[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14612-14617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03848]


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AGENCY FOR INTERNATIONAL DEVELOPMENT

48 CFR Parts 722 and 752

RIN 0412-AA95


USAID Acquisition Regulation: Safeguarding Against Exploitation, 
Sexual Abuse, Child Abuse, and Child Neglect

AGENCY: U.S. Agency for International Development.

ACTION: Proposed rule.

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SUMMARY: The U.S. Agency for International Development (USAID) seeks 
public comment on a proposed rule revising the Agency for International 
Development Acquisition Regulation (AIDAR) to incorporate new 
requirements for Protection from Sexual Exploitation and Abuse (PSEA) 
and update existing child safeguarding requirements. This proposed rule 
strengthens protections for USAID's program participants, community 
members, project staff, and other individuals in a position of 
vulnerability, and aligns and consolidates new PSEA and updated child 
safeguarding compliance and reporting requirements with existing 
requirements for Counter Trafficking in Persons.

DATES: Comments must be received no later than April 29, 2024.

ADDRESSES: You may send comments, identified by your name, company name 
(if any), and the Regulatory Information Number (RIN) 0412-AA95 for 
this rulemaking, via the following method:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
    Instructions: All submissions received must include the agency name 
and RIN for this rulemaking. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided. We recommend that you do not submit information 
that you consider Confidential Business Information (CBI) or any 
information that is otherwise protected from disclosure by statute. If 
your comment cannot be submitted using https://www.regulations.gov, 
please email the point of contact in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.

FOR FURTHER INFORMATION CONTACT: Nicole Thompson, 202-286-4696, 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Providing Accountability Through Transparency Act of 2023

    The Providing Accountability Through Transparency Act of 2023 (5 
U.S.C. 553(b)(4)) requires that a notice of proposed rulemaking include 
``the internet address of a summary of not more than 100 words in 
length of the proposed rule, in plain language, that shall be posted on 
the internet website under section 206(d) of the E-Government Act of 
2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).''
    In summary, ``USAID proposes revisions to agency regulation to 
incorporate new contract requirements strengthening protections for 
program participants, community members, project staff, and other 
individuals connected to USAID-funded programming. The revisions 
consolidate Protection from Sexual Exploitation and Abuse and Child 
Safeguarding requirements, aligning with existing Trafficking in 
Persons requirements. Specifically, for applicable awards, contractors 
will be required to: establish minimum standards for preventing and 
responding to covered violations; develop and implement a compliance 
plan; and report alleged violations and contractor actions taken in 
response. These requirements will apply to all contracts, excluding 
personal services contracts with individuals and most commercial 
contracts.''
    The proposal, including the summary provided herein, can be found 
at https://www.regulations.gov under the docket number for this 
proposed rule.

B. Request for Comments

    USAID requests public comment on all aspects of this proposal, 
including specific questions highlighted below or

[[Page 14613]]

outlined elsewhere in this document. USAID will only address 
substantive comments on the rulemaking. USAID may not consider comments 
that are insubstantial or outside the scope of the proposed rule. 
Specific feedback is requested on the following:
     When the Safeguarding Compliance Plan applies, how 
contractors plan to address compliance with and associated costs of new 
PSEA and child safeguarding requirements.
     Concerns related to potential overlap/conflict between new 
PSEA and child safeguarding requirements and contractors' existing 
policies and practices.
     Considerations related to applicability and the burden 
related to U.S. small businesses and small foreign entities, 
particularly in regards to the Compliance Plan threshold.
     Anticipated contractor reporting challenges related to 
safeguarding violations and suggested mitigation strategies.

