IB
Union Calendar No. 387
106TH CONGRESS
2D SESSION
H. R. 2909
[Report No. 106–691, Part I]
To provide for implementation by the United States of the Hague Convention
on Protection of Children and Co-operation in Respect of Intercountry
Adoption, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 22, 1999
Mr. GILMAN (for himself, Mr. CAMP, Mr. DELAHUNT, Mr. GEJDENSON, Mr.
BLILEY, Mr. OBERSTAR, Mr. SMITH of New Jersey, Mr. POMEROY, Mr.
MCGOVERN, Mr. BARRETT of Wisconsin, Mr. ENGLISH, Mr. FARR of
California, Mr. HORN, Mr. FORBES, Mr. RAMSTAD, Mrs. MINK of Ha-
waii, Mrs. JOHNSON of Connecticut, Mr. CAPUANO, Mr. FROST, Mr. POR-
TER, Mr. BARCIA, Mr. BURTON of Indiana, Mr. UNDERWOOD, Mr.
COOKSEY, Mr. HASTINGS of Florida, Mr. BARRETT of Nebraska, Mr.
SMITH of Texas, Ms. ROS-LEHTINEN, Mr. GREENWOOD, Mr. ACKERMAN,
Mr. BERMAN, Mr. DAVIS of Florida, Mr. STUPAK, Mr. CARDIN, Ms.
ESHOO, Mr. LANTOS, and Mr. BLUMENAUER) introduced the following
bill; which was referred to the Committee on International Relations, and
in addition to the Committees on the Judiciary, and Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
JUNE 22, 2000
Reported from the Committee on International Relations with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JUNE 22, 2000
Referred to the Committee on Ways and Means for a period ending not later
than June 22, 2000, for consideration of such provisions of the bill and
amendment as fall within the jurisdiction of that committee pursuant to
clause 1(s), rule X
JUNE 22, 2000
Referral to the Committees on the Judiciary and Education and the
Workforce extended for a period ending not later than June 22, 2000
JUNE 22, 2000
Additional sponsors: Mr. WAMP, Mr. DEFAZIO, Ms. PRYCE of Ohio, Mr. WU,
Mr. WEXLER, Mr. RADANOVICH, Mr. LUTHER, Mr. FOLEY, Ms. WOOL-
SEY, Mr. WAXMAN, Mr. UDALL of New Mexico, Mr. BENTSEN, Mr. CAS-
TLE, Mr. HINCHEY, and Mr. BOEHLERT
JUNE 22, 2000
Committees on the Judiciary, Education and the Workforce, and Ways and
Means discharged; committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on September 22, 1999]
A BILL
To provide for implementation by the United States of the
Hague Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Intercountry Adoption Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—UNITED STATES CENTRAL AUTHORITY
Sec. 101. Designation of central authority.
Sec. 102. Responsibilities of the Secretary of State.
Sec. 103. Responsibilities of the Attorney General.
Sec. 104. Annual report on intercountry adoptions.
TITLE II—PROVISIONS RELATING TO ACCREDITATION AND
APPROVAL
Sec. 201. Accreditation or approval required in order to provide adoption services
in cases subject to the Convention.
Sec. 202. Process for accreditation and approval; role of accrediting entities.
Sec. 203. Standards and procedures for providing accreditation or approval.
Sec. 204. Secretarial oversight of accreditation and approval.
Sec. 205. State plan requirement.
TITLE III—RECOGNITION OF CONVENTION ADOPTIONS IN THE
UNITED STATES
Sec. 301. Adoptions of children immigrating to the United States.
Sec. 302. Immigration and Nationality Act amendments relating to children
adopted from Convention countries.
Sec. 303. Adoptions of children emigrating from the United States.
TITLE IV—ADMINISTRATION AND ENFORCEMENT
Sec. 401. Access to Convention records.
Sec. 402. Documents of other Convention countries.
Sec. 403. Authorization of appropriations; collection of fees.
Sec. 404. Enforcement.
TITLE V—GENERAL PROVISIONS
Sec. 501. Recognition of Convention adoptions.
