Memorandum of Agreement Between the U.S. Department of State and the Colorado Department of Human Services Regarding Performance of Duties as an Accrediting Entity Under the Intercountry Adoption Act of 2000, 38442-38446 [E6-10573]
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38442
Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Notices
and the actual NBBO, the proposal
would revise the definition of the term
‘‘Theoretical Price’’ to mean the midpoint of the NBBO just prior to the
transaction. The Exchange believes that
this new definition should provide
Exchange Floor Officials with a more
accurate measure of the price on which
to base their determination that a
transaction resulted from an obvious
error. The Exchange also proposes to
delete Commentary .02 to Phlx Rule
1092 from the Rule.8 This Commentary
sets forth how Theoretical Price would
be determined under current Phlx Rule
1092(c).
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III. Discussion
The Commission finds that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange 9 and, in particular, the
requirements of Section 6(b) of the
Act 10 and the rules and regulations
thereunder. Specifically, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,11 in that the proposal promotes just
and equitable principles of trade,
removes impediments to and perfects
the mechanism of a free and open
market and a national market system,
and protects investors and the public
interest.
The Commission considers that in
most circumstances trades that are
executed between parties should be
honored. On rare occasions, the price of
the executed trade indicates an
‘‘obvious error’’ may exist, suggesting
that it is unrealistic to expect that the
parties to the trade had come to a
meeting of the minds regarding the
terms of the transaction. In the
Commission’s view, the determination
of whether an ‘‘obvious error’’ has
occurred should be based on specific
and objective criteria and subject to
specific and objective procedures. The
Phlx’s proposal would provide specific
and objective numerical criteria to be
used by Floor Officials to determine
whether a particular transaction
involved an obvious error. In addition,
the Exchange’s proposal to base the
definition of Theoretical Price on the
midpoint of the NBBO would ensure
8 Phlx Rule 1092(b) would retain the provision
that if there are no quotes for comparison purposes,
two Floor Officials and designated personnel in the
Exchange’s Market Surveillance Department would
determine Theoretical Price.
9 In approving this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
10 15 U.S.C. 78f(b).
11 15 U.S.C. 78f(b)(5).
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that the Phlx’s obvious error rule is
consistent with the Options Intermarket
Linkage Plan, which requires exchanges
to avoid trade-throughs. Accordingly,
the Commission finds that the
Exchange’s proposal is consistent with
the Act.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,12 that the
proposed rule change (SR–Phlx–2005–
73), as amended, is approved.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.13
Nancy M. Morris,
Secretary.
[FR Doc. E6–10532 Filed 7–5–06; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF STATE
[Public Notice: 5462]
Memorandum of Agreement Between
the U.S. Department of State and the
Colorado Department of Human
Services Regarding Performance of
Duties as an Accrediting Entity Under
the Intercountry Adoption Act of 2000
Department of State.
Notice.
AGENCY:
ACTION:
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)
and the Intercountry Adoption Act of
2000 (IAA). Among other things, the
IAA gives the Secretary of State
responsibility for the accreditation of
agencies and approval of persons to
provide adoption services under the
Convention. The IAA requires the
Department to enter into agreements
with one or more qualified entities
under which such entities will perform
the tasks of accrediting agencies and
approving persons, monitoring
compliance of such agencies and
persons with applicable requirements,
and other related duties set forth in
section 202(b) of the IAA. This notice is
to inform the public that on June 29,
2006, the Department exercised its
authority under the IAA and entered
into an agreement with the Colorado
Department of Human Services under
which the Department designated the
Colorado Department of Human
Services as an accrediting entity. In its
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12 15
13 17
U.S.C. 78f(b)(2).
CFR 200.30–3(a)(12).
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role as an accrediting entity, the
Colorado Department of Human
Services will be accrediting or
approving qualified adoption service
providers located in and licensed by the
State of Colorado to enable them to
provide adoption services in cases
subject to the Convention once the
Convention enters into force for the
United States. As the U.S. Central
Authority for the Convention, the
Department will monitor the
performance of the Colorado
Department of Human Services and
approve fees charged by it as an
accrediting entity. The text of the
Memorandum of Agreement, signed on
June 29, 2006 by Maura Harty, Assistant
Secretary for Consular Affairs, U.S.
Department of State and signed on June
13, 2006 by Marva Livingston
Hammons, Executive Director,
Department of Human Services, State of
Colorado, is included at the end of this
Notice. Also included at the end of the
Memorandum of Agreement is its
Attachment 1, Colorado Revised
Statutes § 26–6–104(6.5).
FOR FURTHER INFORMATION CONTACT:
Mikiko Stebbing at 202–736–9086.
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.
