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22 U.S.C. § 7104b — Monitoring and investigation of trafficking in persons

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7104b — Monitoring and investigation of trafficking in persons

**(a) Referral and investigation** (1) **Referral** — If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, including a report from a contracting officer representative, an auditor, an alleged victim or victim’s representative, or any other credible source, the contracting or grant officer shall promptly refer the matter to the agency’s Office of Inspector General for investigation. The contracting officer may also direct the contractor to take specific steps to abate an alleged violation or enforce the requirements of a compliance plan implemented pursuant to [section 7104a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104a&num=0&edition=prelim). (2) **Investigation** — An Inspector General who receives a referral under paragraph (1) or otherwise receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, shall promptly review the referral or information and determine whether to initiate an inve

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Stable record: federal_law:legal_authorities:record_usc_a8cc6761ffd087b4d40d6853
Source file: Laws/federal/codes/united-states-code/title-22/section-7104b-monitoring-and-investigation-of-trafficking-in-persons--8021427c18.md
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Passage SHA-256: 691c74010e4697c8ccd7bc73dbb1329806811a9accac944b5e68ebf36ebb1679

Source location: Title 22, Chapter 78, § 7104b; chapter-078-trafficking-victims-protection.md

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**(a) Referral and investigation** (1) **Referral** — If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, including a report from a contracting officer representative, an auditor, an alleged victim or victim’s representative, or any other credible source, the contracting or grant officer shall promptly refer the matter to the agency’s Office of Inspector General for investigation. The contracting officer may also direct the contractor to take specific steps to abate an alleged violation or enforce the requirements of a compliance plan implemented pursuant to [section 7104a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104a&num=0&edition=prelim). (2) **Investigation** — An Inspector General who receives a referral under paragraph (1) or otherwise receives credible information that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, shall promptly review the referral or information and determine whether to initiate an investigation of the matter. In the event that an Inspector General does not initiate an investigation, the Inspector General shall document the rationale for the decision not to investigate. (3) **Criminal investigation** — If the matter is referred to the Department of Justice for criminal prosecution, the Inspector General may suspend any investigation under this subsection pending the outcome of the criminal prosecution. The Inspector General shall notify the head of the executive agency that awarded the contract, grant, or cooperative agreement of an indictment, information, or criminal complaint against the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor. If the criminal investigation results in a decision not to prosecute, the Inspector General shall promptly determine whether to resume any investigation that was suspended pursuant to this paragraph. In the event that an Inspector General does not resume an investigation, the Inspector General shall document the rationale for the decision. **(b) Report** Upon completion of an investigation under subsection (a), the Inspector General shall submit a report on the investigation to the head of the executive agency that awarded the contract, grant, or cooperative agreement. The report shall include the Inspector General’s conclusions regarding whether or not any allegations that the recipient of a grant, contract, or cooperative agreement; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, engaged in any of the activities described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, are substantiated. **(c) Remedial actions** (1) **In general** — Upon receipt of an Inspector General’s report substantiating an allegation that the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, engaged in any of the activities described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, or notification of an indictment, information, or criminal complaint for an offense under subsection (a)(3), the head of agency shall refer the matter to the agency suspension and debarment official and consider taking one or more of the following remedial actions: (A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement. (B) Requiring the recipient to terminate a subcontract or subgrant. (C) Suspending payments under the grant, contract, or cooperative agreement until such time as the recipient of the grant, contract, or cooperative agreement has taken appropriate remedial action. (D) Withholding award fees, consistent with the award fee plan, for the performance period in which the agency determined the contractor or subcontractor engaged in any of the activities described in such [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim). (E) Declining to exercise available options under the contract. (F) Terminating the contract for default or cause, in accordance with the termination clause for the contract. (2) **Savings clause** — Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government. (3) **Mitigating factor** — Where applicable, the head of an executive agency may consider whether the contractor or grantee had a plan in place under [section 7104a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104a&num=0&edition=prelim), and was in compliance with that plan at the time of the violation, as a mitigating factor in determining which remedies, if any, should apply. (4) **Aggravating factor** — Where applicable, the head of an executive agency may consider the failure of a contractor or grantee to abate an alleged violation or enforce the requirements of a compliance plan when directed by a contracting officer pursuant to subsection (a)(1) as an aggravating factor in determining which remedies, if any, should apply. **(d) Inclusion of report conclusions in FAPIIS** (1) **In general** — The head of an executive agency shall ensure that any substantiated allegation in the report under subsection (b) is included in the Federal Awardee Performance and Integrity Information System (FAPIIS) and that the contractor has an opportunity to respond to any such report in accordance with applicable statutes and regulations. (2) **Omitted**

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7104a — Compliance plan and certification requirement

