42 USC 14924 - Secretarial oversight of accreditation and approval

U.S Code last checked for updates: Nov 22, 2024

§ 14924.

Secretarial oversight of accreditation and approval

(a)

Oversight of accrediting entities

The Secretary shall—

(1)

monitor the performance by each accrediting entity of its duties under section 14922 of this title and its compliance with the requirements of the Convention, this chapter, other applicable laws, and implementing regulations under this chapter; and

(2)

suspend or cancel the designation of an accrediting entity found to be substantially out of compliance with the Convention, this chapter, other applicable laws, or implementing regulations under this chapter.

(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 14922 of this title 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 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 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 subchapter, 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

(3)

Effect of debarment

(d)

Judicial review

(e)

Failure to ensure a full and complete home study

(1)

In general

(2)

Regulations

Regulations promulgated under section 14923 of this title shall provide for—

(A)

frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 14923(b)(A)(ii) 1

 So in original. Probably should be section “14923(b)(1)(A)(ii)”.

of this title; 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 14923(b)(A)(ii) ¹ of this title, unless the accrediting entity has taken appropriate corrective action and the noncompliance has not recurred.

(3)

Repeated failures to comply

(4)

Failure to comply with certain requirements

(Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114 Stat. 835.)

cite as: 42 USC 14924