This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3583 

Vol. 89, No. 13 

Friday, January 19, 2024 

DEPARTMENT OF STATE 

2 CFR Part 602 

[Public Notice: 12059] 

RIN 1400–AF66 

Nondiscrimination in Foreign 

Assistance 

AGENCY: Department of State. 

ACTION: Notice of proposed rulemaking, 

request for comment. 

SUMMARY: The Foreign Assistance Act of 

1961 (FAA) and other related statutes 

such as the FREEDOM Support Act, the 

Migration and Refugee Assistance Act of 

1962, and the SEED Act of 1989, 

authorize the U.S. Department of State 

(Department) to provide foreign 

assistance that seeks to support efforts 

that would have the effect of protecting 

and promoting U.S. security, prosperity, 

and democratic values and shape an 

international environment to improve 

the lives of people around the world. To 

implement the Department’s 

expectation of nondiscrimination 

against beneficiaries of Departmentfunded foreign assistance activities, the 

Department is proposing to add a new 

award term entitled ‘‘Nondiscrimination 

in Foreign Assistance.’’ The proposed 

award term expressly states that 

recipients and subrecipients receiving 

Department-funded foreign assistance 

funds must not discriminate on 

specified bases against beneficiaries and 

potential beneficiaries or in certain 

employment decisions involving 

persons employed in the performance of 

the grants and funded in whole or in 

part with foreign assistance funds 

except where target populations are 

specified in the relevant Federal award. 

DATES: The Department will accept 

comments until March 19, 2024. 

ADDRESSES: Submit comments, 

identified by title of the action and 

Regulatory Information Number (RIN) 

by any of the following methods: 

• Visit the Regulations.gov website at: 

https://www.regulations.gov and search 

for the Regulatory Information Number 

(RIN) 1400–AF66 or docket number 

DOS–2023–0015. 

• Email: aopefagrantspolicy@

state.gov. You must include RIN 1400– 

AF66 in the subject line of your 

message. 

• All comments should include the 

commenter’s name, the organization the 

commenter represents (if applicable), 

and the commenter’s address. If the 

Department is unable to read your 

comment for any reason, and cannot 

contact you for clarification, the 

Department may not be able to consider 

your comment. After the conclusion of 

the comment period, the Department 

will publish a Final Rule that will 

address relevant comments as 

expeditiously as possible. 

• For a summary of this rulemaking, 

please go to www.regulations.gov/DOS2023-0015. 

FOR FURTHER INFORMATION CONTACT: 

Office of the Procurement Executive, 

Federal Assistance Division, 

aopefagrantspolicy@state.gov, (202) 890 

9795. 

SUPPLEMENTARY INFORMATION: The 

inclusion and equitable treatment of all 

individuals, organizations, and persons 

relevant to Department foreign 

assistance programs is critical to 

achieving effective, comprehensive, and 

sustainable foreign assistance results 

because it enhances the participation, 

contributions, and access of the target 

population. Because of this premise, 

which underpins all of the Department’s 

programs, the Department seeks to 

ensure access for all eligible 

beneficiaries of the target population 

within the scope of its foreign assistance 

grants and cooperative agreements 

without discrimination. The Department 

is embedding equity across its foreign 

affairs work and raising the visibility of 

inequities globally by providing equal 

opportunities for all eligible 

individuals, including members of 

minority groups and members of other 

underserved communities, through its 

foreign assistance programs. The 

Department seeks to improve the lives 

of people around the world by being 

inclusive and equitable in its foreign 

assistance efforts, including its 

evaluation of responses to requests for 

applications, notices of funding 

opportunities, etc. (‘‘applications’’). 

The Department is committed to a 

nondiscrimination policy in its 

programs and activities and welcomes 

applications irrespective of—race, 

ethnicity, color, religion, sex, gender, 

sexual orientation, gender identity or 

expression, sex characteristics, 

pregnancy, national origin, disability, 

age, genetic information, indigeneity, 

marital status, parental status, political 

affiliation, or veteran’s status. The 

Department seeks to ensure that 

applications for foreign assistance that 

demonstrate that the recipients of 

foreign assistance would not, in 

implementation of a potential award, 

discriminate against any beneficiaries of 

such foreign assistance funds, based on 

any of the factors listed above unless 

otherwise expressly authorized in the 

award or otherwise required by U.S. law 

in implementation of a potential award. 

