Office of Global Health Affairs; Guidance Regarding Section 301(f) of the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003, 41076-41077 [07-3658]
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Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices
Financial Group, Inc., and thereby
indirectly acquire voting shares of Pan
American Bank, both of Chicago,
Illinois.
B. Federal Reserve Bank of St. Louis
(Glenda Wilson, Community Affairs
Officer) 411 Locust Street, St. Louis,
Missouri 63166-2034:
1. Central Bancompany, Inc., Jefferson
City, Missouri; to acquire 100 percent of
the voting shares of Millstadt
Bancshares, Inc., and thereby indirectly
acquire voting shares of First National
Bank of Millstadt, both of Millstadt,
Illinois.
Board of Governors of the Federal Reserve
System, July 23, 2007.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E7–14446 Filed 7–25–07; 8:45 am]
BILLING CODE 6210–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of Global Health Affairs;
Guidance Regarding Section 301(f) of
the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria
Act of 2003
AGENCY:
Office of Global Health Affairs,
HHS.
ACTION:
Guidance.
SUMMARY: Section 301(f) of the United
States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003
(the ‘‘Leadership Act’’), P.L. No. 108–25
(May 27, 2003), 22 U.S.C. 7631(f),
prohibits the award of grants, contracts
or cooperative agreements for activities
funded under the Act to any
organization that does not have an
explicit policy opposing prostitution
and sex trafficking. Section 301(f) states
as follows:
rwilkins on PROD1PC63 with NOTICES
Limitation.—No funds made available to
carry out this Act, or any amendment made
by this Act, may be used to provide
assistance to any group or organization that
does not have a policy explicitly opposing
prostitution and sex trafficking.
The following guidance provides
additional information on the policy
requirement expressed in this law for
entities that receive grants, contracts, or
cooperative agreements from the U.S.
Department of Health and Human
Services (‘‘HHS’’) to implement
programs or projects under the authority
of the Leadership Act. Specifically, it
describes the legal, financial, and
organizational separation that should
exist between these recipients of HHS
funds and an affiliate organization that
engages in activities that are not
VerDate Aug<31>2005
16:36 Jul 25, 2007
Jkt 211001
consistent with a policy opposing
prostitution and sex trafficking.
FOR FURTHER INFORMATION CONTACT:
Maggie Wynne, Office of Global Health
Affairs, Hubert H. Humphrey Building,
200 Independence Avenue, SW., Room
639H, Washington, DC 20201.
SUPPLEMENTARY INFORMATION: This
guidance is designed to provide
additional clarity for Contracting and
Grant officers, Contracting Officers’
Technical Representatives, Program
Officials and implementing partners
(e.g., grantees, contractors) of HHS
regarding the application of language in
Notices of Availability, Requests for
Proposals, and other documents
pertaining to the policy requirement
expressed in 22 U.S.C. 7631(f), which
provides that organizations receiving
Leadership Act funds must have a
policy explicitly opposing prostitution
and sex trafficking (the ‘‘policy
requirement’’).
In enacting the statute from which
this requirement originates, the
Leadership Act, Congress developed a
framework to combat the global spread
of HIV/AIDS, tuberculosis, and malaria.
As a part of that Act, to ensure that the
Government’s organizational partners
will not undermine this goal through
the promotion of counterproductive
activities, the Leadership Act provides
that all funding recipients, subject to
limited exceptions, must have a policy
explicitly opposing prostitution and sex
trafficking. It is critical to the
effectiveness of Congress’s plan and to
the U.S. Government’s foreign policy
underlying this effort, that the integrity
of Leadership Act programs and
activities implemented by organizations
receiving Leadership Act funds is
maintained, and that the U.S.
Government’s message opposing
prostitution and sex trafficking is not
confused by conflicting positions of
these organizations.
Accordingly, the U.S. Government
provides this ‘‘Organizational Integrity’’
Guidance to clarify that the
Government’s organizational partners
that have adopted a policy opposing
prostitution and sex-trafficking may,
consistent with the policy requirement,
maintain an affiliation with separate
organizations that do not have such a
policy, provided that such affiliations
do not threaten the integrity of the
Government’s programs and its message
opposing prostitution and sex
trafficking, as specified in this guidance.
To maintain program integrity, adequate
separation as outlined in this guidance
is required between an affiliate which
expresses views on prostitution and sex
trafficking contrary to the government’s
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
message and any federally-funded
partner organization.
