RAA13. ELIGIBILITY OF SUBRECIPIENTS OF ANTI-TRAFFICKING
FUNDS (JUNE 2012)
APPLICABILITY: This provision must be included in any award that uses funds made
available to carry out the Trafficking Victims Protection Act of 2000, Division A of P.L.
106-386, for a program that targets victims of severe forms of trafficking in persons.
“Severe forms of trafficking in persons” means
(1) sex trafficking in which a commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to perform such act has not
attained 18 years of age; or
(2) the recruitment, harboring, transportation, provision, or obtaining of a
person for labor or services, through the use of force, fraud, or coercion
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for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
ELIGIBILITY OF SUBRECIPIENTS OF ANTI-TRAFFICKING FUNDS (JUNE 2012)
The recipient must not provide funds made available to carry out this award to any
organization that has not stated in either a grant application, a grant agreement, or both,
that it does not promote, support, or advocate the legalization or practice of prostitution.
Such a statement is not required, however, if the sub-recipient organization provides
services to individuals solely after they are no longer engaged in activities that resulted
from such victims being trafficked. If required, the sub-recipient organization’s statement
may be true by virtue of the organization’s lack of any policy regarding the issue.
[END OF PROVISION]
RAA14. PROHIBITION ON THE USE OF ANTI-TRAFFICKING FUNDS
TO PROMOTE, SUPPORT, OR ADVOCATE FOR THE
LEGALIZATION OR PRACTICE OF PROSTITUTION (JUNE 2012)
APPLICABILITY: This provision must be included in any award that uses funds made
available specifically under the Trafficking Victims Protection Act of 2000, Division A of
P.L. 106-386.
PROHIBITION ON THE USE OF ANTI-TRAFFICKING FUNDS TO PROMOTE,
SUPPORT, OR ADVOCATE FOR THE LEGALIZATION OR PRACTICE OF
PROSTITUTION (JUNE 2012)
None of the funds made available under this award may be used to promote, support, or
advocate the legalization or practice of prostitution. However, this prohibition does not
preclude assistance designed to ameliorate the suffering of, or health risks to, victims
while they are being trafficked or after they are out of the situation that resulted in such
victims being trafficked.
The recipient must insert this provision in all subagreements
under this award.
[END OF PROVISION]
RAA15. VOLUNTARY POPULATION PLANNING ACTIVITIES –
SUPPLEMENTAL REQUIREMENTS (JANUARY 2009)
APPLICABLITY: This provision is applicable to all awards involving any aspect of
voluntary population planning activities.
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VOLUNTARY POPULATION PLANNING ACTIVITIES – SUPPLEMENTAL
REQUIREMENTS (JANUARY 2009)
a. Voluntary Participation and Family Planning Methods:
(1) The recipient agrees to take any steps necessary to ensure that funds
made available under this award will not be used to coerce any individual
to practice methods of family planning inconsistent with such individual's
moral, philosophical, or religious beliefs. Further, the recipient agrees to
conduct its activities in a manner which safeguards the rights, health, and
welfare of all individuals who take part in the program.
(2) Activities which provide family planning services or information to
individuals, financed, in whole or in part, under this award, must provide a
broad range of family planning methods and services available in the
country in which the activity is conducted or must provide information to
such individuals regarding where such methods and services may be
obtained.
b. Requirements for Voluntary Family Planning Projects
(1) A family planning project must comply with the requirements of this
paragraph.
(2) A project is a discrete activity through which a governmental or
nongovernmental organization or Public International Organization (PIO)
provides family planning services to people and for which funds obligated
under this award, or goods or services financed with such funds, are
provided under this award, except funds solely for the participation of
personnel in short-term, widely attended training conferences or
programs.
(3) Service providers and referral agents in the project must not implement or
be subject to quotas or other numerical targets of total number of births,
number of family planning acceptors, or acceptors of a particular method
of family planning. Quantitative estimates or indicators of the number of
births, acceptors, and acceptors of a particular method that are used for
the purpose of budgeting, planning, or reporting with respect to the project
are not quotas or targets under this paragraph, unless service providers or
referral agents in the project are required to achieve the estimates or
indicators.