Discrimination in implementation of an 

award could include such actions as 

withholding, adversely impacting, or 

denying equitable access to the benefits 

provided through the award. 

Establishing clear and meaningful 

nondiscrimination protections in 

Department foreign assistance awards 

advances U.S. foreign policy by 

ensuring that U.S. foreign assistance is 

inclusive and equitable by reaching all 

intended beneficiaries and efficiently 

accomplishing its intended objectives. 

Moreover, in the judgment of the 

Department of State, U.S. funding is less 

effective and efficient when 

discrimination prevents assistance from 

reaching those who might most benefit 

from such assistance—which hinders 

U.S. foreign policy by excluding 

individuals that the United States 

intended to receive such assistance. 

Nondiscrimination protections also 

promote equality in the administration 

of foreign assistance by requiring award 

recipients to comply with a uniform 

nondiscrimination standard. 

Nondiscrimination protections send a 

strong signal to people around the world 

that equity and inclusion are values that 

the United States takes seriously. They 

complement and affirm other 

commitments to equity in U.S. foreign 

policy, maximizing their coherence and 

effectiveness. 

Nondiscrimination principles and 

protections are essential in protecting 

and advancing the human rights of all 

persons and ensuring equitable access to 

Department foreign assistance programs. 

Recipients must adhere to this 

requirement by performing the activities 

as outlined in the Federal award. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
3584 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 

In recent years, the U.S. government 

has issued multiple policy 

pronouncements emphasizing equity, 

fairness, and human dignity. Effective 

nondiscrimination protections for 

beneficiaries of foreign assistance are a 

means toward achieving these 

objectives. For example, in 2021, the 

President issued Executive Order (E.O.) 

13985 on ‘‘Advancing Racial Equity and 

Support for Underserved Communities 

Through the Federal Government’’; and 

in 2023, the President issued E.O. 

14091, ‘‘Further Advancing Racial 

Equity and Support for Underserved 

Communities Through the Federal 

Government.’’ Furthermore, in 2011, the 

President issued E.O. 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ which, in addition to 

quantitative factors, advised that the 

qualitative values of equity, fairness, 

and human dignity are important 

considerations in agencies’ rulemaking. 

This rulemaking proposes to revise 2 

CFR part 600 to add an award term at 

§ 602, entitled ‘‘Nondiscrimination in 

Foreign Assistance.’’ The term, 

applicable to all solicitations, Federal 

awards, and subawards awarded with 

Department of State foreign assistance 

funds, prohibits recipients and 

subrecipients from discriminating 

against beneficiaries or potential 

beneficiaries (i.e., those individuals 

intended to receive the benefits of the 

award except where target populations 

are specified in the relevant Federal 

award) or persons employed in the 

performance of the award on the basis 

of any listed characteristics not 

expressly stated in the award. 

The purpose of this proposed 

rulemaking is to ensure effective 

implementation of foreign assistance 

programs consistent with U.S. foreign 

policy and the purposes of the FAA. 

Section 101 of the FAA provides that: 

‘‘[T]he Congress reaffirms the traditional 

humanitarian ideals of the American 

people and renews its commitment to 

assist people in developing countries to 

eliminate hunger, poverty, illness, and 

ignorance.’’ 22 U.S.C. 2151(a). 

The main effect of the proposed 

award term is to ensure that the 

Department’s policy and practice of 

nondiscrimination in planning foreign 

assistance projects and activities is 

followed through to completion by the 

recipients that implement them. Its 

impact on recipients is to require them 

to refrain from the discrimination 

described in the term. 

Under the statutory regime governing 

foreign assistance, and consistent with 

his responsibilities regarding the 

conduct of U.S. foreign affairs, the 

President has broad discretion to set the 

terms and conditions on which the 

United States provides such assistance. 

Many of the authorities provided under 

the Foreign Assistance Act of 1961, and 

similar statutes, explicitly allow for the 

provision of assistance ‘‘on such terms 

and conditions as [the President] may 

determine.’’ See, e.g., section 104(c)(1) 

of the FAA (22 U.S.C. 2151b(c)(1)) 

(health assistance); section 481(a)(4) of 

the FAA (22 U.S.C. 2291(a)(4)) 

(counternarcotics and anti-crime 

assistance); section 531 of the FAA (22 

U.S.C. 2346) (assistance to promote 

economic or political stability); section 

541(a) of the FAA (22 U.S.C. 2347) 

(International Military Education and 

Training assistance); section 551 of the 

FAA (22 U.S.C. 2348) (Peacekeeping 

Operations); section 571 of the FAA (22 

U.S.C. 2349aa) (anti-terrorism 

assistance); see also section 2(c)(1) of 

the MRAA; section 201 of the SEED Act 

of 1989 (amending the FAA by 

inserting, inter alia, section 498b(i))). 

