View all text of Chapter 78 [§ 7101 - § 7115]
§ 7104b. Monitoring and investigation of trafficking in persons
(a) Referral and investigation
(1) Referral
(2) Investigation
(3) Criminal investigation
(b) Report
(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 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) Savings clause
(3) Mitigating factor
(4) Aggravating factor
(d) Inclusion of report conclusions in FAPIIS
(1) In general
(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.)