20900 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Proposed Rules 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet above 

ground 

Communities affected 

Effective Modified 

Powers Brook ........................ Approximately 100 feet downstream of Railroad ......... None +1001 Village of Hudson, City of

Stow. 

Approximately 100 feet upstream of Norton Road ...... None +1074 

Powers Brook Tributary 2 ..... At confluence with Powers Brook ................................ +1049 +1051 City of Stow. 

Approximately 1,120 feet upstream of Stow Road ...... None +1058 

Yellow Creek ......................... Approximately 550 feet downstream of Riverview 

Road.

+734 +735 Unincorporated Areas of 

Summit County, City of 

Akron, City of Cuyahoga 

Falls. 

Approximately 50 feet upstream of Medina Line Road None +1066 

Yellow Creek Overflow ......... Approximately 70 feet above confluence with Yellow 

Creek.

None +1039 Unincorporated Areas of 

Summit County. 

Approximately 1,600 feet above confluence with Yellow Creek.None +1050 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

City of Akron 

Maps are available for inspection at 166 South High Street, Suite 100, Akron, OH 44308. 

City of Cuyahoga Falls 

Maps are available for inspection at 2310 Second Street, Cuyahoga Falls, OH 44221. 

City of Macedonia 

Maps are available for inspection at 9691 Valley View Road, Macedonia, OH 44056. 

City of Stow 

Maps are available for inspection at 3760 Darrow Road, Stow, OH 44224. 

Unincorporated Areas of Summit County 

Maps are available for inspection at 1030 East Tallmadge Avenue, Akron, OH 44310. 

Village of Boston Heights 

Maps are available for inspection at 5595 Transportation Boulevard, Suite 100, Hudson, OH 44236. 

Village of Hudson 

Maps are available for inspection at 27 East Main Street, Hudson, OH 44236. 

Village of Silver Lake 

Maps are available for inspection at 2961 Kent Road, Silver Lake, OH 44224. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: April 7, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–8323 Filed 4–16–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 88 

RIN 0991–AB46 

Office of Global Health Affairs; 

Regulation on the Organizational 

Integrity of Entities Implementing 

Leadership Act Programs and 

Activities 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Office of Global Health 

Affairs within the U.S. Department of 

Health and Human Services (HHS) is 

issuing this Notice of Proposed 

Rulemaking (NPRM) to obtain input 

from stakeholders and other interested 

parties regarding the separation that 

must exist between a recipient of HHS 

funds to implement HIV/AIDS programs 

and activities under the United States 

Leadership Against HIV/AIDS, 

Tuberculosis and Malaria Act of 2003 

(the ‘‘Leadership Act’’), Public Law No. 

108–25 (May 27, 2003), and an affiliate 

organization that engages in activities 

that are not consistent with a policy 

opposing prostitution and sex 

trafficking, as required under Section 

301(f) of the Leadership Act. 

The proposed rule 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 


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Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Proposed Rules 20901 

of the Leadership Act. Specifically, it 

describes the legal, financial, and 

organizational separation that must exist 

between these recipients of HHS HIV/ 

AIDS funds and an affiliate organization 

that engages in activities that are not 

consistent with a policy opposing 

prostitution and sex trafficking. 

DATES: To be assured consideration, 

written comments must be received on 

or before May 19, 2008. 

ADDRESSES: You may submit written 

comments to the following address: U.S. 

Department of Health and Human 

Services, Office of Global Health Affairs, 

Room 639H, 200 Independence Avenue, 

SW., Washington, DC 20201. Comments 

will be available for public inspection 

Monday through Friday, except for legal 

holidays, from 9 a.m. until 5 p.m., at 

Room 639H, 200 Independence Avenue, 

SW., Washington, DC 20201. Please call 

ahead to 1–202–690–6174, and ask for a 

representative in the Office of Global 

Health Affairs to schedule your visit. 