The FAA provides that ‘‘[t]he 

President may exercise any functions 

conferred upon him by this Act through 

such agency or officer of the United 

States Government as he shall direct. 

The head of any such agency or such 

officer may from time to time 

promulgate such rules and regulations 

as may be necessary to carry out such 

functions. . . .’’ 22 U.S.C. 2381(a). The 

Secretary of State exercises authorities 

under the FAA as delegated by the 

President in Executive Order 12163, 

dated September 29, 1979, as amended. 

That includes the President’s authority 

to ‘‘issue and enforce regulations 

determining the eligibility of any person 

to receive funds made available under’’ 

the FAA. 22 U.S.C. 2381(b). 

These proposed rules fall within the 

Department’s authority, delegated to it 

by the President, to set conditions on 

the provision of foreign assistance, 

including on the implementers of such 

assistance. Courts have repeatedly 

recognized that the President has broad 

discretion in the conduct of foreign 

affairs to allocate foreign assistance 

funding for particular programs and to 

set the conditions on U.S. funding to 

implementers of those programs. See, 

e.g., DKT Memorial Fund v. USAID, 887 

F.2d 275, 282 (D.C. Cir. 1989); Planned 

Parenthood Federation of America v. 

USAID, 915 F.2d 59 (2d Cir. 1990); 

Center for Reproductive Law and Policy 

v. Bush, 304 F.3d 183 (2d Cir. 2002). 

These courts recognized the President’s 

broad discretion to allocate assistance 

funding for particular programs and to 

set the conditions on U.S. funding to 

non-governmental implementers of 

those programs. See, e.g., Planned 

Parenthood v. USAID, 838 F.2d 649, 654 

(2d Cir. 1988) (in carrying out the 

policies under the Foreign Assistance 

Act, ‘‘AID has ‘broad discretionary 

power’ to decide which, among 

numerous competing projects, will be 

given family planning funds’’); DKT, 

887 F.2d at 282 (‘‘President acted under 

a congressional grant of discretion as 

broadly worded as any we are likely to 

see. . . .’’). 

Moreover, the Secretary has the 

authority to promulgate such rules and 

regulations as may be necessary to carry 

out his functions and the functions of 

the Department of State. See 22 U.S.C. 

2651a(a)(4). This rule provides an award 

requirement for award recipients to 

refrain from undermining the objectives, 

terms, and conditions of foreign 

assistance funded activities by engaging 

in conduct that interferes with its 

delivery to intended beneficiaries. 

Under its grantmaking authority, the 

Department awards grants in the 

execution of foreign assistance. Prudent 

and responsible exercise of the 

Department’s foreign assistance and 

grantmaking authority requires that 

award terms ensure that foreign 

assistance reaches its intended 

beneficiaries and is not thwarted by 

discrimination on the bases covered in 

this rule. In addition to the 

Department’s authority to promulgate 

regulations under the FAA, described 

above, 2 CFR 200.211(c), (d), and (e) 

also expressly authorize the agency to 

incorporate in an award general terms 

and conditions; Federal awarding 

agency, program, or Federal award 

specific terms and conditions; and 

Federal awarding agency requirements. 

Finally, in the event that any portion 

of this the proposed rule as finalized is 

declared invalid, the Department 

intends that the various aspects be 

severable; the Department would intend 

the remaining features of the policy to 

stand. 

Regulatory Analyses 

Administrative Procedure Act 

Pursuant to the Administrative 

Procedure Act (APA), this proposed rule 

is published for public comment for a 

period of 60 days, notwithstanding the 

fact that this rule relates to grants and 

therefore is not subject to 5 U.S.C. 553. 

See 5 U.S.C. 553(a)(2).). 