The criteria for affiliate independence
in this guidance is modeled on criteria
upheld as facially constitutional by the
U.S. Court of Appeals for the Second
Circuit in Velzquez v. Legal Services
Corporation, 164F.3d 757,767 (2d cir.
1999), and Brooklyn Legal Services
Corp. v. Legal Services Corp., 462 F.3d
219, 229–33 (2d Cir. 2006), cases
involving similar organization-wide
limitations applied to recipients of
federal funding.
This guidance clarifies that an
independent organization affiliated with
a recipient of Leadership Act funds
need not have a policy explicitly
opposing prostitution and sex
trafficking for the recipient to maintain
compliance with the policy
requirement. The independent affiliate’s
position on these issues will have no
effect on the recipient organization’s
eligibility for Leadership Act funds, so
long as the affiliate satisfies the criteria
for objective integrity and independence
detailed in the guidance. By ensuring
adequate separation between the
recipient and affiliate organizations,
these criteria guard against a public
perception that the affiliate’s views on
prostitution and sex-trafficking maybe
attributed to the recipient organization
and thus to the government, thereby
avoiding the risk of confusing the
Government’s message opposing
prostitution and sex trafficking.
This guidance may be shared with
HHS implementing partners. Guidance:
HHS contractors, grantees and
recipients of cooperative agreements
(‘‘Recipients’’) must have objective
integrity and independence from any
affiliated organization that engages in
activities inconsistent with a policy
opposing prostitution and sex
trafficking (‘‘restricted activities’’). A
recipient will be found to have objective
integrity and independence from such
organization if:
(1) The affiliated organization is a
legally separate entity;
(2) The affiliated organization receives
no transfer or Leadership Act funds, and
Leadership Act funds do not subsidize
restricted activities; and
(3) The Recipient is physically and
financially separate from the affiliated
organization. Mere bookkeeping
separation of Leadership Act funds from
other funds is not sufficient. HHS will
determine, on a case-by-case basis and
based on the totality of the facts,
whether sufficient physical and
financial separation exists. The presence
or absence of any one or more factors
will not be determinative. Factors
E:\FR\FM\26JYN1.SGM
26JYN1
Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices
relevant to this determination shall
include but will not be limited to:
(i) The existence of separate
personnel, management, and
governance;
(ii) The existence of separate
accounts, accounting records, and
timekeeping records;
(iii) The degree of separation from
facilities, equipment and supplies used
by the affiliated organization to conduct
restricted activities, and the extent of
such restricted activities by the affiliate;
(iv) The extent to which signs and
other forms of identification which
distinguish the Recipient from the
affiliated organization are present, and
signs and materials that could be
associated with the affiliated
organization or restricted activities are
absent; and
(v) The extent to which HHS, the U.S.
Government and the project name are
protected from public association with
the affiliated organization and its
restricted activities in materials such as
publications, conference and press or
public statements.
EFFECTIVE DATE: This guidance is
effective on the final date of publication.
Dated: July 23, 2007.
William R. Steiger,
Director.
[FR Doc. 07–3658 Filed 7–23–07; 11:59 am]
BILLING CODE 4150–38–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–07–0666]
rwilkins on PROD1PC63 with NOTICES
Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–5960 and
send comments to Maryam I. Daneshvar,
CDC Acting Reports Clearance Officer,
1600 Clifton Road, MS–D74, Atlanta,
GA 30333 or send an e-mail to
omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
VerDate Aug<31>2005
16:36 Jul 25, 2007
Jkt 211001
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
National Healthcare Safety Network
(NHSN) (OMB Control No. 0920–
0666)—Revision—National Center for
Preparedness, Detection, and Control of
Infectious Diseases (NCPDCID), Centers
for Disease Control and Prevention
(CDC).
Background and Brief Description
The National Healthcare Safety
Network (NHSN) is a system designed to
accumulate, exchange, and integrate
relevant information and resources
among private and public stakeholders
to support local and national efforts to
protect patients and to promote
healthcare safety. Specifically, the data
is used to determine the magnitude of
various healthcare-associated adverse
events and trends in the rates of these
events among patients and healthcare
workers with similar risks. The data will
be used to detect changes in the
epidemiology of adverse events
resulting from new and current medical
therapies and changing risks.
Healthcare institutions that
participate in NHSN voluntarily report
their data to CDC using a web browserbased technology for data entry and data
management. Data are collected by
trained surveillance personnel using
written standardized protocols. This
application to OMB includes a
significant increase in the number of
burden hours to the previously
approved data collection. The increase
is due to inclusion of new forms and an
increased number of respondents.
