Memorandum of Agreement Between the U.S. Department of State Bureau of Consular Affairs and the Council on Accreditation, 47231-47234 [2016-17143]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Notices]
[Pages 47231-47234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17143]


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DEPARTMENT OF STATE

[Public Notice: 9640]


Memorandum of Agreement Between the U.S. Department of State 
Bureau of Consular Affairs and the Council on Accreditation

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Department of State (the Department) is the lead Federal 
agency for implementation of the 1993 Hague Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption (the 
Convention), the Intercountry Adoption Act of 2000 (IAA), and the 
Intercountry Adoption Universal Accreditation Act of 2012 (UAA). Among 
other things, the IAA and UAA give the Secretary of State 
responsibility, by entering into agreements with one or more qualified 
entities and designating such entities as accrediting entities, for the 
accreditation of agencies and approval of persons to provide adoption 
services in intercountry adoptions. This notice is to inform the public 
that on July 11, 2016, the Department entered into an agreement with 
the Council on Accreditation (COA) designating COA as an accrediting 
entity (AE) for an additional five years.
    The Memorandum of Agreement between the U.S. Department of State 
Bureau of Consular Affairs and the Council on Accreditation (2016 MOA) 
remains largely consistent with the terms of the MOA signed on July 12, 
2006 by Maura Harty, Assistant Secretary for Consular Affairs, U.S. 
Department of State and signed on July 6, 2006 by Richard Klarberg, 
President and Chief Executive Officer, COA. However, the 2016 MOA has 
been updated to reflect enactment of the UAA and to remove obsolete 
references, while further refining the role and responsibilities of the 
accrediting entity and taking into account subsequent updates to the 
intercountry adoption accreditation regulations in 22 CFR part 96. The 
text of the 2016 MOA is included in its entirety at the end of this 
Notice.

FOR FURTHER INFORMATION CONTACT: Valerie Barlow at 202-485-6347. 
Hearing or speech-impaired persons may use the Telecommunications 
Devices for the Deaf (TDD) by contacting the Federal Information Relay 
Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The Department, pursuant to section 202(a) 
of the IAA, must enter into an agreement with at least one qualified 
entity and designate it as an accrediting entity. Accrediting entities 
may be (1) nonprofit private entities with expertise in developing and 
administering standards for entities providing child welfare services; 
or (2) state adoption licensing bodies that have expertise in 
developing and administering standards for entities providing child 
welfare services and that accredit only agencies located in that state. 
Both nonprofit accrediting entities and state accrediting entities must 
meet any other criteria that the Department may by regulation 
establish. COA is a nonprofit private entity with expertise in 
developing and administering standards for entities providing child 
welfare services throughout the United States.
    The final rule on accreditation of agencies and approval of persons 
(22 CFR part 96) was published in the Federal Register (71 FR 8064-
8066, February 15, 2006) and became effective on March 17, 2006. The 
final rule establishes the regulatory framework for the accreditation 
and approval function and provides the standards that the designated 
accrediting entities will follow in accrediting or approving adoption 
service providers. Under the UAA, adoption service providers working 
with prospective adoptive parents in non-Convention adoption cases need 
to comply with the same accreditation requirement and standards that 
apply in Convention adoption cases.
    Through the Department's ongoing monitoring and oversight of COA, 
which includes an annual performance review, the Department observed 
that COA's performance of its duties as an accrediting entity is in 
substantial compliance with the IAA, UAA and regulations set forth in 
Title 22 of the Code of Federal Regulations, part 96. Therefore, the 
Department has renewed the designation of COA as an AE.

Memorandum of Agreement Between the Department of State Bureau of 
Consular Affairs and the Council on Accreditation

Parties & Purpose of the Agreement

    The Department of State, Bureau of Consular Affairs (Department), 
and the Council on Accreditation (COA), with its principal office 
located at 45 Broadway, 29th floor, New York, NY

[[Page 47232]]

10006, hereinafter the ``Parties,'' are entering into this agreement 
for the purpose of designating COA as an accrediting entity under the 
Intercountry Adoption Act of 2000 (IAA), Public Law 106-279, and 22 CFR 
part 96.