You may also submit written 

comments electronically via the Internet 

at http://www.regulations.gov, or via email to 

OGHA_Regulation_Comments@hhs.gov. 

You can download an electronic version 

of the NPRM at http:// 

www.regulations.gov. HHS/OGHA has 

also posted the NPRM and related 

materials to its Web site at the following 

Internet address: http:// 

www.globalhealth.gov/. 

FOR FURTHER INFORMATION CONTACT: 

William R. Steiger, PhD, Office of Global 

Health Affairs, Hubert H. Humphrey 

Building, Room 639H, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

This proposed rule implements a 

provision in the Leadership Act, section 

301(f), 22 U.S.C. 7631(f), concerning 

restrictions on the use of funds covered 

by the Leadership Act. This provision 

prohibits the use of any funds made 

available to carry out the Leadership 

Act, or any amendment made by this 

Act, to provide assistance to any group 

or organization that does not have a 

policy explicitly opposing prostitution 

and sex trafficking. 

There is a related provision in the 

Leadership Act, Section 301(e), 22 

U.S.C. 7631(e), that prohibits the use of 

funds made available to carry out the 

Act, or any amendment made by the 

Act, to promote or advocate the 

legalization or practice of prostitution or 

sex trafficking. This restriction, 

however, does not apply to the use of 

these funds for palliative care, 

treatment, or post-exposure 

pharmaceutical prophylaxis, and 

necessary pharmaceuticals and 

commodities, including test kits, 

condoms, and, when proven effective, 

microbicides. Section 301(f) of the 

Leadership Act should be read together 

with Section 301(e). 

II. Background 

The U.S. Government is opposed to 

prostitution and related activities, 

which are inherently harmful and 

dehumanizing, and contribute to the 

phenomenon of trafficking in persons. It 

is critical to the effectiveness of the 

Leadership Act, and to the U.S. 

Government’s foreign policy that 

underlies this effort, that organizations 

that receive Leadership Act funds 

maintain the integrity of the Leadership 

Act programs and activities they 

implement, and not confuse the U.S. 

Government’s message opposing 

prostitution and sex trafficking by 

holding positions that conflict with this 

policy. 

This proposed rule 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 that are receiving 

Leadership Act funds must have a 

policy explicitly opposing prostitution 

and sex trafficking. 

Any entity that receives Leadership 

Act funds for HIV/AIDS programs 

directly or indirectly (‘‘recipient’’) 

cannot use such U.S. Government funds 

to promote or advocate the legalization 

or practice of prostitution or sex 

trafficking. In addition, any recipient 

must have a policy explicitly opposing 

prostitution and sex trafficking. 

The U.S. Government is issuing this 

proposed rule on ‘‘Organizational 

Integrity’’ to clarify that the 

Government’s organizational partners 

that have adopted a policy opposing 

prostitution and sex-trafficking may, 

consistent with this policy requirement, 

maintain an affiliation with separate 

organizations that do not have such a 

policy, provided such affiliations do not 

threaten the integrity of the 

Government’s programs and its message 

opposing prostitution and sex 

trafficking, as specified in this proposed 

rule. To maintain program integrity, 

adequate separation, as outlined in this 

proposed rule, is required between an 

affiliate that expresses views on 

prostitution and sex trafficking contrary 

to the Government’s message and any 

federally funded partner organization. 

This proposed rule applies to funds 

used by the U.S. Department of Health 

and Human Services to implement HIV/ 

AIDS programs and activities under the 

Leadership Act. The rule proposes 

certification language that organizations 

must provide to receive grants, 

cooperative agreements, contracts, and 

other funding instruments made 

available by HHS. 

All prime recipients that receive U.S. 

Government funds (‘‘prime recipients’’) 

must certify compliance with the 

proposed Rule on Organizational 

Integrity prior to actual receipt of such 

funds, in a written statement addressed 

to the HHS agency’s grants or contract 

officer. The certifications by prime 

recipients are prerequisites to the 

payment of any U.S. Government funds 

in connection with an award under the 

Leadership Act. 

