§14922 Process for Accreditation and Approval; Role of Accrediting Entities

Summary

The Secretary must make agreements with one or more qualified groups to act as accrediting entities for adoptions covered by the Hague Convention. A qualified group can be a private nonprofit with experience making child-welfare standards, or a non‑Federal public agency (like a State agency) that has that experience, only accredits agencies in its own State, and meets other rules the Secretary sets. Accrediting entities must approve or accredit agencies and people who handle Convention adoptions, monitor them, investigate complaints, and take enforcement steps (like ordering fixes, imposing sanctions, or suspending or canceling approval). They must collect and keep records and send reports to the Secretary, the U.S. central authority, State courts, and others as required. Within 90 days after getting Federal funds authorized by section 14943, an accrediting entity must tell the Senate Foreign Relations Committee and the House Foreign Affairs Committee how much it got and how it used the money. If an agency or person is punished, they may reapply or ask to end the action after fixing problems, but there is no other administrative review; they may go to a U.S. district court to seek review under section 706 of title 5, with the accrediting entity treated as an “agency” under section 701. Any fees charged for accreditation must be approved by the Secretary, cannot exceed accreditation costs, and the Secretary must consider size, location, and number of Convention cases when approving fees.