Authorities

    The Department enters into this agreement pursuant to Sections 202 
and 204 of the IAA, 22 CFR part 96, and Delegation of Authority 261. 
COA has full authority to enter into this MOA pursuant to a resolution 
passed by its Board of Trustees dated July 6, 2016, which resolution 
authorizes Richard Klarberg as its President & CEO to execute this 
agreement on behalf of COA.

Definitions

    For purposes of this memorandum of agreement, terms used here that 
are defined in 22 CFR 96.2 shall have the same meaning as they have in 
22 CFR 96.2.
    The Parties AGREE AS FOLLOWS:

Article 1

Designation of the Accrediting Entity

    The Department hereby designates COA as an accrediting entity and 
thereby authorizes it to accredit agencies and approve persons to 
provide adoption services in intercountry adoption cases, in accordance 
with the procedures and standards set forth in 22 CFR part 96, and to 
perform all of the accrediting entity functions set forth in 22 CFR 
96.7(a).

Article 2

Accreditation Responsibilities and Duties of the Accrediting Entity

    (1) COA agrees to perform all accrediting entity functions set 
forth in 22 CFR 96.7(a) and to perform its functions in accordance with 
the Convention, the IAA, the Intercountry Adoption Universal 
Accreditation Act of 2012 (UAA), Public Law 112-276, Part 96 of 22 CFR, 
and any other applicable regulations, and as additionally specified in 
this agreement. In performing these functions, COA will operate under 
policy direction from the Department regarding U.S. obligations under 
the Convention and regarding the functions and responsibilities of an 
accrediting entity under the IAA, UAA, and any other applicable 
regulations.
    (2) COA will take appropriate staffing, funding, and other measures 
to allow it to carry out all of its functions and fulfill all of its 
responsibilities, and will use the adoptions tracking system and the 
Complaint Registry (ATS/CR) as directed by the Department, including by 
updating required data fields in a timely fashion.
    (3) In carrying out its accrediting entity functions COA will:
    (a) Make decisions on accreditation and approval in accordance with 
the procedures set forth in 22 CFR part 96 and using only the standards 
in subpart F of 22 CFR part 96 and the substantial compliance weighting 
system approved by the Department pursuant to para. 5, Article 3 below;
    (b) charge applicants for accreditation or approval only fees 
approved by the Department pursuant to para. 4, Article 3 below;
    (c) review complaints, including complaints regarding conduct 
alleged to have occurred overseas, in accordance with subpart J of 22 
CFR part 96 and the additional procedures approved by the Department 
pursuant to paragraphs 3(c) and 3(d) in Article 3, below. COA will 
exercise its discretion in determining which methods are most 
appropriate to review complaints regarding conduct alleged to have 
occurred overseas. This may, when appropriate, include a referral to 
the Department and/or other appropriate law enforcement authorities for 
potential investigation of complaints relating to possible civil or 
criminal violation of IAA section 404 or other possible criminal 
activity;
    (d) take adverse actions against accredited agencies and approved 
persons in accordance with subpart K of 22 CFR part 96, and cooperate 
with the Department in any case in which the Department considers 
exercising its adverse action authorities because the accrediting 
entity has failed or refused after consultation with the Department to 
take what the Department considers to be appropriate enforcement 
action;
    (e) assume full responsibility for defending adverse actions in 
court proceedings, if challenged by the adoption service provider or 
the adoption service provider's board or officers;
    (f) refer an adoption service provider to the Department for 
debarment if, but only if, it concludes after review that the adoption 
service provider's conduct meets the standards for action by the 
Secretary set out in 22 CFR 96.85;
    (g) promptly report any change in the accreditation or approval 
status of an adoption service provider to the relevant state licensing 
authority;
    (h) maintain and use only the required procedures approved by the 
Department and those procedures presented to the Department pursuant to 
Article 3 of this agreement whenever they apply;
    (i) COA may consult with the Department, when needed, to solicit 
greater clarity regarding the meaning of relevant laws and regulations.