Sec. 502. Special rules for certain cases.
Sec. 503. Relationship to other laws.
Sec. 504. No private right of action.
Sec. 505. Effective dates; transition rule.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress recognizes—
(1) the international character of the Convention
on Protection of Children and Co-operation in Re-
spect of Intercountry Adoption (done at The Hague
on May 29, 1993), and
(2) the need for uniform interpretation and im-
plementation of the Convention in the United States
and abroad,
tion 202(a) to accredit agencies and approve persons
under title II.
(3) ADOPTION
SERVICE.—The term ‘‘adoption
service’’ means—
(A) identifying a child for adoption and ar-
ranging an adoption;
(B) securing necessary consent to termi-
nation of parental rights and to adoption;
(C) performing a background study on a
child or a home study on a prospective adoptive
parent, and reporting on such a study;
(D) making determinations of the best in-
terests of a child and the appropriateness of
adoptive placement for the child;
(E) post-placement monitoring of a case
until final adoption; and
(F) where made necessary by disruption be-
fore final adoption, assuming custody and pro-
viding child care or any other social service
pending an alternative placement.
The term ‘‘providing’’, with respect to an adoption
service, includes facilitating the provision of the serv-
ice.
(4) AGENCY.—The term ‘‘agency’’ means any
person other than an individual.
(5) APPROVED
PERSON.—The term ‘‘approved
person’’ means a person approved under title II to
provide adoption services in the United States in
cases subject to the Convention.
(6) ATTORNEY GENERAL.—Except as used in sec-
tion 404, the term ‘‘Attorney General’’ means the At-
torney General, acting through the Commissioner of
Immigration and Naturalization.
(7) CENTRAL
AUTHORITY.—The term ‘‘central
authority’’ means the entity designated as such by
any Convention country under Article 6(1) of the
Convention.
(8) CENTRAL AUTHORITY FUNCTION.—The term
‘‘central authority function’’ means any duty re-
quired to be carried out by a central authority under
the Convention.
(9) 
CONVENTION.—The 
term 
‘‘Convention’’
means the Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption,
done at The Hague on May 29, 1993.
(10) CONVENTION ADOPTION.—The term ‘‘Con-
vention adoption’’ means an adoption of a child resi-
dent in a foreign country party to the Convention by
a United States citizen, or an adoption of a child
resident in the United States by an individual resid-
ing in another Convention country.
(11) CONVENTION RECORD.—The term ‘‘Conven-
tion record’’ means any item, collection, or grouping
of information contained in an electronic or physical
document, an electronic collection of data, a photo-
graph, an audio or video tape, or any other informa-
tion storage medium of any type whatever that con-
tains information about a specific past, current, or
prospective Convention adoption (regardless of wheth-
er the adoption was made final) that has been pre-
served in accordance with section 401(a) by the Sec-
retary of State or the Attorney General.
(12) CONVENTION
COUNTRY.—The term ‘‘Con-
vention country’’ means a country party to the Con-
vention.
(13) OTHER CONVENTION COUNTRY.—The term
‘‘other Convention country’’ means a Convention
country other than the United States.
(14) PERSON.—The term ‘‘person’’ shall have the
meaning provided in section 1 of title 1, United
States Code, and shall not include any agency of gov-
ernment or tribal government entity.
(15) PERSON WITH AN OWNERSHIP OR CONTROL
INTEREST.—The term ‘‘person with an ownership or
control interest’’ has the meaning given such term in
section 1124(a)(3) of the Social Security Act (42
U.S.C. 1320a–3).
(16) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of State.
(17) STATE.—The term ‘‘State’’ means the 50
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands.
TITLE I—UNITED STATES
CENTRAL AUTHORITY
SEC. 101. DESIGNATION OF CENTRAL AUTHORITY.
(a) IN GENERAL.—For purposes of the Convention and
this Act—
(1) the Department of State shall serve as the
central authority of the United States; and
(2) the Secretary shall serve as the head of the
central authority of the United States.
