, such as for travel, meals, and 
accommodations, which charges shall be in addition to the fees charged 
under 22 CFR 96.8; and
    (g) to implement and terminate adverse actions.
    (3) Fee Schedule:
    (a) CEAS will maintain a fee schedule for accreditation and 
approval services that meets the requirements of 22 CFR 96, and update 
these, subject to approval by the Department. Fees will be set based on 
the principle of recovering no more than the full cost, as defined in 
OMB Circular A-25 paragraph 6(d)(1), of accreditation and approval 
services. CEAS will maintain a fee schedule developed using this 
methodology together with comprehensive documentation, and will provide 
justification of the proposed fees to the Department for the 
Department's approval.
    (b) The approved fee schedule can be amended with the approval of 
the Department.
    (4) Substantial Compliance Weighting Systems:
    (a) CEAS will maintain and update a substantial compliance 
weighting system as described in 22 CFR 96 and as approved by the 
Department.
    (b) In maintaining the systems described in paragraph (a) of this 
section, CEAS will coordinate with any other accrediting entities, and 
consult with the Department to ensure consistency between the systems 
used by accrediting entities. These systems can be amended with the 
approval of the Department.

Article 4

Data Collection, Reporting and Records

    (1) Adoptions Tracking System/Complaint Registry (ATS/CR):
    (a) CEAS will maintain and fund a computer and internet connection 
for use with the ATS/CR that meets system requirements set by the 
Department;

[[Page 39584]]

    (b) The Department will provide software or access tokens needed by 
individuals for secure access to the ATS/CR and facilitate any 
necessary training for use of the ATS/CR.
    (2) Annual Report: CEAS will report on dates agreed upon by the 
Parties, in a mutually agreed upon format, the information required in 
22 CFR 96.93 as provided in that section through ATS/CR.
    (3) Additional Reporting: CEAS will provide any additional status 
reports or data as required by the Department, and in a mutually agreed 
upon format.
    (4) Accrediting Entity Records: CEAS will retain all records 
related to its accreditation functions and responsibilities in printed 
or electronic form in accordance with the electronic recordkeeping 
policy that applies to Federal acquisition contracts under Federal 
Acquisition Regulation 4.703 for a minimum of 3 years after the 
termination of CEAS's designation as an accrediting entity, or until 
any litigation, claim, or audit related to the records filed or noticed 
within its period of designation is finally terminated, whichever is 
later. CEAS will be responsible for providing access to and 
transferring records necessary for another accrediting entity to 
perform its responsibilities and exercise jurisdiction over adoption 
service providers previously under the jurisdiction of CEAS.

