Chapter 78, Section 7104b, Subsection (c) · 22 U.S.C. Chapter 78 — TRAFFICKING VICTIMS PROTECTION

Contents

(c)

(1)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, 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.

(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)Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government.

(3)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, 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)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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 31

Show every defined term

abuse or threatened abuse of the legal process
means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
AIDS
means the acquired immune deficiency syndrome.
appropriate congressional committees
means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
coercion
means—
commercial sex act
means any sex act on account of which anything of value is given to or received by any person.
concrete actions
means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
covered grant
means a grant from the Attorney General or the Secretary of Health and Human Services under section 7104(b), 7105(b), or 7105(f) of this title;
covered recipient
means a grantee or subgrantee receiving funds under a covered grant.
credible information
includes all of the following:
debt bondage
means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
foreign person
means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign government official, but does not include a foreign state.
grounds related to human trafficking
means grounds related to the criteria for inadmissibility to the United States described in subsection (a)(2)(H) of section 1182 of title 8.
high-intensity child sex trafficking area
means a metropolitan area designated by the Director of the Federal Bureau of Investigation as having a high rate of children involved in sex trafficking.
HIV
means the human immunodeficiency virus, the pathogen that causes AIDS.
investigation and prosecution
includes—
involuntary servitude
includes a condition of servitude induced by means of—
labor trafficking
means conduct described in section 7102(9)(B) 1 of this title.
minimum standards for the elimination of trafficking
means the standards set forth in section 7106 of this title.
multilateral development bank
refers to any of the following institutions: the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.
nonhumanitarian, nontrade-related foreign assistance
means—
nonprofit organization
means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.
school staff
means teachers, nurses, school leaders and administrators, and other staff at elementary schools and secondary schools.
severe forms of trafficking in persons
means—
sex trafficking
means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.
State
means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and territories and possessions of the United States.
Task Force
means the Interagency Task Force to Monitor and Combat Trafficking established under section 7103 of this title.
United States
means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
unresolved audit finding
means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued 1
victim of a severe form of trafficking
means a person subject to an act or practice described in paragraph (11).
victim of a severe form of trafficking in persons
means only a person—
victim of trafficking
means a person subjected to an act or practice described in paragraph (11) or (12).