All recipients must insert provisions 

to implement the applicable parts of this 

proposed rule in all sub-agreements 

under their awards. These provisions 

must be express terms and conditions of 

the sub-agreement; must acknowledge 

that compliance with this proposed rule 

is a prerequisite to the receipt and 

expenditure of U.S. Government funds 

in connection with this document; and 

must acknowledge that any violation of 

the provisions shall be grounds for 

unilateral termination of the agreement, 

prior to the end of its term. 

Recipients must agree that HHS may, 

at any reasonable time, inspect the 

documents and materials maintained or 

prepared by the recipient in the usual 

course of its operations that relate to the 

organization’s compliance with this 

proposed rule. 

Nothing in the regulation is intended 

to lessen or relieve relevant prohibitions 

on Federal Government funding under 

other applicable Federal laws. 

III. Discussion of the Proposed Rule 

These sections discuss the proposed 

rule by defining the terms relevant to 

this proposed rule and discussing the 

restrictions on organizations that receive 

Leadership Act funds. 

Section 88.1 Definitions 

This Section defines the terms that are 

pertinent to this rule. Specifically, we 

propose the following definitions: 

‘‘Commercial sex act’’ means any sex act 

on account of which anything of value is 

given to or received by any person. 

‘‘Prime recipients’’ are contractors, 

grantees, applicants or awardees who receive 


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20902 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Proposed Rules 

Leadership Act funds for HIV/AIDS programs 

directly from HHS. 

‘‘Prostitution’’ means procuring or 

providing any commercial sex act. 

A ‘‘recipient’’ is a contractor, grantee, 

applicant or awardee who receives 

Leadership Act funds for HIV/AIDS programs 

directly or indirectly from HHS. Recipients 

are both prime recipients and sub-recipients. 

‘‘Sex trafficking’’ means the recruitment, 

harboring, transportation, provision, or 

obtaining of a person for the purpose of a 

commercial sex act. 

‘‘Sub-recipients’’ are contractors, grantees, 

applicants or awardees, other than the prime 

recipient, who receive Leadership Act funds 

for HIV/AIDS programs indirectly from HHS 

through a contract, grant or other financial 

agreement with a recipient. 

Section 88.2 Objective Integrity of 

Recipients 

This section of the proposed rule 

describes the separation that must exist 

between a recipient of HHS funds to 

implement HIV/AIDS programs and 

activities under the United States 

Leadership Against HIV/AIDS, 

Tuberculosis and Malaria Act of 2003 

(the ‘‘Leadership Act’’), Public Law No. 

108–25 (May 27, 2003), and an affiliate 

organization that engages in activities 

that are not consistent with a policy 

opposing prostitution and sex 

trafficking, as required under Section 

301(f) of the Leadership Act. 

Paragraph (a) sets forth criteria for 

establishing the objective integrity and 

independence that a recipient must 

have from an affiliate organization that 

engages in activities inconsistent with a 

policy opposing prostitution and sex 

trafficking. 

The criteria for affiliate independence 

in this proposed rule are modeled on 

criteria upheld as facially constitutional 

by the U.S. Court of Appeals for the 

Second Circuit in Velazquez v. Legal 

Services Corp., 164 F.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 proposed rule 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 this proposed rule. 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 may be 

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. 

Under Paragraph (b) of this section, an 

organization is ineligible to receive any 

Federal funds for HIV/AIDS programs 

made available under the Leadership 

Act, unless it has provided the 

certifications required by § 88.3. 

Section 88.3 Certifications 

This section of the proposed rule 

describes the certifications required to 

receive Leadership Act funding from 

HHS. 

The required certification implements 

the Organizational Integrity Section 

through an Organizational Integrity 

Certification, located at Section 

88.3(d)(1), in which a recipient of 

Leadership Act funds administered by 

an HHS agency certifies it has objective 

integrity and independence from any 

affiliated organization that engages in 

activities inconsistent with a policy 

opposing prostitution and sex 

trafficking. 

