Adoptions: Regulatory Change To Clarify the Application of the Accreditation Requirement and Standards in Cases Covered by the Intercountry Adoption Universal Accreditation Act, 40629-40636 [2014-16294]
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations
PART 20—GUIDES FOR THE REBUILT,
RECONDITIONED, AND OTHER USED
AUTOMOBILE PARTS INDUSTRY
Sec.
20.0
20.1
20.2
Scope and purpose of the guides.
Deception generally.
Deception as to identity of a rebuilder,
remanufacturer, reconditioner, reliner, or
other reworker.
20.3 Misrepresentation of the terms
‘‘rebuilt,’’ ‘‘factory rebuilt,’’
‘‘remanufactured,’’ etc.
Authority: 15 U.S.C. 41–58.
§ 20.0
Scope and purpose of the guides.
(a) The Guides in this part apply to
the manufacture, sale, distribution,
marketing and advertising (including
advertising in electronic format, such as
on the Internet) of parts that are not
new, and assemblies containing such
parts, that were designed for use in
automobiles, trucks, motorcycles,
tractors, or similar self-propelled
vehicles, regardless of whether such
parts or assemblies have been cleaned,
repaired, reconstructed, or reworked in
any other way (industry product or
product). Industry products include, but
are not limited to, airbags, alternators
and generators, anti-lock brake systems,
brake cylinders, carburetors, catalytic
converters, differentials, engines, fuel
injectors, hybrid drive systems and
hybrid batteries, navigation and audio
systems, power steering pumps, power
window motors, rack and pinion units,
starters, steering gears, superchargers
and turbochargers, tires, transmissions
and transaxles, and water pumps.
(b) These guides set forth the Federal
Trade Commission’s current views
about the manufacture, sale,
distribution, and advertising of industry
products. The guides help businesses
avoid making claims that are unfair or
deceptive under Section 5 of the FTC
Act, 15 U.S.C. 45. They do not confer
any rights on any person and do not
operate to bind the FTC or the public.
The Commission, however, can take
action under the FTC Act if a business
makes a claim inconsistent with the
guides. In any such enforcement action,
the Commission must prove that the
challenged act or practice is unfair or
deceptive in violation of Section 5 of the
FTC Act.
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§ 20.1
Deception generally.
(a) It is unfair or deceptive to
represent, directly or by implication,
that any industry product is new or
unused when such is not the fact, or to
misrepresent the current condition, or
extent of previous use, reconstruction,
or repair of any industry product.
(b) It is unfair or deceptive to offer for
sale or sell any industry product
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without disclosing, clearly and
conspicuously, in advertising, in
promotional literature, on invoices, and
on the product’s packaging that the item
is an industry product. Additionally, it
is unfair or deceptive to offer for sale or
to sell any industry product that appears
new or unused without disclosing on
the product itself that it is an industry
product, using appropriate descriptive
terms with sufficient permanency to
remain visible for a reasonable time
after installation. Examples of
appropriate descriptive terms include,
but are not limited to ‘‘Used,’’
‘‘Secondhand,’’ ‘‘Repaired,’’ ‘‘Relined,’’
‘‘Reconditioned,’’ ‘‘Rebuilt,’’ or
‘‘Remanufactured.’’ If the term
‘‘recycled’’ is used, it should be used in
a manner consistent with the
requirements for that term set forth in
the Guides for the Use of Environmental
Marketing Claims, 16 CFR 260.7(e). On
invoices to the trade only, the disclosure
may be by use of any number, mark, or
other symbol that is clearly understood
by industry members as meaning that
the part so marked on the invoices is not
new.
(c) It is unfair or deceptive to place
any means or instrumentality in the
hands of others so that they may
mislead consumers as to the previous
use of industry products.
§ 20.2 Deception as to the identity of a
rebuilder, remanufacturer, reconditioner,
reliner, or other reworker.
(a) It is unfair or deceptive to
misrepresent the identity of the
rebuilder, remanufacturer,
reconditioner, reliner or other reworker
of an industry product.
(b) If the identity of the original
manufacturer of an industry product, or
the identity of the manufacturer for
which the product was originally made,
is revealed and the product was rebuilt,
remanufactured, reconditioned, relined,
or otherwise reworked by someone else,
it is unfair or deceptive to fail to
disclose such fact wherever the original
manufacturer is identified in advertising
or promotional literature concerning the
industry product, on the container in
which the product is packed, and on the
product itself, in close conjunction
with, and of the same permanency and
conspicuousness as, the disclosure that
the product is not new. Examples of
such disclosures include:
(1) Disclosure of the identity of the
rebuilder: ‘‘Rebuilt by John Doe Co.’’
(2) Disclosure that the industry
product was rebuilt by an independent
rebuilder: ‘‘Rebuilt by an Independent
Rebuilder.’’
(3) Disclosure that the industry
product was rebuilt by someone other
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40629
than the manufacturer identified:
‘‘Rebuilt by other than XYZ Motors.’’
(4) Disclosure that the industry
product was rebuilt for the identified
manufacturer: ‘‘Rebuilt for XYZ
Motors.’’
§ 20.3 Misrepresentation of the terms
‘‘rebuilt,’’ ‘‘factory rebuilt,’’
‘‘remanufactured,’’ etc.
(a) It is unfair or deceptive to use the
word ‘‘Rebuilt,’’ or any word of similar
import, to describe an industry product
which, since it was last subjected to any
use, has not been dismantled and
reconstructed as necessary, all of its
internal and external parts cleaned and
made rust and corrosion free, all
impaired, defective or substantially
worn parts restored to a sound
condition or replaced with new, rebuilt
(in accord with the provisions of this
paragraph) or unimpaired used parts, all
missing parts replaced with new, rebuilt
or unimpaired used parts, and such
rewinding or machining and other
operations performed as are necessary to
put the industry product in sound
working condition.
(b) It is unfair or deceptive to
represent an industry product as
‘‘Remanufactured’’ or ‘‘Factory Rebuilt’’
unless the product was rebuilt as
described in paragraph (a) of this
section at a factory generally engaged in
the rebuilding of such products.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014–16339 Filed 7–11–14; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF STATE
22 CFR Part 96
[Public Notice 8792]
RIN 1400–AD45
Adoptions: Regulatory Change To
Clarify the Application of the
Accreditation Requirement and
Standards in Cases Covered by the
Intercountry Adoption Universal
Accreditation Act
Department of State.
Interim final rule; request for
comments.
AGENCY:
ACTION:
This rule amends the
Department of State (Department) rule
on the accreditation and approval of
adoption service providers in
intercountry adoptions. The revisions
reflect the requirement of the
Intercountry Adoption Universal
Accreditation Act of 2012 (UAA) that
SUMMARY:
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the accreditation standards developed
in accordance with the 1993 Hague
Convention on Protection of Children
and Co-operation in Respect of
Intercountry Adoption (Convention) and
the Intercountry Adoption Act of 2000
(IAA), which previously only applied in
Convention adoption cases, apply also
in non-Convention adoption cases. Nonconvention adoption cases are known as
‘‘orphan’’ cases, defined in the
Immigration and Nationality Act (INA).
This rule also revises the accreditation
rule by referring to the Department of
Homeland Security (DHS) Convention
home study regulation and deleting
obsolete references, such as any
reference to temporary accreditation.
DATES: The effective date of this interim
final rule is July 14, 2014. The
Department will accept comments on
the proposed regulation up to
September 12, 2014.
ADDRESSES:
• Internet: You may view this interim
final rule and submit your comments by
visiting the Regulations.gov Web site at
www.regulations.gov, and searching for
docket number DOS–2014–0015.
• Mail or Delivery: You may send
your paper, disk, or CD–ROM
submissions to the following address:
Comments on Proposed Rule 22 CFR
Part 96, Office of Legal Affairs, Overseas
Citizen Services, U.S. Department of
State, CA/OCS/L, SA–17, Floor 10,
Washington, DC 20522–1710.
• All comments should include the
commenter’s name and the organization
the commenter represents (if
applicable). If the Department is unable
to read your comment for any reason,
the Department might not be able to
consider your comment. Please be
advised that all comments will be
considered public comments and might
be viewed by other commenters;
therefore, do not include any
information you would not wish to be
made public. After the conclusion of the
comment period, the Department will
publish a final rule (in which it will
address relevant comments) as
expeditiously as possible.
FOR FURTHER INFORMATION CONTACT:
Office of Legal Affairs, Overseas Citizen
Services, U.S. Department of State, CA/
OCS/L, SA–17, Floor 10, Washington,
DC 20522–1710; (202) 485–6079.
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating
this rule?
This rule clarifies that under the
Intercountry Adoption Universal
Accreditation Act of 2012 (UAA), signed
into law January 14, 2013, and effective
July 14, 2014, the accreditation
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requirement and standards found in 22
CFR part 96 apply to any person
(including non-profit agencies, for-profit
agencies and individuals but excluding
government agencies and tribal
authorities), providing adoption services
on behalf of prospective adoptive
parents in an ‘‘orphan’’ intercountry
adoption case described under section
101(b)(1)(F) of the Immigration and
Nationality Act. Specifically, under
Section 2 of the UAA ‘‘[t]he provisions
of title II and section 404 of the
Intercountry Adoption Act of 2000 (42
U.S.C. 14901 et seq.), and related
implementing regulations, shall apply to
any person offering or providing
adoption services in connection with a
child described in section 101(b)(1)(F)
of the Immigration and Nationality Act
(8 U.S.C. 1101(b)(1)(F)), to the same
extent as they apply to the offering or
provision of adoption services in
connection with a Convention
adoption.’’
Title II of the Intercountry Adoption
Act of 2000 (IAA) (Public Law 106–279)
requires that any person providing
adoption services in a Convention case
be an accredited, approved, or an
exempted adoption service provider,
and section 404 imposes civil and
criminal penalties for violations of the
Act. On February 15, 2006 the
Department of State published
implementing regulations at 71 FR 8064,
on the accreditation and approval of
agencies and persons in accordance
with the Convention and the IAA. The
UAA extends that rule from Convention
cases to ‘‘orphan’’ cases. This regulatory
change includes a number of technical
edits to facilitate interpretation of the
regulatory requirements and clarify
designated accrediting entities’
authority under the UAA and the IAA.
The Department is amending the
regulation to make 22 CFR part 96, as
affected by the UAA, easier to read. This
rule will aid the accrediting entity
applying the standards and adoption
service providers required to comply
with the standards. In particular, this
rule adds references to the UAA where
the IAA is referenced; adds a sentence
concerning the UAA effective date;
redefines ‘‘Central Authority’’ to include
competent authorities, thereby
clarifying how the term applies in
countries that are not party to the
Convention; redefines adoption records
to include non-Convention case records
and changes Section 96.25(b)
concerning accrediting entity access to
non-Convention records in cases subject
to the UAA; defines the terms INA, IAA,
and intercountry adoption; refers to
‘‘accreditation and approval’’ instead of
to ‘‘Convention accreditation and
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approval;’’ revises Section 96.46(a)(4) to
clarify that foreign supervised providers
in non-Convention countries may not
have a pattern of licensing suspensions
relating to key Convention principles;
and revises references to ‘‘Convention
adoption,’’ ‘‘cases subject to the
Convention,’’ ‘‘Convention case,’’
‘‘Convention country,’’ and
‘‘Convention-related activity’’ to ensure
that such references include nonConvention adoptions, activities,
countries, and cases under the UAA.