Executive Orders 12866 (Regulatory 

Planning and Review), and 13563 

(Improving Regulation and Regulatory 

Review), and 14094 (Modernizing 

Regulatory Review) 

Executive Orders (E.O.s) 12866, 

13563, and 14094 direct agencies to 

assess the costs and benefits of the 


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intended regulation. E.O. 13563 allows 

that in making this assessment, an 

agency ‘‘may consider (and discuss 

qualitatively) values that are difficult or 

impossible to quantify, including 

equity, human dignity, fairness, and 

distributive impacts.’’ The Department 

has submitted this rulemaking to the 

Office of Information and Regulatory 

Affairs (OIRA) for review. OIRA has 

designated this rulemaking a 

‘‘significant regulatory action’’ under 

E.O. 12866, as amended. 

This rule provides a benefit by 

promoting nondiscrimination in 

Department of State foreign assistance, 

which itself promotes programmatic 

efficiency, with very little additional 

administrative burden anticipated for 

the affected entities, which are 

Department recipients and 

subrecipients. It does not require them 

to carry out activities beyond those in 

their cooperative agreements and grants; 

it does not ask them to alter the manner 

in which they conduct the work as set 

out in their awards. The Department 

anticipates that the benefits of the 

proposed rule are realized by (1) 

ensuring that grant solicitations and 

resulting awards clearly notify that 

recipients and subrecipients must not 

discriminate against beneficiaries and 

potential beneficiaries of foreign 

assistance or in relation to employment 

decisions to support performance of the 

award; (2) avoiding proposal evaluation 

costs arising from grantees who are 

unwilling to provide assistance to all 

intended beneficiaries; (3) helping to 

ensure that foreign assistance funded 

activities reach intended beneficiaries 

and are not undermined by 

discriminatory exclusion on the bases 

identified in the rule. If, for example, an 

award specified the provision of food 

parcels in a certain community, the 

grantee could not, on its own, decide 

that only certain members of that 

community should receive the food 

parcels or that certain members should 

be excluded. This rule makes it clear at 

the inception of an award solicitation 

and any resulting award the grantee is 

obligated to provide services and 

supplies without excluding 

beneficiaries on the bases stated in the 

rule. 

Potential costs the Department 

identifies for recipients and grantees are 

for minimal training and 

implementation guidance, to the extent 

that recipients and grantees do not 

already proscribe nondiscrimination as 

part of the normal conduct of their 

business operations, and potential 

changes in hiring practices for certain 

employees hired to support performance 

of the award. For grantees/recipients 

and subrecipients, potential costs could 

include creation of policies and 

procedures and training on 

implementation. The Department 

requests comment on costs of 

compliance with the provisions of this 

proposed rule, including estimates of 

hourly burdens and wages of employees 

that may be required to implement the 

rule, should it be finalized. 

Including this clause in all new grants 

and cooperative agreements funded by 

Department of State foreign assistance 

provides an explicit requirement that 

the Department’s recipients and 

grantees not discriminate against any 

designated group or individual (except 

as provided in the award) and is 

particularly important in countries 

where stigma and discrimination toward 

certain groups is tolerated or officially 

endorsed by the government. The 

benefits of the rule would include 

expressly reinforcing notions of equity, 

fairness, and human dignity under 

Federal Government grants and 

cooperative agreements internationally. 

Regulatory Flexibility Act 

Congress enacted the Regulatory 

Flexibility Act of 1980, as amended, 5 

U.S.C. 601–612, to ensure that 

Government regulations do not 

unnecessarily or disproportionately 

burden small entities. It requires a 

regulatory flexibility analysis if a rule is 

subject to the notice-and-comment 

provisions of the APA and would have 

a significant economic impact, either 

detrimental or beneficial, on a 

substantial number of small entities. 

This rule is exempt from the notice and 

comment requirements of the APA, as a 

matter related to grants. See 5 U.S.C. 

553(a)(2). The Department nonetheless 

provides the following information for 

the information of the public. 

The requirement this rule would 

impose on small businesses is no 

different than the requirement imposed 

on other entities: cooperative 

agreements and grants will include an 

award term clause requiring them not to 

discriminate in the employment of 

persons engaged directly in the 

performance of the Department’s foreign 

assistance cooperative agreements and 

grants and not to discriminate with 

respect to the intended beneficiaries of 

U.S. foreign assistance except as 

provided in the award. For example, an 

award might be specifically for 

businesses owned by women; in such a 

case, it would be permissible to 

‘‘discriminate in favor’’ of womenowned businesses. We do not estimate 

that this will impose a significant 

additional cost on recipients or 

subrecipients beyond adding a brief 

reminder or discussion of this 

requirement to existing trainings on 

business ethics and conduct that they 

provide to their staff. The Department 

requests comment on this assessment. 