The certification contains 

Acknowledgement and Sub-Recipient 

Certifications at Section 88.3(d)(2) and 

(3). These require each recipient to 

acknowledge that its provision of the 

certifications is a prerequisite to 

receiving Federal funds; that the Federal 

Government can stop or withdraw those 

funds if HHS finds a certification to 

have been inaccurate, or that such a 

certification becomes inaccurate; and 

that the prime recipient will ensure all 

its sub-recipients also provide the 

required certifications. As detailed in 

the Certifications Section, a subrecipient must, at a minimum, provide 

the same certifications as those 

provided by the prime recipient. 

Paragraph (e) contains information 

regarding requirements for the renewal 

of the certifications. HHS requires each 

recipient to provide renewed 

certifications each Federal Fiscal Year, 

in alignment with the award cycle. 

Additionally, current funding 

recipients, as of the effective date of the 

regulation, must file a certification upon 

any extension, amendment, or 

modification of the funding instrument 

that extends the term of such 

instrument, or adds additional funds to 

it. 

IV. Impact Analysis 

Regulatory Flexibility Act 

The Secretary certifies under 5 U.S.C. 

605(b), as enacted by the Regulatory 

Flexibility Act (Pub. L. 96–354), that 

this rule will not result in a significant 

impact on a substantial number of small 

entities. Since enactment of the policy 

requirement in the Leadership Act, HHS 

has required its contract solicitations 

and grant announcements for 

discretionary Leadership Act funding to 

include a section regarding 

‘‘Prostitution and Related Activities.’’

The statute explicitly requires 

certifications. 

Executive Order 12866—Regulatory 

Planning and Review 

The HHS has drafted and reviewed 

this regulation in accordance with 

Executive Order 12866, Section 1(b), 

Principles of Regulation. HHS has 

determined this rule is a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, Section 3(f)(4), Regulatory 

Planning and Review, because it raises 

novel legal or policy issues that arise 

out of legal mandates and the 

President’s priorities, and, accordingly, 

the Office of Management and Budget 

has reviewed it. 

This benefits of this rule are to ensure 

that an appropriate separation exists 

between recipients of Leadership Act 

funds and affiliated entities that engage 

in activities inconsistent with a policy 

opposing prostitution and sex 

trafficking, which will prevent 

confusion of the Government’s message 

opposing prostitution and sex 

trafficking in Leadership Act programs 

and activities. 

The cost of this rule is unlikely to be 

significant. Since 2004, HHS has 

required recipients of Emergency Plan 

funding to certify their compliance with 

Section 301(f) of the Leadership Act, 

and HHS/OGHA issued a ‘‘Guidance on 

Organizational Integrity,’’ similar to this 

proposed regulation, on July 23, 2007. 

Although HHS/OGHA directed HHS 

agencies to disseminate this Guidance to 

their contractors and grantees that 

receive funding under the Leadership 

Act, and provided means for the public 

to comment on that Guidance, including 

whether the document is economically 

significant under definitions provided 

by the Office of Management and 

Budget, no one has submitted 

comments. 

Executive Order 13132—Federalism 

Executive Order 13132 on Federalism 

requires Federal Departments and 

agencies to consult with State and local 

Government officials in the 

development of regulatory policies with 

implications for Federalism. This rule 

does not have Federalism implications 

for State or local Governments, as 

defined in the Executive Order. 


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Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Proposed Rules 20903 

Unfunded Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 requires 

that a covered Federal Department or 

agency prepare a budgetary impact 

statement before promulgating a rule 

that includes any Federal mandate that 

could result in the expenditure by State, 

local, and tribal Governments, in the 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

The HHS has determined this rule 

would not impose a mandate that will 

result in the expenditure by State, local, 

and Tribal Governments, in the 

aggregate, or by the private sector, of 

more than $100 million in any one year. 