(b) PERFORMANCE OF CENTRAL AUTHORITY FUNC-
TIONS.—
(1) Except as otherwise provided in this Act, the
Secretary shall be responsible for the performance of
all central authority functions for the United States
under the Convention and this Act.
(2) All personnel of the Department of State per-
forming core central authority functions in a profes-
sional capacity in the Office of Children’s Issues shall
have a strong background in consular affairs, per-
sonal experience in international adoptions, or profes-
sional experience in international adoptions or child
services.
(c) AUTHORITY TO ISSUE REGULATIONS.—Except as
otherwise provided in this Act, the Secretary may prescribe
such regulations as may be necessary to carry out central
authority functions on behalf of the United States.
SEC. 102. RESPONSIBILITIES OF THE SECRETARY OF STATE.
(a) LIAISON RESPONSIBILITIES.—The Secretary shall
have responsibility for—
(1) liaison with the central authorities of other
Convention countries; and
(2) the coordination of activities under the Con-
vention by persons subject to the jurisdiction of the
United States.
(b) INFORMATION EXCHANGE.—The Secretary shall be
responsible for—
(1) providing the central authorities of other
Convention countries with information concerning—
(A) agencies accredited and persons ap-
proved under title II, accredited agencies and
approved persons whose accreditation or ap-
proval has been suspended or canceled, and ac-
credited agencies and approved persons who have
been temporarily or permanently debarred from
accreditation or approval;
(B) Federal and State laws relevant to im-
plementing the Convention; and
(C) any other matters necessary and appro-
priate for implementation of the Convention;
(2) providing Federal agencies, State courts, and
accredited agencies and approved persons with an
identification of Convention countries and persons
authorized to perform functions under the Convention
in each such country; and
(3) facilitating the transmittal of other appro-
priate information to, and among, central authorities,
Federal and State agencies (including State courts),
and accredited agencies and approved persons.
(c) ACCREDITATION
AND APPROVAL RESPONSIBIL-
ITIES.—The Secretary shall carry out the functions pre-
scribed by the Convention with respect to the accreditation
of agencies and the approval of persons to provide adoption
services in the United States in cases subject to the Conven-
tion as provided in title II. Such functions may not be dele-
gated to any other Federal agency.
(d) 
ADDITIONAL
RESPONSIBILITIES.—The
Secretary—
(1) shall monitor individual Convention adop-
tion cases involving United States citizens; and
(2) may facilitate interactions between such citi-
zens and officials of other Convention countries on
matters relating to the Convention in any case in
which an accredited agency or approved person is un-
willing or unable to provide such facilitation.
(e) ESTABLISHMENT
OF REGISTRY.—The Secretary
and the Attorney General shall jointly establish a case reg-
istry of all adoptions involving immigration of children
into the United States and emigration of children from the
United States, regardless of whether the adoption occurs
under the Convention. Such registry shall permit tracking
of pending cases and retrieval of information on both pend-
ing and closed cases.
(f) METHODS OF PERFORMING RESPONSIBILITIES.—
The Secretary may—
(1) authorize public or private entities to per-
form appropriate central authority functions for
which the Secretary is responsible, pursuant to regu-
lations or under agreements published in the Federal
Register; and
(2) carry out central authority functions through
grants to, or contracts with, any individual or public
or private entity, except as may be otherwise specifi-
cally provided in this Act.
SEC. 103. RESPONSIBILITIES OF THE ATTORNEY GENERAL.
In addition to such other responsibilities as are specifi-
cally conferred upon the Attorney General by this Act, the
central authority functions specified in Article 14 of the
Convention (relating to the filing of applications by pro-
spective adoptive parents to the central authority of their
country of residence) shall be performed by the Attorney
General.
SEC. 104. ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.
(a) REPORTS REQUIRED.—Beginning one year after
the date of the entry into force of the Convention for the
United States and each year thereafter, the Secretary, in
consultation with the Attorney General and other appro-
priate agencies, shall submit a report describing the activi-
ties of the central authority of the United States under this
Act during the preceding year to the Committee on Inter-
national Relations, the Committee on Ways and Means,
and the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Foreign Relations, the
Committee on Finance, and the Committee on Judiciary
of the Senate.
