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

submitted 13 years ago by Pub. L. 112-239 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 352 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bars an executive agency from awarding certain large grants, contracts, or cooperative agreements for services outside the United States unless the recipient certifies that it has a trafficking-prevention compliance plan and procedures. It also requires the plan to fit the award and requires the President to establish minimum requirements.

(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 before 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 end 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 under subsection
(a) must 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 The recipient must provide a copy of the plan to the contracting or grant officer upon request, and as appropriate, must post the useful and relevant contents of the plan or related materials on its website and at the workplace.
(d) Guidance 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, must establish minimum requirements for contractor plans and procedures to be implemented under this section.

the actual law source: uscode.house.gov ↗public domain
(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, 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) 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

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) Guidance

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.

Source credit: (Pub. L. 112–239, div. A, title XVII, § 1703, Jan. 2, 2013, 126 Stat. 2094.)

history & why it existsrecord from the source credit
  • 2013Enacted · Pub. L. 112-239 · 126 Stat. 2094

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-239 on 2013-01-02.

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