§ 7104b. Monitoring and investigation of trafficking in persons

Statutory text

Referral and investigation

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, 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.

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, 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.

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.

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, as amended by section 1702, are substantiated.

Remedial actions

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, 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:

Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement.

Requiring the recipient to terminate a subcontract or subgrant.

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.

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.

Declining to exercise available options under the contract.

Terminating the contract for default or cause, in accordance with the termination clause for the contract.

Savings clause

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

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, 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.

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.

Inclusion of report conclusions in FAPIIS

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.

Omitted

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2013
National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title XVII § 1704 · 126 Stat. 1632
Enacted · 22 U.S.C. § 7104b
Pub. L. 112–239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094
Source evidence
Code source credit
Pub. L. 112–239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094
Enacted provision · exact public law section
SEC. 1704. 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 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 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 1703. (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 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 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 Notification. 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 Determination. 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. Documentation. 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 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 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 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), 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 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 106(g). (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. (G) Referring the matter to the agency suspension and debarment official. (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 1703, 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) Amendment to title 41, united states code.— Section 2313(c)(1)(E) of title 41, United States Code, is amended to read as follows: “(E) In an administrative proceeding— “(i) a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note; Public Law 111–84); or “(ii) a substantiated allegation, pursuant to section 1704(b) of the National Defense Authorization Act for Fiscal Year 2013, that the contractor, a subcontractor, or an agent of the contractor or subcontractor engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)).” .
2022
End Human Trafficking in Government Contracts Act of 2022
Pub. L. 117–211 § 2(a)(1) · 136 Stat. 2248
Changed · 22 U.S.C. § 7104b(c)(1)
Pub. L. 117–211, § 2(a)(1), which directed insertion of “refer the matter to the agency suspension 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
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 117–211, § 2(a)(1), which directed insertion of “refer the matter to the agency suspension 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.
Enacted provision · exact public law section
(1) by inserting “refer the matter to the agency suspension and debarment official and” before “consider taking one of the following actions”; and
2022
End Human Trafficking in Government Contracts Act of 2022
Pub. L. 117–211 § 2(a)(2) · 136 Stat. 2248
Struck · 22 U.S.C. § 7104b(c)(1)(G)
Pub. L. 117–211, § 2(a)(2), struck out subpar. (G) which read as follows: “Referring the matter to the agency suspension and debarment official.”
Source evidence
Code amendment note
Subsec. (c)(1)(G). Pub. L. 117–211, § 2(a)(2), struck out subpar. (G) which read as follows: “Referring the matter to the agency suspension and debarment official.”
Enacted provision · exact public law section
(2) by striking subparagraph (G).

3 of 3 references resolved to an enrolled provision

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 section 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 directed insertion of “refer the matter to the agency suspension 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 matter 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, contracts, 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.

Credits

2013–2022 · 2 acts

2013Pub. L. 112–239, div. A, title XVII, § 1704, Jan. 2, 2013, 126 Stat. 2094
2022Pub. L. 117–211, § 2(a), Oct. 17, 2022, 136 Stat. 2248.

Show as published

(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.)