---
kind: "section"
citation: "42 U.S.C. § 14924"
title: "42"
title_heading: "The Public Health and Welfare"
number: "14924"
heading: "Secretarial oversight of accreditation and approval"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/14924"
units:
  - "Chapter 143 — Intercountry Adoptions"
  - "Subchapter II — Provisions Relating to Accreditation and Approval"
---

# §14924. Secretarial oversight of accreditation and approval

- (a) **Oversight of accrediting entities—** The [Secretary](/usc/42/14902.md?p=16) shall—
  - (1) monitor the performance by each [accrediting entity](/usc/42/14902.md?p=2) of its duties under [section 14922 of this title](/usc/42/14922.md) and its compliance with the requirements of the [Convention](/usc/42/14902.md?p=9), this chapter, other applicable laws, and implementing regulations under this chapter; and
  - (2) suspend or cancel the designation of an [accrediting entity](/usc/42/14902.md?p=2) found to be substantially out of compliance with the [Convention](/usc/42/14902.md?p=9), 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](/usc/42/14902.md?p=16) shall suspend or cancel the accreditation or approval granted by an [accrediting entity](/usc/42/14902.md?p=2) to an [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) pursuant to [section 14922 of this title](/usc/42/14922.md) when the [Secretary](/usc/42/14902.md?p=16) finds that—
    - (A) the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) is substantially out of compliance with applicable requirements; and
    - (B) the [accrediting entity](/usc/42/14902.md?p=2) has failed or refused, after consultation with the [Secretary](/usc/42/14902.md?p=16), to take appropriate enforcement action.
  - (2) **Correction of deficiency—** At any time when the [Secretary](/usc/42/14902.md?p=16) is satisfied that the deficiencies on the basis of which an adverse action is taken under [paragraph (1)](#b-1) have been corrected, the [Secretary](/usc/42/14902.md?p=16) shall—
    - (A) notify the [accrediting entity](/usc/42/14902.md?p=2) 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](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) that the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) may re-apply to the [accrediting entity](/usc/42/14902.md?p=2) for accreditation or approval.
- (c) **Debarment—**
  - (1) **Secretary’s authority—** On the initiative of the [Secretary](/usc/42/14902.md?p=16), or on request of an [accrediting entity](/usc/42/14902.md?p=2), the [Secretary](/usc/42/14902.md?p=16) may temporarily or permanently debar an [agency](/usc/42/14902.md?p=4) from accreditation or a [person](/usc/42/14902.md?p=14) from approval under this subchapter, but only if—
    - (A) there is substantial evidence that the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) 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](/usc/42/14902.md?p=16)’s debarment order shall [state](/usc/42/14902.md?p=17) whether the debarment is temporary or permanent. If the debarment is temporary, the [Secretary](/usc/42/14902.md?p=16) shall specify a date, not earlier than 3 years after the date of the order, on or after which the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) may apply to the [Secretary](/usc/42/14902.md?p=16) for withdrawal of the debarment.
  - (3) **Effect of debarment—** An [accrediting entity](/usc/42/14902.md?p=2) may take into account the circumstances of the debarment of an [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) that has been debarred pursuant to this subsection in considering any subsequent application of the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14), or of any other entity in which the [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) has an ownership or control interest, for accreditation or approval under this subchapter.
- (d) **Judicial review—** A [person](/usc/42/14902.md?p=14) (other than a prospective adoptive parent), an [agency](/usc/42/14902.md?p=4), or an [accrediting entity](/usc/42/14902.md?p=2) who is the subject of a final action of suspension, cancellation, or debarment by the [Secretary](/usc/42/14902.md?p=16) under this subchapter 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](/usc/42/14902.md?p=14) resides or the [agency](/usc/42/14902.md?p=4) or [accrediting entity](/usc/42/14902.md?p=2) is located to set aside the action. The court shall review the action in accordance with [section 706 of title 5](/usc/5/706.md).
- (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 14923(b)(1)(A)(ii) of this title](/usc/42/14923.md?p=b-1-A-ii) shall constitute substantial noncompliance with applicable requirements.
  - (2) **Regulations—** Regulations promulgated under [section 14923 of this title](/usc/42/14923.md) shall provide for—
    - (A) frequent and careful monitoring of compliance by [agencies](/usc/42/14902.md?p=4) and [approved persons](/usc/42/14902.md?p=5) with the requirements of [section 14923(b)(A)(ii)](/usc/42/14923.md)[^1] of this title; and
    - (B) consultation between the [Secretary](/usc/42/14902.md?p=16) and the [accrediting entity](/usc/42/14902.md?p=2) where an [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) has engaged in substantial noncompliance with the requirements of [section 14923(b)(A)(ii)](/usc/42/14923.md)[^1] of this title, unless the [accrediting entity](/usc/42/14902.md?p=2) has taken appropriate corrective action and the noncompliance has not recurred.
  - (3) **Repeated failures to comply—** Repeated serious, willful, or grossly negligent failures to comply with the requirements of [section 14923(b)(1)(A)(ii) of this title](/usc/42/14923.md?p=b-1-A-ii) by an [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) after consultation between [Secretary](/usc/42/14902.md?p=16) and the [accrediting entity](/usc/42/14902.md?p=2) with respect to previous noncompliance by such [agency](/usc/42/14902.md?p=4) or [person](/usc/42/14902.md?p=14) shall constitute a pattern of serious, willful, or grossly negligent failures to comply under [subsection (c)(1)(B)](#c-1-B).
  - (4) **Failure to comply with certain requirements—** A failure to comply with the requirements of [section 14923(b)(1)(A)(ii) of this title](/usc/42/14923.md?p=b-1-A-ii) shall constitute a serious failure to comply under [subsection (c)(1)(B)](#c-1-B) unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of determining the outcome of a decision or proceeding by a court or other competent authority in the United States or the child’s country of origin.

## Footnotes

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

## Source credit

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

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, known as the Intercountry Adoption Act of 2000, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables.

This subchapter, referred to in subsecs. (c)(1), (3) and (d), was in the original “this title”, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.