(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall set forth with respect to the year concerned,
the following:
(1) The number of intercountry adoptions in-
volving immigration to the United States, regardless
of whether the adoption occurred under the Conven-
tion, including the country from which each child
emigrated, the State to which each child immigrated,
and the country in which the adoption was finalized.
(2) The number of intercountry adoptions in-
volving emigration from the United States, regardless
of whether the adoption occurred under the Conven-
tion, including the country to which each child immi-
grated and the State from which each child emi-
grated.
(3) The number of Convention placements for
adoption that were disrupted, including the country
from which the child emigrated, the age of the child,
the date of the placement for adoption, the reasons for
the disruption, the resolution of the disruption, the
agencies that handled the placement for adoption, and
the plans for the child, and in addition, any informa-
tion regarding disruption or dissolution of adoptions
of children from other countries received pursuant to
section 422(b)(14) of the Social Security Act, as
amended by section 205 of this Act.
(4) The average time required for completion of
a Convention adoption, set forth by country from
which the child emigrated.
(5) The current list of agencies accredited and
persons approved under this Act to provide adoption
services.
(6) The names of the accredited agencies and ap-
proved persons temporarily or permanently debarred
from accreditation or approval under this Act, and
the reasons for the debarment.
(7) The range of adoption fees charged in connec-
tion with Convention adoptions involving immigra-
tion to the United States and the median of such fees
set forth by the country of origin.
(8) The range of fees charged for accreditation of
agencies and the approval of persons in the United
States engaged in providing adoption services under
the Convention.
TITLE 
II—PROVISIONS 
RELAT-
ING TO ACCREDITATION AND
APPROVAL
SEC. 201. ACCREDITATION OR APPROVAL REQUIRED IN
ORDER TO PROVIDE ADOPTION SERVICES IN
CASES SUBJECT TO THE CONVENTION.
(a) IN GENERAL.—Except as otherwise provided in
this title, no person may offer or provide adoption services
in connection with a Convention adoption in the United
States unless that person—
(1) is accredited or approved by an accrediting
entity in accordance with this title; or
(2) is providing such services through or under
the supervision and responsibility of an accredited
agency or approved person.
(b) EXCEPTIONS.—Subsection (a) shall not apply to
the following:
(1) BACKGROUND
STUDIES
AND
HOME
STUD-
IES.—The performance of a background study on a
child or a home study on a prospective adoptive par-
ent, or any report on any such study by a social work
professional or organization who is not providing any
other adoption service in the case, if the background
or home study is approved by an accredited agency.
(2) CHILD WELFARE SERVICES.—The provision
of a child welfare service by a person who is not pro-
viding any other adoption service in the case.
(3) LEGAL
SERVICES.—The provision of legal
services by a person who is not providing any adop-
tion service in the case.
(4) PROSPECTIVE ADOPTIVE PARENTS ACTING ON
OWN BEHALF.—The conduct of a prospective adoptive
parent on his or her own behalf in the case, to the ex-
tent not prohibited by the law of the State in which
the prospective adoptive parent resides.
SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL;
ROLE OF ACCREDITING ENTITIES.
(a) DESIGNATION OF ACCREDITING ENTITIES.—
(1) IN GENERAL.—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 title, and the regulations prescribed under section
203, and upon entry into each such agreement shall
designate the qualified entity as an accrediting enti-
ty.
(2) QUALIFIED ENTITY.—In paragraph (1), the
term ‘‘qualified entity’’ means a nonprofit private en-
tity that has expertise in developing and admin-
istering standards for entities providing child welfare
services and that meets such other criteria as the Sec-
retary may by regulation establish.
(b) DUTIES OF ACCREDITING ENTITIES.—The duties
described in this subsection are the following:
(1) ACCREDITATION AND APPROVAL.—Accredita-
tion of agencies, and approval of persons, to provide
adoption services in the United States in cases subject
to the Convention.