NHSN was first approved by OMB in
2005 and CDC proposes to revise this
data collection by adding new modules
to the NHSN as well as modifying
currently approved forms. Four new
forms are proposed: (1) Healthcare
Worker Influenza Vaccination form; (2)
Healthcare Worker Influenza Antiviral
Medication Administration form; (3)
Pre-season survey on Influenza
Vaccination Programs for Healthcare
Workers; and (4) Post-season Survey on
Influenza Vaccination Programs for
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Fmt 4703
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41077
Healthcare Workers. The purpose of
these new forms is to help participating
healthcare institutions and CDC to: (1)
Monitor influenza vaccination coverage
among healthcare personnel at
individual facilities and to provide
aggregate coverage estimates for all
participating facilities; (2) monitor
progress towards attaining the Healthy
People 2010 goal of 60% vaccination
coverage among healthcare personnel;
(3) monitor influenza vaccination
coverage by ward/unit of the facility or
occupational group so that areas or
groups with low vaccination rates can
be targeted for interventions; (4) monitor
adverse reactions related to receipt of
the vaccine or receipt of antiviral
medications; and (5) assess the
characteristics of influenza vaccination
programs pre- and post-influenza season
to identify practices associated with
high immunization rates. The total
estimated annual burden for these forms
is 13,800 hours.
CDC is proposing to add an additional
form, Central Line Insertion Practices
Monitoring Form, to the Patient Safety
Component Device Associated Module.
This new form will enable participating
facilities and CDC to (1) monitor central
line insertion practices in individual
patient care units and facilities and
provide aggregate data for all
participating facilities (facilities have
the option of recording inserter-specific
adherence data); (2) link gaps in
recommended practice with the clinical
outcome both in individual facilities
and for all participating facilities; (3)
facilitate quality improvement by
identifying specific gaps in adherence to
recommended prevention practices,
thereby helping to target intervention
strategies for reducing central line
infection rates. The total estimated
annual burden for this form is 12,500
hours.
CDC proposes to add the Multi-Drug
Resistant Organism (MDRO) Prevention
Process Monitoring Module to the
Patient Safety Component. This module
consists of four forms: (1) MDRO
Prevention Process Monitoring Form; (2)
MDRO Infection Event Form; (3)
Laboratory-identified MDRO Event
Form; and (4) Laboratory-identified
MDRO Event Summary Form. The
purpose of these forms is to: (1) Monitor
processes and practices in individual
patient care units and facilities and to
provide aggregate adherence data for all
participating facilities; (2) link gaps in
recommended practice with the clinical
outcome (i.e., MDRO infection) both in
individual facilities and for all
participating facilities; (3) facilitate
quality improvement by identifying
specific gaps in adherence to
E:\FR\FM\26JYN1.SGM
26JYN1
]]>Agencies
[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Pages 41076-41077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3658]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Global Health Affairs; Guidance Regarding Section
301(f) of the United States Leadership Against HIV/AIDS, Tuberculosis
and Malaria Act of 2003
AGENCY: Office of Global Health Affairs, HHS.
ACTION: Guidance.
-----------------------------------------------------------------------
SUMMARY: Section 301(f) of the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (the ``Leadership Act''),
P.L. No. 108-25 (May 27, 2003), 22 U.S.C. 7631(f), prohibits the award
of grants, contracts or cooperative agreements for activities funded
under the Act to any organization that does not have an explicit policy
opposing prostitution and sex trafficking. Section 301(f) states as
follows:
Limitation.--No funds made available to carry out this Act, or
any amendment made by this Act, may be used to provide assistance to
any group or organization that does not have a policy explicitly
opposing prostitution and sex trafficking.
The following guidance provides additional information on the
policy requirement expressed in this law for entities that receive
grants, contracts, or cooperative agreements from the U.S. Department
of Health and Human Services (``HHS'') to implement programs or
projects under the authority of the Leadership Act. Specifically, it
describes the legal, financial, and organizational separation that
should exist between these recipients of HHS funds and an affiliate
organization that engages in activities that are not consistent with a
policy opposing prostitution and sex trafficking.
FOR FURTHER INFORMATION CONTACT: Maggie Wynne, Office of Global Health
Affairs, Hubert H. Humphrey Building, 200 Independence Avenue, SW.,
Room 639H, Washington, DC 20201.
SUPPLEMENTARY INFORMATION: This guidance is designed to provide
additional clarity for Contracting and Grant officers, Contracting
Officers' Technical Representatives, Program Officials and implementing
partners (e.g., grantees, contractors) of HHS regarding the application
of language in Notices of Availability, Requests for Proposals, and
other documents pertaining to the policy requirement expressed in 22
U.S.C. 7631(f), which provides that organizations receiving Leadership
Act funds must have a policy explicitly opposing prostitution and sex
trafficking (the ``policy requirement'').