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. Colorado’s
Department of Human Services is a
State adoption licensing body with
expertise in developing and
administering standards for entities
providing child welfare services and
only accredits agencies located in the
State of Colorado. 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
SUPPLEMENTARY INFORMATION:
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accrediting or approving adoption
service providers.
Memorandum of Agreement Between
the U.S. Department of State, Bureau of
Consular Affairs and the Colorado
Department of Human Services
Parties & Purpose of the Agreement
The Department of State, Bureau of
Consular Affairs (Department) and the
Colorado Department of Human
Services (Colorado), with its principal
office located at 1575 Sherman Street,
Denver, CO 80203–1714, hereinafter the
‘‘Parties’’, are entering into this
agreement for the purpose of
designating Colorado 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. Colorado
has full authority to enter into this MOA
pursuant to Colorado Revised Statutes
§ 26–6–104(6.5), a copy of which is
attached hereto as Attachment 1. The
Executive Director of the Colorado
Department of Human Services is
authorized to sign on Colorado’s behalf.
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. In addition, the terms ‘‘transitional
application deadline’’ (TAD) and
‘‘deadline for initial accreditation or
approval’’ (DIAA) shall have the
meaning given them in 22 CFR 96.19
and ‘‘uniform notification date’’ (UND)
shall have the meaning given it in 22
CFR 96.58.
The Parties agree as follows:
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Article 1—Designation and Jurisdiction
of the Accrediting Entity
The Department hereby designates
Colorado as an accrediting entity and
thereby authorizes it to accredit
(including temporarily accredit)
agencies and approve persons that are
located in Colorado and that are
licensed as a child placement agency in
the State of Colorado, 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.
Article 2—Accreditation
Responsibilities and Duties of the
Accrediting Entity
(1) Colorado agrees to perform all
accrediting entity functions set forth in
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22 CFR 96.7(a) and to perform its
functions in accordance with the
Convention, the IAA, Part 96 of 22 CFR
and any other applicable regulations,
and as additionally specified in this
agreement. In performing these
functions, Colorado 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.
(2) Colorado 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 Hague complaint registry (ATS/
HCR) as directed by the Department,
including by updating required data
fields in a timely fashion.
(3) In carrying out its accrediting
entity functions Colorado will:
(a) Prepare to accept applications by
the TAD by expending its own funds
and other resources for materials
development, staff training, travel and
meeting attendance in advance of
receiving any fees for its services as an
accrediting entity;
(b) 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 Article 3,
paragraph 5, below;
(c) Make decisions on temporary
accreditation in accordance with the
procedures and standards in subpart N
of 22 CFR Part 96 and the procedures
presented to the Department pursuant to
Article 3, paragraph 3, subsection (a),
below;
(d) Charge applicants for
accreditation, approval, or temporary
accreditation only fees approved by the
Department pursuant to Article 3,
paragraph 4 below;
(e) Consistent with 22 CFR 96.19 and
96.97, use its best efforts to evaluate and
decide by the DIAA all applications for
accreditation, temporary accreditation,
or approval that were submitted by the
TAD;
(f) Review complaints, including
complaints regarding conduct alleged to
have occurred abroad, in accordance
with subpart J of 22 CFR Part 96 and the
additional procedures approved by the
Department pursuant to Article 3,
paragraph 3, subsections (c) and (d)
below. Colorado will exercise its
discretion in determining which
methods are most appropriate to review
complaints regarding conduct alleged to
have occurred abroad.
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38443
(g) Take adverse actions against
accredited agencies, temporarily
accredited agencies, and approved
persons in accordance with subparts K
and N 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;
(h) 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;
(i) Refer an adoption service provider
to the Department for debarment if, but
only if, it concludes after investigation
that the adoption service provider’s
conduct meets the standards for action
by the Secretary set out in 22 CFR 96.85;
(j) Promptly report any change in the
accreditation (including temporary
accreditation) or approval status of an
adoption service provider to the
relevant state licensing authority.
(k) 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.
Article 3—Preparatory Tasks
(Tasks Preceding the Transitional
Application Deadline)
(1) Accreditation Materials and
Training: In coordination with any other
designated accrediting entities, by a date
agreed upon by the Parties, Colorado
will:
(a) Develop forms, training materials,
and evaluation practices;
(b) Determine whether joint training
of evaluators or other personnel is
practical, and, if so, assist in conducting
or participate in any joint training
sessions;
(c) Develop explanatory guidance to
assist applicants for accreditation,
temporary accreditation, and approval
in achieving substantial compliance
with the applicable standards.
(2) Development of Internal Review
Procedure: Colorado will develop and
present to the Department for approval,
by a date agreed upon by the Parties,
procedures that it will maintain and use
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.