Article 5

Department Oversight and Monitoring

    (1) To facilitate oversight and monitoring by the Department, CEAS 
will:
    (a) provide copies of its forms and other materials to the 
Department and give Department personnel the opportunity to observe any 
training sessions;
    (b) allow the Department to inspect all records relating to its 
accreditation functions and responsibilities and provide to the 
Department copies of such records as requested or required for 
oversight, including to evaluate renewal or maintenance of the 
accrediting entity's designation, and for purposes of transferring 
adoption service providers to another accrediting entity;
    (c) submit to the Department by a date agreed upon by the Parties 
an annual declaration signed by the President and Chief Executive 
Officer confirming that CEAS is complying with the IAA, UAA, 22 CFR 
part 96, any other applicable regulations, and this agreement in 
carrying out its functions and responsibilities;
    (d) make appropriate senior-level officers available to attend any 
meetings with the Department upon request;
    (e) immediately report to the Department events that have a 
significant impact on its ability to perform its functions and 
responsibilities as an accrediting entity, including financial 
difficulties, changes in key personnel or other staffing issues, legal 
or disciplinary actions against the organization, and conflicts of 
interest;
    (f) notify the Department of any requests for information relating 
to its role as an accrediting entity under the IAA and UAA or 
Department functions or responsibilities that it receives from Central 
Authorities of other countries that are party to the Convention, or any 
other competent authority (except for routine requests concerning 
accreditation, or approval status or other information publicly 
available under subpart M of Part 96), and consult with the Department 
before releasing such information;
    (g) consult immediately with the Department about any issue or 
event that may affect compliance with the IAA, UAA, or U.S. compliance 
with obligations under the Convention.
    (2) Departmental Approval Procedures: In all instances in which the 
Department must approve a policy, system, fee schedule, or procedure 
before CEAS can bring it into effect or amend it, CEAS will submit the 
policy, system, fee schedule, or procedure or amendment in writing to 
the Department via email. Formal approval by the Department will be 
conveyed in writing by the Deputy Assistant Secretary for Overseas 
Citizens Services or her or his designee.
    (3) Suspension or Cancellation: When the Department is considering 
suspension or cancellation of CEAS's designation:
    (a) the Department will notify CEAS in writing of the identified 
deficiencies in its performance and the time period in which the 
Department expects correction of the deficiencies;
    (b) CEAS will respond in writing to either explain the actions that 
it has taken or plans to take to correct the deficiencies or to 
demonstrate that the Department's concerns are unwarranted within 10 
business days or by another date mutually agreed upon by the Department 
and CEAS;
    (c) upon request, the Department also will meet with the 
accrediting entity virtually or in person;
    (d) if the Department, in its sole discretion, is not satisfied 
with the actions or explanation of CEAS, it will notify CEAS in writing 
of its decision to suspend or cancel CEAS's designation and this 
agreement;
    (e) CEAS will stop or suspend its actions as an accrediting entity 
as directed by the Department in the notice of suspension or 
cancellation, and cooperate with any Departmental instructions in order 
to transfer adoption service providers it accredits or approves to 
another accrediting entity, including by transferring fees collected by 
CEAS for services not yet performed.
    (4) CEAS will follow its Department-approved procedures for 
reviewing complaints against CEAS received by the Department or 
referred to the Department because the complainant was not satisfied 
with CEAS's resolution of the complaint. These complaint procedures may 
be incorporated into the Department's general procedures for handling 
instances in which the Department is considering whether a deficiency 
in the accrediting entity's performance may warrant suspension or 
cancellation of its designation.

Article 6

Other Issues Agreed by the Parties

    (1) Conflict of Interest Provisions:
    (a) CEAS shall disclose to the Department the name of any 
organization of which it is a member that also has as members 
intercountry adoption service providers. CEAS shall demonstrate to the 
Department that it has procedures in place to prevent any such 
membership from influencing its actions as an accrediting entity and 
shall maintain and use these procedures.
    (b) CEAS shall identify for the Department all members of its board 
of directors or other governing body, employees, attorneys, and 
consultants who have a professional or personal affiliation with any 
adoption service providers, or of membership organizations who have 
adoption service providers as members, or who represent adoption 
service providers, or who provide legal advice or services in 
intercountry adoption. CEAS shall demonstrate it has procedures in 
place to ensure that any such relationships will not influence any 
accreditation or approval decisions, and shall maintain and use these 
procedures.
    (c) CEAS shall disclose to the Department any other situation or 
circumstance that may create the appearance of a conflict of interest.
    (2) Liability: CEAS agrees to maintain sufficient resources to 
defend challenges to its actions as an accrediting entity, including by 
maintaining liability insurance for its actions as an

[[Page 39585]]

accrediting entity brought by agencies and/or persons seeking to be 
accredited or approved or who are accredited or approved, and to inform 
the Department immediately of any events that may affect its ability to 
defend itself (e.g., change in or loss of insurance coverage, change in 
relevant state law). CEAS agrees that it will consult with the 
Department immediately if it becomes aware of any other legal 
proceedings related to its acts as an accrediting entity, or of any 
legal proceedings not related to its acts as an accrediting entity that 
may threaten its ability to continue to function as an accrediting 
entity.
    (3) Privacy and Data Protection: CEAS agrees to take appropriate 
steps to ensure that all documents and information it receives about 
adoption service providers are safeguarded against unauthorized 
disclosure consistent with 22 CFR 96.26 (a). CEAS shall maintain 
internal policies and procedures designed to ensure the integrity and 
security of the data collected, handled, or stored in connection with 
its functions as an accrediting entity. CEAS agrees not to share or 
disclose any non-public information, including Department of State visa 
records protected under section 222(f) of the Immigration and 
Nationality Act (8 U.S.C. 1202(f)), shared with it by the Department, 
without prior authorization from the Department. CEAS agrees to 
promptly notify the Department in any cases where it knows or believes 
that an unauthorized disclosure has taken place.