The employees of small businesses 

will be expected to be mindful of the 

principles of equity, fairness, and 

human dignity when performing the 

work funded by taxpayer dollars, as 

they have always been. The Department 

anticipates that the additional effort 

required by small businesses as a result 

of this proposed rule is de minimis and 

is not likely to impose more than a 

negligible cost. 

In light of the above analysis, the 

Department certifies that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. The 

Department welcomes comment on any 

of its assessments in this section. 

Unfunded Mandates Act of 1995 

The Unfunded Mandates Act of 1995 

requires agencies to prepare several 

analytical statements before proposing 

any rule that may result in annual 

expenditures of $100 million or more in 

State, local, or Indian Tribal 

governments or the private sector. Since 

this final rule will not result in 

expenditures of this magnitude, the 

Department certifies that such 

statements are not necessary. 

Executive Orders 12372 and 13132— 

Federalism 

This regulation will not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing E.O. 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this regulation. 

Executive Order 13175—Consultation 

With Tribal Governments 

The Department has determined that 

this rulemaking will not have Tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian Tribal governments, and will not 

preempt Tribal law. Accordingly, the 

requirements of E.O. 13175 do not apply 

to this proposed rule. 


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3586 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Proposed Rules 

Paperwork Reduction Act 

The Department believes that the 

number of respondents submitting 

reports pursuant to this rulemaking will 

be low, possibly under the ‘‘10 

respondents per year’’ that would trigger 

the Paperwork Reduction Act. 

Nevertheless, the Department provides 

the following information, using a figure 

of ‘‘10 respondents’’ to calculate burden. 

The Department anticipates that the 

burden per response would be one hour, 

yielding a total burden of 10 hours for 

this rulemaking. The Department invites 

public comment on these figures. 

Title of Information Collection: 

Nondiscrimination in Foreign 

Assistance. 

OMB Control Number: 1405–XXXX. 

Type of Request: New collection. 

Originating Office: Department of 

State, A/OPE. 

Form Number: No form. 

Respondents: Offerors and awardees 

of Department of State foreign 

assistance. 

Estimated Number of Respondents: 

10. 

Estimated Number of Responses: 10. 

Average Time per Response: One 

hour. 

Total Estimated Burden Time: 10 

hours. 

Frequency: On occasion. 

Obligation to Respond: Mandatory. 

List of Subjects in 2 CFR Part 602 

Administrative practice and 

procedure, Grant programs. 

For the reasons set forth above, the 

Department of State proposes to add 

part 602 to title 2 of the Code of Federal 

Regulations to read as follows: 

PART 602—NONDISCRIMINATION IN 

FOREIGN ASSISTANCE 

Sec. 

602.10 Purpose of this part. 

602.20 Policy. 

602.30 Waiver. 

602.40 Award term. 

602.50 Referral. 

Authority: 5 U.S.C. 301; 22 U.S.C. 2651a, 

22 U.S.C. 2151, 22 U.S.C. 2451, 22 U.S.C. 

1461, 2 CFR part 200. 

§ 602.10 Purpose of this part. 

This part establishes policy and an 

award term for Federal awards 

subsidized in whole or in part by 

Department of State foreign assistance 

funds that states that recipients and 

subrecipients must not discriminate 

against beneficiaries and potential 

beneficiaries of foreign assistance or in 

relation to employment decisions to 

support performance of the award, in 

any way that is contrary to the scope of 

the activity as defined in the Federal 

award. 

§ 602.20 Policy. 

(a) Nondiscrimination is essential in 

protecting and advancing the human 

rights of all persons and ensuring 

equitable access to Department of State 

federally funded foreign assistance 

programs. The Department of State is 

committed to a policy of nondiscrimination on the basis of race, 

ethnicity, color, religion, sex, gender, 

sexual orientation, gender identity or 

expression, sex characteristics, 

pregnancy, national origin, disability, 

age, genetic information, indigeneity, 

marital status, parental status, political 

affiliation, or veteran’s status. 