(4) The project must not include the payment of incentives, bribes, gratuities
or financial rewards to (i) any individual in exchange for becoming a family
planning acceptor, or (ii) any personnel performing functions under the
project for achieving a numerical quota or target of total number of births,
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number of family planning acceptors, or acceptors of a particular method
of contraception. This restriction applies to salaries or payments paid or
made to personnel performing functions under the project if the amount of
the salary or payment increases or decreases based on a predetermined
number of births, number of family planning acceptors, or number of
acceptors of a particular method of contraception that the personnel affect
or achieve.
(5) A person must not be denied any right or benefit, including the right of
access to participate in any program of general welfare or health care,
based on the person’s decision not to accept family planning services
offered by the project.
(6) The project must provide family planning acceptors comprehensible
information about the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the
use of the method. This requirement may be satisfied by providing
information in accordance with the medical practices and standards and
health conditions in the country where the project is conducted through
counseling, brochures, posters, or package inserts.
(7) The project must ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the context of a
scientific study in which participants are advised of potential risks and
benefits.
(8) With respect to projects for which USAID provides, or finances the
contribution of, contraceptive commodities or technical services and for
which there is no subaward or contract under this award, the organization
implementing a project for which such assistance is provided must agree
that the project will comply with the requirements of this paragraph while
using such commodities or receiving such services.
(9)
i) The recipient must notify USAID when it learns about an alleged
violation in a project of the requirements of subparagraphs b.(3),
b.(4), b.(5), or
b.(7).
ii) The recipient must investigate and take appropriate corrective
action, if necessary, when it learns about an alleged violation in a
project of subparagraph b.(6) and must notify USAID about
violations in a project affecting a number of people over a period of
time that indicate there is a systemic problem in the project.
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iii) The recipient must provide USAID such additional information
about violations as USAID may request.
c. Additional Requirements for Voluntary Sterilization Programs
(1) Funds made available under this award must not be used to pay
for the performance of involuntary sterilization as a method of family
planning or to coerce or provide any financial incentive to any individual to
practice sterilization.
(2)
The recipient must ensure that any surgical sterilization procedures
supported, in whole or in part, by funds from this award are performed
only after the individual has voluntarily appeared at the treatment facility
and has given informed consent to the sterilization procedure. Informed
consent means the voluntary, knowing assent from the individual after
being advised of the surgical procedures to be followed, the attendant
discomforts and risks, the benefits to be expected, the availability of
alternative methods of family planning, the purpose of the operation and
its irreversibility, and the option to withdraw consent any time prior to the
operation. An individual's consent is considered voluntary if it is based
upon the exercise of free choice and is not obtained by any special
inducement or any element of force, fraud, deceit, duress, or other forms
of coercion or misrepresentation.
(3) Further, the recipient must document the patient's informed consent by (i)
a written consent document in a language the patient understands and
speaks, which explains the basic elements of informed consent, as set out
above, and which is signed by the individual and by the attending
physician or by the authorized assistant of the attending physician;
or (ii)
when a patient is unable to read adequately a written certification by the
attending physician or by the authorized assistant of the attending
physician that the basic elements of informed consent above were orally
presented to the patient, and that the patient thereafter consented to the
performance of the operation. The receipt of this oral explanation must be
acknowledged by the patient's mark on the certification and by the
signature or mark of a witness who speaks the same language as the
patient.
(4) The recipient must retain copies of informed consent forms and
certification documents for each voluntary sterilization for a period of three
years after performance of the sterilization procedure.
d. Prohibition on Abortion-Related Activities:
(1) No funds made available under this award will be used to finance, support,
or be attributed to the following activities: (i) procurement or distribution of
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equipment intended to be used for the purpose of inducing abortions as a
method of family planning; (ii) special fees or incentives to any person to
coerce or motivate them to have abortions; (iii) payments to persons to
perform abortions or to solicit persons to undergo abortions; (iv)
information, education, training, or communication programs that seek to
promote abortion as a method of family planning;
and (v) lobbying for or
against abortion. The term “motivate,” as it relates to family planning
assistance, must not be construed to prohibit the provision, consistent with
local law, of information or counseling about all pregnancy options.
(2) No funds made available under this award will be used to pay for any
biomedical research which relates, in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilizations as a means of
family planning. Epidemiologic or descriptive research to assess the
incidence, extent or consequences of abortions is not precluded.
e. The recipient must insert this provision in all subsequent subagreements,
including subawards and contracts, involving family planning or population
activities that will be supported, in whole or in part, from funds under this
award.