C. Background

    Exploitation, sexual abuse, child abuse, and child neglect cause 
intolerable harm and threaten USAID's mission around the world. 
Implementing appropriate safeguarding measures to prevent and address 
violations--regardless of the method, manner, or medium in which the 
behavior occurs or is facilitated-protects USAID program participants 
(also referred to as beneficiaries in the proposed regulatory 
language), community members, project staff, and other individuals in a 
position of vulnerability, while improving development outcomes and 
allowing for children and youth, in particular, to achieve their full 
development potential. This includes measures to prevent and address 
violations that occur in or are facilitated by digital technology (and/
or other as yet unknown methods or mediums) as well as the physical 
world. Given rapid and continual advances in technology, USAID is using 
intentionally broad and inclusive language in its proposed regulatory 
text to ensure coverage of any and all alleged behaviors identified in 
this rulemaking, whether physical in the real world, or a digital harm 
depicted, produced, generated, or otherwise communicated.
    Current Federal and Agency-Specific Protections. This proposed rule 
builds on and strengthens the protections established in the 
Trafficking Victims Protection Reauthorization Act of 2013 (implemented 
at 48 CFR 22.17 and the associated clause at 48 CFR 52.222-50), the 
Assistance for Orphans and Other Vulnerable Children in Developing 
Countries Act of 2005 (Pub. L. 109-95), and the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Tsunami 
Relief of 2005 (Pub. L. 109-13, codified at 22 U.S.C. 2370b). Further, 
it is aligned with the whole of government Advancing Protection and 
Care for Children in Adversity strategy, the National Strategy on 
Gender Equity and Equality, the work of the White House Task Force to 
Address Online Harassment and Abuse, and the Strategy on Women, Peace 
and Security (WPS), along with USAID's Protection from Sexual 
Exploitation and Abuse Policy, the updated USAID Youth in Development 
Policy, and the USAID Counter-Trafficking in Persons Policy.
    The proposed rule also aligns with the existing Trafficking in 
Persons requirements (48 CFR (FAR) 52.222-50) and strengthens and 
consolidates the USAID-specific award requirements that establish child 
safeguarding standards at 48 CFR 752.7037 and standards of conduct 
related to preventing sexual exploitation and abuse at 48 CFR 752.7013.
    Rationale for Change. While the prohibitions currently outlined in 
48 CFR (FAR) 52.222-50 cover some exploitative behavior, such as sex 
and labor trafficking, the current requirements do not prohibit other 
exploitative actions, sexual abuse, child abuse, and child neglect that 
can occur during the period of performance of federally-funded 
contracts performed outside the United States. This includes 
prohibiting exploitation, sexual abuse, child abuse, and child neglect 
of any individual or group, whether that is beneficiaries, local 
community members, or contractor staff. The proposed rule will expand 
current prohibitions to include these additional categories and expand 
safeguarding requirements to cover all awards, other than those for 
personal services with individuals and certain commercial items, unless 
those contracts involve direct interaction with beneficiaries or 
routine physical access to USAID space or logical access to USAID's 
information systems. The proposed rule covers prohibited behaviors 
regardless of the method, manner, or medium in which the behaviors 
occur or are facilitated (e.g., whether through digital technology, 
and/or other as yet unknown methods or mediums, or through physical-
world violence, exploitation, and abuse). This aligns with similar 
existing provisions regarding prohibited behavior and alleged 
violations such as trafficking in persons which do not specify the 
methods, manner, or medium by which they may occur or be facilitated 
by. As discussed above, the proposed rule covers all harms, whether 
actual, attempted, or threatened, and is written with broad language to 
intentionally account for methods, manners, and mediums of harm that 
include real, depicted, produced, generated, or otherwise communicated 
content.
    The requirements in 48 CFR 752.7037 and 752.7013, cover additional 
forms of child abuse and sexual violence. However, a consolidated AIDAR 
clause is needed to establish comprehensive safeguards across all 
applicable USAID contracts, to provide clarity to contractors on 
safeguarding expectations and requirements, and to mandate the 
reporting of credible information related to violations to USAID and 
its Office of Inspector General. These requirements will work to 
prevent exploitation and abuse, particularly of the most vulnerable 
populations, and will hold individuals and organizations accountable 
when violations do occur. It mirrors the existing requirements in 48 
CFR 52.222-50 for Trafficking in Persons for further consistency.
    Alignment with international protocols. The proposed safeguarding 
rule not only strengthens existing protections but also aligns with 
existing international standards and definitions. The Inter-Agency 
Standing Committee (IASC), established pursuant to UN General Assembly 
Resolution 46/182, sets forth six core principles relating to sexual 
exploitation and abuse, which are reflected in standards of conduct 
applicable across the UN. The IASC principles prohibit SEA, including 
sexual activity with children under the age of 18, the exchange of 
money or employment for sexual favors, and sexual relationships between 
staff and beneficiaries, and require reporting of SEA concerns, along 
with maintaining an environment that does not tolerate SEA. In 
addition, Keeping Children Safe, a coalition of organizations operating 
in the aid sector, establishes international standards around child 
safeguarding to ensure children receive additional necessary 
protections--through appropriate policies, procedures, personnel, and 
accountability--when receiving development and humanitarian assistance 
or interacting with members of the aid sector or its projects as 
community members.