Article 3

Training, Procedures, and Fees

    (1) Accreditation Materials and Training: In coordination with the 
Department and any other designated accrediting entities, COA will:
    (a) Maintain forms, training materials, and evaluation practices;
    (b) assist in conducting or participate in any joint training 
sessions;
    (c) develop and maintain resources to assist applicants for 
accreditation and approval in achieving substantial compliance with the 
applicable standards.
    (2) Internal Review Procedure: COA will maintain procedures that 
have been approved by the Department and use these procedures to 
determine whether to terminate adverse actions against an accredited 
agency or approved person on the grounds that the deficiencies 
necessitating the adverse action have been corrected.
    (3) Other Procedures: COA will maintain procedures approved by the 
Department and update these, subject to the Department's approval, as 
needed:
    (a) To evaluate whether a candidate for accreditation meets the 
applicable eligibility requirements set forth in 22 CFR part 96;
    (b) to carry out its annual monitoring duties;
    (c) to review complaints or information referred to it through the 
Complaint Registry or from the Department directly;
    (d) to review complaints that it receives about its own actions as 
an accrediting entity for adoption service providers;
    (e) to make the public disclosures required by 22 CFR 96.91; and
    (f) to ensure the reasonableness of charges for the travel and 
maintenance of its site evaluators, such as for travel, meals, and 
accommodations, which charges shall be in addition to the fees charged 
under 22 CFR 96.8.
    (4) Fee Schedule:
    (a) COA will maintain a fee schedule for accreditation and approval 
services that meets the requirements of 22 CFR 96, and update these, 
subject to approval by the Department. Fees will be set based on the 
principle of recovering no more than the full cost, as defined in OMB 
Circular A-25 paragraph 6(d)(1), of accreditation and approval 
services. COA will maintain a fee schedule developed using this 
methodology together with

[[Page 47233]]

comprehensive documentation, and will provide justification of the 
proposed fees to the Department for the Department's approval.
    (b) The approved fee schedule can be amended with the approval of 
the Department.
    (5) Substantial Compliance Weighting Systems:
    (a) COA will maintain and update a substantial compliance weighting 
system as described in 22 CFR 96 and as approved by the Department.
    (b) In maintaining the systems described in paragraph (a) of this 
section, COA will coordinate with any other accrediting entities, and 
consult with the Department to ensure consistency between the systems 
used by accrediting entities. These systems can be amended with the 
approval of the Department.

Article 4

Data Collection, Reporting and Records

    (1) Adoptions Tracking System/Complaint Registry (ATS/CR):
    (a) COA will maintain and fund a computer and internet connection 
for use with the ATS/CR that meets system requirements set by the 
Department;
    (b) The Department will provide software or access tokens needed by 
individuals for secure access to the ATS/CR and facilitate any 
necessary training for use of the ATS/CR.
    (2) Annual Report: COA will report on dates agreed upon by the 
Parties, in a mutually agreed upon format, the information required in 
22 CFR 96.93 as provided in that section through ATS/CR.
    (3) Additional Reporting: COA will provide any additional status 
reports or data as reasonably required by the Department, and in a 
mutually agreed upon format.
    (4) Accrediting Entity Records: COA will retain all records related 
to its accreditation functions and responsibilities in printed or 
electronic form in accordance with the electronic recordkeeping policy 
that applies to Federal acquisition contracts under Federal Acquisition 
Regulation 4.703 for a minimum of six years after their creation, or 
until any litigation, claim, or audit related to the records filed or 
noticed within the six-year period is finally terminated, whichever is 
longer.

