Notice2022-14104
Memorandum of Agreement Between the U.S. Department of State Bureau of Consular Affairs and Intercountry Adoption Accreditation and Maintenance Entity, Inc
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Published
July 1, 2022
Issuing agencies
State Department
Abstract
The Department of State (the Department) is the lead Federal agency for implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention), the Intercountry Adoption Act of 2000 (IAA), and the Intercountry Adoption Universal Accreditation Act of 2012 (UAA). Among other things, the IAA and UAA give the Secretary of State responsibility, by entering into agreements with one or more qualified entities and designating such entities as accrediting entities, for the accreditation of agencies and approval of persons to provide adoption services in intercountry adoptions. This notice is to inform the public that on June 2, 2022, the Department entered into a renewed agreement with Intercountry Adoption Accreditation and Maintenance Entity, Inc. (IAAME), designating IAAME as an accrediting entity (AE) for five years. The text of the Memorandum of Agreement is included in its entirety at the end of this Notice.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39578-39582]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14104]
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DEPARTMENT OF STATE
[Public Notice 11773]
Memorandum of Agreement Between the U.S. Department of State
Bureau of Consular Affairs and Intercountry Adoption Accreditation and
Maintenance Entity, Inc
ACTION: Notice.
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SUMMARY: The Department of State (the Department) is the lead Federal
agency for implementation of the 1993 Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption (the
Convention), the Intercountry Adoption Act of 2000 (IAA), and the
Intercountry Adoption Universal Accreditation Act of 2012 (UAA). Among
other things, the IAA and UAA give the Secretary of State
responsibility, by entering into agreements with one or more qualified
entities and designating such entities as accrediting entities, for the
accreditation of agencies and approval of persons to provide adoption
services in intercountry adoptions. This notice is to inform the public
that on June 2, 2022, the Department entered into a renewed agreement
with Intercountry Adoption Accreditation and Maintenance Entity, Inc.
(IAAME), designating IAAME as an accrediting entity (AE) for five
years.
The text of the Memorandum of Agreement is included in its entirety
at the end of this Notice.
FOR FURTHER INFORMATION CONTACT: Marisa Light (202) 485-6024,
<a href="/cdn-cgi/l/email-protection#febf9a918e8a979190be8d8a9f8a9bd0999188"><span class="__cf_email__" data-cfemail="c485a0abb4b0adabaa84b7b0a5b0a1eaa3abb2">[email protected]</span></a>. Hearing or speech-impaired persons may use the
Telecommunications Devices for the Deaf (TDD) by contacting the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Department, pursuant to section 202(a)
of the IAA, must enter into an agreement with at least one qualified
entity and designate it as an accrediting entity. Accrediting entities
may be (1) nonprofit private entities with expertise in developing and
administering standards for entities providing child welfare services;
or (2) state adoption licensing bodies that have expertise in
developing and administering standards for entities providing child
welfare services and that accredit only agencies located in that state.
Both nonprofit accrediting entities and state accrediting entities must
meet any other criteria that the Department may by regulation
establish. IAAME is a nonprofit private entity with expertise in
developing and administering standards for entities providing child
welfare services.
The final rule on accreditation of agencies and approval of persons
(22 CFR part 96) was originally published in the Federal Register (71
FR 8064-8066, February 15, 2006) and became effective on March 17,
2006. The final rule establishes the regulatory framework for the
accreditation and approval function and provides the standards that the
designated accrediting entities will follow in accrediting or approving
adoption service providers. Under the UAA, adoption service providers
working with prospective adoptive parents in non-Convention adoption
cases need to comply with the same accreditation requirement and
standards that apply in Convention adoption cases.
Angela M Kerwin,
Deputy Assistant Secretary for Overseas Citizens Services, Bureau of
Consular Affairs (CA/OCS), U.S. Department of State.
MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF STATE BUREAU OF
CONSULAR AFFAIRS AND INTERCOUNTRY ADOPTION ACCREDITATION AND
MAINTENANCE ENTITY, INC.
Parties & Purpose of the Agreement
The Department of State, Bureau of Consular Affairs (Department),
and Intercountry Adoption Accreditation and Maintenance Entity, Inc.
(IAAME), with its principal office located at 5950 NW 1st Place, Suite
300, Gainesville, FL 32607, hereinafter the ``Parties,'' are entering
into this agreement for the purpose of designating Intercountry
Adoption Accreditation and Maintenance Entity, Inc. (IAAME) as an
accrediting entity under the Intercountry Adoption Act of 2000 (IAA),
Public Law 106-279, and 22 CFR part 96.