D. Proposed Changes to 48 CFR (AIDAR)

    New and streamlined requirements. This proposed rule amends AIDAR 
parts 722 and 752 to include new

[[Page 14614]]

safeguarding requirements applicable to all solicitations and 
contracts, excluding personal services contracts with individuals and 
commercial contracts, unless those contracts involve direct interaction 
with beneficiaries or routine physical access to USAID space or logical 
access to USAID's information systems. This proposed rule also amends 
AIDAR part 752 to delete the Child safeguarding standards clause. The 
new requirements also consolidate PSEA and child safeguarding 
compliance and reporting with existing Trafficking in Persons 
requirements. For consistency, the proposed rule aligns with the 
requirements established in the Trafficking in Persons rule and uses 
the same or substantially similar definitions (e.g., agent, employee, 
exploitation, etc.), where available. These mandatory requirements 
include measures to safeguard program participants, local communities, 
contractor staff, and other individuals in vulnerable conditions from 
harm regardless of the method, manner, or medium in which the harmful 
behaviors occur or are facilitated (e.g., whether through digital 
technology, and/or other as yet unknown methods or mediums, or through 
physical-world violence, exploitation, and abuse), and regardless of 
the place of performance of the contract by:
    (1) Establishing minimum standards for contractors to prevent, 
detect, address, and respond to exploitation, sexual abuse, child 
abuse, and child neglect;
    (2) Prohibiting exploitation, sexual abuse, child abuse, and child 
neglect; and
    (3) Requiring a survivor-centered and/or best interest of the child 
approach in situations where a potential violation has occurred.
    USAID is adding a new AIDAR section 722.70 titled Safeguarding 
Against Exploitation, Sexual Abuse, Child Abuse, and Child Neglect to 
implement these requirements. In furtherance of these requirements, the 
new AIDAR clause 752.222-7x entitled Safeguarding Against Exploitation, 
Sexual Abuse, Child Abuse, and Child Neglect requires that contractors:
    (1) Have and implement publicly available standards, policies, or 
procedures that prohibit employees, agents, interns, or any other 
person provided access or contact with beneficiaries of foreign 
assistance, from engaging in any exploitation, sexual abuse, child 
abuse, and child neglect of any person during the period of 
performance, supporting or advancing these actions, or intentionally 
ignoring or failing to act upon allegations of these actions;
    (2) For awards exceeding $550,000, develop, implement, and maintain 
a compliance plan (either in conjunction with or separate from the 
Trafficking in Persons Compliance Plan required under (48 CFR) FAR 
clause 52.222-50, Combating Trafficking in Persons) that details risk 
analysis and mitigation measures that will be implemented during the 
period of performance of the contract to prevent and address 
exploitation, sexual abuse, child abuse, and child neglect through a 
compliance plan; and
    (3) Report credible information that alleges employees, agents, 
interns, or any other person provided access or contact with 
beneficiaries, engaged in any exploitation, sexual abuse, child abuse, 
and child neglect of any person during the period of performance, 
supported or advanced these actions, or intentionally ignored or failed 
to act upon allegations of these actions; and additional information on 
any actions planned or taken in response to the allegation; and any 
actions planned or taken to assess, address, or mitigate factors that 
contributed to the incident.
    Applicability. In order to maximize the effectiveness of enhanced 
safeguarding protections and minimize harm, USAID proposes broad 
applicability to all solicitations and contracts with exceptions only 
for personal services contracts with individuals and commercial 
contracts, except when such contracts involve direct interaction with 
beneficiaries or routine physical access to USAID space or logical 
access to USAID's information systems. The decision to exclude personal 
services contracts with individuals and certain commercial contracts 
was made to eliminate any additional administrative burden under awards 
where limited to no opportunity for violations exists.