**(a) Requirement** The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement if the estimated value of the services required to be performed under the grant, contract, or cooperative agreement outside the United States exceeds $500,000, unless a duly designated representative of the recipient of such grant, contract, or cooperative agreement certifies to the contracting or grant officer prior to receiving an award and on an annual basis thereafter, after having conducted due diligence, that— (1) the recipient has implemented a plan to prevent the activities described in [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim), as amended by section 1702, and is in compliance with that plan; (2) the recipient has implemented procedures to prevent any activities described in such [section 7104(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim) and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient engaging in any activities described in such section; and (3) to the best of the representative’s knowledge, neither the recipient, nor any subcontractor or subgrantee of the recipient or any agent of the recipient or of such a subcontractor or subgrantee, is engaged in any of the activities described in such section. **(b) Limitation** Any plan or procedures implemented pursuant to subsection (a) shall be appropriate to the size and complexity of the grant, contract, or cooperative agreement and to the nature and scope of its activities, including the number of non-United States citizens expected to be employed. **(c) Disclosure** Th

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7104a

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 2313 — Database for Federal agency contract and grant officers and suspension and debarment officials

**(a) In General.—** Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish and maintain a database of information regarding the integrity and performance of certain persons awarded Federal agency contracts and grants for use by Federal agency officials having authority over contracts and grants. **(b) Persons Covered.—** The database shall cover the following: (1) Any person awarded a Federal agency contract or grant in excess of $500,000, if any information described in subsection (c) exists with respect to the person. (2) Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if any information described in subsection (c) exists with respect to the person. **(c) Information Included.—** With respect to a covered person, the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following: (1) Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal Government with respect to the person during the period to the extent that the proceeding results in the following dispositions: (A) In a criminal proceeding, a conviction. (B) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (C) In an administrative proceeding, a finding of fault and liability that results in— (i) the payment of a monetary fine or penalty of $5,000 or more; or (ii) the payment of a reimbursement, restitution, or damages in exce

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2313

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7101 — Purposes and findings

**(a) Purposes** The purposes of this chapter are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. **(b) Findings** Congress finds that: (1) As the 21st century begins, the degrading institution of slavery continues throughout the world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and children are trafficked into the United States each year. (2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The low status of women in many parts of the world has contributed to a burgeoning of the trafficking industry. (3) Trafficking in persons is not limited to the sex industry. This growing transnational crime also includes forced labor and involves significant violations of labor, public health, and human rights standards worldwide. (4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7101

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7104d — Rules of construction; effective date

**(a) Liability** Excluding section 1706, nothing in this title shall be construed to supersede, enlarge, or diminish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7104(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7104/g&num=0&edition=prelim)), as amended by section 1702. **(b) Authority of Department of Justice** Nothing in this title shall be construed as diminishing or otherwise modifying the authority of the Attorney General to investigate activities covered by this title. **(c) Implementation and effective dates** (1) **Contracting requirements** (A) Not later than 270 days after January 2, 2013, the Federal Acquisition Regulation shall be amended to carry out the requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title. (B) The requirements of sections 1702, 1703, and 1704(c), and the second sentence of section 1704(a)(1), of this title, shall apply to grants, contracts, and cooperative agreements entered into on or after the date that is 270 days after January 2, 2013, and to task and delivery orders awarded on or after such date pursuant to contracts entered before, on, or after such date. (2) **Investigative and procedural requirements** — Federal agencies shall implement the requirements of sections 1704, 1705, and 1707 (other than subsection (c) of section 1704) not later than 90 days after January 2, 2013. (3) **Criminal law changes** — The amendments made by section 1706 shall take effect upon the date of enactment and shall apply to conduct taking place on or after such date.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7104d

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7104b — Monitoring and investigation of traf-

Page 1906 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7104b § 7104b. Monitoring and investigation of traf- ficking in persons (a) Referral and investigation (1) Referral If the contracting or grant officer of an exec- utive agency for a grant, contract, or coopera- tive agreement receives credible information that a recipient of the grant, contract, or co- operative agreement; any subgrantee or sub- contractor of the recipient; or any agent of the recipient or of such a subgrantee or subcon- tractor, has engaged in an activity described in section 7104(g) of this title, as amended by section 1702, including a report from a con- tracting officer representative, an auditor, an alleged victim or victim’s representative, or any other credible source, the contracting or grant officer shall promptly refer the matter to the agency’s Office of Inspector General for investigation. The contracting officer may also direct the contractor to take specific steps to abate an alleged violation or enforce the requirements of a compliance plan imple- mented pursuant to section 7104a of this title. (2) Investigation An Inspector General who receives a referral under paragraph (1) or otherwise receives cred- ible information that a recipient of the grant, contract, or cooperative agreement; any sub- grantee or subcontractor of the recipient; or any agent of the recipient or of such a sub- grantee or subcontractor, has engaged in an activity described in section 7104(g) of this title, as amended by section 1702, shall promptly review the referral or information and determine whether to initiate an inves- tigation of the matter. In the event that an In- spector General does not initiate an investiga- tion, the Inspector General shall document the rationale for the

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7104b

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