(2) OVERSIGHT.—Ongoing monitoring of the
compliance of accredited agencies and approved per-
sons with applicable requirements, including review
of complaints against such agencies and persons in
accordance with procedures established by the accred-
iting entity and approved by the Secretary.
(3) ENFORCEMENT.—Taking of adverse actions
(including requiring corrective action, imposing sanc-
tions, 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.
(4) DATA, RECORDS, AND REPORTS.—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 re-
quires.
(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 petition for termination of the adverse
action) on demonstrating to the satisfaction of the ac-
crediting entity that the deficiencies necessitating 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 accred-
iting 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, United States
Code, and for purposes of such review the accrediting
entity shall be considered an agency within the mean-
ing of section 701 of such title.
(d) FEES.—The amount of fees assessed by accrediting
entities for the costs of accreditation shall be subject to ap-
proval by the Secretary. Such fees may not exceed the costs
of accreditation. In reviewing the level of such fees, the Sec-
retary shall consider the relative size of, the geographic loca-
tion of, and the number of Convention adoption cases man-
aged by the agencies or persons subject to accreditation or
approval by the accrediting entity.
SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING
ACCREDITATION OR APPROVAL.
(a) IN GENERAL.—
(1) PROMULGATION OF REGULATIONS.—The Sec-
retary, shall, by regulation, prescribe the standards
and procedures to be used by accrediting entities for
the accreditation of agencies and the approval of per-
sons to provide adoption services in the United States
in cases subject to the Convention.
(2) CONSIDERATION OF VIEWS.—In developing
such regulations, the Secretary shall consider any
standards or procedures developed or proposed by,
and the views of, individuals and entities with inter-
est and expertise in international adoptions and fam-
ily social services, including public and private enti-
ties 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, United States Code, shall apply in the de-
velopment and issuance of regulations under this sec-
tion.
(b) MINIMUM REQUIREMENTS.—
(1) ACCREDITATION.—The standards prescribed
under subsection (a) shall include the requirement
that accreditation of an agency may not be provided
or continued under this title unless the agency meets
the following requirements:
(A) SPECIFIC REQUIREMENTS.—
(i) The agency provides prospective
adoptive parents of a child in a prospective
Convention adoption a copy of the medical
records of the child on a date which is not
later than the earlier of the date that is 2
weeks before (I) the adoption, or (II) the
date on which the prospective parents travel
to a foreign country to complete all proce-
dures in such country relating to the adop-
tion. To the fullest extent practicable, an
English-language 
translation 
of 
such
records is provided.
(ii) The agency provides prospective
adoptive 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.
(iii) The agency employs personnel
providing intercountry adoption services on
a fee for service basis rather than on a con-
tingent fee basis.
(iv) The agency discloses fully its poli-
cies and practices, the disruption rates of
its placements for intercountry adoption,
and all fees charged by such agency for
intercountry adoption.
(B) CAPACITY TO PROVIDE ADOPTION SERV-
ICES.—The agency has, directly or through ar-
rangements with other persons, a sufficient num-
ber of appropriately trained and qualified per-
sonnel, sufficient financial resources, appropriate
organizational structure, and appropriate proce-
dures to enable the agency to provide, in accord-
ance with this Act, all adoption services in cases
subject to the Convention.
(C) USE
OF
SOCIAL
SERVICE
PROFES-
SIONALS.—The agency has established procedures
designed to ensure that social service functions
requiring the application of clinical skills and
judgment are performed only by professionals
with appropriate qualifications and credentials.
(D) RECORDS, REPORTS, AND INFORMATION
MATTERS.—The agency is capable of—
(i) maintaining such records and mak-
ing such reports as may be required by the
Secretary, the United States central author-
ity, and the accrediting entity that accred-
its the agency;
(ii) cooperating with reviews, inspec-
tions, and audits;
(iii) safeguarding sensitive individual
information; and
(iv) complying with other requirements
concerning information management nec-
essary to ensure compliance with the Con-
vention, this Act, and any other applicable
law.