Authorities
The Department enters into this agreement pursuant to Sections 202
and 204 of the IAA, 22 CFR part 96, and Delegation of Authority 261.
IAAME has full authority to enter into this MOA under the authorization
of IAAME's Board of Directors.
[[Page 39579]]
Definitions
For purposes of this memorandum of agreement, terms used here that
are defined in 22 CFR 96.2 shall have the same meaning as they have in
22 CFR 96.2.
The Parties AGREE AS FOLLOWS:
Article 1
Designation of the Accrediting Entity
The Department hereby designates IAAME as an accrediting entity and
thereby authorizes it to accredit agencies and approve persons to
provide adoption services in intercountry adoption cases, in accordance
with the procedures and standards set forth in 22 CFR part 96, and to
perform all of the accrediting entity functions set forth in 22 CFR
96.7(a).
Article 2
Responsibilities of the Accrediting Entity
(1) IAAME agrees to perform all accrediting entity functions set
forth in 22 CFR 96.7(a) and to perform its functions in accordance with
the Convention, the IAA, the Intercountry Adoption Universal
Accreditation Act of 2012 (UAA), Public Law 112-276, Part 96 of 22 CFR,
and any other applicable regulations, and as additionally specified in
this agreement. In performing these functions, IAAME will operate
consistent with Department of State policies and written directives
regarding U.S. obligations under the Convention and regarding the
functions and responsibilities of an accrediting entity under the IAA,
UAA, and any other applicable regulations.
(2) IAAME agrees to perform such functions described in paragraph
(1) over adoption service providers whose primary office is within its
geographical jurisdiction, as assigned by the Department. Jurisdiction
will be assigned on the basis of the primary office:
a. As reported by the adoption service provider to the accrediting
entity for inclusion in the public adoption service provider directory
as of the date this agreement is signed by both parties; or
b. In the case of adoption service providers not accredited or
approved as of the date this agreement is signed by both parties, the
primary office indicated in the initial application for accreditation
or approval.
Any change of primary office or identification of other primary
office by an adoption service provider after the date of signature of
this agreement will not affect the assignment of jurisdiction.
(3) IAAME will develop and utilize a Department-approved transition
plan to accommodate any necessary transfer of work and records between
designated AEs operating in jurisdictions not assigned to IAAME.
(4) IAAME will take appropriate staffing, funding, and other
measures to allow it to carry out all required accrediting entity
functions and responsibilities, and will use the Adoptions Tracking
System and the Complaint Registry (ATS/CR) as directed by the
Department, including by updating required data fields in a timely
fashion. IAAME is permitted to additionally use an independent data
collection system of its choice consistent with 22 CFR 96.7(a)(7) and
with Department authorization, provided that the use of independent
data collection system does not adversely affect IAAME's submission of
the required data to the Department using ATS and ATS/CR.
(5) In carrying out its accrediting entity functions, IAAME will:
(a) make decisions on accreditation and approval in accordance with
the procedures set forth in 22 CFR part 96 and using only the standards
in subpart F of 22 CFR part 96 and the substantial compliance weighting
system approved by the Department pursuant to paragraph 4, Article 3
below;
(b) charge applicants for accreditation or approval only fees
approved by the Department pursuant to paragraph 3, Article 3 below;
(c) review complaints, including complaints regarding conduct
alleged to have occurred outside the United States, in accordance with
subpart J of 22 CFR part 96 and additional procedures approved by the
Department pursuant to paragraphs 2 (c) and 2 (d) in Article 3, below.
IAAME will exercise its discretion in determining which methods are
most appropriate to review complaints regarding conduct alleged to have
occurred outside the United States, which may, when appropriate,
include referring a complaint or other information relating to possible
civil or criminal violation of IAA section 404 or other possible
criminal activity to the Department and/or other appropriate law
enforcement authorities for potential investigation;
(d) take adverse actions against accredited agencies and approved
persons in accordance with subpart K of 22 CFR part 96, and cooperate
with the Department in any case in which the Department considers
exercising its adverse action authorities because the accrediting
entity has failed or refused after consultation with the Department to
take what the Department considers to be appropriate enforcement
action;
(e) assume full responsibility for defending adverse actions in
court proceedings, if challenged by the adoption service provider or
the adoption service provider's board or officers;
(f) refer an adoption service provider to the Department for
debarment if it concludes after review that the adoption service
provider's conduct meets the standards for action by the Secretary set
out in 22 CFR 96.85;
(g) promptly report changes in the accreditation or approval status
of an adoption service provider to the Department and the relevant
state licensing authority;
(h) maintain and use only the procedures approved by the Department
and those procedures presented to the Department pursuant to Article 3
of this agreement whenever they apply;
(i) consult with the Department, when needed, to solicit greater
clarity regarding the meaning of relevant laws and regulations; and
(j) at the Department's request, share information with the
Department to assist the Department in carrying out its
responsibilities.