E. Regulatory Planning and Review

    This proposed rule was drafted in accordance with Executive Order 
(E.O.) 12866, as amended by E.O. 14094, and E.O. 13563. OMB has 
determined that this rulemaking is not a ``significant regulatory 
action,'' as defined in section 3(f) of E.O. 12866, as amended, and is 
therefore not subject to review by OMB. This rulemaking is not a major 
rule under 5 U.S.C. 804.

F. Regulatory Flexibility Act

    USAID does not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. USAID 
has therefore not performed an Initial Regulatory Flexibility Analysis 
(IRFA).

G. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The 
proposed rule contains information collection requirements. 
Accordingly, USAID has submitted a request for approval of a new 
information collection requirement concerning this rulemaking to the 
Office of Management and Budget.
    The outlined information collection is an element of the proposed 
rule that implements USAID's new requirements for reporting and 
recordkeeping associated with violations and mitigation measures. The 
proposed rule will incorporate a new subpart 722.70 Safeguarding 
Against Exploitation, Sexual Abuse, Child Abuse, and Child Neglect, and 
the corresponding clause of the same name into the AIDAR. This 
rulemaking is intended to streamline reporting requirements for 
contractors, subcontractors, and Agency staff across the Agency's 
projects and operations.
1. Needs and Uses
    The purpose of this collection is to enable USAID to respond to 
allegations of exploitation, sexual abuse, child abuse, and child 
neglect. Contractors will be required to report credible information 
that alleges employees, agents, interns, or any other person provided 
access or contact with beneficiaries, engaged any exploitation, sexual 
abuse, child abuse, and child neglect of any person, supported or 
advanced these actions, or intentionally ignored or failed to act upon 
allegations of these actions; and additional information on any actions 
planned or taken in response to the allegation; and any actions planned 
or taken to assess, address, or mitigate factors that contributed to 
the incident. Information submitted by contractors as part of this 
collection will be presumed to be confidential. USAID takes the 
protection of personally identifiable information (PII) seriously and 
takes precautions to ensure the confidentiality and security of PII 
consistent with USAID's Automated Directives System (ADS) chapter 508 
and does not request PII in this information collection. Agency staff 
must only share information on individual notifications on a need-to-
know basis and take steps to protect any sensitive information, 
including redacting sensitive information and limiting access.
    Information in the notification may include: award title and 
number, organization name and subcontractor

[[Page 14615]]

name, if applicable, location of the project and the incident, the type 
of allegation, the date of the incident and/or allegation, whether the 
survivor is a program participant, member of the community, or staff, 
and whether the perpetrator is a senior leader. It may also identify: 
any actions taken or next steps to respond to the incident, resources 
available or provided to the survivor, steps taken to ensure the safety 
of the survivor(s) or whistleblower(s), the status of the 
investigation, any established organizational procedures or framework, 
interim measures or final measures taken or planned to address the 
alleged perpetrator, and any protective measures or organizational 
reforms, such as changes to applicable policies and procedures. The 
notification should not include PII.
    For awards exceeding $550,000, the contractor must develop, 
implement, and maintain a compliance plan, either in conjunction with 
or separate from the Trafficking in Persons Compliance Plan, that 
details risk analysis and mitigation measures that will be implemented 
during the period of performance of the contract to prevent and address 
exploitation, sexual abuse, child abuse, and child neglect of any 
person. The contractor's compliance plan must be appropriate to the 
size and complexity of the award and to the nature and scope of the 
activities, including the particular risks presented by the operating 
context. The contractor must provide a copy of the compliance plan to 
the Contracting Officer upon request.
2. Request for Comments Regarding Paperwork Burden
    Submit comments, including suggestions for reducing this burden, 
not later than April 29, 2024 using the method specified in the 
ADDRESSES section above.
    Public comments are particularly invited on: Whether this 
collection of information is necessary to accomplish the purpose of 
this rulemaking; whether our estimate of the public burden of this 
collection of information is accurate and based on valid assumptions 
and methodology; ways to enhance the quality, utility, and clarity of 
the information to be collected; and ways in which we can minimize the 
burden of the collection of information on those who are to respond.
    Requesters may obtain a copy of the supporting statement by 
contacting [email protected]. Please cite RIN 0412-AA95 in all 
correspondence.
3. Annual Reporting Burden

Notifications

    Respondents: 45.
    Total Annual Responses: 90.
    Total Burden Hours: 360.

