Page:United States Statutes at Large Volume 114 Part 1.djvu/871

 PUBLIC LAW 106-279—OCT. 6, 2000 114 STAT. 835 force of the Convention and notwithstanding subsection (b), the Secretary may provide, in regulations issued pursuant 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 has provided adoption services in fewer than 50 intercountry adoptions in the preceding calendar year and meets the criteria described in paragraph (3). (3) CRITERIA FOR REGISTRATION. —Agencies registered under this subsection shall meet the following criteria: (A) The agency is licensed in the State in which it is located and is a nonprofit agency. (B) The agency has been providing adoption services in connection with intercountry adoptions for at least 3 years. (C) The agency has demonstrated that it will be able to provide the United States Government with all information related to the elements described in section 104(b) and provides such information. (D) The agency has initiated the process of becoming accredited under the provisions of this Act and is actively taking steps to become an accredited agency. (E) The agency has not been found to be involved in any improper conduct relating to intercountry adoptions. SEC. 204. SECRETARIAL OVERSIGHT OF ACCREDITATION AND 42 USC 14924. APPROVAL. (a) OVERSIGHT OF ACCREDITING ENTITIES. — The Secretary shall— (1) monitor the performance by each accrediting entity of its duties under section 202 and its compliance with the requirements of the Convention, this Act, other applicable laws, and implementing regulations under this Act; and (2) suspend or cancel the designation of an accrediting entity found to be substantially out of compliance with the Convention, this Act, other applicable laws, or implementing regulations under this Act. (b) SUSPENSION OR CANCELLATION OF ACCREDITATION 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 person 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 refused, after consultation with the Secretary, to take appropriate enforcement 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 deficiencies Notification, have been corrected; and (B)(i) in the case of a suspension, terminate the suspension; or

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