(b) In each Federal award (e.g., grant 

or cooperative agreement) under which 

funding is provided to a non-Federal 

entity or a Foreign Public Entity (such 

as a public research university, public 

hospital, etc.), the Department will 

include an award term that authorizes 

action up to and including termination 

of the award, without penalty, if the 

recipient or a subrecipient 

discriminates, and fails to remedy in a 

manner reasonably acceptable to the 

Department, on the basis of race, 

ethnicity, color, religion, sex, sexual 

orientation, gender, gender identity or 

gender expression, sex characteristics, 

pregnancy, national origin, disability, 

age, genetic information, indigeneity, 

marital status, parental status, political 

affiliation, or veteran’s status or any 

factor not expressly stated in the award, 

against: 

(1) any beneficiary or potential 

beneficiary of the foreign assistance 

provided in performance of the award, 

such as, but not limited to, by 

withholding, adversely impacting, or 

denying equitable access to the benefits 

of foreign assistance; or 

(2) any employee, agent, or candidate 

for a position, who is or will be engaged 

directly in the performance of this 

award and whose work will be 

subsidized in whole or in part by 

Federal foreign assistance funds under 

this award, unless expressly permitted 

by applicable U.S. law. 

§ 602.30 Waiver. 

(a) The Grants Officer, with written 

concurrence from the Bureau’s Assistant 

Secretary, Chief of Mission, or other 

similar management units may waive 

the application of the requirements at 

paragraph (a)(2) of § 602.40, 

Nondiscrimination in Foreign 

Assistance, if it is determined to be in 

the best interest of the U.S. government. 

Such determinations will take into 

account the totality of the 

circumstances, including, but not 

limited to, whether the waiver is 

requested as an accommodation to 

comply with applicable foreign laws, 

edicts, or decrees. 

(b) The recipient shall submit any 

request for a waiver of the requirements 

of the paragraph at § 602.40(a)(2) in 

writing to the Grants Officer, and with 

sufficient justification for a 

determination, prior to award or 

thereafter by mutual agreement between 

the parties. 

(c) If approved pursuant to this 

section, the Grants Officer shall 

specifically denote the inapplicability of 

the paragraph at § 602.40(a)(2) in the 

Federal award. 

(d) Upon making a determination to 

waive the requirements at § 602.40(a)(2) 

pursuant to this section, the Grants 

Officer shall notify the Assistant 

Secretary of the Bureau for Democracy, 

Human Rights, and Labor, or their 

designee in writing within 30 days. 

(e) Nothing in any such waiver 

approved pursuant to this section shall 

negate any of the other requirements of 

§ 602.40. 

§ 602.40 Award term. 

The following term will be 

incorporated in Department of State 

Federal awards as applicable: 

Nondiscrimination in Foreign 

Assistance (Date) 

a. Department of State policy requires 

that the recipient or grantee not 

discriminate on the basis of race, 

ethnicity, color, religion, sex, gender, 

sexual orientation, gender identity or 

expression, sex characteristics, 

pregnancy, national origin, disability, 

age, genetic information, indigeneity, 

marital status, parental status, political 

affiliation, or veteran’s status or any 

factor not expressly stated as 

permissible in the award, against: 

1. any beneficiary or potential 

beneficiary of the foreign assistance 

provided in performance of the award, 

such as, but not limited to, by 

withholding, adversely impacting, or 

denying equitable access to the benefits 

of foreign assistance; and 

2. any employee, agent, or candidate 

for a position, who is or will be engaged 

directly in the performance of this 

award and whose work will be 

subsidized in whole or in part by 

Federal foreign assistance funds under 

this award, unless expressly permitted 

by applicable U.S. law. 

b. Nothing in this award term is 

intended to limit the ability of a 

recipient to target activities toward the 

assistance needs of certain populations 

as defined in the award. 