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(3) Development of Other Procedures:
Colorado will develop and present to
the Department, by a date agreed upon
by the Parties, procedures that it will
maintain and use:
(a) To evaluate whether a candidate
for temporary accreditation meets the
applicable eligibility requirements set
forth in 22 CFR 96.96;
(b) To carry out its annual monitoring
duties;
(c) To review thoroughly complaints
or information referred to it through the
Hague Complaint Registry or from the
Department directly, including
procedures for obtaining complete and
accurate information about conduct
alleged to have occurred abroad;
(d) To review complaints that it
receives about its own actions as an
accrediting entity for Hague 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.
(4) Fee Schedule Development:
(a) Colorado will develop a fee
schedule for accreditation, temporary
accreditation, and approval services that
meets the requirements of 22 CFR 96.8.
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,
temporary accreditation, and approval
services. Colorado will submit a fee
schedule developed using this
methodology together with
comprehensive documentation
justifying the proposed fees to the
Department for approval by a date
agreed upon by the Parties.
(b) The approved fee schedule can be
amended with the approval of the
Department.
(5) Substantial Compliance Weighting
Systems Development:
(a) Colorado will develop a
substantial compliance weighting
system as described in 22 CFR 96.27,
and will submit it to the Department for
approval by a date agreed upon by the
Parties.
(b) Colorado will develop a separate
substantial compliance weighting
system to be used in evaluating
temporarily accredited agencies that
incorporates the performance standards
in 22 CFR 96.104 and will submit it to
the Department for approval by a date
agreed upon by the Parties.
(c) In developing the systems
described in paragraphs (a) and (b) of
this section, Colorado will coordinate
with any other accrediting entities, and
consult with the Department to ensure
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consistency between the systems used
by accrediting entities. These systems
can be amended with the approval of
the Department.
Article 4—Initial Accreditation
(Including Temporary Accreditation)
and Approval Tasks
(1) The Department will consult with
Colorado and all other accrediting
entities before establishing the
transitional application deadline (TAD),
the uniform notification date (UND),
and the deadline for initial accreditation
or approval (DIAA).
(2) Within an agreed number of days
following the TAD, Colorado will make
public the names and addresses of
agencies and persons that have applied
to be accredited (including temporarily
accredited) or approved, provide a
mechanism for the public to comment
on applicants, and consider comments
received from the public in its decisions
on applicants. With respect to
additional applications received prior to
entry into force of the Convention,
Colorado will make the names of such
applicants public within an agreed
number of days following receipt.
Colorado will consider any public
comments in its decisions on the
additional applicants.
(3) In conformity with 22 CFR 96.58,
Colorado will not release its
accreditation (including temporary
accreditation) and approval decisions
prior to the UND.
Colorado will prepare the list of
decisions to be announced on the UND
and transmit the information as directed
by the Department. Colorado will
immediately notify the Department of
any corrections, so that the Department
may rely upon this list in compiling the
list of initially accredited and approved
adoption service providers that it will
deposit with the Permanent Bureau of
the Hague Conference on Private
International Law.
Article 5—Data Collection, Reporting
and Records
(1) Adoptions Tracking System/Hague
Complaint Registry (ATS/HCR):
(a) Colorado will maintain and fund a
computer and internet connection for
use with the ATS/HCR 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/HCR and facilitate any necessary
training in use of the ATS/HCR;
(c) Colorado will ensure that only
individuals that the Department has
approved for access have access to the
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ATS/HCR and to any secure access
tokens or passwords.
(2) Annual Report: Colorado will
report on dates agreed upon by the
Parties, in the format specified by the
Department, the information required in
22 CFR 96.93 as provided in that section
through ATS/HCR.
(3) Additional Reporting: Colorado
will provide any additional status
reports or data as required by the
Department, and in the format required
by the Department.
(4) Accrediting Entity Records:
Colorado will retain all records related
to its accreditation functions and
responsibilities 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 6—Department Oversight and
Monitoring
(1) Accrediting Entity Obligations: To
facilitate oversight and monitoring by
the Department, Colorado 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
Licensing Administrator confirming that
Colorado is complying with the IAA, 22
CFR Part 96, any other applicable
regulations, and this agreement in
carrying out its functions and
responsibilities;
(d) Make appropriate senior-level
officials available to attend a yearly
performance review meeting with the
Department;
(e) Immediately report to the
Department events which 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,
State legislative or regulatory changes;
legal or disciplinary actions against
Colorado and conflicts of interest;
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(f) Notify the Department of any
requests for information that it receives
from Central Authorities of other Hague
signatories, or any other foreign
government authorities (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
information;
(g) Consult immediately with the
Department about any issue or event
that may affect compliance with the IAA
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 Colorado can bring it into effect
or amend it, Colorado 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 be
responsible for coordinating the
Department’s approval process and
arranging any necessary meetings or
telephone conferences with Colorado.