Additionally, this rule corrects the
references in 22 CFR 96.37(f)(2), and
96.47(a)(4) and (b), to refer to the correct
Department of Homeland Security
(DHS) definition of home study preparer
and home study requirements. When
the original rule was issued in 2006,
DHS had not yet published its final rule
concerning home studies in Convention
cases. Thus, the 2006 State Department
rule referred to the ‘‘orphan’’ home
study requirements under 8 CFR
204.3(b) and (e), instead of the
Convention home study requirements
found in 8 CFR 204.301 and 311. This
rule references the correct DHS
regulation. The change clarifies that the
home study must be prepared by an
accredited agency, approved person,
exempted provider, or a supervised
provider. In addition, when the home
study is not performed in the first
instance by an accredited agency, then
an accredited agency must review and
approve it. The orphan and Convention
home study requirements also differ
concerning the required elements,
applicable definitions, and the duty to
disclose. The Department anticipates
that DHS will publish specific guidance
on how the Convention home study
requirements will apply in orphan
cases.
Finally, the rule amends 22 CFR Part
96 to delete obsolete provisions,
including any references to temporary
accreditation, deleting subpart N in its
entirety. Under the IAA, temporary
accreditation was only possible for a
one- or two-year period following the
entry into force of the Convention.
Because the Convention entered into
force for the United States on April 1,
2008, more than two years ago,
temporary accreditation is no longer
possible. The rule also deletes the
section on ‘‘special provisions for
agencies and persons seeking to be
accredited or approved as of the time
the Convention enters into force for the
United States’’ and a reference to that
section. Further, the rule revises
requirements concerning ‘‘notification
of accreditation and approval decisions’’
and ‘‘length of accreditation or approval
period,’’ deleting provisions that
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applied only during the transitional
period to the Convention entering into
force and clarifying that for purposes of
the notification requirement the phrase
‘‘accreditation or approval decisions’’
refers to whether an application is
granted or denied.
Cases that are grandfathered under
Section 2(c) of the UAA are not affected
by this rule. See the Department’s
adoption Web site and the DHS/USCIS
Web site for information on this
grandfathering provision.
The Department invites comment on
the edits to 22 CFR Part 96 described
above.
Small Business Regulatory Enforcement
Fairness Act of 1996
Regulatory Analysis
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121). This rule will
not result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign-based companies in domestic
and import markets.
Administrative Procedure Act
Executive Order 12866
The Department is publishing this
rule as an interim final rule based on its
determination for good cause that
delaying the effect of this rule during
the period of public comment would be
impractical, unnecessary and contrary
to public interest under Section 553 of
the Administrative Procedure Act
(APA), 5 U.S.C. 553(b)(3)(B). Publishing
the revision now will allow the rule to
be in effect on the date the UAA goes
into effect. This will aid the accrediting
entity in its accreditation and oversight
function and avoid confusion among
adoption service providers and other
members of the public about how the
accreditation standards apply in
‘‘orphan’’ intercountry adoption cases.
The Department will accept
comments from the public for 60 days
after publication.
The Department of State has reviewed
this proposed rule to ensure its
consistency with the regulatory
philosophy and principles set forth in
Executive Order 12866, and has
determined that the benefits of this final
regulation justify its costs. The
Department does not consider this
rulemaking to be an economically
significant action within the scope of
section 3(f)(1) of the Executive Order.
The rule does not add any new legal
requirements to Part 96 but reflects the
changes affected by the UAA to apply
these accreditation standards in orphan
cases. The UAA and this rule benefit
prospective adoptive parents, children,
and birth families involved in the
intercountry adoption process by
ensuring that adoption service providers
providing services in orphan cases are
subject to the same accreditation
standards and ongoing oversight and
monitoring that apply in Convention
cases.
Concerning the cost of the UAA, the
Report from the Congressional Budget
Office (CBO) on October 17, 2012, notes
that the UAA imposes ‘‘a private sector
mandate by requiring all providers of
placement services for intercountry
adoptions to be compliant with the
accreditation standards of the Hague
Convention.’’ The report notes, further,
that ‘‘[t]he initial fees for obtaining
accreditation can range between $10,000
and $16,000 depending on the size and
annual revenue of the entity seeking
accreditation. Annual fees to maintain
accreditation are less than $1,000 on
average, but are also subject to change
based on the revenue of the entity. The
cost of liability insurance for adoption
agencies varies from state to state and
can range between $10,000 and $50,000
per year.’’ Overall, CBO concluded:
‘‘Based on information gathered from
industry professionals, the Department
of Health and Human Services, and an
Regulatory Flexibility Act/Executive
Order 13272: Small Business
Consistent with section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)), the Department certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. The rule
clarifies the requirements imposed by
the UAA and IAA on adoption service
providers providing services in
‘‘orphan’’ intercountry adoption cases
described under section 101(b)(1)(F).
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Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, 109 Stat. 48, codified at 2 U.S.C.
1532) generally requires agencies to
prepare a statement before proposing
any rule that may result in an annual
expenditure of $100 million or more by
State, local, or tribal governments, or by
the private sector. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments or the private sector.
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accreditation agency, the number of
entities that would be affected is
relatively small. Therefore, CBO
estimates that the aggregate cost of the
mandate to the private sector would fall
below the annual threshold established
in UMRA ($146 million in 2012,
adjusted annually for inflation).’’
The Council on Accreditation (COA),
the accrediting entity designated by the
Department, reports that approximately
forty new agencies have applied for
accreditation since the UAA became law
in January of 2013. This number is
much fewer than COA had anticipated.
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor will the rule
have federalism implications warranting
the application of Executive Orders
12372 and No. 13132.
Executive Order 12988: Civil Justice
Reform
The Department has reviewed the
regulations in light of Executive Order
No. 12988 to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13563: Improving
Regulation and Regulatory Review
The Department has considered this
rule in light of Executive Order 13563,
dated January 18, 2011, and affirms that
this regulation is consistent with the
guidance therein.
Paperwork Reduction Act
This rule does not impose information
collection requirements subject to the
provisions of the Paperwork Reduction
Act, 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 96
Adoption, child welfare, children
immigration, foreign persons.
For the reasons stated in the
preamble, the Department of State
amends 22 CFR part 96 as follows:
PART 96—INTERCOUNTRY ADOPTION
ACCREDITATION OF AGENCIES AND
APPROVAL OF PERSONS
1. Revise the authority citation for part
96 to read as follows:
■
Authority: The Convention on Protection
of Children and Co-operation in Respect of
Intercountry Adoption (done at the Hague,
May 29, 1993), S. Treaty Doc. 105–51 (1998),
1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
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The Intercountry Adoption Act of 2000, 42
U.S.C. 14901–14954; The Intercountry
Adoption Universal Accreditation Act of
2012, Pub. L. 112–276, 42 U.S.C. 14925.
2. Revise the heading for part 96 to
read as set forth above.
■ 3. Revise § 96.1 to read as follows:
■
§ 96.1
Purpose.
This part provides for the
accreditation and approval of agencies
and persons pursuant to the
Intercountry Adoption Act of 2000 (42
U.S.C. 14901–14954, Pub. L. 106–279,)
and the Intercountry Adoption
Universal Accreditation Act of 2012 (42
U.S.C. 14925, Pub. L. 112–276). Subpart
B of this part establishes the procedures
for the selection and designation of
accrediting entities to perform the
accreditation and approval functions.
Subparts C through H establish the
general procedures and standards for
accreditation and approval of agencies
and persons (including renewal of
accreditation or approval). Subparts I
through M address the oversight of
accredited or approved agencies and
persons.
■ 4. Amend § 96.2 as follows:
■ a. Revise the definitions ‘‘Accredited
agency’’, ‘‘Accrediting entity’’,
‘‘Adoption record’’, ‘‘Approved home
study’’, ‘‘Approved person’’, ‘‘Central
Authority’’;
■ b. Remove the definition of ‘‘Central
Authority function’’;
■ c. Revise the definitions of ‘‘Child
welfare services’’ and ‘‘Exempted
provider’’;
■ d. Add the definitions of ‘‘INA’’ and
‘‘Intercountry adoption,’’
■ e. Revise the definitions of ‘‘Legal
services’’, ‘‘Post-adoption’’, ‘‘Primary
provider’’, ‘‘Public foreign authority’’,
‘‘Secretary’’, and ‘‘Supervised
provider’’;
■ f. Remove the definition of
‘‘Temporarily accredited agency’’; and
■ g. Add the definition of ‘‘UAA’’.
The revisions and additions read as
follows:
§ 96.2
Definitions.
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*
*
*
*
*
Accredited agency means an agency
that has been accredited by an
accrediting entity, in accordance with
the standards in subpart F of this part,
to provide adoption services in the
United States in intercountry adoption
cases.
Accrediting entity means an entity
that has been designated by the
Secretary to accredit agencies and/or to
approve persons for purposes of
providing adoption services in the
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United States in intercountry adoption
cases.
*
*
*
*
*
Adoption record means any record,
information, or item related to a specific
intercountry adoption of a child
received or maintained by an agency,
person, or public domestic authority,
including, but not limited to,
photographs, videos, correspondence,
personal effects, medical and social
information, and any other information
about the child.
*
*
*
*
*
Approved home study means a review
of the home environment of the child’s
prospective adoptive parent(s) that has
been:
(1) Completed by an accredited
agency; or
(2) Approved by an accredited agency.
Approved person means a person that
has been approved, in accordance with
the standards in subpart F of this part,
by an accrediting entity to provide
adoption services in the United States in
intercountry adoption cases.
*
*
*
*
*
Central Authority means the entity
designated as such under Article 6(1) of
the Convention by any Convention
country, or, in the case of the United
States, the United States Department of
State. In countries that are not
Convention countries, Central Authority
means the relevant ‘‘competent
authority’’ as defined in this section.
*
*
*
*
*
Child welfare services means services,
other than those defined as ‘‘adoption
services’’ in this section, that are
designed to promote and protect the
well-being of a family or child. Such
services include, but are not limited to,
recruiting and identifying adoptive
parent(s) in cases of disruption (but not
assuming custody of the child),
arranging or providing temporary foster
care for a child in connection with an
intercountry adoption or providing
educational, social, cultural, medical,
psychological assessment, mental
health, or other health-related services
for a child or family in an intercountry
adoption case.
*
*
*
*
*
Exempted provider means a social
work professional or organization that
performs a home study on prospective
adoptive parent(s) or a child background
study (or both) in the United States in
connection with an intercountry
adoption (including any reports or
updates), but that is not currently
providing and has not previously
provided any other adoption service in
the case.
*
*
*
*
*
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INA means the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.),
as amended.
Intercountry adoption means a
Convention adoption or the adoption of
a child described in INA section
101(b)(1)(F).
*
*
*
*
*
Legal services means services, other
than those defined in this section as
‘‘adoption services,’’ that relate to the
provision of legal advice and
information and to the drafting of legal
instruments. Such services include, but
are not limited to, drawing up contracts,
powers of attorney, and other legal
instruments; providing advice and
counsel to adoptive parent(s) on
completing DHS or Central Authority
forms; and providing advice and
counsel to accredited agencies,
approved persons, or prospective
adoptive parent(s) on how to comply
with the Convention, the IAA, the UAA,
and the regulations implementing the
IAA or UAA.