Assessment of Federal Regulation and 

Policies on Families 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 requires Federal 

Departments and agencies to determine 

whether a proposed policy or regulation 

could affect family well-being. If the 

determination is affirmative, then the 

Department or agency must prepare an 

impact assessment to address criteria 

specified in the law. These regulations 

will not have an impact on family wellbeing, as defined in this legislation. 

Paperwork Reduction Act 

To obtain or retain Leadership Act 

funding for HIV/AIDS programs and 

activities, HHS will require recipients to 

submit certifications. The title of the 

information collection is ‘‘Certification 

Regarding the Organizational Integrity 

of Entities Implementing Leadership Act 

Programs and Activities.’’ The 

documents are necessary to ensure that 

recipients of Leadership Act funding 

have objective integrity and 

independence from any affiliated 

organizations that engage in activities 

inconsistent with a policy opposing 

prostitution and sex trafficking. 

HHS estimates that 555 respondents 

will prepare documents to validate that 

recipients have objective integrity and 

independence from affiliated 

organizations that engage in activities 

inconsistent with policies opposing 

prostitution and sex trafficking. HHS 

therefore estimates annual aggregate 

burden to collect the information as 

follows: 

ANNUAL BURDEN ESTIMATES

Instrument Number of 

respondents 

Number of 

responses 

per 

respondent 

Average 

burden hours 

per response 

Total burden 

hours 

Certifications .................................................................................................... 555 1 .5 277.5 

HHS has submitted this information 

collection to the Office of Management 

and Budget (OMB) for regular approval, 

and HHS will accept comments from the 

public, in accordance with the 

Paperwork Reduction Act of 1995. 

Comments received during the comment 

period should primarily focus on the 

following: (1) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; (2) the accuracy of the 

Department’s estimate of the burden of 

the proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

how to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) how to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., by permitting the 

electronic submission of responses). 

All comments and suggestions, or 

questions regarding additional 

information, should go to HHS/OGHA. 

List of Subjects in 45 CFR Part 88 

Administrative practice and 

procedure, Federal aid programs, Grant 

programs, Grants administration. 

Dated: February 26, 2008. 

William R. Steiger, 

Director, Office of Global Health Affairs. 

Approved: March 18, 2008. 

Michael O. Leavitt, 

Secretary of Health and Human Services. 

For the reasons stated in the 

preamble, the Office of Global Health 

Affairs amends 45 CFR to add part 88 

as follows: 

PART 88—ORGANIZATIONAL 

INTEGRITY OF ENTITIES 

IMPLEMENTING PROGRAMS AND 

ACTIVITIES UNDER THE LEADERSHIP 

ACT 

Sec. 

88.1 Definitions. 

88.2 Organizational integrity of recipients. 

88.3 Certifications. 

Authority: 22 U.S.C. 7631(f) and 5 U.S.C. 

301. 

§ 88.1 Definitions. 

For the purposes of this part: 

‘‘Commercial sex act’’ means any sex 

act on account of which anything of 

value is given to or received by any 

person. 

‘‘Prime recipients’’ are contractors, 

grantees, applicants or awardees who 

receive Leadership Act funds for HIV/ 

AIDS programs directly from HHS. 

‘‘Prostitution’’ means procuring or 

providing any commercial sex act. 

A ‘‘recipient’’ is a contractor, grantee, 

applicant or awardee who receives 

Leadership Act funds for HIV/AIDS 

programs directly or indirectly from 

HHS. 

‘‘Sex trafficking’’ means the 

recruitment, harboring, transportation, 

provision, or obtaining of a person for 

the purpose of a commercial sex act. 

‘‘Sub-recipients’’ are contractors, 

grantees, applicants or awardees, other 

than prime recipients, who receive 

Leadership Act funds for HIV/AIDS 

programs indirectly from HHS through 

a contract, grant or other financial 

agreement with a recipient. 

§ 88.2 Organizational integrity of 

recipients. 

