Page:United States Statutes at Large Volume 114 Part 1.djvu/872

 114 STAT. 836 PUBLIC LAW 106-279—OCT. 6, 2000 (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 accreditation or approval. (c) DEBARMENT.— (1) SECRETARY'S AUTHORITY. — On the initiative of the Secretary, or on request of an accrediting entity, 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 applicable requirements; and (B) there has been a pattern of serious, willful, 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 families concerned. (2) PERIOD OF DEBARMENT. — The Secretary's debarment order shall state whether the debarment is temporary or permanent. If the debarment is temporary, 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 Secretary 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. (d) JUDICIAL REVIEW. —A person (other than a prospective adoptive parent), an agency, or an accrediting entity who is the subject of a final action of suspension, cancellation, or debarment by the Secretary under this title may petition the United States District Court for the District of Columbia or the United States district court in the judicial district in which the person resides or the agency or accrediting entity is located to set aside the action. The court shall review the action in accordance with section 706 of title 5, United States Code. (e) FAILURE TO ENSURE A FULL AND COMPLETE HOME STUDY.— (1) IN GENERAL. —Willful, grossly negligent, or repeated failure to ensure the completion and transmission of a background report (home study) that fully complies with the requirements of section 203(b)(l)(A)(ii) shall constitute substantial noncompliance with applicable requirements. (2) REGULATIONS.—Regulations promulgated under section 203 shall provide for— (A) frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 203(b)(A)(ii); and (B) consultation between the Secretary and the accrediting entity where an agency or person has engaged in substantial noncompliance with the requirements of section 203(b)(A)(ii), unless the accrediting entity has taken appropriate corrective action and the noncompliance has not recurred.

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