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c. The recipient shall post in 

conspicuous places available to 

employees and beneficiaries in their 

predominant languages the notices to be 

provided by the Department of State 

regarding the nondiscrimination policy 

implemented in this award term. 

d. The recipient shall notify 

beneficiaries and prospective 

beneficiaries that the recipient is 

prohibited from discriminating on the 

basis of race, ethnicity, color, religion, 

sex, gender, sexual orientation, gender 

identity or expression, sex 

characteristics, pregnancy, national 

origin, disability, age, genetic 

information, indigeneity, marital status, 

parental status, political affiliation, or 

veteran’s status. The notice shall 

include information (telephone 

numbers, email addresses, and mailing 

addresses) necessary to contact the 

Department of State Inspector General’s 

Fraud, Waste, and Abuse hotline to 

report potential violations of this award 

term. 

e. The recipient shall take such action 

with respect to any subaward or 

contract as the Department of State may 

direct as a means of enforcing this 

award term, including terminating for 

noncompliance. 

f. The recipient shall: 

1. Notify its employees and agents of: 

i. The policy prohibiting 

discrimination, described in paragraph 

(a) of this award term; and 

ii. The actions that will be taken 

against employees or agents for 

violations of this policy. Such actions 

for employees may include, but are not 

limited to, removal from the award, 

reduction in benefits, or termination of 

employment; and 

2. Take appropriate action, up to and 

including termination, against 

employees, agents, or subrecipients that 

violate the policy in paragraph (a) of 

this clause. 

g. Notification. 

1. The recipient shall inform the 

Grants Officer, Grants Officer 

Representative, and the Department of 

State Inspector General immediately of: 

i. Any credible information it receives 

from any source (including host country 

law enforcement) that alleges an 

employee of the recipient, subrecipient 

entity, an employee of a subrecipient, or 

their agent has engaged in conduct that 

violates the policy in paragraph (a) of 

this award term; and 

ii. Any actions taken against an 

employee of the recipient, subrecipient 

entity, an employee of a subrecipient 

employee, or their agent pursuant to this 

award term. 

2. If the allegation may be associated 

with more than one award, the recipient 

shall inform the Grants Officer for the 

award with the highest dollar value. 

h. Remedies. In addition to other 

remedies available to the U.S. 

Government, the recipient’s failure to 

comply with the requirements of this 

award term may result in: 

1. Requiring the recipient to remove 

an employee or subrecipient employee 

from the performance of the award; 

2. Requiring the award recipient to 

terminate a subaward; 

3. Suspension of award payments 

until the recipient has taken appropriate 

remedial action; 

4. Declining to exercise available 

options under the award; 

5. Termination of the award for 

default or cause, in accordance with the 

Department of State Standard Terms 

and Conditions for Federal Awards; or 

6. Suspension or debarment. 

i. The recipient must insert this award 

term, modified as appropriate or 

necessary to identify the parties, 

including this paragraph, in all 

subawards under this award. 

(End of award term) 

§ 602.50 Referral. 

A Department official will inform the 

Department’s suspension and 

debarment official if an award is 

terminated based on a violation of a 

prohibition contained in the award term 

under § 602.40. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, Department of State. 

[FR Doc. 2024–01059 Filed 1–18–24; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 166 and 167 

[Docket No. USCG–2019–0279] 

RIN 1625–AC57 

Shipping Safety Fairways Along the 

Atlantic Coast 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish shipping safety fairways 

(‘‘fairways’’) along the Atlantic Coast of 

the United States, identified in the 

Atlantic Coast Port Access Route Study. 

Fairways would preserve the safe and 

reliable transit of vessels along wellestablished traffic patterns and routes. 

While vessels are not required to use 

them, fairways are designed to keep 

traditional navigation routes free from 

fixed structures that could impact 

navigation safety and impede other 

shared offshore activities. The Coast 

Guard recognizes that there is increasing 

interest in offshore commercial 

development, including offshore 

renewable energy installations, and 

believes this development is best served 

by the establishment of consistent and 

well-defined fairways. The proposed 

fairways would help ensure that 

offshore developments remain viable by 

allowing developers to construct and 

maintain installations without risk of 

impeding vessel traffic. The Coast Guard 

is also proposing to establish traffic 

separation schemes and precautionary 

areas along the Atlantic coast to further 

improve navigation safety. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 18, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2019–0279 using the Federal Decision 

Making Portal at www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Maureen Kallgren, Coast Guard; 

telephone 202–372–1561, email 

Maureen.R.Kallgren@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Basis and Purpose 

IV. Background 

V. Discussion of ANPRM Comments 

VI. Discussion of Proposed Rule 

VII. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

The Coast Guard views public 

participation as essential to effective 

rulemaking and will consider all 

comments and material received during 

the comment period. Your comment can 


ddrumheller on DSK120RN23PROD with PROPOSALS1