(a) A recipient must have objective 

integrity and independence from any 

affiliated organization that engages in 

activities inconsistent with a policy 

opposing prostitution and sex 

trafficking . Recipients include both 

prime recipients and subrecipients. A 

recipient will be found to have objective 

integrity and independence from such 

an organization if: 

(1) The affiliated organization is a 

legally separate entity; 

(2) The affiliated organization receives 

no transfer of Leadership Act funds, and 

Leadership Act funds do not subsidize 

activities inconsistent with a policy 

opposing prostitution and sex 

trafficking; and 


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20904 Federal Register / Vol. 73, No. 75 / Thursday, April 17, 2008 / Proposed Rules 

(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 

relevant to this determination shall 

include but will not be limited to the 

following: 

(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 

activities inconsistent with a policy 

opposing prostitution and sex 

trafficking, and the extent of such 

activities by the affiliate; 

(iv) The extent to which signs and 

other forms of identification that 

distinguish the recipient from the 

affiliated organization are present, and 

signs and materials that could be 

associated with the affiliated 

organization or activities inconsistent 

with a policy opposing prostitution and 

sex trafficking 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 

activities inconsistent with a policy 

opposing prostitution and sex 

trafficking in materials, such as 

publications, conferences and press or 

public statements. 

(b) An organization is ineligible to 

receive any Leadership Act funds unless 

it has provided the certifications 

required by § 88.3. 

§ 88.3 Certifications. 

(a) HHS agencies shall include the 

certification requirements for any grant, 

cooperative agreement, contract, or 

other funding instrument in the public 

announcement of the availability of the 

grant, cooperative agreement, contract, 

or other funding instrument. 

(b) Unless the recipient is otherwise 

excepted, a person authorized to bind 

the recipient shall execute the 

certifications for the grant, cooperative 

agreement, contract, or other funding 

instrument. 

(c) A prime recipient must submit its 

certifications to the grant or contract 

officer of the HHS agency that will 

award funds. A sub-recipient must 

provide its certifications to the prime 

recipient. The prime recipient will 

submit certifications from its subrecipients when requested to do so by 

the HHS grant or contract officer. 

(d) The certifications shall state as 

follows: 

(1) Organizational Integrity 

Certification: ‘‘I hereby certify that 

[name of recipient], a recipient of the 

funds made available through this 

[grant, cooperative agreement, contract, 

or other funding instrument], as defined 

in 45 CFR part 88, from any affiliated 

organization that engages in activities 

inconsistent with a policy opposing 

prostitution and sex trafficking.’’

(2) Acknowledgement Certification: ‘‘I 

further certify that the recipient 

acknowledges that these certifications 

are a prerequisite to receipt of U.S. 

Government funds in connection with 

this [grant, cooperative agreement, 

contract, or other funding instrument], 

and that any violation of these 

certifications shall be grounds for 

termination by HHS in accordance with 

the Federal Acquisition Regulations, 

part 49 for contracts, 45 CFR parts 74 or 

92 for grants and cooperative 

agreements, as well as any other 

remedies as provided by law.’’

(3) Sub-Recipient Certification: ‘‘I 

further certify that the recipient will 

include these identical certification 

requirements in any [grant, cooperative 

agreement, contract, or other funding 

instrument] to a sub-recipient of funds 

made available under this [grant, 

cooperative agreement, contract, or 

other funding instrument], and will 

require such sub-recipient to provide 

the same certifications that the recipient 

provided.’’

(e) Prime recipients and subrecipients of funds must file a renewed 

certification each Fiscal Year, in 

alignment with the award cycle. Prime 

recipients and sub-recipients that are 

already recipients as of the effective 

date of this regulation must file a 

certification upon any extension, 

amendment, or modification of the 

grant, cooperative agreement, contract, 

or other funding instrument that 

extends the term of such instrument, or 

adds additional funds to it. 

[FR Doc. 08–1147 Filed 4–15–08; 10:34 am] 

BILLING CODE 4150–38–P 


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