In enacting the statute from which this requirement originates, the
Leadership Act, Congress developed a framework to combat the global
spread of HIV/AIDS, tuberculosis, and malaria. As a part of that Act,
to ensure that the Government's organizational partners will not
undermine this goal through the promotion of counterproductive
activities, the Leadership Act provides that all funding recipients,
subject to limited exceptions, must have a policy explicitly opposing
prostitution and sex trafficking. It is critical to the effectiveness
of Congress's plan and to the U.S. Government's foreign policy
underlying this effort, that the integrity of Leadership Act programs
and activities implemented by organizations receiving Leadership Act
funds is maintained, and that the U.S. Government's message opposing
prostitution and sex trafficking is not confused by conflicting
positions of these organizations.
Accordingly, the U.S. Government provides this ``Organizational
Integrity'' Guidance to clarify that the Government's organizational
partners that have adopted a policy opposing prostitution and sex-
trafficking may, consistent with the policy requirement, maintain an
affiliation with separate organizations that do not have such a policy,
provided that such affiliations do not threaten the integrity of the
Government's programs and its message opposing prostitution and sex
trafficking, as specified in this guidance. To maintain program
integrity, adequate separation as outlined in this guidance is required
between an affiliate which expresses views on prostitution and sex
trafficking contrary to the government's message and any federally-
funded partner organization.
The criteria for affiliate independence in this guidance is modeled
on criteria upheld as facially constitutional by the U.S. Court of
Appeals for the Second Circuit in Velzquez v. Legal Services
Corporation, 164F.3d 757,767 (2d cir. 1999), and Brooklyn Legal
Services Corp. v. Legal Services Corp., 462 F.3d 219, 229-33 (2d Cir.
2006), cases involving similar organization-wide limitations applied to
recipients of federal funding.
This guidance clarifies that an independent organization affiliated
with a recipient of Leadership Act funds need not have a policy
explicitly opposing prostitution and sex trafficking for the recipient
to maintain compliance with the policy requirement. The independent
affiliate's position on these issues will have no effect on the
recipient organization's eligibility for Leadership Act funds, so long
as the affiliate satisfies the criteria for objective integrity and
independence detailed in the guidance. By ensuring adequate separation
between the recipient and affiliate organizations, these criteria guard
against a public perception that the affiliate's views on prostitution
and sex-trafficking maybe attributed to the recipient organization and
thus to the government, thereby avoiding the risk of confusing the
Government's message opposing prostitution and sex trafficking.
This guidance may be shared with HHS implementing partners.
Guidance: HHS contractors, grantees and recipients of cooperative
agreements (``Recipients'') must have objective integrity and
independence from any affiliated organization that engages in
activities inconsistent with a policy opposing prostitution and sex
trafficking (``restricted activities''). A recipient will be found to
have objective integrity and independence from such organization if:
(1) The affiliated organization is a legally separate entity;
(2) The affiliated organization receives no transfer or Leadership
Act funds, and Leadership Act funds do not subsidize restricted
activities; and
(3) The Recipient is physically and financially separate from the
affiliated organization. Mere bookkeeping separation of Leadership Act
funds from other funds is not sufficient. HHS will determine, on a
case-by-case basis and based on the totality of the facts, whether
sufficient physical and financial separation exists. The presence or
absence of any one or more factors will not be determinative. Factors
[[Page 41077]]
relevant to this determination shall include but will not be limited
to:
(i) The existence of separate personnel, management, and
governance;
(ii) The existence of separate accounts, accounting records, and
timekeeping records;
(iii) The degree of separation from facilities, equipment and
supplies used by the affiliated organization to conduct restricted
activities, and the extent of such restricted activities by the
affiliate;
(iv) The extent to which signs and other forms of identification
which distinguish the Recipient from the affiliated organization are
present, and signs and materials that could be associated with the
affiliated organization or restricted activities are absent; and
(v) The extent to which HHS, the U.S. Government and the project
name are protected from public association with the affiliated
organization and its restricted activities in materials such as
publications, conference and press or public statements.
EFFECTIVE DATE: This guidance is effective on the final date of
publication.
Dated: July 23, 2007.
William R. Steiger,
Director.
[FR Doc. 07-3658 Filed 7-23-07; 11:59 am]
BILLING CODE 4150-38-M