*
*
*
*
*
Post-adoption means after an
adoption; in cases in which an adoption
occurs in a foreign country and is
followed by a re-adoption in the United
States, it means after the adoption in the
foreign country.
*
*
*
*
*
Primary provider means the
accredited agency or approved person
that is identified pursuant to § 96.14 as
responsible for ensuring that all six
adoption services are provided and for
supervising and being responsible for
supervised providers where used.
*
*
*
*
*
Public foreign authority means an
authority operated by a national or
subnational government of a foreign
country.
Secretary means the Secretary of
State, the Assistant Secretary of State for
Consular Affairs, or any other
Department of State official exercising
the Secretary of State’s authority under
the Convention, the IAA, the UAA, or
any regulations implementing the IAA
or UAA, pursuant to a delegation of
authority.
*
*
*
*
*
Supervised provider means any
agency, person, or other nongovernmental entity, including any
foreign entity, regardless of whether it is
called a facilitator, agent, attorney, or by
any other name, that is providing one or
more adoption services in an
intercountry adoption case under the
supervision and responsibility of an
accredited agency or approved person
that is acting as the primary provider in
the case.
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UAA means the Intercountry
Adoption Universal Accreditation Act
of 2012, (42 U.S.C. 14925, Pub. L. 112–
276 (2012)).
§ 96.4
[Amended]
5. Amend § 96.4 by removing the
parenthetical phrase ‘‘(including
temporary accreditation)’’ in paragraph
(a) and removing the parenthetical
phrase ‘‘(including temporarily
accredit)’’ in paragraph (b).
■ 6. Amend § 96.6 by revising
paragraphs (c), (d), (g) and (j) to read as
follows:
■
§ 96.6 Performance criteria for designation
as an accrediting entity.
*
*
*
*
*
(c) That it can monitor the
performance of agencies it has
accredited and persons it has approved
(including their use of any supervised
providers) to ensure their continued
compliance with the Convention, the
IAA, the UAA, and the regulations
implementing the IAA or UAA;
(d) That it has the capacity to take
appropriate adverse actions against
agencies it has accredited and persons it
has approved;
*
*
*
*
*
(g) That it has the capacity to conduct
its accreditation and approval functions
fairly and impartially;
*
*
*
*
*
(j) That it prohibits its employees or
other individuals acting as site
evaluators, including, but not limited to,
volunteer site evaluators, from
becoming employees or supervised
providers of an agency or person for at
least one year after they have evaluated
such agency or person for accreditation
or approval.
§ 96.7
[Amended]
7. Amend § 96.7 as follows:
a. Remove the phrase ‘‘and/or
temporary accreditation’’ in paragraph
(a)(1);
■ b. Remove the phrase ‘‘, temporarily
accredited agencies,’’ in paragraphs
(a)(3), (a)(4) and (a)(7);
■ c. Remove both iterations of the
phrase ‘‘, temporarily accredited
agency,’’ in paragraph (a)(5);
■ d. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘intercountry
adoption’’ in paragraph (a)(8); and
■ e. Remove the phrase ‘‘the regulations
implementing the IAA’’ and add in its
place the phrase ‘‘the UAA, the
regulations implementing the IAA or
UAA’’ in paragraph (c).
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■
■
§ 96.8
■
[Amended]
8. Amend § 96.8 as follows:
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a. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘intercountry
adoption’’ in paragraph (a)(1);
■ b. Remove both iterations of the term
‘‘Convention’’ in paragraph (b)(1);
■ c. Remove the phrase ‘‘full
Convention’’ and ‘‘; and’’ and add a
period at the end in paragraph (b)(2);
and
■ d. Remove paragraph (b)(3).
■
§ 96.9
[Amended]
9. Amend § 96.9 by removing both
iterations of the phrase ‘‘, temporary
accreditation,’’ in paragraph (b) and
removing the phrase ‘‘, temporarily
accredited agencies,’’ in paragraph (c).
■
§ 96.10
[Amended]
10. Amend § 96.10 as follows:
a. Remove the phrase ‘‘the regulations
implementing the IAA’’ and add in its
place the phrase ‘‘the UAA, the
regulations implementing the IAA or
UAA’’ in paragraph (a);
■ b. Remove the phrase ‘‘or a
temporarily accredited agency is
substantially out of compliance with the
standards in § 96.104’’ in paragraph
(c)(1);
■ c. Remove the phrase ‘‘, temporarily
accredited agencies,’’ in paragraph
(c)(7).
■ 11. Amend § 96.12 by revising
paragraphs (a) introductory text, (a)(1),
(a)(3), and (c) to read as follows:
■
■
§ 96.12 Authorized adoption service
providers.
(a) Except as provided in section
505(b) of the IAA (relating to
transitional cases), and once the UAA
becomes effective, except as provided in
section 2(c) of the UAA (relating to
transitional cases), an agency or person
may not offer, provide, or facilitate the
provision of any adoption service in the
United States in connection with an
intercountry adoption unless it is:
(1) An accredited agency or an
approved person;
*
*
*
*
*
(3) An exempted provider, if the
exempted provider’s home study or
child background study will be
reviewed and approved by an accredited
agency pursuant to § 96.47(c) or
§ 96.53(b).
*
*
*
*
*
(c) Neither conferral nor maintenance
of accreditation or approval, nor status
as an exempted or supervised provider,
nor status as a public domestic authority
shall be construed to imply, warrant, or
establish that, in any specific case, an
adoption service has been provided
consistently with the Convention, the
IAA, the UAA, or the regulations
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implementing the IAA or UAA.
Conferral and maintenance of
accreditation or approval under this part
establishes only that the accrediting
entity has concluded, in accordance
with the standards and procedures of
this part, that the agency or person
conducts adoption services in
substantial compliance with the
applicable standards set forth in this
part; it is not a guarantee that in any
specific case the accredited agency or
approved person is providing adoption
services consistently with the
Convention, the IAA, the UAA, the
regulations implementing the IAA or
UAA, or any other applicable law,
whether Federal, State, or foreign.
Neither the Secretary nor any
accrediting entity shall be responsible
for any acts of an accredited agency,
approved person, exempted provider,
supervised provider, or other entity
providing services in connection with
an intercountry adoption.
§ 96.13
[Amended]
12. Amend § 96.13 as follows:
a. Remove the phrase ‘‘temporary
accreditation,’’ and both iterations of the
phrase ‘‘or temporarily accredited
agency’’ in paragraph (a);
■ b. Remove the phrase ‘‘temporarily
accredited,’’ in paragraphs (b), (c), and
(d);
■ c. Remove the phrase ‘‘temporarily
accredited, or’’ in paragraphs (b) and (c);
■ d. Remove the phrase ‘‘a Convention’’
and add in its place the phrase ‘‘an
intercountry’’ each of the four times it
appears in paragraphs (b) and (c); and
■ e. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘foreign’’ in
two places in the first and second
sentences of paragraph (d).
■
■
§ 96.14
[Amended]
13. Amend § 96.14 as follows:
a. Remove the phrases ‘‘, temporary
accreditation’’, ‘‘, a temporarily
accredited agency’’, ‘‘temporarily
accredited agency’’ and all three
iterations of the phrase ‘‘, temporarily
accredited agency,’’ in paragraph (a);
■ b. Remove the term ‘‘Convention
case’’ and add in its place the term
‘‘intercountry adoption case’’ in
paragraph (a);
■ c. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘foreign’’ in
paragraphs (a)(2) through (4), (c), (c)(2),
and (e);
■ d. Remove the phrase ‘‘, and
§ 96.104(g), in the case of temporarily
accredited agencies’’ in paragraph (b);
■ e. Remove the phrase ‘‘, temporarily
accredited agency,’’ in paragraphs (b)(1);
■ f. Remove the phrase ‘‘or temporarily
accredited agency’’ in paragraph (b)(2);
and
■
■
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g. Remove the phrase ‘‘, and
§ 96.104(g) of subpart N, in the case of
temporarily accredited agencies’’ in
paragraph (c).
■
§ 96.15
[Amended]
14. Amend § 96.15 as follows:
a. Remove both iterations of the term
‘‘Convention’’ and add in its place the
term ‘‘foreign’’ in Example 1;
■ b. Remove the phrase ‘‘temporarily
accredited,’’ in each place it occurs in
Examples 1, 3, 4, 5, 6, 8, 9, 10, 11, and
12;
■ c. Remove the phrase ‘‘a Convention’’
and add in its place the phrase ‘‘an
intercountry’’ in each place in Examples
2, 3, 4, 5, 6, and 7;
■ d. Remove the phrase ‘‘this
Convention’’ and add in its place the
phrase ‘‘this intercountry’’ in Example
3;
■ e. Remove the term ‘‘temporary
accreditation,’’ in Examples 5, and 6;
■ f. Remove the term ‘‘Convention
country’’ and add in its place the term
‘‘foreign country’’ in Examples 7, 8, and
11;
■ g. Add the phrase ‘‘or the UAA’’ after
‘‘requirements of the IAA’’ in Examples
8 and 9.
■ h. Remove the term ‘‘Convention
Country’’ and add in its place the term
‘‘Foreign Country’’ in Examples 9 and
12;
■ i. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘intercountry’’
in Example 10; and
■ j. Remove the phrase ‘‘is eventually
disrupted’’ and add in its place the
phrase ‘‘eventually disrupts’’ in
Example 10.
■ 15. Revise § 96.16 to read as follws:
■
■
§ 96.16
Public domestic authorities.
Public domestic authorities are not
required to become accredited to be able
to provide adoption services in
intercountry adoption cases, but must
comply with the Convention, the IAA,
the UAA, and other applicable law
when providing services in an
intercountry adoption case.
■ 16. Revise § 96.17 to read as follows:
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§ 96.17 Effective date of accreditation and
approval requirements.
The Convention entered into force for
the United States on April 1, 2008. As
of that date, the regulations in subpart
C of this part govern Convention
adoptions between the United States
and Convention countries, and require
agencies or persons providing adoption
services on behalf of prospective
adoptive parent(s) to comply with
§ 96.12 and applicable Federal
regulations. The Secretary maintains for
the public a current listing of
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Convention countries. The effective date
of the UAA is July 14, 2014. As of that
date, consistent with the UAA, the
regulations in subpart C of this part will
govern adoptions of children described
in INA § 101(b)(1)(F), and will require
agencies or persons providing adoption
services on behalf of prospective
adoptive parent(s) in connection with a
child described in section 101(b)(1)(F)
to comply with § 96.12 and applicable
Federal regulations.
■ 17. Revise § 96.18 to read as follows:
§ 96.18
Scope.
(a) Agencies are eligible to apply for
‘‘accreditation.’’ Persons are eligible to
apply for ‘‘approval.’’ Applications for
accreditation or approval will be
processed in accordance with §§ 96.19
and 96.20.
(b) If an agency or person is
reapplying for accreditation or approval
following cancellation of its
accreditation or approval by an
accrediting entity or refusal by an
accrediting entity to renew its
accreditation or approval, it must
comply with the procedures in § 96.78.
(c) If an agency or person that has
been accredited or approved is seeking
renewal, it must comply with the
procedures in § 96.63.