Formal approval by the Department will
be 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 Colorado’s
designation:
(a) The Department will notify
Colorado in writing of the identified
deficiencies in its performance and the
time period in which the Department
expects correction of the deficiencies;
(b) Colorado 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 will
also 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 Colorado, it
will notify Colorado in writing of its
decision to suspend or cancel
Colorado’s designation and this
agreement;
(e) Colorado 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,
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including by transferring a reasonable
allocation of collected fees for the
remainder of the accreditation or
approval period of such adoption
service providers.
(4) Complaint Procedures: By a date
agreed upon by the Parties, the Parties
will agree upon procedures for handling
complaints against the accrediting entity
received by the Department or referred
to the Department because the
complainant was not satisfied with the
accrediting entity’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 7—Other Issues Agreed by the
Parties
(1) Conflict of interest: Colorado 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.
Colorado 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 shall maintain
and use these procedures.
(2) Liability: Colorado agrees to
maintain sufficient resources to defend
challenges to its actions as an
accrediting entity, and to inform the
Department immediately of any events
that may affect its ability to defend
itself. Colorado agrees that it will
consult with the Department
immediately if it becomes aware of any
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 8—Liaison Between the
Department and the Accrediting Entity
(1) Colorado’s principal point of
contact for communications relating to
its functions and duties as an
accrediting entity will be the Licensing
Administrator in the Department of
Human Services. The Department’s
principal point of contact for
communication is the Accrediting
Entity Liaison officer in the Office of
Children’s Issues, 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
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38445
respective principal points of contact
are as set forth in Attachment 2.
Article 9—Certifications and
Assurances
(1) Colorado certifies that it will
comply with all requirements of
applicable State and Federal law.
(2) Colorado certifies that it satisfies
all of the accrediting entity performance
criteria set forth in 22 CFR 96.6 and
agrees to continue to do so throughout
the duration of its designation.
(3) Colorado agrees to indemnify the
Department and any persons acting on
its behalf and to hold them harmless
from any claim, loss or other liability
that is caused by Colorado’s fault or
negligence in connection with
performing duties under this
Agreement. Any negligence or alleged
negligence by the Department or
persons acting on its behalf shall not
preclude a claim for indemnification.
Article 10—Agreement, Scope, and
Period of Performance
(1) Scope:
(a) This agreement is not intended to
have any effect on any activities of
Colorado that are not related to its
functions as an accrediting entity for
adoption service providers providing
adoption services in intercountry
adoptions under the Hague Convention.
(b) Nothing in this agreement shall be
deemed to be a commitment or
obligation to provide any Federal funds.
The Department, consistent with the
IAA, may not provide any funds to the
accrediting entity for the performance of
accreditation and approval functions.
(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 Colorado from any legal
requirements or responsibilities
imposed on the accrediting entity by the
IAA, 22 CFR Part 96, or any other
applicable laws or regulations.
(2) Duration: Colorado’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
Colorado. The Parties may mutually
agree 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
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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) 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 regulations implementing the
IAA 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.
(4) Entirety of Agreement: This
agreement is the entire agreement of the
Parties and may be modified only upon
written agreement of the Parties.
Attachment 1—Colorado Revised Statutes:
Title 26 Human Services Code: Article 6
Child Care Centers: Part 1 Child Care
Licensing
26–6–104. Licenses—Out-of-State Notices
and Consent
(6.5) On and after July 1, 2005, and subject
to designation as a qualified accrediting
entity as required by the ‘‘Intercountry
Adoption Act of 2000’’, 42 U.S.C. 14901 et
seq., the state department may license and
accredit a child placement agency for
purposes of providing adoption services for
convention adoptions pursuant to the
‘‘Intercountry Adoption Act of 2000’’, 42
U.S.C. 14901 et seq. The state board of
human services may adopt rules consistent
with federal law governing the procedures for
adverse actions regarding accreditation,
which procedures may vary from the
procedures set forth in the ‘‘State
Administrative Procedure Act’’, article 4 of
title 24, C.R.S.
Dated: June 29, 2006.
Maura Harty,
Assistant Secretary, Bureau of Consular
Affairs, Department of State.
[FR Doc. E6–10573 Filed 7–5–06; 8:45 am]
BILLING CODE 4710–06–P
Daniel S. Sullivan and Committee
Chairman R. Michael Gadbaw. The
ACIEP serves the U.S. Government in a
solely advisory capacity concerning
issues and problems in international
economic policy. Items on the agenda
for this meeting include: (1)
International Energy Issues and (2)
Intellectual Property Rights
Enforcement.