Article 3
Training, Procedures, and Fees
(1) Accreditation Materials and Training: In coordination with the
Department and any other designated accrediting entities, IAAME will:
(a) maintain forms, training materials, and evaluation practices;
(b) conduct or assist in conducting or participate in any training
sessions;
(c) develop and maintain resources to assist applicants for
accreditation and approval in understanding the accreditation and
approval process and the steps needed to demonstrate the agency or
person has achieved substantial compliance with the applicable
standards.
(2) Procedures: IAAME will maintain procedures approved by the
Department and update these, subject to the Department's approval, as
needed:
(a) to evaluate whether a candidate for accreditation meets the
applicable eligibility requirements set forth in 22 CFR part 96;
(b) to carry out its monitoring duties;
(c) to review complaints referred to it through the Complaint
Registry or act on information received directly from the Department;
(d) to review complaints that it receives about its own actions as
an accrediting entity for adoption service providers;
[[Page 39580]]
(e) to make public the disclosures required by 22 CFR 96.91;
(f) to ensure the reasonableness of charges for the travel and
maintenance of its site evaluators, such as for travel, meals, and
accommodations, which charges shall be in addition to the fees charged
under 22 CFR 96.8; and
(g) to implement and terminate adverse actions.
(3) Fee Schedule:
(a) IAAME will maintain a fee schedule for accreditation and
approval services that meets the requirements of 22 CFR 96, and update
these, subject to approval by the Department. Fees will be set based on
the principle of recovering no more than the full cost, as defined in
OMB Circular A-25 paragraph 6(d)(1), of accreditation and approval
services. IAAME will maintain a fee schedule developed using this
methodology together with comprehensive documentation, and will provide
justification of the proposed fees to the Department for the
Department's approval.
(b) The approved fee schedule can be amended with the approval of
the Department.
(4) Substantial Compliance Weighting Systems:
(a) IAAME will maintain and update a substantial compliance
weighting system as described in 22 CFR 96 and as approved by the
Department.
(b) In maintaining the systems described in paragraph (a) of this
section, IAAME will coordinate with any other accrediting entities, and
consult with the Department to ensure consistency between the systems
used by accrediting entities. These systems can be amended with the
approval of the Department.
Article 4
Data Collection, Reporting and Records
(1) Adoptions Tracking System/Complaint Registry (ATS/CR):
(a) IAAME will maintain and fund a computer and internet connection
for use with the ATS/CR that meets system requirements set by the
Department;
(b) The Department will provide software or access tokens needed by
individuals for secure access to the ATS/CR and facilitate any
necessary training for use of the ATS/CR.
(2) Annual Report: IAAME will report on dates agreed upon by the
Parties, in a mutually agreed upon format, the information required in
22 CFR 96.93 as provided in that section through ATS/CR.
(3) Additional Reporting: IAAME will provide any additional status
reports or data as required by the Department, and in a mutually agreed
upon format.
(4) Accrediting Entity Records: IAAME will retain all records
related to its accreditation functions and responsibilities in printed
or electronic form in accordance with the electronic recordkeeping
policy that applies to Federal acquisition contracts under Federal
Acquisition Regulation 4.703 for a minimum of 3 years after the
termination of IAAME's designation as an accrediting entity, or until
any litigation, claim, or audit related to the records filed or noticed
within its period of designation is finally terminated, whichever is
later. IAAME will be responsible for providing access to and
transferring records necessary for another accrediting entity to
perform its responsibilities and exercise jurisdiction over adoption
service providers previously under the jurisdiction of IAAME.