§ 96.19
■
■
[Redesignated as § 96.19]
19. Redesignated § 96.20 as § 96.19.
§ 96.19
§ 96.27
[Amended]
25. Amend § 96.27 as follows:
a. Remove the term ‘‘Convention’’ in
the last sentence of paragraph (c);
■ b. Remove the phrase ‘‘temporarily
accredited’’ in paragraph (d);
■ c. Remove the phrase ‘‘and the IAA’’
and add in its place the phrase ‘‘, the
IAA, and the UAA’’ in paragraphs (d)
and (g);
■ d. Remove the phrase ‘‘has had its
temporary accreditation withdrawn,’’ in
paragraph (e); and
■ e. Remove the term ‘‘Convention
cases’’ and add in its place the term
‘‘intercountry adoption cases’’ in
paragraph (g).
■
■
Subpart F—Standards for Intercountry
Adoption Accreditation and Approval
26. Revise the Subpart F heading to
read as set forth above.
■ 27. Revise § 96.29 to read as follows:
■
§ 96.29
Scope.
The provisions in this subpart provide
the standards for accrediting agencies
and approving persons.
§ 96.30
[Amended]
28. Amend § 96.30 by removing the
term ‘‘Convention’’ and adding in its
place the term ‘‘foreign’’ in paragraph
(d).
■
[Removed]
18. Remove § 96.19.
§ 96.20
d. Remove the phrase ‘‘, temporarily
accredited agency,’’ in paragraph (c).
■
§ 96.31
[Amended]
29. Amend § 96.31 by adding
‘‘qualifies’’ before the phrase ‘‘for
nonprofit status’’ in paragraph (a).
■
[Amended]
20. In newly redesignated § 96.19,
remove the second sentence in
paragraph (a).
§ 96.33
§ 96.21
■
■
■
21. Redesignate § 96.21 as § 96.20.
§ 96.21
■
■
[Redesignated as § 96.20]
[Reserved]
22. Add reserved § 96.21.
23. Revise § 96.23 to read as follows:
§ 96.23
Scope.
The provisions in this subpart govern
the evaluation of agencies and persons
for accreditation or approval.
§ 96.25
[Amended]
24. Amend § 96.25 as follows:
a. Add the phrase ‘‘and cases subject
to the UAA’’ after the phrase
‘‘Convention adoption case files’’ in
paragraph (b);
■ b. Add ‘‘other’’ before the term ‘‘nonConvention cases’’ in paragraph (b);
■ c. Add the phrase ‘‘not subject to the
UAA’’ before the phrase ‘‘prior to their
inspection by the accrediting entity.’’ in
paragraph (b); and
■
■
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[Amended]
30. Amend § 96.33 by removing both
iterations of the term ‘‘Convention
cases’’ and adding in their places the
term ‘‘intercountry adoption cases’’ in
paragraph (e) and removing the phrase
‘‘Convention-related’’ and adding in its
place the phrase ‘‘intercountry
adoption-related’’ in paragraph (g).
§ 96.37
[Amended]
31. Amend § 96.37 as follows:
a. Remove the phrase ‘‘a Convention
adoption’’ and add in its place the
phrase ‘‘an intercountry adoption’’ in
paragraph (a);
■ b. Remove the term ‘‘INA’’ in
paragraph (f)(2); and
■ c. Remove the citation ‘‘8 CFR
204.3(b)’’ and add in its place the
citation ‘‘8 CFR 204.301’’ in paragraph
(f)(2).
■
■
§ 96.38
■
[Amended]
32. Amend § 96.38 as follows:
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a. Remove the phrase ‘‘the regulations
implementing the IAA’’ and add in its
place the phrase ‘‘the UAA, the
regulations implementing the IAA or
UAA’’ in paragraph (a)(1);
■ b. Remove the phrase ‘‘adopted from
a Convention country’’ and add in its
place the phrase ‘‘described in INA
101(b)(1)(F) and 101(b)(1)(G)’’ in
paragraph (a)(2);
■ c. Remove the term ‘‘Convention
country’’ and add in its place the term
‘‘foreign country’’ in paragraph (a)(3);
and
■ d. Remove the phrase ‘‘and the IAA’’
and add in its place the phrase ‘‘, the
IAA, and the UAA’’ in paragraph (d).
■
§ 96.40
[Amended]
33. Amend § 96.40 as follows:
a. Remove the term ‘‘a Convention
adoption’’ and add in its place the term
‘‘an intercountry adoption’’ in
paragraph (b);
■ b. Remove the term ‘‘Convention
country’’ and add in its place the term
‘‘country of origin’’ in paragraphs (b)(3),
(5), and (6);
■ c. Remove the term ‘‘Convention’’
before ‘‘court documents’’ in paragraph
(b)(5);
■ d. Remove the term ‘‘Convention
countries’’ and add in its place the term
‘‘foreign countries’’ in paragraph (f); and
■ e. Remove the term ‘‘Convention
country’’ and add in its place the term
‘‘foreign country’’ in paragraphs (f), (g),
and (g)(3).
[Amended]
34. Amend § 96.41 by removing the
phrase ‘‘or the regulations implementing
the IAA’’ and adding in its place the
phrase ‘‘the UAA, or the regulations
implementing the IAA or UAA’’ in
paragraph (b).
■
§ 96.42
[Amended]
35. Amend § 96.42 by removing the
phrase ‘‘under the Convention’’ and
adding in its place the phrase ‘‘in
intercountry adoption cases’’ in
paragraph (d).
■
§ 96.43
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§ 96.46
[Amended]
38. Amend § 96.46 as follows:
a. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘foreign’’ in
the section heading, and in paragraphs
(a), (a)(1), (a)(3), (a)(5), and (b); and
■ b. Add the phrase ‘‘or the
Convention’s principles of ensuring that
intercountry adoptions take place in the
best interests of children and preventing
the abduction, exploitation, sale, or
trafficking of children’’ after the phrase
‘‘germane to the Convention’’ in
paragraph (a)(4).
■
■
§ 96.47
39. Amend § 96.47 as follows:
a. Remove the citation ‘‘8 CFR
204.3(e)’’ and add in its place the
citation ‘‘8 CFR 204.311’’ in paragraphs
(a)(4), (b), and (c)(1);
■ b. Remove both iterations of the
phrase ‘‘or temporarily accredited
agency’’ in paragraph (c); and
■ c. Remove the citation ‘‘8 CFR
204.3(b)’’ and add in its place the
citation ‘‘8 CFR 204.301’’ in paragraph
(c)(2).
■
■
[Amended]
40. Amend § 96.48 by removing the
term ‘‘Convention’’ and adding in its
place the term ‘‘foreign’’ in paragraph
(b)(1) and removing the term
‘‘Convention’’ and adding in its place
the term ‘‘intercountry’’ in paragraph
(b)(8).
§ 96.49
[Amended]
41. Amend § 96.49 by removing the
term ‘‘Convention’’ and adding in its
place the term ‘‘foreign’’ in paragraphs
(a), (d)(1), and (d)(2).
■
§ 96.50
[Amended]
42. Amend § 96.50 by removing both
iterations of the term ‘‘Convention’’ and
■
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adding in place of them the term
‘‘foreign’’ in paragraph (g) and adding
the phrase ‘‘in Convention adoptions is’’
before the phrase ‘‘entered in
compliance with’’ in paragraph (h)(1).
§ 96.52
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[Amended]
43. Amend § 96.52 as follows:
a. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘foreign’’ in
paragraphs (a), (b), and (c);
■ b. Remove the phrase ‘‘a Convention’’
and add in its place the phrase ‘‘an
intercountry’’ in paragraph (e); and
■ c. Remove the phrase ‘‘or any
regulations implementing the IAA’’ and
add in its place the phrase ‘‘the UAA,
or any regulations implementing the
IAA or UAA’’ in paragraph (e).
■ 44. Revise the undesignated center
heading above § 96.53 to read as
follows:
*
*
*
*
*
■
■
Standards for Convention Cases in
Which a Child Is Emigrating From the
United States (Outgoing Cases)
*
*
§ 96.53
*
*
*
[Amended]
45. Amend § 96.53 by adding the term
‘‘Convention’’ before ‘‘cases’’ in the
section heading and removing both
iterations of the phrase ‘‘or temporarily
accredited agency’’ in paragraph (b).
■
§ 96.54
[Amended]
■
[Amended]
15:56 Jul 11, 2014
[Amended]
37. Amend § 96.44 by removing the
term ‘‘Convention’’ and adding in its
place the term ‘‘intercountry’’ in
paragraph (b).
§ 96.48
36. Amend § 96.43 as follows:
a. Remove the term ‘‘intercountry’’
and add in its place the phrase
‘‘Convention and non-Convention’’ in
paragraphs (b)(1) and (b)(2);
■ b. Remove the phrase ‘‘in both
Convention and non-Convention cases’’
in paragraphs (b)(1) and (b)(2);
■ c. Remove the phrase ‘‘Convention
country or other’’ and add in its place
the term ‘‘foreign’’ in paragraph (b)(1)(i);
■ d. Remove the phrase ‘‘, Convention
country, or other’’ and add in its place
the phrase ‘‘or foreign’’ in paragraphs
(b)(1)(iii) and (b)(2)(iii);
■
■
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§ 96.44
■
■
■
§ 96.41
e. Remove the phrase ‘‘Convention
country or other’’ and add in its place
the term ‘‘foreign’’ in paragraph
(b)(2)(ii);
■ f. Remove the phrase ‘‘a Convention’’
and add in its place the phrase ‘‘an
intercountry’’ in paragraphs (b)(3), (b)(4)
and (b)(5);
■ g. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘foreign’’ in
paragraphs (b)(3)(i) and (b)(4)(i); and
■ h. Remove the term’’ Convention
adoptions’’ and add in its place the term
‘‘intercountry adoptions’’ in paragraph
(b)(6).
■
40635
[Amended]
46. Amend § 96.54 by adding the term
‘‘Convention’’ before the term ‘‘cases’’ in
the section heading.
■
§ 96.55
[Amended]
47. Amend § 96.55 by adding the term
‘‘Convention’’ before the term ‘‘cases’’ in
the section heading.
■ 48. Revise § 96.57 to read as follows:
■
§ 96.57
Scope.
The provisions in this subpart
establish the procedures for when the
accrediting entity issues decisions on
applications for accreditation or
approval.
■ 49. Revise § 96.58 to read as follows:
§ 96.58 Notification of accreditation and
approval decisions.
(a) The accrediting entity must
routinely inform applicants in writing of
its accreditation and approval
decisions—whether an application has
been granted or denied—as those
decisions are finalized. The accrediting
entity must routinely provide this
information to the Secretary in writing.
(b) The accrediting entity may, in its
discretion, communicate with agencies
and persons that have applied for
accreditation or approval about the
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status of their pending applications to
afford them an opportunity to correct
deficiencies that may hinder or prevent
accreditation or approval.
■ 50. Revise § 96.60 to read as follows:
§ 96.60 Length of accreditation or approval
period.
The accrediting entity will accredit or
approve an agency or person for a
period of four years. The accreditation
or approval period will commence on
the date that the agency or person is
granted accreditation or approval.
§ 96.62
[Amended]
51. Amend § 96.62 by removing the
second sentence.
§ 96.77
[Amended]
60. Amend § 96.77 by removing all six
iterations of the term ‘‘Convention
cases’’ and both iterations of the term
‘‘Convention adoption cases’’ adding in
their places the term ‘‘intercountry
adoption cases’’ in paragraphs (b) and
(c).