Compliance Plan

    Respondents: 20.
    Recordkeepers: 166.
    Total Annual Responses/Records: 186.
    Total Burden Hours: 4,004 hours.

List of Subjects in 48 CFR Parts 722 and 752

    Government procurement.

    For the reasons discussed in the preamble, USAID proposes to amend 
48 CFR chapter 7 as set forth below:

0
1. The authority citation for 48 CFR parts 722 and 752 continues to 
read as follows:

    Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 
CFR, 1979 Comp., p. 435.

PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

0
2. Add subpart 722.70 to read as follows:

Subpart 722.70--Safeguarding Against Exploitation, Sexual Abuse, 
Child Abuse, and Child Neglect

Sec.
722.7001 Scope.
722.7002 Applicability.
722.7003 Definitions.
722.7004 Policy.
722.7005 Contract clause.
Subchapter D Socioeconomic Programs


722.70  Safeguarding Against Exploitation, Sexual Abuse, Child Abuse, 
And Child Neglect


722.7001  Scope.

    This subpart prescribes policies and procedures that prohibit 
exploitation, sexual abuse, child abuse, and child neglect, occurring 
during the period of performance of USAID contracts.


722.7002  Applicability.

    This subpart applies to contracts, except as specified in section 
722.7005.


722.7003  Definitions.

    As used in this subpart--
    Definitions for the purposes of this clause.
    Agent means any individual, including a director, an officer, an 
employee, or an independent contractor, authorized to act on behalf of 
an organization.
    Child means a person younger than 18 years of age.
    Child abuse means emotional, physical, sexual, or any other ill-
treatment carried out against a child by an adult.
    Child neglect means a failure to provide for a child's basic needs 
in the absence of the child's parent or guardian when the care of the 
child is associated with a contract requirement.
    Emotional child abuse or ill-treatment means injury to the 
psychological capacity or emotional stability of the child caused by 
acts, threats of acts, or coercive tactics.
    Employee means an individual who is engaged in the performance of 
this contract as a direct employee, consultant, or volunteer of the 
contractor or any subcontractor.
    Exploitation constitutes any actual or attempted abuse of a 
position of vulnerability, differential power, or trust, including for 
the purposes of profiting monetarily, socially, or politically. When 
carried out for a sexual purpose this constitutes sexual exploitation.
    Physical child abuse means acts or failures to act resulting in 
injury (not necessarily visible), unnecessary or unjustified pain or 
suffering without causing injury, harm, or risk of harm to a child's 
health or welfare, or death.
    Sexual abuse constitutes any actual or threatened physical 
intrusion of a sexual nature towards another person whether by force or 
under unequal or coercive conditions. When carried out against a child 
by an adult, such conduct is considered sexual abuse even in the 
absence of force or unequal or coercive conditions.


722.7004  Policy.

    (a) USAID has adopted a policy prohibiting exploitation, sexual 
abuse, child abuse, and child neglect, and takes a survivor-centered 
approach and, when a child is involved, conducts a best interest of the 
child determination to address such misconduct.
    (b) Contractor must establish and implement a set of publicly 
available standards, policies, or procedures to prevent, detect, 
address, and respond to allegations of exploitation, sexual abuse, 
child abuse, and child neglect of any person during the contract 
performance by its employees, agents, visitors, interns, volunteers, or 
any other person provided access or contact with beneficiaries of 
foreign assistance by the contractor.


722.7005  Contract clause.

    (a) The contracting officer must insert the clause at 752.222-7x, 
Safeguarding Against Exploitation, Sexual Abuse,

[[Page 14616]]

Child Abuse, and Child Neglect, in solicitations and contracts except 
for:
    (1) Contracts for personal services with individuals; or
    (2) Contracts for the acquisition of commercial products or 
commercial services as defined in FAR 2.101, unless those contracts are 
anticipated to:
    (i) Provide supplies or services directly to the beneficiaries of 
foreign assistance (e.g., technical assistance and training) in foreign 
countries, or
    (ii) Require routine physical access to USAID space or logical 
access to USAID's information systems.
    (b) [Reserved]

Subchapter H--Clauses and Forms

PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Add section 752.222-7x to read as follows:


752.222-7x  Safeguarding against exploitation, sexual abuse, child 
abuse, and child neglect