(E) LIABILITY
INSURANCE.—The agency
agrees to have in force adequate liability insur-
ance for professional negligence and any other
insurance that the Secretary considers appro-
priate.
(F) 
COMPLIANCE
WITH
APPLICABLE
RULES.—The agency has established adequate
measures to comply (and to ensure compliance of
their agents and clients) with the Convention,
this Act, and any other applicable law.
(G) NONPROFIT ORGANIZATION WITH STATE
LICENSE TO PROVIDE ADOPTION SERVICES.—The
agency is a private nonprofit organization li-
censed 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 title unless
the person is a private for-profit entity that meets the
requirements of subparagraphs (A) through (F) of
paragraph (1) of this subsection.
(3) RENEWAL
OF
ACCREDITATION
OR
AP-
PROVAL.—The standards prescribed under subsection
(a) shall provide that the accreditation of an agency
or approval of a person under this title 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 person meets the requirements applicable to
original accreditation or approval under this title.
(c) TEMPORARY REGISTRATION OF SMALL COMMUNITY
BASED AGENCIES.—For a 2-year period after the entry
into force of the Convention and notwithstanding subsection
(b), the Secretary may provide, in regulations issued pursu-
ant to subsection (a), that an agency may register with the
Secretary and be accredited to provide adoption services in
the United States in cases subject to the Convention during
such period if the agency—
(1) is licensed in the State in which it is located
and is a non-profit agency;
(2) has been providing adoption services in con-
nection with intercountry adoptions for at least 5
years;
(3) has provided adoption services in fewer than
20 intercountry adoptions in the preceding calendar
year;
(4) has demonstrated that it will be able to pro-
vide the United States Government with all informa-
tion related to the elements described in section 104(b)
and provides such information;
(5) has initiated the process of becoming accred-
ited under the provisions of this Act and is actively
taking steps to become an accredited agency; and
(6) has not been found to be involved in any im-
proper conduct relating to intercountry adoptions.
SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION
AND APPROVAL.
(a) OVERSIGHT OF ACCREDITING ENTITIES.—The Sec-
retary shall—
(1) monitor the performance by each accrediting
entity of its duties under section 202 and its compli-
ance with the requirements of the Convention, this
Act, other applicable laws, and implementing regula-
tions under this Act; and
(2) suspend or cancel the designation of an ac-
crediting entity found to be substantially out of com-
pliance with the Convention, this Act, other applica-
ble laws, or implementing regulations under this Act.
(b) SUSPENSION OR CANCELLATION OF ACCREDITA-
TION OR APPROVAL.—
(1) SECRETARY’S
AUTHORITY.—The Secretary
shall suspend or cancel the accreditation or approval
granted by an accrediting entity to an agency or per-
son pursuant to section 202 when the Secretary finds
that—
(A) the agency or person is substantially
out of compliance with applicable requirements;
and
(B) the accrediting entity has failed or re-
fused, after consultation with the Secretary, to
take appropriate corrective 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
decifiencies have been corrected; and
(B)(i) in the case of a suspension, terminate
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 accredita-
tion or approval.
(c) DEBARMENT.—
(1) SECRETARY’S AUTHORITY.—On the initiative
of the Secretary, or on request of an accrediting enti-
ty, the Secretary may temporarily or permanently
debar an agency from accreditation or a person from
approval under this title, but only if—
(A) there is substantial evidence that the
agency or person is out of compliance with ap-
plicable requirements; and
(B) there has been a pattern of serious, will-
ful, or grossly negligent failures to comply or
other aggravating circumstances indicating that
continued accreditation or approval would not
be in the best interests of the children and fami-
lies concerned.
(2) PERIOD
OF
DEBARMENT.—The Secretary’s
debarment order shall state whether the debarment is
temporary or permanent. If the debarment is tem-
porary, 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 Sec-
retary 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 pursuant to this subsection in considering
any subsequent application of the agency or person,
or of any other entity in which the agency or person
has an ownership or control interest, for accreditation
or approval under this title.