■
§ 96.81
61. Amend § 96.81 by removing the
last two sentences.
[Amended]
62. Amend § 96.83 by removing the
phrase ‘‘under the Convention’’ in
paragraph (b)(3).
■
[Amended]
52. Amend § 96.63 by removing both
iterations of the term ‘‘Convention’’ and
adding in their places the term
‘‘intercountry adoption’’ in paragraph
(a).
■
§ 96.87
53. Amend § 96.65 by removing the
second and third sentences.
§ 96.68
§ 96.90
[Amended]
■
[Amended]
54. Amend § 96.68 by removing the
phrase ‘‘or the regulations implementing
the IAA’’ and adding in its place the
phrase ‘‘the UAA, or the regulations
implementing the IAA or UAA’’ and
removing the last sentence.
■
§ 96.69
[Amended]
55. Amend § 96.69 by removing the
term ‘‘Convention adoption’’ and adding
in its place the term ‘‘intercountry
adoption’’ in paragraphs (b) and (c).
■
§ 96.70
[Amended]
56. Amend § 96.70 by removing the
phrase ‘‘temporarily accredited
agencies, and’’ and by adding the phrase
‘‘, and agencies temporarily accredited
for one or two years after the
Convention entered into force’’ after the
term ‘‘approved persons’’ in paragraph
(b)(1).
■
§ 96.71
[Amended]
64. Amend § 96.90 by removing the
second sentence.
■
[Amended]
65. Amend § 96.91 as follows:
a. Remove the phrase ‘‘Once the
Convention has entered into force for
the United States’’ in paragraphs (a) and
(b);
■ b. Remove the phrase ‘‘withdrawal of
temporary accreditation,’’ in paragraph
(a)(3); and
■ c. Remove the phrase ‘‘a withdrawal
of temporary accreditation,’’ in
paragraph (b)(2).
■
■
§ 96.92
[Amended]
66. Amend § 96.92 by removing the
phrase ‘‘Once the Convention has
entered into force for the United States’’
in the introductory text.
■
§ 96.93
[Amended]
[Amended]
58. Amend § 96.74 by removing the
second and third sentences.
67. Amend § 96.93 as follows:
■ a. Remove the phrase ‘‘and any
withdrawals of temporary
accreditation’’ in paragraph (a)(3);
■ b. Remove the term ‘‘Convention’’ and
add in its place the term ‘‘intercountry
adoption’’ in paragraph (b)(2); and
■ c. Remove the phrase ‘‘or withdraws
an agency’s temporary accreditation’’ in
paragraph (c)(3).
§ 96.75
Subpart N [Removed]
57. Amend § 96.71 by removing the
phrase ‘‘or the regulations implementing
the IAA’’ and adding in its place the
phrase ‘‘the UAA, or the regulations
implementing the IAA or UAA’’ in
paragraph (b).
■
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 96.91
§ 96.74
[Amended]
■
[Amended]
59. Amend § 96.75 by adding ‘‘, the
UAA,’’ after ‘‘IAA’’ in the introductory
text and removing the term
■
VerDate Mar<15>2010
15:56 Jul 11, 2014
Jkt 232001
■
68. Remove subpart N, consisting of
§§ 96.95 through 96.111.
■
PO 00000
Frm 00018
Fmt 4700
[FR Doc. 2014–16294 Filed 7–11–14; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[Docket No. USCG–2014–0545]
Drawbridge Operation Regulation; New
Jersey Intracoastal Waterway (NJICW),
at Atlantic City, NJ
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
[Amended]
63. Amend § 96.87 by removing both
iterations of the term ‘‘Convention
cases’’ and both iterations of the term
‘‘Convention adoption cases’’ adding in
their places the term ‘‘intercountry
adoption cases’’.
§ 96.65
Dated: July 7, 2014.
Michele T. Bond,
Acting Assistant Secretary for Consular
Affairs, U.S. Department of State.
Coast Guard
[Amended]
■
§ 96.83
■
§ 96.63
‘‘Convention’’ and adding in its place
the term ‘‘foreign’’ in paragraph (e).
Sfmt 4700
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the US 40–322
(Albany Avenue) Bridge across Inside
Thorofare, NJICW mile 70.0, at Atlantic
City, NJ. The deviation is necessary to
facilitate the 4th Annual Atlantic City
Triathlon. The deviation allows the
bridge to remain in the closed position
to vessels requesting a bridge opening to
ensure the participants’ safety and that
there are no delays.
DATES: This deviation is effective from
6 a.m. to Noon on September 13 and 14,
2014.
ADDRESSES: The docket for this
deviation [USCG–2014–0545] is
available at https://www.regulations.gov.
Type the docket number in the ‘‘Search’’
box and click ‘‘Search.’’ Click on the
Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Kashanda
Booker, Bridge Management Specialist,
Fifth Coast Guard District, telephone
(757) 398–6227, email
Kashanda.l.booker@uscg.mil. If you
have questions on reviewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Atlantic City Emergency Management
Office has requested a temporary
SUMMARY:
E:\FR\FM\14JYR1.SGM
14JYR1
]]>Agencies
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40629-40636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16294]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 96
[Public Notice 8792]
RIN 1400-AD45
Adoptions: Regulatory Change To Clarify the Application of the
Accreditation Requirement and Standards in Cases Covered by the
Intercountry Adoption Universal Accreditation Act
AGENCY: Department of State.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Department of State (Department) rule on
the accreditation and approval of adoption service providers in
intercountry adoptions. The revisions reflect the requirement of the
Intercountry Adoption Universal Accreditation Act of 2012 (UAA) that
[[Page 40630]]
the accreditation standards developed in accordance with the 1993 Hague
Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption (Convention) and the Intercountry Adoption Act of
2000 (IAA), which previously only applied in Convention adoption cases,
apply also in non-Convention adoption cases. Non-convention adoption
cases are known as ``orphan'' cases, defined in the Immigration and
Nationality Act (INA). This rule also revises the accreditation rule by
referring to the Department of Homeland Security (DHS) Convention home
study regulation and deleting obsolete references, such as any
reference to temporary accreditation.
DATES: The effective date of this interim final rule is July 14, 2014.
The Department will accept comments on the proposed regulation up to
September 12, 2014.
ADDRESSES:
Internet: You may view this interim final rule and submit
your comments by visiting the Regulations.gov Web site at
www.regulations.gov, and searching for docket number DOS-2014-0015.
Mail or Delivery: You may send your paper, disk, or CD-ROM
submissions to the following address: Comments on Proposed Rule 22 CFR
Part 96, Office of Legal Affairs, Overseas Citizen Services, U.S.
Department of State, CA/OCS/L, SA-17, Floor 10, Washington, DC 20522-
1710.
All comments should include the commenter's name and the
organization the commenter represents (if applicable). If the
Department is unable to read your comment for any reason, the
Department might not be able to consider your comment. Please be
advised that all comments will be considered public comments and might
be viewed by other commenters; therefore, do not include any
information you would not wish to be made public. After the conclusion
of the comment period, the Department will publish a final rule (in
which it will address relevant comments) as expeditiously as possible.
FOR FURTHER INFORMATION CONTACT: Office of Legal Affairs, Overseas
Citizen Services, U.S. Department of State, CA/OCS/L, SA-17, Floor 10,
Washington, DC 20522-1710; (202) 485-6079.
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
This rule clarifies that under the Intercountry Adoption Universal
Accreditation Act of 2012 (UAA), signed into law January 14, 2013, and
effective July 14, 2014, the accreditation requirement and standards
found in 22 CFR part 96 apply to any person (including non-profit
agencies, for-profit agencies and individuals but excluding government
agencies and tribal authorities), providing adoption services on behalf
of prospective adoptive parents in an ``orphan'' intercountry adoption
case described under section 101(b)(1)(F) of the Immigration and
Nationality Act. Specifically, under Section 2 of the UAA ``[t]he
provisions of title II and section 404 of the Intercountry Adoption Act
of 2000 (42 U.S.C. 14901 et seq.), and related implementing
regulations, shall apply to any person offering or providing adoption
services in connection with a child described in section 101(b)(1)(F)
of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(F)), to the
same extent as they apply to the offering or provision of adoption
services in connection with a Convention adoption.''
Title II of the Intercountry Adoption Act of 2000 (IAA) (Public Law
106-279) requires that any person providing adoption services in a
Convention case be an accredited, approved, or an exempted adoption
service provider, and section 404 imposes civil and criminal penalties
for violations of the Act. On February 15, 2006 the Department of State
published implementing regulations at 71 FR 8064, on the accreditation
and approval of agencies and persons in accordance with the Convention
and the IAA. The UAA extends that rule from Convention cases to
``orphan'' cases. This regulatory change includes a number of technical
edits to facilitate interpretation of the regulatory requirements and
clarify designated accrediting entities' authority under the UAA and
the IAA.
The Department is amending the regulation to make 22 CFR part 96,
as affected by the UAA, easier to read. This rule will aid the
accrediting entity applying the standards and adoption service
providers required to comply with the standards. In particular, this
rule adds references to the UAA where the IAA is referenced; adds a
sentence concerning the UAA effective date; redefines ``Central
Authority'' to include competent authorities, thereby clarifying how
the term applies in countries that are not party to the Convention;
redefines adoption records to include non-Convention case records and
changes Section 96.25(b) concerning accrediting entity access to non-
Convention records in cases subject to the UAA; defines the terms INA,
IAA, and intercountry adoption; refers to ``accreditation and
approval'' instead of to ``Convention accreditation and approval;''
revises Section 96.46(a)(4) to clarify that foreign supervised
providers in non-Convention countries may not have a pattern of
licensing suspensions relating to key Convention principles; and
revises references to ``Convention adoption,'' ``cases subject to the
Convention,'' ``Convention case,'' ``Convention country,'' and
``Convention-related activity'' to ensure that such references include
non-Convention adoptions, activities, countries, and cases under the
UAA.
Additionally, this rule corrects the references in 22 CFR
96.37(f)(2), and 96.47(a)(4) and (b), to refer to the correct
Department of Homeland Security (DHS) definition of home study preparer
and home study requirements. When the original rule was issued in 2006,
DHS had not yet published its final rule concerning home studies in
Convention cases. Thus, the 2006 State Department rule referred to the
``orphan'' home study requirements under 8 CFR 204.3(b) and (e),
instead of the Convention home study requirements found in 8 CFR
204.301 and 311. This rule references the correct DHS regulation. The
change clarifies that the home study must be prepared by an accredited
agency, approved person, exempted provider, or a supervised provider.
In addition, when the home study is not performed in the first instance
by an accredited agency, then an accredited agency must review and
approve it. The orphan and Convention home study requirements also
differ concerning the required elements, applicable definitions, and
the duty to disclose. The Department anticipates that DHS will publish
specific guidance on how the Convention home study requirements will
apply in orphan cases.
Finally, the rule amends 22 CFR Part 96 to delete obsolete
provisions, including any references to temporary accreditation,
deleting subpart N in its entirety. Under the IAA, temporary
accreditation was only possible for a one- or two-year period following
the entry into force of the Convention. Because the Convention entered
into force for the United States on April 1, 2008, more than two years
ago, temporary accreditation is no longer possible. The rule also
deletes the section on ``special provisions for agencies and persons
seeking to be accredited or approved as of the time the Convention
enters into force for the United States'' and a reference to that
section. Further, the rule revises requirements concerning
``notification of accreditation and approval decisions'' and ``length
of accreditation or approval period,'' deleting provisions that
[[Page 40631]]
applied only during the transitional period to the Convention entering
into force and clarifying that for purposes of the notification
requirement the phrase ``accreditation or approval decisions'' refers
to whether an application is granted or denied.
