(a) An accrediting entity may be authorized by the Secretary to perform some or all of the following functions:
- (1) Determining whether agencies are eligible for accreditation;
- (2) Determining whether persons are eligible for approval;
- (3) Overseeing accredited agencies and/or approved persons by monitoring their compliance with applicable requirements;
- (4) Reviewing and responding to complaints about accredited agencies and approved persons (including their use of supervised providers);
- (5) Taking adverse action against an accredited agency or approved person, and/or referring an accredited agency or approved person for possible action by the Secretary;
- (6) Determining whether accredited agencies and approved persons are eligible for renewal of their accreditation or approval on a cycle consistent with § 96.60;
- (7) Collecting data from accredited agencies and approved persons, maintaining records, and reporting information to the Secretary, State courts, and other entities; and
- (8) Assisting the Secretary in taking appropriate action to help an agency or person in transferring its intercountry adoption cases and adoption records.
- (9) Maintaining all records related to its role as an accrediting entity for a period of at least ten years, or longer if otherwise set forth in its agreement with the Secretary.
(b) The Secretary may require the accrediting entity:
- (1) To utilize the Complaint Registry as provided in subpart J of this part; and
- (2) To fund a portion of the costs of operating the Complaint Registry with fees collected by the accrediting entity pursuant to the schedule of fees approved by the Secretary as provided in § 96.8.
- (c) An accrediting entity must perform all responsibilities in accordance with the Convention, the IAA, the UAA, the regulations implementing the IAA and the UAA, and its agreement with the Secretary.