Page:United States Statutes at Large Volume 114 Part 1.djvu/868

 114 STAT. 832 PUBLIC LAW 106-279—OCT. 6, 2000 (3) ENFORCEMENT. — 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. (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 requires. (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 accrediting 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 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, United States Code, and for purposes of such review the accrediting entity shall be considered an agency within the meaning 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 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. 42 USC 14923. SEC. 203. STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITA- TION OR APPROVAL. (a) IN GENERAL.— (1) PROMULGATION OF REGULATIONS.—The Secretary, shall, by regulation, prescribe the standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval of persons 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 interest and expertise in international adoptions and family social services, including public and private entities 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 development and issuance of regulations under this section.

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