This meeting is open to the public as
seating capacity allows. Entry to the
building is controlled; to obtain preclearance for entry, members of the
public planning to attend should
provide, by July 20, 2006, their name,
professional affiliation, valid
government-issued ID number (i.e., U.S.
government ID (agency), U.S. military ID
(branch), passport (country), or drivers
license (state)), date of birth, and
citizenship to La Keisha Barner by fax
(202) 647–5936, e-mail
(BarnerLR@state.gov), or telephone
(202) 647–0847. One of the following
forms of valid photo identification will
be required for admission to the State
Department building: U.S. driver’s
license, passport, or U.S. Government
identification card. Enter the
Department of State from the C Street
lobby. In view of escorting
requirements, non-Government
attendees should plan to arrive not less
than 15 minutes before the meeting
begins.
For additional information, contact
David Freudenwald, Office of Economic
Policy and Public Diplomacy, Bureau of
Economic and Business Affairs, at (202)
647–2231 or FreudenwaldDJ@state.gov.
Dated: June 29, 2006.
Laura Faux-Gable,
Office Director, Office of Economic Policy
Analysis and Public Diplomacy, Department
of State.
[FR Doc. E6–10553 Filed 7–5–06; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Federal Highway Administration
[Public Notice 5454]
[Docket Number FHWA–2005–22986]
Advisory Committee on International
Economic Policy; Notice of Open
Meeting
jlentini on PROD1PC65 with NOTICES
DEPARTMENT OF STATE
Notice of Public Meetings on Notice of
Proposed Rulemaking (NPRM) for
Statewide and Metropolitan Planning
Requirements
The Advisory Committee on
International Economic Policy (ACIEP)
will meet from 1:30 p.m. to 4:30 p.m. on
Monday, July 24, 2006, in Room 1107,
U.S. Department of State, 2201 C Street,
NW., Washington, DC. The meeting will
be hosted by Assistant Secretary of State
for Economic and Business Affairs
VerDate Aug<31>2005
17:01 Jul 05, 2006
Jkt 208001
AGENCIES: Federal Transit
Administration (FTA), Federal Highway
Administration (FHWA), DOT.
ACTION: Notice.
SUMMARY: This notice announces the
dates, times, and locations of six public
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
meetings and a national Webcast to be
held in July and August 2006
concerning a Notice of Proposed
Rulemaking (NPRM) on Statewide and
Metropolitan Planning Requirements.
Presentations delivered at these
meetings will describe the provisions of
the NPRM jointly issued by the Federal
Transit Administration (FTA) and
Federal Highway Administration
(FHWA) on June 9, 2006 to provide
guidance on implementing the planning
provisions of Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA–LU),
the Federal surface transportation law.
DATES: See SUPPLEMENTARY INFORMATION
section for meeting dates.
ADDRESSES: See SUPPLEMENTARY
INFORMATION section for meeting
locations.
FOR FURTHER INFORMATION CONTACT: For
FTA, Effie S. Stallsmith, Office of
Planning and Environment, at
Effie.Stallsmith@dot.gov or 202–366–
5653, or Christopher Van Wyk, Office of
Chief Counsel, 202–366–1733. For
FHWA, Robert Ritter, Office of
Planning, 202–493–2139. Both agencies
are located at 400 Seventh Street, SW.,
Washington, DC 20590. Office hours for
FTA are from 9 a.m. to 5:30 p.m.,
Monday through Friday, except Federal
holidays. Office hours for FHWA are
from 7:45 a.m. to 4:15 p.m. e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: The
meetings listed below will provide a
forum for FTA and FHWA staffs to make
oral presentations on the Notice of
Proposed Rulemaking (NPRM) for
Statewide and Metropolitan Planning.
Additionally, the sessions are intended
to encourage interested parties and
stakeholders to submit their comments
directly to the official docket by the
close of the public comment period on
September 7, 2006, per the instructions
found in the NPRM at 71 FR 33510
(June 9, 2006).
I. Meetings
The following are the 2006 Statewide
and Metropolitan Planning NPRM
public outreach session meeting dates
and addresses:
1. Wednesday, July 19, 2006, 1 p.m.
to 4 p.m. eastern standard time, Atlanta,
GA—Sam Nunn Atlanta Federal Center
(auditorium), 61 Forsyth Street, SW.,
Atlanta, GA 30303.
2. Friday, July 21, 2006, 9 a.m. to 12
p.m. eastern standard time, New York,
NY—Alexander Hamilton U.S. Custom
House (auditorium), One Bowling
Green, New York City, NY 10004.