Cases that are grandfathered under Section 2(c) of the UAA are not
affected by this rule. See the Department's adoption Web site and the
DHS/USCIS Web site for information on this grandfathering provision.
The Department invites comment on the edits to 22 CFR Part 96
described above.
Regulatory Analysis
Administrative Procedure Act
The Department is publishing this rule as an interim final rule
based on its determination for good cause that delaying the effect of
this rule during the period of public comment would be impractical,
unnecessary and contrary to public interest under Section 553 of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). Publishing
the revision now will allow the rule to be in effect on the date the
UAA goes into effect. This will aid the accrediting entity in its
accreditation and oversight function and avoid confusion among adoption
service providers and other members of the public about how the
accreditation standards apply in ``orphan'' intercountry adoption
cases.
The Department will accept comments from the public for 60 days
after publication.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
The rule clarifies the requirements imposed by the UAA and IAA on
adoption service providers providing services in ``orphan''
intercountry adoption cases described under section 101(b)(1)(F).
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4, 109 Stat. 48, codified at 2 U.S.C. 1532) generally requires
agencies to prepare a statement before proposing any rule that may
result in an annual expenditure of $100 million or more by State,
local, or tribal governments, or by the private sector. This rule will
not result in any such expenditure, nor will it significantly or
uniquely affect small governments or the private sector.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121).
This rule will not result in an annual effect on the economy of $100
million or more; a major increase in costs or prices; or adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and import markets.
Executive Order 12866
The Department of State has reviewed this proposed rule to ensure
its consistency with the regulatory philosophy and principles set forth
in Executive Order 12866, and has determined that the benefits of this
final regulation justify its costs. The Department does not consider
this rulemaking to be an economically significant action within the
scope of section 3(f)(1) of the Executive Order.
The rule does not add any new legal requirements to Part 96 but
reflects the changes affected by the UAA to apply these accreditation
standards in orphan cases. The UAA and this rule benefit prospective
adoptive parents, children, and birth families involved in the
intercountry adoption process by ensuring that adoption service
providers providing services in orphan cases are subject to the same
accreditation standards and ongoing oversight and monitoring that apply
in Convention cases.
Concerning the cost of the UAA, the Report from the Congressional
Budget Office (CBO) on October 17, 2012, notes that the UAA imposes ``a
private sector mandate by requiring all providers of placement services
for intercountry adoptions to be compliant with the accreditation
standards of the Hague Convention.'' The report notes, further, that
``[t]he initial fees for obtaining accreditation can range between
$10,000 and $16,000 depending on the size and annual revenue of the
entity seeking accreditation. Annual fees to maintain accreditation are
less than $1,000 on average, but are also subject to change based on
the revenue of the entity. The cost of liability insurance for adoption
agencies varies from state to state and can range between $10,000 and
$50,000 per year.'' Overall, CBO concluded: ``Based on information
gathered from industry professionals, the Department of Health and
Human Services, and an accreditation agency, the number of entities
that would be affected is relatively small. Therefore, CBO estimates
that the aggregate cost of the mandate to the private sector would fall
below the annual threshold established in UMRA ($146 million in 2012,
adjusted annually for inflation).''
The Council on Accreditation (COA), the accrediting entity
designated by the Department, reports that approximately forty new
agencies have applied for accreditation since the UAA became law in
January of 2013. This number is much fewer than COA had anticipated.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders 12372 and
No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed the regulations in light of Executive
Order No. 12988 to eliminate ambiguity, minimize litigation, establish
clear legal standards, and reduce burden.
Executive Order 13563: Improving Regulation and Regulatory Review
The Department has considered this rule in light of Executive Order
13563, dated January 18, 2011, and affirms that this regulation is
consistent with the guidance therein.
Paperwork Reduction Act
This rule does not impose information collection requirements
subject to the provisions of the Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
List of Subjects in 22 CFR Part 96
Adoption, child welfare, children immigration, foreign persons.
For the reasons stated in the preamble, the Department of State
amends 22 CFR part 96 as follows:
PART 96--INTERCOUNTRY ADOPTION ACCREDITATION OF AGENCIES AND
APPROVAL OF PERSONS
0
1. Revise the authority citation for part 96 to read as follows:
Authority: The Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption (done at the Hague,
May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg.
No. 31922 (1993));
[[Page 40632]]
The Intercountry Adoption Act of 2000, 42 U.S.C. 14901-14954; The
Intercountry Adoption Universal Accreditation Act of 2012, Pub. L.
112-276, 42 U.S.C. 14925.
0
2. Revise the heading for part 96 to read as set forth above.
0
3. Revise Sec. 96.1 to read as follows:
Sec. 96.1 Purpose.
This part provides for the accreditation and approval of agencies
and persons pursuant to the Intercountry Adoption Act of 2000 (42
U.S.C. 14901-14954, Pub. L. 106-279,) and the Intercountry Adoption
Universal Accreditation Act of 2012 (42 U.S.C. 14925, Pub. L. 112-276).
Subpart B of this part establishes the procedures for the selection and
designation of accrediting entities to perform the accreditation and
approval functions. Subparts C through H establish the general
procedures and standards for accreditation and approval of agencies and
persons (including renewal of accreditation or approval). Subparts I
through M address the oversight of accredited or approved agencies and
persons.
0
4. Amend Sec. 96.2 as follows:
0
a. Revise the definitions ``Accredited agency'', ``Accrediting
entity'', ``Adoption record'', ``Approved home study'', ``Approved
person'', ``Central Authority'';
0
b. Remove the definition of ``Central Authority function'';
0
c. Revise the definitions of ``Child welfare services'' and ``Exempted
provider'';
0
d. Add the definitions of ``INA'' and ``Intercountry adoption,''
0
e. Revise the definitions of ``Legal services'', ``Post-adoption'',
``Primary provider'', ``Public foreign authority'', ``Secretary'', and
``Supervised provider'';
0
f. Remove the definition of ``Temporarily accredited agency''; and
0
g. Add the definition of ``UAA''.
The revisions and additions read as follows:
Sec. 96.2 Definitions.
* * * * *
Accredited agency means an agency that has been accredited by an
accrediting entity, in accordance with the standards in subpart F of
this part, to provide adoption services in the United States in
intercountry adoption cases.
Accrediting entity means an entity that has been designated by the
Secretary to accredit agencies and/or to approve persons for purposes
of providing adoption services in the United States in intercountry
adoption cases.
* * * * *
Adoption record means any record, information, or item related to a
specific intercountry adoption of a child received or maintained by an
agency, person, or public domestic authority, including, but not
limited to, photographs, videos, correspondence, personal effects,
medical and social information, and any other information about the
child.
* * * * *
Approved home study means a review of the home environment of the
child's prospective adoptive parent(s) that has been:
(1) Completed by an accredited agency; or
(2) Approved by an accredited agency.
Approved person means a person that has been approved, in
accordance with the standards in subpart F of this part, by an
accrediting entity to provide adoption services in the United States in
intercountry adoption cases.
* * * * *
Central Authority means the entity designated as such under Article
6(1) of the Convention by any Convention country, or, in the case of
the United States, the United States Department of State. In countries
that are not Convention countries, Central Authority means the relevant
``competent authority'' as defined in this section.
* * * * *
Child welfare services means services, other than those defined as
``adoption services'' in this section, that are designed to promote and
protect the well-being of a family or child. Such services include, but
are not limited to, recruiting and identifying adoptive parent(s) in
cases of disruption (but not assuming custody of the child), arranging
or providing temporary foster care for a child in connection with an
intercountry adoption or providing educational, social, cultural,
medical, psychological assessment, mental health, or other health-
related services for a child or family in an intercountry adoption
case.
* * * * *
Exempted provider means a social work professional or organization
that performs a home study on prospective adoptive parent(s) or a child
background study (or both) in the United States in connection with an
intercountry adoption (including any reports or updates), but that is
not currently providing and has not previously provided any other
adoption service in the case.
* * * * *
INA means the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), as amended.
Intercountry adoption means a Convention adoption or the adoption
of a child described in INA section 101(b)(1)(F).
* * * * *
Legal services means services, other than those defined in this
section as ``adoption services,'' that relate to the provision of legal
advice and information and to the drafting of legal instruments. Such
services include, but are not limited to, drawing up contracts, powers
of attorney, and other legal instruments; providing advice and counsel
to adoptive parent(s) on completing DHS or Central Authority forms; and
providing advice and counsel to accredited agencies, approved persons,
or prospective adoptive parent(s) on how to comply with the Convention,
the IAA, the UAA, and the regulations implementing the IAA or UAA.
* * * * *
Post-adoption means after an adoption; in cases in which an
adoption occurs in a foreign country and is followed by a re-adoption
in the United States, it means after the adoption in the foreign
country.
* * * * *
Primary provider means the accredited agency or approved person
that is identified pursuant to Sec. 96.14 as responsible for ensuring
that all six adoption services are provided and for supervising and
being responsible for supervised providers where used.
* * * * *
Public foreign authority means an authority operated by a national
or subnational government of a foreign country.
Secretary means the Secretary of State, the Assistant Secretary of
State for Consular Affairs, or any other Department of State official
exercising the Secretary of State's authority under the Convention, the
IAA, the UAA, or any regulations implementing the IAA or UAA, pursuant
to a delegation of authority.
* * * * *
Supervised provider means any agency, person, or other non-
governmental entity, including any foreign entity, regardless of
whether it is called a facilitator, agent, attorney, or by any other
name, that is providing one or more adoption services in an
intercountry adoption case under the supervision and responsibility of
an accredited agency or approved person that is acting as the primary
provider in the case.
[[Page 40633]]
UAA means the Intercountry Adoption Universal Accreditation Act of
2012, (42 U.S.C. 14925, Pub. L. 112-276 (2012)).
Sec. 96.4 [Amended]
0
5. Amend Sec. 96.4 by removing the parenthetical phrase ``(including
temporary accreditation)'' in paragraph (a) and removing the
parenthetical phrase ``(including temporarily accredit)'' in paragraph
(b).
0
6. Amend Sec. 96.6 by revising paragraphs (c), (d), (g) and (j) to
read as follows:
Sec. 96.6 Performance criteria for designation as an accrediting
entity.
* * * * *
(c) That it can monitor the performance of agencies it has
accredited and persons it has approved (including their use of any
supervised providers) to ensure their continued compliance with the
Convention, the IAA, the UAA, and the regulations implementing the IAA
or UAA;
(d) That it has the capacity to take appropriate adverse actions
against agencies it has accredited and persons it has approved;
* * * * *
(g) That it has the capacity to conduct its accreditation and
approval functions fairly and impartially;
* * * * *
(j) That it prohibits its employees or other individuals acting as
site evaluators, including, but not limited to, volunteer site
evaluators, from becoming employees or supervised providers of an
agency or person for at least one year after they have evaluated such
agency or person for accreditation or approval.
