41076 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: 

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 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 143 / Thursday, July 26, 2007 / Notices 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[60Day–07–0666] 

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 

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 

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 


rwilkins on PROD1PC63 with NOTICES