§7104a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

A federal agency cannot give a grant, contract, or cooperative agreement if the work to be done outside the United States is worth more than $500,000 unless an official chosen by the recipient certifies, before getting the award and every year after, that after a careful check: the recipient has put in place and is following a plan to prevent certain prohibited activities listed elsewhere in the law; it has procedures to prevent, find, and stop any subcontractor, subgrantee, or employee from doing those activities; and to the best of the official’s knowledge, neither the recipient nor its subcontractors, subgrantees, or agents are doing those activities. The plan must match the size, complexity, and type of the work, including how many non-U.S. citizens will be employed. The recipient must give the plan to the government officer if asked and should post useful parts on its website and at the workplace when appropriate. The President, with advice from the Secretary of State, Attorney General, Defense, Labor, Homeland Security, USAID, and other agency heads, will set minimum rules for these plans.

Title 22, §7104a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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, 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 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)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)The recipient shall provide a copy of the plan to the contracting or grant officer upon request, and as appropriate, shall post the useful and relevant contents of the plan or related materials on its website and at the workplace.

(d)The President, in consultation with the Secretary of State, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive agencies as the President deems appropriate, shall establish minimum requirements for contractor plans and procedures to be implemented pursuant to this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 7104(g) of this title, as amended by section 1702, referred to in subsec. (a)(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.

Statutory Notes and Related Subsidiaries

Effective Date

Requirements of 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. Definitions Pub. L. 112–239, div. A, title XVII, § 1701, Jan. 2, 2013, 126 Stat. 2092, provided that: “In this title [title XVII (§§ 1701–1708) of div. A of Pub. L. 112–239, enacting this section and sections 7104b to 7104d of this title, amending section 7103 and 7104 of this title, section 1351 of Title 18, Crimes and Criminal Procedure, and section 2313 of Title 41, Public Contracts, and enacting provisions set out as a note under section 1101 of Title 8, Aliens and Nationality]: “(1) Executive agency.—The term ‘executive agency’ has the meaning given the term in section 133 of title 41, United States Code. “(2) Subcontractor.—The term ‘subcontractor’ means a recipient of a contract at any tier under a grant, contract, or cooperative agreement. “(3) Subgrantee.—The term ‘subgrantee’ means a recipient of a grant at any tier under a grant or cooperative agreement. “(4) United states.—The term ‘United States’ has the meaning provided in section 103(12) [now 103(15)] of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12) [now 7102(15)]).”

§7104a Compliance plan and certification requirement