[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50195-50196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20402]


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DEPARTMENT OF STATE

22 CFR Part 96

[Public Notice 9228]
RIN 1400-AD82


Intercountry Adoptions: Regulatory Change To Prevent 
Accreditation and Approval Renewal Requests From Coming Due at the Same 
Time

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of State (Department) 
regulation on the accreditation and approval of adoption service 
providers in intercountry adoptions. Most agencies and persons 
currently accredited received that accreditation at approximately the 
same time, which has resulted in a surge of concurrent renewal 
applications for consideration by the Council on Accreditation (COA), 
the designated accrediting entity. Permitting some agencies or persons 
to qualify for an extension by one year of the accreditation or 
approval period will result in a more even distribution of applications 
for renewal in a given year. By distributing renewals, and the 
resources needed to process them, COA will be further enabled to 
effectively and consistently carry out its other functions.

DATES: Effective September 18, 2015.

FOR FURTHER INFORMATION CONTACT: Carine Rosalia, 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 amends procedural aspects of the Intercountry Adoption 
Accreditation Regulations concerning the length of accreditation or 
approval found in 22 CFR part 96. Subpart G governs decisions on 
applications for accreditation and approval. Section 96.60 provides for 
accreditation or approval for a period of four years. Section 96.60 
does not currently provide the opportunity to stagger the renewal 
applications, which results in many renewal applications coming due at 
the same time.
    This rule aids the accrediting entity in managing its workload. In 
particular, the amendments to this section will allow for a one-year 
extension of previously-granted accreditation or approval, not to 
exceed five years total, based on criteria included in the rule, and 
summarized here.
    The final rule establishes criteria for selecting which agencies or 
persons are eligible for the one-year extension. As a threshold matter, 
only agencies and persons that have no pending adoption-related 
complaint investigations or adverse actions will be eligible for an 
extension under this procedure. Also, those entities that have 
undergone a change in corporate or internal structure (such as a merger 
or a leadership change in chief executive or chief financial officer) 
since their initial accreditation/approval or last renewal will not 
qualify for an extension under this procedure. If the agency or person 
meets the threshold criteria, in order to ensure that the extension 
achieves its purpose of staggering renewals thereafter, the Secretary 
in his discretion may consider additional factors including, but not 
limited to, the agency's or person's volume of intercountry adoption 
cases in the year preceding the application for renewal or extension, 
the agency's or person's U.S. state licensure record, and the number of 
extensions available.
    Since the President signed into law the Intercountry Adoption 
Universal Accreditation Act of 2012, approximately 40 new agencies 
received accreditation, all in the same year. The resulting surge in 
the number of agencies requiring review in certain years argued 
strongly for establishing a mechanism that would allow COA to better 
manage the distribution of renewals. The procedure outlined in this 
rulemaking allows a more even

[[Page 50196]]

distribution of the number of renewals an accrediting entity must 
review in a given year.

Administrative Procedure Act

    The Department published this rule as a notice of proposed 
rulemaking on June 10, 2015, with a 30-day period for public comments. 
See 80 FR 32869. The Department received no comments on the rulemaking.

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 does not have a 
significant economic impact on a substantial number of small entities. 
For the small business entities affected by the amended rule, the cost 
is neutral because it does not change the cost per year of 
accreditation or renewal, but only potentially the year in which 
renewal takes place.

Unfunded Mandates Reform Act of 1995

    This rulemaking is not affected by the provisions of section 202 of 
the Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1532).

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).

Executive Order 12866

    The Department of State has reviewed this 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 under the 
Executive Order. The rule does not add any new legal requirements to 
Part 96; it merely adds administrative flexibility to the work of the 
Department-designated accrediting entity.

Executive Orders 12372 and 13132: Federalism

    This rule does not have a substantial direct effect 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 does it have federalism implications warranting the 
application of Executive Orders 12372 and No. 13132.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the rule 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 it is consistent with 
the guidance therein.

Paperwork Reduction Act

    This rule does not impose or revise 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. The authority citation for part 96 continues 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)); 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 Sec.  96.60 to read as follows:


Sec.  96.60  Length of accreditation or approval period.

    (a) The accrediting entity will accredit or approve an agency or 
person for a period of four years, except as provided in paragraph (b) 
of this section. The accreditation or approval period will commence on 
the date that the agency or person is granted accreditation or 
approval.
    (b) In order to stagger the renewal requests from agencies and 
persons applying for accreditation or approval and to prevent the 
renewal requests from coming due at the same time, the accrediting 
entity may extend the period of accreditation it has previously granted 
for no more than one year and such that the total period of 
accreditation does not exceed five years, as long as the agency or 
person remains in substantial compliance with the applicable standards 
in subpart F of this part. The only agencies and persons that may 
qualify for an extension are: Those that have no pending Complaint 
Registry investigations or adverse actions (see Sec.  96.70); and those 
that have not undergone a change in corporate or internal structure 
(such as a merger or change in chief executive or financial officer) 
during their current accreditation or approval period. For agencies and 
persons that meet these two criteria, the Secretary, in his or her 
discretion, may consider additional factors in deciding upon an 
extension including, but not limited to, the agency's or person's 
volume of intercountry adoption cases in the year preceding the 
application for renewal or extension, the agency's or person's state 
licensure record, and the number of extensions available.

    Dated: August 11, 2015.
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, U.S. Department of State.
[FR Doc. 2015-20402 Filed 8-18-15; 8:45 am]
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