Article 7

Liaison Between the Department and the Accrediting Entity

    (1) CEAS's principal point of contact for communications relating 
to its functions and duties as an accrediting entity will be the 
Executive Director, or his or her designate. The Department's principal 
point of contact for communication is the Chief of the Adoptions 
Oversight Division, or his or her designate.
    (2) The parties will keep each other currently informed in writing 
of the names and contact information for their principal points of 
contact. As of the signing of this Agreement, the respective principal 
points of contact are as set forth in Attachment 1.
    (3) CEAS acknowledges that information shared with the Department 
is subject to disclosure as required by U.S. law and regulations, to 
the extent that such information appears within an agency record as 
defined by 5 U.S.C. 552, et seq, is subject to the Freedom of 
Information Act (FOIA). CEAS may not withhold required information from 
the Department for the purpose of avoiding potential public disclosure 
pursuant to FOIA.

Article 8

Certifications and Assurances

    (1) CEAS certifies that it will comply with all requirements of 
applicable State and Federal law.

Article 9

Agreement, Scope, and Period of Performance

    (1) Scope:
    (a) This agreement is not intended to have any effect on any 
activities of CEAS that are not related to its functions as an 
accrediting entity for adoption service providers providing adoption 
services in intercountry adoptions.
    (b) Nothing in this agreement shall be deemed to be a commitment or 
obligation to provide any Federal funds.
    (c) All accrediting entity functions and responsibilities 
authorized by this agreement are to occur only during the duration of 
this agreement.
    (d) Nothing in this agreement shall release CEAS from any legal 
requirements or responsibilities imposed on the accrediting entity by 
the IAA, UAA, 22 CFR part 96, or any other applicable laws or 
regulations.
    (2) Commencement of responsibilities: CEAS's responsibilities under 
this agreement will commence upon approval by the Department of 
systems, procedures, and a fee schedule that, if applicable, are 
coordinated between CEAS and any other designated accrediting entity to 
ensure general consistency in accreditation systems and procedures, and 
general parity of fees. CEAS's responsibilities are subject to 
determination by the Department of jurisdictional boundaries between 
CEAS and any other designated accrediting entity.
    (3) Duration: CEAS's designation as an accrediting entity and this 
agreement shall remain in effect for five years from signature, unless 
terminated earlier by the Department in conjunction with the suspension 
or cancellation of the designation of CEAS. The Parties may agree 
mutually in writing to extend the designation of the accrediting entity 
and the duration of this agreement. If either Party does not wish to 
renew the agreement, it must provide written notice no less than one 
year prior to the termination date, and the Parties will consult to 
establish a mutually agreed schedule to transfer adoption service 
providers to another accrediting entity, including by transferring a 
reasonable allocation of collected fees for the remainder of the 
accreditation or approval period of such adoption service providers.
    (4) Changed Circumstances: If unforeseen circumstances arise that 
will render CEAS unable to continue to perform its duties as an 
Accrediting Entity, CEAS will immediately inform the Department of 
State. The Parties will consult and make reasonable efforts to find a 
solution that will enable CEAS to continue to perform until the end of 
the contract period. If no such solution can be reached, the contract 
may be terminated on a mutually agreed date or, if mutual agreement 
cannot be reached, on not less than 14 months written notice from CEAS.
    (5) Severability: To the extent that the Department determines, 
within its reasonable discretion, that any provision of this agreement 
is inconsistent with the Convention, the IAA, the UAA, the regulations 
implementing the IAA and UAA, or any other provision of law, that 
provision of the agreement shall be considered null and void and the 
remainder of the agreement shall continue in full force and effect as 
if the offending portion had not been a part of it.
    (6) Entirety of Agreement: This agreement is the entire agreement 
of the Parties and may be modified only upon written agreement of the 
Parties.

    Dated: May 27, 2022.

Rena Bitter,

Assistant Secretary for Consular Affairs, U.S. Department of State.

Dated: June 2, 2022.

Jayne Schmidt,

Executive Director, Center for Excellence in Adoption Services.

[FR Doc. 2022-14106 Filed 6-30-22; 8:45 am]
BILLING CODE 4710-06-P


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