Article 5
Department Oversight and Monitoring
(1) To facilitate oversight and monitoring by the Department, IAAME
will:
(a) provide copies of its forms and other materials to the
Department and give Department personnel the opportunity to observe any
training sessions;
(b) allow the Department to inspect all records relating to its
accreditation functions and responsibilities and provide to the
Department copies of such records as requested or required for
oversight, including to evaluate renewal or maintenance of the
accrediting entity's designation, and for purposes of transferring
adoption service providers to another accrediting entity;
(c) submit to the Department by a date agreed upon by the Parties
an annual declaration signed by the President and Chief Executive
Officer confirming that IAAME is complying with the IAA, UAA, 22 CFR
part 96, any other applicable regulations, and this agreement in
carrying out its functions and responsibilities;
(d) make appropriate senior-level officers available to attend any
meetings with the Department upon request;
(e) immediately report to the Department events that have a
significant impact on its ability to perform its functions and
responsibilities as an accrediting entity, including financial
difficulties, changes in key personnel or other staffing issues, legal
or disciplinary actions against the organization, and conflicts of
interest;
(f) notify the Department of any requests for information relating
to its role as an accrediting entity under the IAA and UAA or
Department functions or responsibilities that it receives from Central
Authorities of other countries that are party to the Convention, or any
other competent authority (except for routine requests concerning
accreditation, or approval status or other information publicly
available under subpart M of Part 96), and consult with the Department
before releasing such information;
(g) consult immediately with the Department about any issue or
event that may affect compliance with the IAA, UAA, or U.S. compliance
with obligations under the Convention.
(2) Departmental Approval Procedures: In all instances in which the
Department must approve a policy, system, fee schedule, or procedure
before IAAME can bring it into effect or amend it, IAAME will submit
the policy, system, fee schedule, or procedure or amendment in writing
to the Department via email. Formal approval by the Department will be
conveyed in writing by the Deputy Assistant Secretary for Overseas
Citizens Services or her or his designee.
(3) Suspension or Cancellation: When the Department is considering
suspension or cancellation of IAAME's designation:
(a) the Department will notify IAAME in writing of the identified
deficiencies in its performance and the time period in which the
Department expects correction of the deficiencies;
(b) IAAME will respond in writing to either explain the actions
that it has taken or plans to take to correct the deficiencies or to
demonstrate that the Department's concerns are unwarranted within 10
business days or by another date mutually agreed upon by the Department
and IAAME;
(c) upon request, the Department also will meet with the
accrediting entity virtually or in person;
d) if the Department, in its sole discretion, is not satisfied with
the actions or explanation of IAAME, it will notify IAAME in writing of
its decision to suspend or cancel IAAME's designation and this
agreement;
(e) IAAME will stop or suspend its actions as an accrediting entity
as directed by the Department in the notice of suspension or
cancellation, and cooperate with any Departmental instructions in order
to transfer adoption service providers it accredits or approves to
another accrediting entity, including by transferring fees collected by
IAAME for services not yet performed.
(4) IAAME will follow its Department-approved procedures for
reviewing complaints against IAAME received by
[[Page 39581]]
the Department or referred to the Department because the complainant
was not satisfied with IAAME's resolution of the complaint. These
complaint procedures may be incorporated into the Department's general
procedures for handling instances in which the Department is
considering whether a deficiency in the accrediting entity's
performance may warrant suspension or cancellation of its designation.
Article 6
Other Issues Agreed By the Parties
(1) Conflict of Interest Provisions:
(a) IAAME shall disclose to the Department the name of any
organization of which it is a member that also has as members
intercountry adoption service providers. IAAME shall demonstrate to the
Department that it has procedures in place to prevent any such
membership from influencing its actions as an accrediting entity and
shall maintain and use these procedures.
(b) IAAME shall identify for the Department all members of its
board of directors or other governing body, employees, attorneys, and
consultants who have a professional or personal affiliation with any
adoption service providers, or of membership organizations who have
adoption service providers as members, or who represent adoption
service providers, or who provide legal advice or services in
intercountry adoption. IAAME shall demonstrate it has procedures in
place to ensure that any such relationships will not influence any
accreditation or approval decisions, and shall maintain and use these
procedures.
(c) IAAME shall disclose to the Department any other situation or
circumstance that may create the appearance of a conflict of interest.
(2) Liability: IAAME agrees to maintain sufficient resources to
defend challenges to its actions as an accrediting entity, including by
maintaining liability insurance for its actions as an accrediting
entity brought by agencies and/or persons seeking to be accredited or
approved or who are accredited or approved, and to inform the
Department immediately of any events that may affect its ability to
defend itself (e.g., change in or loss of insurance coverage, change in
relevant state law). IAAME agrees that it will consult with the
Department immediately if it becomes aware of any other legal
proceedings related to its acts as an accrediting entity, or of any
legal proceedings not related to its acts as an accrediting entity that
may threaten its ability to continue to function as an accrediting
entity.