3. Monday, July 24, 2006, 1 p.m. to 4
p.m. central standard time, Kansas City,
E:\FR\FM\06JYN1.SGM
06JYN1
]]>Agencies
[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Notices]
[Pages 38442-38446]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10573]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice: 5462]
Memorandum of Agreement Between the U.S. Department of State and
the Colorado Department of Human Services Regarding Performance of
Duties as an Accrediting Entity Under the Intercountry Adoption Act of
2000
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
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) and the Intercountry Adoption Act of 2000 (IAA). Among
other things, the IAA gives the Secretary of State responsibility for
the accreditation of agencies and approval of persons to provide
adoption services under the Convention. The IAA requires the Department
to enter into agreements with one or more qualified entities under
which such entities will perform the tasks of accrediting agencies and
approving persons, monitoring compliance of such agencies and persons
with applicable requirements, and other related duties set forth in
section 202(b) of the IAA. This notice is to inform the public that on
June 29, 2006, the Department exercised its authority under the IAA and
entered into an agreement with the Colorado Department of Human
Services under which the Department designated the Colorado Department
of Human Services as an accrediting entity. In its role as an
accrediting entity, the Colorado Department of Human Services will be
accrediting or approving qualified adoption service providers located
in and licensed by the State of Colorado to enable them to provide
adoption services in cases subject to the Convention once the
Convention enters into force for the United States. As the U.S. Central
Authority for the Convention, the Department will monitor the
performance of the Colorado Department of Human Services and approve
fees charged by it as an accrediting entity. The text of the Memorandum
of Agreement, signed on June 29, 2006 by Maura Harty, Assistant
Secretary for Consular Affairs, U.S. Department of State and signed on
June 13, 2006 by Marva Livingston Hammons, Executive Director,
Department of Human Services, State of Colorado, is included at the end
of this Notice. Also included at the end of the Memorandum of Agreement
is its Attachment 1, Colorado Revised Statutes Sec. 26-6-104(6.5).
FOR FURTHER INFORMATION CONTACT: Mikiko Stebbing at 202-736-9086.
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.
Colorado's Department of Human Services is a State adoption licensing
body with expertise in developing and administering standards for
entities providing child welfare services and only accredits agencies
located in the State of Colorado. 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
[[Page 38443]]
accrediting or approving adoption service providers.
Memorandum of Agreement Between the U.S. Department of State, Bureau of
Consular Affairs and the Colorado Department of Human Services
Parties & Purpose of the Agreement
The Department of State, Bureau of Consular Affairs (Department)
and the Colorado Department of Human Services (Colorado), with its
principal office located at 1575 Sherman Street, Denver, CO 80203-1714,
hereinafter the ``Parties'', are entering into this agreement for the
purpose of designating Colorado 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.
Colorado has full authority to enter into this MOA pursuant to Colorado
Revised Statutes Sec. 26-6-104(6.5), a copy of which is attached
hereto as Attachment 1. The Executive Director of the Colorado
Department of Human Services is authorized to sign on Colorado's
behalf.
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. In addition, the terms ``transitional application
deadline'' (TAD) and ``deadline for initial accreditation or approval''
(DIAA) shall have the meaning given them in 22 CFR 96.19 and ``uniform
notification date'' (UND) shall have the meaning given it in 22 CFR
96.58.
The Parties agree as follows:
Article 1--Designation and Jurisdiction of the Accrediting Entity
The Department hereby designates Colorado as an accrediting entity
and thereby authorizes it to accredit (including temporarily accredit)
agencies and approve persons that are located in Colorado and that are
licensed as a child placement agency in the State of Colorado, 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.
Article 2--Accreditation Responsibilities and Duties of the Accrediting
Entity
(1) Colorado 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, Part 96 of 22 CFR and any other applicable
regulations, and as additionally specified in this agreement. In
performing these functions, Colorado 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.
(2) Colorado 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 Hague complaint registry (ATS/HCR) as directed by the Department,
including by updating required data fields in a timely fashion.
(3) In carrying out its accrediting entity functions Colorado will:
(a) Prepare to accept applications by the TAD by expending its own
funds and other resources for materials development, staff training,
travel and meeting attendance in advance of receiving any fees for its
services as an accrediting entity;
(b) 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 Article 3, paragraph 5,
below;
(c) Make decisions on temporary accreditation in accordance with
the procedures and standards in subpart N of 22 CFR Part 96 and the
procedures presented to the Department pursuant to Article 3, paragraph
3, subsection (a), below;
(d) Charge applicants for accreditation, approval, or temporary
accreditation only fees approved by the Department pursuant to Article
3, paragraph 4 below;
(e) Consistent with 22 CFR 96.19 and 96.97, use its best efforts to
evaluate and decide by the DIAA all applications for accreditation,
temporary accreditation, or approval that were submitted by the TAD;
(f) Review complaints, including complaints regarding conduct
alleged to have occurred abroad, in accordance with subpart J of 22 CFR
Part 96 and the additional procedures approved by the Department
pursuant to Article 3, paragraph 3, subsections (c) and (d) below.
Colorado will exercise its discretion in determining which methods are
most appropriate to review complaints regarding conduct alleged to have
occurred abroad.