Sec. 96.7 [Amended]
0
7. Amend Sec. 96.7 as follows:
0
a. Remove the phrase ``and/or temporary accreditation'' in paragraph
(a)(1);
0
b. Remove the phrase ``, temporarily accredited agencies,'' in
paragraphs (a)(3), (a)(4) and (a)(7);
0
c. Remove both iterations of the phrase ``, temporarily accredited
agency,'' in paragraph (a)(5);
0
d. Remove the term ``Convention'' and add in its place the term
``intercountry adoption'' in paragraph (a)(8); and
0
e. Remove the phrase ``the regulations implementing the IAA'' and add
in its place the phrase ``the UAA, the regulations implementing the IAA
or UAA'' in paragraph (c).
Sec. 96.8 [Amended]
0
8. Amend Sec. 96.8 as follows:
0
a. Remove the term ``Convention'' and add in its place the term
``intercountry adoption'' in paragraph (a)(1);
0
b. Remove both iterations of the term ``Convention'' in paragraph
(b)(1);
0
c. Remove the phrase ``full Convention'' and ``; and'' and add a period
at the end in paragraph (b)(2); and
0
d. Remove paragraph (b)(3).
Sec. 96.9 [Amended]
0
9. Amend Sec. 96.9 by removing both iterations of the phrase ``,
temporary accreditation,'' in paragraph (b) and removing the phrase ``,
temporarily accredited agencies,'' in paragraph (c).
Sec. 96.10 [Amended]
0
10. Amend Sec. 96.10 as follows:
0
a. Remove the phrase ``the regulations implementing the IAA'' and add
in its place the phrase ``the UAA, the regulations implementing the IAA
or UAA'' in paragraph (a);
0
b. Remove the phrase ``or a temporarily accredited agency is
substantially out of compliance with the standards in Sec. 96.104'' in
paragraph (c)(1);
0
c. Remove the phrase ``, temporarily accredited agencies,'' in
paragraph (c)(7).
0
11. Amend Sec. 96.12 by revising paragraphs (a) introductory text,
(a)(1), (a)(3), and (c) to read as follows:
Sec. 96.12 Authorized adoption service providers.
(a) Except as provided in section 505(b) of the IAA (relating to
transitional cases), and once the UAA becomes effective, except as
provided in section 2(c) of the UAA (relating to transitional cases),
an agency or person may not offer, provide, or facilitate the provision
of any adoption service in the United States in connection with an
intercountry adoption unless it is:
(1) An accredited agency or an approved person;
* * * * *
(3) An exempted provider, if the exempted provider's home study or
child background study will be reviewed and approved by an accredited
agency pursuant to Sec. 96.47(c) or Sec. 96.53(b).
* * * * *
(c) Neither conferral nor maintenance of accreditation or approval,
nor status as an exempted or supervised provider, nor status as a
public domestic authority shall be construed to imply, warrant, or
establish that, in any specific case, an adoption service has been
provided consistently with the Convention, the IAA, the UAA, or the
regulations implementing the IAA or UAA. Conferral and maintenance of
accreditation or approval under this part establishes only that the
accrediting entity has concluded, in accordance with the standards and
procedures of this part, that the agency or person conducts adoption
services in substantial compliance with the applicable standards set
forth in this part; it is not a guarantee that in any specific case the
accredited agency or approved person is providing adoption services
consistently with the Convention, the IAA, the UAA, the regulations
implementing the IAA or UAA, or any other applicable law, whether
Federal, State, or foreign. Neither the Secretary nor any accrediting
entity shall be responsible for any acts of an accredited agency,
approved person, exempted provider, supervised provider, or other
entity providing services in connection with an intercountry adoption.
Sec. 96.13 [Amended]
0
12. Amend Sec. 96.13 as follows:
0
a. Remove the phrase ``temporary accreditation,'' and both iterations
of the phrase ``or temporarily accredited agency'' in paragraph (a);
0
b. Remove the phrase ``temporarily accredited,'' in paragraphs (b),
(c), and (d);
0
c. Remove the phrase ``temporarily accredited, or'' in paragraphs (b)
and (c);
0
d. Remove the phrase ``a Convention'' and add in its place the phrase
``an intercountry'' each of the four times it appears in paragraphs (b)
and (c); and
0
e. Remove the term ``Convention'' and add in its place the term
``foreign'' in two places in the first and second sentences of
paragraph (d).
Sec. 96.14 [Amended]
0
13. Amend Sec. 96.14 as follows:
0
a. Remove the phrases ``, temporary accreditation'', ``, a temporarily
accredited agency'', ``temporarily accredited agency'' and all three
iterations of the phrase ``, temporarily accredited agency,'' in
paragraph (a);
0
b. Remove the term ``Convention case'' and add in its place the term
``intercountry adoption case'' in paragraph (a);
0
c. Remove the term ``Convention'' and add in its place the term
``foreign'' in paragraphs (a)(2) through (4), (c), (c)(2), and (e);
0
d. Remove the phrase ``, and Sec. 96.104(g), in the case of
temporarily accredited agencies'' in paragraph (b);
0
e. Remove the phrase ``, temporarily accredited agency,'' in paragraphs
(b)(1);
0
f. Remove the phrase ``or temporarily accredited agency'' in paragraph
(b)(2); and
[[Page 40634]]
0
g. Remove the phrase ``, and Sec. 96.104(g) of subpart N, in the case
of temporarily accredited agencies'' in paragraph (c).
Sec. 96.15 [Amended]
0
14. Amend Sec. 96.15 as follows:
0
a. Remove both iterations of the term ``Convention'' and add in its
place the term ``foreign'' in Example 1;
0
b. Remove the phrase ``temporarily accredited,'' in each place it
occurs in Examples 1, 3, 4, 5, 6, 8, 9, 10, 11, and 12;
0
c. Remove the phrase ``a Convention'' and add in its place the phrase
``an intercountry'' in each place in Examples 2, 3, 4, 5, 6, and 7;
0
d. Remove the phrase ``this Convention'' and add in its place the
phrase ``this intercountry'' in Example 3;
0
e. Remove the term ``temporary accreditation,'' in Examples 5, and 6;
0
f. Remove the term ``Convention country'' and add in its place the term
``foreign country'' in Examples 7, 8, and 11;
0
g. Add the phrase ``or the UAA'' after ``requirements of the IAA'' in
Examples 8 and 9.
0
h. Remove the term ``Convention Country'' and add in its place the term
``Foreign Country'' in Examples 9 and 12;
0
i. Remove the term ``Convention'' and add in its place the term
``intercountry'' in Example 10; and
0
j. Remove the phrase ``is eventually disrupted'' and add in its place
the phrase ``eventually disrupts'' in Example 10.
0
15. Revise Sec. 96.16 to read as follws:
Sec. 96.16 Public domestic authorities.
Public domestic authorities are not required to become accredited
to be able to provide adoption services in intercountry adoption cases,
but must comply with the Convention, the IAA, the UAA, and other
applicable law when providing services in an intercountry adoption
case.
0
16. Revise Sec. 96.17 to read as follows:
Sec. 96.17 Effective date of accreditation and approval requirements.
The Convention entered into force for the United States on April 1,
2008. As of that date, the regulations in subpart C of this part govern
Convention adoptions between the United States and Convention
countries, and require agencies or persons providing adoption services
on behalf of prospective adoptive parent(s) to comply with Sec. 96.12
and applicable Federal regulations. The Secretary maintains for the
public a current listing of Convention countries. The effective date of
the UAA is July 14, 2014. As of that date, consistent with the UAA, the
regulations in subpart C of this part will govern adoptions of children
described in INA Sec. 101(b)(1)(F), and will require agencies or
persons providing adoption services on behalf of prospective adoptive
parent(s) in connection with a child described in section 101(b)(1)(F)
to comply with Sec. 96.12 and applicable Federal regulations.
0
17. Revise Sec. 96.18 to read as follows:
Sec. 96.18 Scope.
(a) Agencies are eligible to apply for ``accreditation.'' Persons
are eligible to apply for ``approval.'' Applications for accreditation
or approval will be processed in accordance with Sec. Sec. 96.19 and
96.20.
(b) If an agency or person is reapplying for accreditation or
approval following cancellation of its accreditation or approval by an
accrediting entity or refusal by an accrediting entity to renew its
accreditation or approval, it must comply with the procedures in Sec.
96.78.
(c) If an agency or person that has been accredited or approved is
seeking renewal, it must comply with the procedures in Sec. 96.63.
Sec. 96.19 [Removed]
0
18. Remove Sec. 96.19.
Sec. 96.20 [Redesignated as Sec. 96.19]
0
19. Redesignated Sec. 96.20 as Sec. 96.19.
Sec. 96.19 [Amended]
0
20. In newly redesignated Sec. 96.19, remove the second sentence in
paragraph (a).
Sec. 96.21 [Redesignated as Sec. 96.20]
0
21. Redesignate Sec. 96.21 as Sec. 96.20.
Sec. 96.21 [Reserved]
0
22. Add reserved Sec. 96.21.
0
23. Revise Sec. 96.23 to read as follows:
Sec. 96.23 Scope.
The provisions in this subpart govern the evaluation of agencies
and persons for accreditation or approval.
Sec. 96.25 [Amended]
0
24. Amend Sec. 96.25 as follows:
0
a. Add the phrase ``and cases subject to the UAA'' after the phrase
``Convention adoption case files'' in paragraph (b);
0
b. Add ``other'' before the term ``non-Convention cases'' in paragraph
(b);
0
c. Add the phrase ``not subject to the UAA'' before the phrase ``prior
to their inspection by the accrediting entity.'' in paragraph (b); and
0
d. Remove the phrase ``, temporarily accredited agency,'' in paragraph
(c).
Sec. 96.27 [Amended]
0
25. Amend Sec. 96.27 as follows:
0
a. Remove the term ``Convention'' in the last sentence of paragraph
(c);
0
b. Remove the phrase ``temporarily accredited'' in paragraph (d);
0
c. Remove the phrase ``and the IAA'' and add in its place the phrase
``, the IAA, and the UAA'' in paragraphs (d) and (g);
0
d. Remove the phrase ``has had its temporary accreditation withdrawn,''
in paragraph (e); and
0
e. Remove the term ``Convention cases'' and add in its place the term
``intercountry adoption cases'' in paragraph (g).
Subpart F--Standards for Intercountry Adoption Accreditation and
Approval
0
26. Revise the Subpart F heading to read as set forth above.
0
27. Revise Sec. 96.29 to read as follows:
Sec. 96.29 Scope.
The provisions in this subpart provide the standards for
accrediting agencies and approving persons.
Sec. 96.30 [Amended]
0
28. Amend Sec. 96.30 by removing the term ``Convention'' and adding in
its place the term ``foreign'' in paragraph (d).
Sec. 96.31 [Amended]
0
29. Amend Sec. 96.31 by adding ``qualifies'' before the phrase ``for
nonprofit status'' in paragraph (a).
Sec. 96.33 [Amended]
0
30. Amend Sec. 96.33 by removing both iterations of the term
``Convention cases'' and adding in their places the term ``intercountry
adoption cases'' in paragraph (e) and removing the phrase ``Convention-
related'' and adding in its place the phrase ``intercountry adoption-
related'' in paragraph (g).
Sec. 96.37 [Amended]
0
31. Amend Sec. 96.37 as follows:
0
a. Remove the phrase ``a Convention adoption'' and add in its place the
phrase ``an intercountry adoption'' in paragraph (a);
0
b. Remove the term ``INA'' in paragraph (f)(2); and
0
c. Remove the citation ``8 CFR 204.3(b)'' and add in its place the
citation ``8 CFR 204.301'' in paragraph (f)(2).