(3) Privacy and Data Protection: IAAME agrees to take appropriate
steps to ensure that all documents and information it receives about
adoption service providers are safeguarded against unauthorized
disclosure consistent with 22 CFR 96.26 (a). IAAME shall maintain
internal policies and procedures designed to ensure the integrity and
security of the data collected, handled, or stored in connection with
its functions as an accrediting entity. IAAME agrees not to share or
disclose any non-public information, including Department of State visa
records protected under section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)), shared with it by the Department,
without prior authorization from the Department. IAAME agrees to
promptly notify the Department in any cases where it knows or believes
that an unauthorized disclosure has taken place.
Article 7
Liaison Between the Department and the Accrediting Entity
(1) IAAME's principal point of contact for communications relating
to its functions and duties as an accrediting entity will be the
Executive Director, or his or her designate. The Department's principal
point of contact for communication is the Chief of the Adoptions
Oversight Division, or his or her designate.
(2) The parties will keep each other currently informed in writing
of the names and contact information for their principal points of
contact. As of the signing of this Agreement, the respective principal
points of contact are as set forth in Attachment 1.
(3) IAAME acknowledges that information shared with the Department
is subject to disclosure as required by U.S. law and regulations, to
the extent that such information appears within an agency record as
defined by 5 U.S.C. 552, et seq, is subject to the Freedom of
Information Act (FOIA). IAAME may not withhold required information
from the Department for the purpose of avoiding potential public
disclosure pursuant to FOIA.
Article 8
Certifications and Assurances
(1) IAAME certifies that it will comply with all requirements of
applicable State and Federal law.
Article 9
Agreement, Scope, and Period of Performance
(1) Scope:
(a) This agreement is not intended to have any effect on any
activities of IAAME that are not related to its functions as an
accrediting entity for adoption service providers providing adoption
services in intercountry adoptions.
(b) Nothing in this agreement shall be deemed to be a commitment or
obligation to provide any Federal funds.
(c) All accrediting entity functions and responsibilities
authorized by this agreement are to occur only during the duration of
this agreement.
(d) Nothing in this agreement shall release IAAME from any legal
requirements or responsibilities imposed on the accrediting entity by
the IAA, UAA, 22 CFR part 96, or any other applicable laws or
regulations.
(2) Continuation of responsibilities: IAAME's responsibilities
under this agreement will continue subject to determination by the
Department of jurisdictional boundaries between IAAME and any other
designated accrediting entity.
(3) Duration: IAAME's designation as an accrediting entity and this
agreement shall remain in effect for five years from signature, unless
terminated earlier by the Department in conjunction with the suspension
or cancellation of the designation of IAAME. The Parties may agree
mutually in writing to extend the designation of the accrediting entity
and the duration of this agreement. If either Party does not wish to
renew the agreement, it must provide written notice no less than one
year prior to the termination date, and the Parties will consult to
establish a mutually agreed schedule to transfer adoption service
providers to another accrediting entity, including by transferring a
reasonable allocation of collected fees for the remainder of the
accreditation or approval period of such adoption service providers.
(4) Changed Circumstances: If unforeseen circumstances arise that
will render IAAME unable to continue to perform its duties as an
Accrediting Entity, IAAME will immediately inform the Department of
State. The Parties will consult and make reasonable efforts to find a
solution that will enable IAAME to continue to perform until the end of
the contract period. If no such solution can be reached, the contract
may be terminated on a mutually agreed date or, if mutual agreement
cannot be reached, on not less than 14 months written notice from
IAAME.
[[Page 39582]]
(5) Severability: To the extent that the Department determines,
within its reasonable discretion, that any provision of this agreement
is inconsistent with the Convention, the IAA, the UAA, the regulations
implementing the IAA and UAA, or any other provision of law, that
provision of the agreement shall be considered null and void and the
remainder of the agreement shall continue in full force and effect as
if the offending portion had not been a part of it.
(6) Entirety of Agreement: This agreement is the entire agreement
of the Parties and may be modified only upon written agreement of the
Parties.
Dated: May 27, 2022,
Rena Bitter,
Assistant Secretary for Consular Affairs, U.S. Department of State
Dated: June 2, 2022,
Stephen Pennypacker,
President and Chief Executive Officer Intercountry Adoption
Accreditation and Maintenance, Inc.
[FR Doc. 2022-14104 Filed 6-30-22; 8:45 am]
BILLING CODE 4710-06-P
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