Article 5

Department Oversight and Monitoring

    (1) To facilitate oversight and monitoring by the Department, COA 
will:
    (a) Provide copies of its forms and other materials to the 
Department and give Department personnel the opportunity to participate 
in any training sessions for its evaluators or other personnel;
    (b) allow the Department to inspect all records relating to its 
accreditation functions and responsibilities and provide to the 
Department copies of such records as requested or required for 
oversight, including to evaluate renewal or maintenance of the 
accrediting entity's designation, and for purposes of transferring 
adoption service providers to another accrediting entity;
    (c) submit to the Department by a date agreed upon by the Parties 
an annual declaration signed by the President and Chief Executive 
Officer confirming that COA is complying with the IAA, UAA, 22 CFR part 
96, any other applicable regulations, and this agreement in carrying 
out its functions and responsibilities;
    (d) make appropriate senior-level officers available to attend a 
yearly performance review meeting with the Department;
    (e) immediately report to the Department events that have a 
significant impact on its ability to perform its functions and 
responsibilities as an accrediting entity, including financial 
difficulties, changes in key personnel or other staffing issues, legal 
or disciplinary actions against the organization, and conflicts of 
interest;
    (f) notify the Department of any requests for information relating 
to its role as an accrediting entity under the IAA and UAA or 
Department functions or responsibilities that it receives from Central 
Authorities of other countries that are party to the Convention, or any 
other competent authority (except for routine requests concerning 
accreditation, temporary accreditation, or approval status or other 
information publicly available under subpart M of Part 96), and consult 
with the Department before releasing such information;
    (g) consult immediately with the Department about any issue or 
event that may affect compliance with the IAA, UAA, or U.S. compliance 
with obligations under the Convention.
    (2) Departmental Approval Procedures: In all instances in which the 
Department must approve a policy, system, fee schedule, or procedure 
before COA can bring it into effect or amend it, COA will submit the 
policy, system, fee schedule, or procedure or amendment in writing to 
the Department's AE Liaison via email where possible. The AE Liaison 
will coordinate the Department's approval process and arranging any 
necessary meetings or telephone conferences with COA. Formal approval 
by the Department will be expeditiously conveyed in writing by the 
Deputy Assistant Secretary for Overseas Citizens Services or her or his 
designee.
    (3) Suspension or Cancellation: When the Department is considering 
suspension or cancellation of COA's designation:
    (a) The Department will notify COA in writing of the identified 
deficiencies in its performance and the time period in which the 
Department expects correction of the deficiencies;
    (b) COA will respond in writing to either explain the actions that 
it has taken or plans to take to correct the deficiencies or to 
demonstrate that the Department's concerns are unfounded within 10 
business days;
    (c) upon request, the Department also will meet with the 
accrediting entity by teleconference or in person;
    (d) if the Department, in its sole discretion, is not satisfied 
with the actions or explanation of COA, it will notify COA in writing 
of its decision to suspend or cancel COA's designation and this 
agreement;
    (e) COA will stop or suspend its actions as an accrediting entity 
as directed by the Department in the notice of suspension or 
cancellation, and cooperate with any Departmental instructions in order 
to transfer adoption service providers it accredits (including 
temporarily accredits) or approves to another accrediting entity, 
including by transferring fees collected by COA for services not yet 
performed.
    (4) COA will follow its procedures for reviewing complaints against 
COA received by the Department or referred to the Department because 
the complainant was not satisfied with COA's resolution of the 
complaint. These complaint procedures may be incorporated into the 
Department's general procedures for handling instances in which the 
Department is considering whether a deficiency in the accrediting 
entity's performance may warrant suspension or cancellation of its 
designation.

Article 6

Other Issues Agreed by the Parties

    (1) Conflict of interest provisions:
    (a) COA shall disclose to the Department the name of any 
organization of which it is a member that also has as members 
intercountry adoption service providers. COA shall demonstrate to the 
Department that it has procedures in place to prevent any such 
membership from influencing its actions as an accrediting entity and