(g) Take adverse actions against accredited agencies, temporarily
accredited agencies, and approved persons in accordance with subparts K
and N 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;
(h) 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;
(i) Refer an adoption service provider to the Department for
debarment if, but only if, it concludes after investigation that the
adoption service provider's conduct meets the standards for action by
the Secretary set out in 22 CFR 96.85;
(j) Promptly report any change in the accreditation (including
temporary accreditation) or approval status of an adoption service
provider to the relevant state licensing authority.
(k) 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.
Article 3--Preparatory Tasks
(Tasks Preceding the Transitional Application Deadline)
(1) Accreditation Materials and Training: In coordination with any
other designated accrediting entities, by a date agreed upon by the
Parties, Colorado will:
(a) Develop forms, training materials, and evaluation practices;
(b) Determine whether joint training of evaluators or other
personnel is practical, and, if so, assist in conducting or participate
in any joint training sessions;
(c) Develop explanatory guidance to assist applicants for
accreditation, temporary accreditation, and approval in achieving
substantial compliance with the applicable standards.
(2) Development of Internal Review Procedure: Colorado will develop
and present to the Department for approval, by a date agreed upon by
the Parties, procedures that it will maintain and use 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.
[[Page 38444]]
(3) Development of Other Procedures: Colorado will develop and
present to the Department, by a date agreed upon by the Parties,
procedures that it will maintain and use:
(a) To evaluate whether a candidate for temporary accreditation
meets the applicable eligibility requirements set forth in 22 CFR
96.96;
(b) To carry out its annual monitoring duties;
(c) To review thoroughly complaints or information referred to it
through the Hague Complaint Registry or from the Department directly,
including procedures for obtaining complete and accurate information
about conduct alleged to have occurred abroad;
(d) To review complaints that it receives about its own actions as
an accrediting entity for Hague 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.
(4) Fee Schedule Development:
(a) Colorado will develop a fee schedule for accreditation,
temporary accreditation, and approval services that meets the
requirements of 22 CFR 96.8. 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, temporary accreditation, and
approval services. Colorado will submit a fee schedule developed using
this methodology together with comprehensive documentation justifying
the proposed fees to the Department for approval by a date agreed upon
by the Parties.
(b) The approved fee schedule can be amended with the approval of
the Department.
(5) Substantial Compliance Weighting Systems Development:
(a) Colorado will develop a substantial compliance weighting system
as described in 22 CFR 96.27, and will submit it to the Department for
approval by a date agreed upon by the Parties.
(b) Colorado will develop a separate substantial compliance
weighting system to be used in evaluating temporarily accredited
agencies that incorporates the performance standards in 22 CFR 96.104
and will submit it to the Department for approval by a date agreed upon
by the Parties.
(c) In developing the systems described in paragraphs (a) and (b)
of this section, Colorado 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--Initial Accreditation (Including Temporary Accreditation)
and Approval Tasks
(1) The Department will consult with Colorado and all other
accrediting entities before establishing the transitional application
deadline (TAD), the uniform notification date (UND), and the deadline
for initial accreditation or approval (DIAA).
(2) Within an agreed number of days following the TAD, Colorado
will make public the names and addresses of agencies and persons that
have applied to be accredited (including temporarily accredited) or
approved, provide a mechanism for the public to comment on applicants,
and consider comments received from the public in its decisions on
applicants. With respect to additional applications received prior to
entry into force of the Convention, Colorado will make the names of
such applicants public within an agreed number of days following
receipt. Colorado will consider any public comments in its decisions on
the additional applicants.
(3) In conformity with 22 CFR 96.58, Colorado will not release its
accreditation (including temporary accreditation) and approval
decisions prior to the UND.
Colorado will prepare the list of decisions to be announced on the
UND and transmit the information as directed by the Department.
Colorado will immediately notify the Department of any corrections, so
that the Department may rely upon this list in compiling the list of
initially accredited and approved adoption service providers that it
will deposit with the Permanent Bureau of the Hague Conference on
Private International Law.
Article 5--Data Collection, Reporting and Records
(1) Adoptions Tracking System/Hague Complaint Registry (ATS/HCR):
(a) Colorado will maintain and fund a computer and internet
connection for use with the ATS/HCR 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/HCR and facilitate any
necessary training in use of the ATS/HCR;
(c) Colorado will ensure that only individuals that the Department
has approved for access have access to the ATS/HCR and to any secure
access tokens or passwords.
(2) Annual Report: Colorado will report on dates agreed upon by the
Parties, in the format specified by the Department, the information
required in 22 CFR 96.93 as provided in that section through ATS/HCR.
(3) Additional Reporting: Colorado will provide any additional
status reports or data as required by the Department, and in the format
required by the Department.
