[Federal Register: May 24, 2005 (Volume 70, Number 99)]
[Notices]               
[Page 29747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my05-60]                         


[[Page 29747]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Request for Applications (RFA) AA006]

 
Increasing Access to HIV Counseling and Testing (VCT) and 
Enhancing HIV/AIDS Communications, Prevention, and Care in Botswana, 
Lesotho, South Africa, Swaziland, and Cote d'Ivoire--Amendment

    A notice announcing the availability of fiscal year (FY) 2005 funds 
for Increasing Access to HIV Counseling and Testing (VCT) and Enhancing 
HIV/AIDS Communications, Prevention, and Care in Botswana, Lesotho, 
South Africa, Swaziland, and Cote d'Ivoire was published in the Federal 
Register on Tuesday, May 3, 2005, Volume 70, Number 84, pages 22870-
22875. The notice is amended as follows:
    Replace the current language on page 22873, columns two and three, 
regarding Prostitution and Related Activities with the following:
     Prostitution and Related Activities.
    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.
    Any entity that receives, directly or indirectly, U.S. Government 
funds in connection with this document (``recipient'') cannot use such 
U.S. Government funds to promote or advocate the legalization or 
practice of prostitution or sex trafficking. Nothing in the preceding 
sentence shall be construed to preclude the provision to individuals of 
palliative care, treatment, or post-exposure pharmaceutical 
prophylaxis, and necessary pharmaceuticals and commodities, including 
test kits, condoms, and, when proven effective, microbicides. A 
recipient that is otherwise eligible to receive funds in connection 
with this document to prevent, treat, or monitor HIV/AIDS shall not be 
required to endorse or utilize a multisectoral approach to combating 
HIV/AIDS, or to endorse, utilize, or participate in a prevention method 
or treatment program to which the recipient has a religious or moral 
objection. Any information provided by recipients about the use of 
condoms as part of projects or activities that are funded in connection 
with this document shall be medically accurate and shall include the 
public health benefits and failure rates of such use.
    In addition, any recipient must have a policy explicitly opposing 
prostitution and sex trafficking. The preceding sentence shall not 
apply to any ``exempt organizations'' (defined as the Global Fund to 
Fight AIDS, Tuberculosis and Malaria, the World Health Organization, 
the International AIDS Vaccine Initiative or to any United Nations 
agency).
    The following definition applies for purposes of this clause:
     Sex trafficking means the recruitment, harboring, 
transportation, provision, or obtaining of a person for the purpose of 
a commercial sex act. 22 U.S.C. 7102(9).
    All recipients must insert provisions implementing the applicable 
parts of this section, ``Prostitution and Related Activities,'' in all 
sub-agreements under this award. These provisions must be express terms 
and conditions of the sub-agreement, must acknowledge that compliance 
with this section, ``Prostitution and Related Activities,'' is a 
prerequisite to 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 
section, ``Prostitution and Related Activities.''
    All prime recipients receiving U.S. Government funds (``prime 
recipients'') in connection with this document must certify compliance 
prior to actual receipt of such funds in a written statement 
referencing this document (e.g., ``[Prime recipient's name] certifies 
compliance with the section, ``Prostitution and Related Activities.''') 
addressed to the agency's grants officer. Such certifications by prime 
recipients are prerequisites to the payment of any U.S. Government 
funds in connection with this document.
    Recipients' compliance with this section, ``Prostitution and 
Related Activities,'' is an express term and condition of receiving 
U.S. Government funds in connection with this document, and any 
violation of it shall be grounds for unilateral termination by HHS of 
the agreement with HHS in connection with this document prior to the 
end of its term. The recipient shall refund to HHS the entire amount 
furnished in connection with this document in the event it is 
determined by HHS that the recipient has not complied with this 
section, ``Prostitution and Related Activities.''

    Dated: May 18, 2005.
William P. Nichols,
Director, Procurement and Grants Office, Centers for Disease Control 
and Prevention.
[FR Doc. 05-10293 Filed 5-23-05; 8:45 am]

BILLING CODE 4163-18-P