Sec. 96.38 [Amended]
0
32. Amend Sec. 96.38 as follows:
[[Page 40635]]
0
a. Remove the phrase ``the regulations implementing the IAA'' and add
in its place the phrase ``the UAA, the regulations implementing the IAA
or UAA'' in paragraph (a)(1);
0
b. Remove the phrase ``adopted from a Convention country'' and add in
its place the phrase ``described in INA 101(b)(1)(F) and 101(b)(1)(G)''
in paragraph (a)(2);
0
c. Remove the term ``Convention country'' and add in its place the term
``foreign country'' in paragraph (a)(3); and
0
d. Remove the phrase ``and the IAA'' and add in its place the phrase
``, the IAA, and the UAA'' in paragraph (d).
Sec. 96.40 [Amended]
0
33. Amend Sec. 96.40 as follows:
0
a. Remove the term ``a Convention adoption'' and add in its place the
term ``an intercountry adoption'' in paragraph (b);
0
b. Remove the term ``Convention country'' and add in its place the term
``country of origin'' in paragraphs (b)(3), (5), and (6);
0
c. Remove the term ``Convention'' before ``court documents'' in
paragraph (b)(5);
0
d. Remove the term ``Convention countries'' and add in its place the
term ``foreign countries'' in paragraph (f); and
0
e. Remove the term ``Convention country'' and add in its place the term
``foreign country'' in paragraphs (f), (g), and (g)(3).
Sec. 96.41 [Amended]
0
34. Amend Sec. 96.41 by removing the phrase ``or the regulations
implementing the IAA'' and adding in its place the phrase ``the UAA, or
the regulations implementing the IAA or UAA'' in paragraph (b).
Sec. 96.42 [Amended]
0
35. Amend Sec. 96.42 by removing the phrase ``under the Convention''
and adding in its place the phrase ``in intercountry adoption cases''
in paragraph (d).
Sec. 96.43 [Amended]
0
36. Amend Sec. 96.43 as follows:
0
a. Remove the term ``intercountry'' and add in its place the phrase
``Convention and non-Convention'' in paragraphs (b)(1) and (b)(2);
0
b. Remove the phrase ``in both Convention and non-Convention cases'' in
paragraphs (b)(1) and (b)(2);
0
c. Remove the phrase ``Convention country or other'' and add in its
place the term ``foreign'' in paragraph (b)(1)(i);
0
d. Remove the phrase ``, Convention country, or other'' and add in its
place the phrase ``or foreign'' in paragraphs (b)(1)(iii) and
(b)(2)(iii);
0
e. Remove the phrase ``Convention country or other'' and add in its
place the term ``foreign'' in paragraph (b)(2)(ii);
0
f. Remove the phrase ``a Convention'' and add in its place the phrase
``an intercountry'' in paragraphs (b)(3), (b)(4) and (b)(5);
0
g. Remove the term ``Convention'' and add in its place the term
``foreign'' in paragraphs (b)(3)(i) and (b)(4)(i); and
0
h. Remove the term'' Convention adoptions'' and add in its place the
term ``intercountry adoptions'' in paragraph (b)(6).
Sec. 96.44 [Amended]
0
37. Amend Sec. 96.44 by removing the term ``Convention'' and adding in
its place the term ``intercountry'' in paragraph (b).
Sec. 96.46 [Amended]
0
38. Amend Sec. 96.46 as follows:
0
a. Remove the term ``Convention'' and add in its place the term
``foreign'' in the section heading, and in paragraphs (a), (a)(1),
(a)(3), (a)(5), and (b); and
0
b. Add the phrase ``or the Convention's principles of ensuring that
intercountry adoptions take place in the best interests of children and
preventing the abduction, exploitation, sale, or trafficking of
children'' after the phrase ``germane to the Convention'' in paragraph
(a)(4).
Sec. 96.47 [Amended]
0
39. Amend Sec. 96.47 as follows:
0
a. Remove the citation ``8 CFR 204.3(e)'' and add in its place the
citation ``8 CFR 204.311'' in paragraphs (a)(4), (b), and (c)(1);
0
b. Remove both iterations of the phrase ``or temporarily accredited
agency'' in paragraph (c); and
0
c. Remove the citation ``8 CFR 204.3(b)'' and add in its place the
citation ``8 CFR 204.301'' in paragraph (c)(2).
Sec. 96.48 [Amended]
0
40. Amend Sec. 96.48 by removing the term ``Convention'' and adding in
its place the term ``foreign'' in paragraph (b)(1) and removing the
term ``Convention'' and adding in its place the term ``intercountry''
in paragraph (b)(8).
Sec. 96.49 [Amended]
0
41. Amend Sec. 96.49 by removing the term ``Convention'' and adding in
its place the term ``foreign'' in paragraphs (a), (d)(1), and (d)(2).
Sec. 96.50 [Amended]
0
42. Amend Sec. 96.50 by removing both iterations of the term
``Convention'' and adding in place of them the term ``foreign'' in
paragraph (g) and adding the phrase ``in Convention adoptions is''
before the phrase ``entered in compliance with'' in paragraph (h)(1).
Sec. 96.52 [Amended]
0
43. Amend Sec. 96.52 as follows:
0
a. Remove the term ``Convention'' and add in its place the term
``foreign'' in paragraphs (a), (b), and (c);
0
b. Remove the phrase ``a Convention'' and add in its place the phrase
``an intercountry'' in paragraph (e); and
0
c. Remove the phrase ``or any regulations implementing the IAA'' and
add in its place the phrase ``the UAA, or any regulations implementing
the IAA or UAA'' in paragraph (e).
0
44. Revise the undesignated center heading above Sec. 96.53 to read as
follows:
* * * * *
Standards for Convention Cases in Which a Child Is Emigrating From the
United States (Outgoing Cases)
* * * * *
Sec. 96.53 [Amended]
0
45. Amend Sec. 96.53 by adding the term ``Convention'' before
``cases'' in the section heading and removing both iterations of the
phrase ``or temporarily accredited agency'' in paragraph (b).
Sec. 96.54 [Amended]
0
46. Amend Sec. 96.54 by adding the term ``Convention'' before the term
``cases'' in the section heading.
Sec. 96.55 [Amended]
0
47. Amend Sec. 96.55 by adding the term ``Convention'' before the term
``cases'' in the section heading.
0
48. Revise Sec. 96.57 to read as follows:
Sec. 96.57 Scope.
The provisions in this subpart establish the procedures for when
the accrediting entity issues decisions on applications for
accreditation or approval.
0
49. Revise Sec. 96.58 to read as follows:
Sec. 96.58 Notification of accreditation and approval decisions.
(a) The accrediting entity must routinely inform applicants in
writing of its accreditation and approval decisions--whether an
application has been granted or denied--as those decisions are
finalized. The accrediting entity must routinely provide this
information to the Secretary in writing.
(b) The accrediting entity may, in its discretion, communicate with
agencies and persons that have applied for accreditation or approval
about the
[[Page 40636]]
status of their pending applications to afford them an opportunity to
correct deficiencies that may hinder or prevent accreditation or
approval.
0
50. Revise Sec. 96.60 to read as follows:
Sec. 96.60 Length of accreditation or approval period.
The accrediting entity will accredit or approve an agency or person
for a period of four years. The accreditation or approval period will
commence on the date that the agency or person is granted accreditation
or approval.
Sec. 96.62 [Amended]
0
51. Amend Sec. 96.62 by removing the second sentence.
Sec. 96.63 [Amended]
0
52. Amend Sec. 96.63 by removing both iterations of the term
``Convention'' and adding in their places the term ``intercountry
adoption'' in paragraph (a).
Sec. 96.65 [Amended]
0
53. Amend Sec. 96.65 by removing the second and third sentences.
Sec. 96.68 [Amended]
0
54. Amend Sec. 96.68 by removing the phrase ``or the regulations
implementing the IAA'' and adding in its place the phrase ``the UAA, or
the regulations implementing the IAA or UAA'' and removing the last
sentence.
Sec. 96.69 [Amended]
0
55. Amend Sec. 96.69 by removing the term ``Convention adoption'' and
adding in its place the term ``intercountry adoption'' in paragraphs
(b) and (c).
Sec. 96.70 [Amended]
0
56. Amend Sec. 96.70 by removing the phrase ``temporarily accredited
agencies, and'' and by adding the phrase ``, and agencies temporarily
accredited for one or two years after the Convention entered into
force'' after the term ``approved persons'' in paragraph (b)(1).
Sec. 96.71 [Amended]
0
57. Amend Sec. 96.71 by removing the phrase ``or the regulations
implementing the IAA'' and adding in its place the phrase ``the UAA, or
the regulations implementing the IAA or UAA'' in paragraph (b).
Sec. 96.74 [Amended]
0
58. Amend Sec. 96.74 by removing the second and third sentences.
Sec. 96.75 [Amended]
0
59. Amend Sec. 96.75 by adding ``, the UAA,'' after ``IAA'' in the
introductory text and removing the term ``Convention'' and adding in
its place the term ``foreign'' in paragraph (e).
Sec. 96.77 [Amended]
0
60. Amend Sec. 96.77 by removing all six iterations of the term
``Convention cases'' and both iterations of the term ``Convention
adoption cases'' adding in their places the term ``intercountry
adoption cases'' in paragraphs (b) and (c).
Sec. 96.81 [Amended]
0
61. Amend Sec. 96.81 by removing the last two sentences.
Sec. 96.83 [Amended]
0
62. Amend Sec. 96.83 by removing the phrase ``under the Convention''
in paragraph (b)(3).
Sec. 96.87 [Amended]
0
63. Amend Sec. 96.87 by removing both iterations of the term
``Convention cases'' and both iterations of the term ``Convention
adoption cases'' adding in their places the term ``intercountry
adoption cases''.
Sec. 96.90 [Amended]
0
64. Amend Sec. 96.90 by removing the second sentence.
Sec. 96.91 [Amended]
0
65. Amend Sec. 96.91 as follows:
0
a. Remove the phrase ``Once the Convention has entered into force for
the United States'' in paragraphs (a) and (b);
0
b. Remove the phrase ``withdrawal of temporary accreditation,'' in
paragraph (a)(3); and
0
c. Remove the phrase ``a withdrawal of temporary accreditation,'' in
paragraph (b)(2).
Sec. 96.92 [Amended]
0
66. Amend Sec. 96.92 by removing the phrase ``Once the Convention has
entered into force for the United States'' in the introductory text.
Sec. 96.93 [Amended]
0
67. Amend Sec. 96.93 as follows:
0
a. Remove the phrase ``and any withdrawals of temporary accreditation''
in paragraph (a)(3);
0
b. Remove the term ``Convention'' and add in its place the term
``intercountry adoption'' in paragraph (b)(2); and
0
c. Remove the phrase ``or withdraws an agency's temporary
accreditation'' in paragraph (c)(3).
Subpart N [Removed]
0
68. Remove subpart N, consisting of Sec. Sec. 96.95 through 96.111.
Dated: July 7, 2014.
Michele T. Bond,
Acting Assistant Secretary for Consular Affairs, U.S. Department of
State.
[FR Doc. 2014-16294 Filed 7-11-14; 8:45 am]
BILLING CODE 4710-06-P