(4) Accrediting Entity Records: Colorado will retain all records
related to its accreditation functions and responsibilities 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 6--Department Oversight and Monitoring
(1) Accrediting Entity Obligations: To facilitate oversight and
monitoring by the Department, Colorado 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 Licensing Administrator confirming
that Colorado is complying with the IAA, 22 CFR Part 96, any other
applicable regulations, and this agreement in carrying out its
functions and responsibilities;
(d) Make appropriate senior-level officials available to attend a
yearly performance review meeting with the Department;
(e) Immediately report to the Department events which 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, State
legislative or regulatory changes; legal or disciplinary actions
against Colorado and conflicts of interest;
[[Page 38445]]
(f) Notify the Department of any requests for information that it
receives from Central Authorities of other Hague signatories, or any
other foreign government authorities (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 information;
(g) Consult immediately with the Department about any issue or
event that may affect compliance with the IAA 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 Colorado can bring it into effect or amend it, Colorado 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 be responsible for coordinating the Department's approval
process and arranging any necessary meetings or telephone conferences
with Colorado. Formal approval by the Department will be 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 Colorado's designation:
(a) The Department will notify Colorado in writing of the
identified deficiencies in its performance and the time period in which
the Department expects correction of the deficiencies;
(b) Colorado 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 will also 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 Colorado, it will notify Colorado in
writing of its decision to suspend or cancel Colorado's designation and
this agreement;
(e) Colorado 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 a reasonable allocation of collected fees for
the remainder of the accreditation or approval period of such adoption
service providers.
(4) Complaint Procedures: By a date agreed upon by the Parties, the
Parties will agree upon procedures for handling complaints against the
accrediting entity received by the Department or referred to the
Department because the complainant was not satisfied with the
accrediting entity'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 7--Other Issues Agreed by the Parties
(1) Conflict of interest: Colorado 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. Colorado 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 shall maintain and use these procedures.
(2) Liability: Colorado agrees to maintain sufficient resources to
defend challenges to its actions as an accrediting entity, and to
inform the Department immediately of any events that may affect its
ability to defend itself. Colorado agrees that it will consult with the
Department immediately if it becomes aware of any 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 8--Liaison Between the Department and the Accrediting Entity
(1) Colorado's principal point of contact for communications
relating to its functions and duties as an accrediting entity will be
the Licensing Administrator in the Department of Human Services. The
Department's principal point of contact for communication is the
Accrediting Entity Liaison officer in the Office of Children's Issues,
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 2.
Article 9--Certifications and Assurances
(1) Colorado certifies that it will comply with all requirements of
applicable State and Federal law.
(2) Colorado certifies that it satisfies all of the accrediting
entity performance criteria set forth in 22 CFR 96.6 and agrees to
continue to do so throughout the duration of its designation.
(3) Colorado agrees to indemnify the Department and any persons
acting on its behalf and to hold them harmless from any claim, loss or
other liability that is caused by Colorado's fault or negligence in
connection with performing duties under this Agreement. Any negligence
or alleged negligence by the Department or persons acting on its behalf
shall not preclude a claim for indemnification.
Article 10--Agreement, Scope, and Period of Performance
(1) Scope:
(a) This agreement is not intended to have any effect on any
activities of Colorado that are not related to its functions as an
accrediting entity for adoption service providers providing adoption
services in intercountry adoptions under the Hague Convention.
(b) Nothing in this agreement shall be deemed to be a commitment or
obligation to provide any Federal funds. The Department, consistent
with the IAA, may not provide any funds to the accrediting entity for
the performance of accreditation and approval functions.
(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 Colorado from any legal
requirements or responsibilities imposed on the accrediting entity by
the IAA, 22 CFR Part 96, or any other applicable laws or regulations.
(2) Duration: Colorado'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 Colorado. The Parties
may mutually agree 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
[[Page 38446]]
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) 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 regulations
implementing the IAA 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.
(4) Entirety of Agreement: This agreement is the entire agreement
of the Parties and may be modified only upon written agreement of the
Parties.
Attachment 1--Colorado Revised Statutes: Title 26 Human Services Code:
Article 6 Child Care Centers: Part 1 Child Care Licensing
26-6-104. Licenses--Out-of-State Notices and Consent
(6.5) On and after July 1, 2005, and subject to designation as a
qualified accrediting entity as required by the ``Intercountry
Adoption Act of 2000'', 42 U.S.C. 14901 et seq., the state
department may license and accredit a child placement agency for
purposes of providing adoption services for convention adoptions
pursuant to the ``Intercountry Adoption Act of 2000'', 42 U.S.C.
14901 et seq. The state board of human services may adopt rules
consistent with federal law governing the procedures for adverse
actions regarding accreditation, which procedures may vary from the
procedures set forth in the ``State Administrative Procedure Act'',
article 4 of title 24, C.R.S.
Dated: June 29, 2006.
Maura Harty,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. E6-10573 Filed 7-5-06; 8:45 am]
BILLING CODE 4710-06-P