[[Page 47234]]

shall maintain and use these procedures.
    (b) COA shall identify for the Department all members of its board 
of directors or other governing body, employees, and site evaluators 
who also serve as officers, directors, employees, or owners of adoption 
service providers. COA shall demonstrate it has procedures in place to 
ensure that any such relationships will not influence any accreditation 
or approval decisions, and shall maintain and use these procedures.
    (c) COA shall disclose to the Department any other situation or 
circumstance that may create the appearance of a conflict of interest.
    (2) Liability: COA agrees to maintain sufficient resources to 
defend challenges to its actions as an accrediting entity, including by 
maintaining liability insurance for its actions as an accrediting 
entity brought by agencies and/or persons seeking to be accredited or 
approved or who are accredited or approved, and to inform the 
Department immediately of any events that may affect its ability to 
defend itself (e.g., change in or loss of insurance coverage, change in 
relevant state law). COA agrees that it will consult with the 
Department immediately if it becomes aware of any other legal 
proceedings related to its acts as an accrediting entity, or of any 
legal proceedings not related to its acts as an accrediting entity that 
may threaten its ability to continue to function as an accrediting 
entity.

Article 7

Liaison Between the Department and the Accrediting Entity

    (1) COA's principal point of contact for communications relating to 
its functions and duties as an accrediting entity will be the Director 
of Intercountry Adoption Accreditation. The Department's principal 
point of contact for communication is the Accrediting Entity Liaison 
officer in the Office of Children's Issues, Office of Overseas Citizens 
Services, Bureau of Consular Affairs, U.S. Department of State.
    (2) The parties will keep each other currently informed in writing 
of the names and contact information for their principal points of 
contact. As of the signing of this Agreement, the respective principal 
points of contact are as set forth in Attachment 1.

Article 8

Certifications and Assurances

    (1) COA certifies that it will comply with all requirements of 
applicable State and Federal law.

Article 9

Agreement, Scope, and Period of Performance

    (1) Scope:
    (a) This agreement is not intended to have any effect on any 
activities of COA that are not related to its functions as an 
accrediting entity for adoption service providers providing adoption 
services in intercountry adoptions.
    (b) Nothing in this agreement shall be deemed to be a commitment or 
obligation to provide any Federal funds.
    (c) All accrediting entity functions and responsibilities 
authorized by this agreement are to occur only during the duration of 
this agreement.
    (d) Nothing in this agreement shall release COA from any legal 
requirements or responsibilities imposed on the accrediting entity by 
the IAA, UAA, 22 CFR part 96, or any other applicable laws or 
regulations.
    (2) Duration: COA's designation as an accrediting entity and this 
agreement shall remain in effect for five years from signature, unless 
terminated earlier by the Department in conjunction with the suspension 
or cancellation of the designation of COA. The Parties may agree 
mutually in writing to extend the designation of the accrediting entity 
and the duration of this agreement. If either Party does not wish to 
renew the agreement, it must provide written notice no less than one 
year prior to the termination date, and the Parties will consult to 
establish a mutually agreed schedule to transfer adoption service 
providers to another accrediting entity, including by transferring a 
reasonable allocation of collected fees for the remainder of the 
accreditation or approval period of such adoption service providers.
    (3) Changed Circumstances: If unforeseen circumstances arise that 
will render COA unable to continue to perform its duties as an 
Accrediting Entity, COA will immediately inform the Department of 
State. The Parties will consult and make an effort to find a solution 
that will enable COA to continue to perform until the end of the 
contract period. If no such solution can be reached, the contract may 
be terminated on a mutually agreed date or, if mutual agreement cannot 
be reached, on not less than 14 months written notice from COA.
    (4) Severability: To the extent that the Department determines, 
within its reasonable discretion, that any provision of this agreement 
is inconsistent with the Convention, the IAA, the UAA, the regulations 
implementing the IAA and UAA, or any other provision of law, that 
provision of the agreement shall be considered null and void and the 
remainder of the agreement shall continue in full force and effect as 
if the offending portion had not been a part of it.
    (5) Entirety of Agreement: This agreement is the entire agreement 
of the Parties and may be modified only upon written agreement of the 
Parties.

    Dated: July 11, 2016.
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, U.S. Department of State.
[FR Doc. 2016-17143 Filed 7-19-16; 8:45 am]
 BILLING CODE 4710-06-P