    As prescribed in (48 CFR) AIDAR 722.7005, insert the following 
clause:

SAFEGUARDING AGAINST EXPLOITATION, SEXUAL ABUSE, CHILD ABUSE, AND CHILD 
NEGLECT. [DATE]

    (a) Definitions. For the purposes of this clause.
    Agent means any individual, including a director, an officer, an 
employee, or an independent contractor, authorized to act on behalf of 
an organization.
    Child means a person younger than 18 years of age.
    Child abuse means emotional, physical, sexual, or any other ill-
treatment carried out against a child by an adult.
    Child neglect means a failure to provide for a child's basic needs 
in the absence of the child's parent or guardian when the care of the 
child is associated with a contract requirement.
    Emotional child abuse or ill-treatment means injury to the 
psychological capacity or emotional stability of the child caused by 
acts, threats of acts, or coercive tactics.
    Employee means an individual who is engaged in the performance of 
this contract as a direct employee, consultant, or volunteer of the 
contractor or any subcontractor.
    Exploitation constitutes any actual or attempted abuse of a 
position of vulnerability, differential power, or trust, including for 
the purposes of profiting monetarily, socially, or politically. When 
carried out for a sexual purpose this constitutes sexual exploitation.
    Physical child abuse means acts or failures to act resulting in 
injury (not necessarily visible), unnecessary or unjustified pain or 
suffering without causing injury, harm, or risk of harm to a child's 
health or welfare, or death.
    Sexual abuse constitutes any actual or threatened physical 
intrusion of a sexual nature towards another person whether by force or 
under unequal or coercive conditions. When carried out against a child 
by an adult, such conduct is considered sexual abuse even in the 
absence of force or unequal or coercive conditions.
    (b) Requirements. During contract performance, the Contractor must 
have and implement a set of publicly available standards, policies, or 
procedures to prevent, detect, address, and respond to allegations of 
exploitation, sexual abuse, child abuse, and child neglect regardless 
of the method, manner, or medium in which the behavior occurs or is 
facilitated, including through digital technology (and/or other as yet 
unknown methods or mediums). The Contractor's standards, policies, or 
procedures must:
    (1) Prohibit employees, agents, interns, or any other person 
provided access or contact with beneficiaries of foreign assistance, 
from engaging in any exploitation, sexual abuse, child abuse, and child 
neglect of any person during the period of performance, supporting or 
advancing these actions, or intentionally ignoring or failing to act 
upon allegations of these actions;
    (2) Be consistent with the Inter-Agency Standing Committee's Six 
Core Principles Relating to Sexual Exploitation and Abuse, as amended, 
available at https://psea.interagencystandingcommittee.org/update/iasc-six-core-principles and the Keeping Children Safe Standards, available 
at https://www.keepingchildrensafe.global/accountability/;
    (3) Require reporting of suspicions or concerns related to 
violations of the prohibitions in paragraph (b)(1) of this clause to 
the Contractor;
    (4) Require a ``survivor-centered approach'' for responding to 
alleged violations of the prohibitions. Such an approach must ensure 
the survivor's dignity, experiences, considerations, needs, and 
resiliencies are placed at the center of the process;
    (5) When a child is involved, require a ``best interest of the 
child determination'' for responding to alleged violations of the 
prohibitions. This determination considers the best possible outcome 
for a vulnerable child who has been exposed to violence, abuse, 
exploitation or neglect;
    (6) Include remedies for violations;
    (7) Describe how the Contractor will monitor subcontractors, 
employees, agents, interns, or any other person provided access or 
contact with beneficiaries of foreign assistance;
    (8) Detail the actions that may be taken against subcontractors, 
employees, agents, interns, or any other person provided access or 
contact under the award who commit exploitation, sexual abuse, child 
abuse, and child neglect of any person or who fail to take reasonable 
steps to prevent it; and;
    (9) Provide transparency on hiring, screening, and employment 
practices, including on rehiring or transfer and referencing for 
subsequent employers.
    (c) Compliance plan. For awards exceeding $550,000 that are for 
supplies acquired or services performed outside the United States, the 
Contractor must develop, implement, and maintain a compliance plan, 
either in conjunction with or separate from the Trafficking in Persons 
Compliance Plan required under (48 CFR) FAR clause 52.222-50, Combating 
Trafficking in Persons, that details risk analysis and mitigation 
measures that will be implemented during the period of performance of 
the contract to prevent and address exploitation, sexual abuse, child 
abuse, and child neglect of any person, consistent with the 
requirements in paragraph (b) of this clause.
    (1) The Contractor's compliance plan must be appropriate to the 
size and complexity of the contract and to the nature and scope of the 
activities, including the particular risks presented by the operating 
context. The plan must include, at a minimum, the following:
    (i) Reasonable measures to reduce the risk of exploitation, sexual 
abuse, child abuse, and child neglect. Where implementation of projects 
under this contract may involve children, this includes limiting 
unsupervised interactions with children and complying with applicable 
laws, regulations, or customs regarding harmful image-generating 
activities of children;
    (ii) An awareness program to inform employees, agents, interns, or 
any other person provided access or contact with beneficiaries of 
foreign assistance about the requirements of this clause, including the 
activities prohibited, the action that will be taken in response to 
violations, and the mechanism(s) for reporting allegations;
    (iii) A description of how beneficiaries of foreign assistance and 
local community members:

