22 U.S.C. § 7104c — Notification to Inspectors General and

Page 1907 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7104d (d) Inclusion of report conclusions in FAPIIS (1) In general The head of an executive agency shall ensure that any substantiated allegation in the re- port 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 (Pub. L. 112–239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094; Pub. L. 117–211, § 2(a), Oct. 17, 2022, 136 Stat. 2248.) Editorial Notes REFERENCES IN TEXT Section 7104(g) of this title, as amended by section 1702, referred to in subsecs. (a)(1), (2), (b), and (c)(1), means section 7104(g) of this title, as amended by sec- tion 1702 of Pub. L. 112–239. CODIFICATION Section is comprised of section 1704 of Pub. L. 112–239. Subsec. (d)(2) of section 1704 of Pub. L. 112–239 amended section 2313 of Title 41, Public Contracts. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–211, § 2(a)(1), which di- rected insertion of ‘‘refer the matter to the agency sus- pension and debarment official and’’ before ‘‘consider taking one of the following actions’’, was executed in introductory provisions by making the insertion before ‘‘consider taking one or more of the following remedial actions’’ to reflect the probable intent of Congress. Subsec. (c)(1)(G). Pub. L. 117–211, § 2(a)(2), struck out subpar. (G) which read as follows: ‘‘Referring the mat- ter to the agency suspension and debarment official.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Requirements of subsec. (c) and second sentence of subsec. (a)(1) of this section applicable to grants, con- tracts, and cooperative agreements entered into on or after the date that is 270 days after Jan. 2, 2013, and to task and delivery orders awarded on or after Jan. 2, 2013, pursuant to contracts entered before, on, or after such date, see section 7104d(c)(1)(B) of this title. § 7104c. Notification to Inspectors General and cooperation with government The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement— (1) immediately inform the Inspector Gen- eral of the executive agency of any informa- tion it receives from any source that alleges credible information that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a sub- contractor or subgrantee, has engaged in con- duct described in section 7104(g) of this title, as amended by section 1702 of this Act; and (2) fully cooperate with any Federal agencies responsible for audits, investigations, or cor- rective actions relating to trafficking in per- sons. (Pub. L. 112–239, div. A, title XVII, § 1705, Jan. 2, 2013, 126 Stat. 2097.) Editorial Notes REFERENCES IN TEXT Section 7104(g) of this title, as amended by section 1702 of this Act, referred to in par. (1), means section 7104(g) of this title, as amended by section 1702 of Pub. L. 112–239. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter. § 7104d. Rules of construction; effective date (a) Liability Excluding section 1706, nothing in this title shall be construed to supersede, enlarge, or di- minish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcon- tractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 1702. (b) Authority of Department of Justice Nothing in this title shall be construed as di- minishing 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 or- ders 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 re- quirements 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. (Pub. L. 112–239, div. A, title XVII, § 1708, Jan. 2, 2013, 126 Stat. 2098.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title XVII of div. A of Pub. L. 112–239, which enacted this section and sec-