[[Page 14617]]

    (A) Are made aware of the prohibited activities,
    (B) May report allegations, and
    (C) How paragraphs (c)(1)(iii)(A) and (B) of this clause are 
carried out in an manner which is inclusive, culturally appropriate, 
and sensitive to the context;
    (iv) Safe, accessible, and publicly available reporting 
mechanism(s) that may be integrated with any existing or similar such 
mechanisms, for anyone to confidentially report exploitation, sexual 
abuse, child abuse, and child neglect, with appropriate safeguards to 
protect whistle-blowers and survivors, including express protection 
against retaliation for reporting, and documented procedures for 
protecting personally identifiable information (PII) from unauthorized 
access and disclosure; and
    (v) Appropriate measures to protect survivors of or witnesses to 
activities prohibited in paragraph (b)(1) of this clause and not 
prevent or hinder cooperating fully with Government authorities.
    (2) The Contractor must provide a copy of the compliance plan to 
the Contracting Officer upon request.
    (d) Notification. (1) The Contractor must immediately inform, in 
writing, the Bureau for Management, Office of Management Policy, 
Budget, and Performance, Responsibility, Safeguarding and Compliance 
Division (M/MPBP/RSC) at [email protected], with a copy to the 
Contracting Officer, and USAID Office of Inspector General (OIG) 
whenever the Contractor receives credible information from any source 
that alleges the contractor, subcontractor, employee, agent, intern, or 
any other person provided access or contact with beneficiaries of 
foreign assistance has engaged in activities prohibited in paragraph 
(b)(1) of this clause; and
    (2) As soon as practicable, the Contractor must provide in writing, 
as specified in paragraph (d)(1) of this clause:
    (i) Additional information on any actions planned or taken in 
response to the allegation; and
    (ii) Any actions planned or taken to assess, address, or mitigate 
factors that contributed to the incident.
    (3) The Contracting Officer authorizes M/MPBP/RSC to correspond 
with the Contractor for further information relating to the 
notification.
    (4) In providing any notifications under this subsection, the 
Contractor should not share PII, unless specifically requested by the 
Agency or USAID OIG.
    (e) Remedies. In addition to other remedies available to the 
Government, the Contractor's failure to comply with the requirements of 
paragraph (b), (c) or (d) of this clause may also result in the Agency 
initiating suspension or debarment proceedings.
    (f) Subcontracts. (1) The Contractor must insert the terms of this 
clause, including paragraph (f) of this clause, in all subcontracts, 
except subcontracts for commercial products or commercial services as 
defined at FAR 2.101, Definitions, unless the subcontracts are to 
provide supplies or services directly to the beneficiaries of foreign 
assistance (e.g., technical assistance and training) in foreign 
countries;
    (2) The clause must be inserted without alteration except to 
require subcontractors to notify the prime contractor or next higher 
tier subcontractor. The Contractor must forward such notifications as 
required in paragraph (d) of this clause.


(End of clause)


Sec.  752.7037  [REMOVED AND RESERVED]

0
4. Remove and reserve section 752.7037

Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024-03848 Filed 2-27-24; 8:45 am]
BILLING CODE 6116-01-P