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Part 175—Award Term for Trafficking in Persons

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Part 175—Award Term for Trafficking in Persons Pt. 175 2 CFR Ch. I (1–1–21 Edition) PARTS 171–174 [RESERVED] tribe or foreign public entity, if fund- ing could be provided under the award PART 175—AWARD TERM FOR to a private entity as a subrecipient. (b) The award term that an agency TRAFFICKING IN PERSONS must include, as described in paragraph (a) of this section, is: Sec. 175.5 Purpose of this part. I. Trafficking in persons. 175.10 Statutory requirement. a. Provisions applicable to a recipient that is 175.15 Award term. a private entity. 175.20 Referral. 1. You as the recipient, your employees, 175.25 Definitions. subrecipients under this award, and sub- AUTHORITY: 22 U.S.C. 7104(g); 31 U.S.C. 503; recipients’ employees may not— 31 U.S.C. 1111; 41 U.S.C. 405; Reorganization i. Engage in severe forms of trafficking in Plan No. 2 of 1970; E.O. 11541, 35 FR 10737, 3 persons during the period of time that the CFR, 1966–1970, p. 939. award is in effect; ii. Procure a commercial sex act during the SOURCE: 72 FR 63783, Nov. 13, 2007, unless period of time that the award is in effect; or otherwise noted. iii. Use forced labor in the performance of the award or subawards under the award. § 175.5 Purpose of this part. 2. We as the Federal awarding agency may This part establishes a Government- unilaterally terminate this award, without wide award term for grants and cooper- penalty, if you or a subrecipient that is a ative agreements to implement the re- private entity — quirement in paragraph (g) of section i. Is determined to have violated a prohibi- tion in paragraph a.1 of this award term; or 106 of the Trafficking Victims Protec- ii. Has an employee who is determined by tion Act of 2000 (TVPA), as amended (22 the agency official authorized to terminate U.S.C. 7104(g)). the award to have violated a prohibition in paragraph a.1 of this award term through § 175.10 Statutory requirement. conduct that is either— In each agency award (i.e., grant or A. Associated with performance under this cooperative agreement) under which award; or B. Imputed to you or the subrecipient funding is provided to a private entity, using the standards and due process for im- section 106(g) of the TVPA, as amend- puting the conduct of an individual to an or- ed, requires the agency to include a ganization that are provided in 2 CFR part condition that authorizes the agency 180, ‘‘OMB Guidelines to Agencies on Govern- to terminate the award, without pen- mentwide Debarment and Suspension (Non- alty, if the recipient or a sub- procurement),’’ as implemented by our agen- recipient— cy at [agency must insert reference here to its (a) Engages in severe forms of traf- regulatory implementation of the OMB guide- ficking in persons during the period of lines in 2 CFR part 180 (e.g., ‘‘2 CFR part XX’’)]. time that the award is in effect; b. Provision applicable to a recipient other (b) Procures a commercial sex act than a private entity. We as the Federal during the period of time that the awarding agency may unilaterally terminate award is in effect; or this award, without penalty, if a sub- (c) Uses forced labor in the perform- recipient that is a private entity— ance of the award or subawards under 1. Is determined to have violated an appli- the award. cable prohibition in paragraph a.1 of this award term; or § 175.15 Award term. 2. Has an employee who is determined by the agency official authorized to terminate (a) To implement the trafficking in the award to have violated an applicable pro- persons requirement in section 106(g) of hibition in paragraph a.1 of this award term the TVPA, as amended, a Federal through conduct that is either— awarding agency must include the i. Associated with performance under this award term in paragraph (b) of this sec- award; or tion in— ii. Imputed to the subrecipient using the (1) A grant or cooperative agreement standards and due process for imputing the conduct of an individual to an organization to a private entity, as defined in that are provided in 2 CFR part 180, ‘‘OMB § 175.25(d); and Guidelines to Agencies on Governmentwide (2) A grant or cooperative agreement Debarment and Suspension (Nonprocure- to a State, local government, Indian ment),’’ as implemented by our agency at 20 VerDate Sep<11>2014 13:23 Jun 29, 2021 Jkt 253005 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\253005.XXX 253005 OMB Guidance, Grants and Agreements § 175.25 [agency must insert reference here to its regu- § 175.20 Referral. latory implementation of the OMB guidelines in 2 CFR part 180 (e.g., ‘‘2 CFR part XX’’)]. An agency official should inform the c. Provisions applicable to any recipient. agency’s suspending or debarring offi- 1. You must inform us immediately of any cial if he or she terminates an award information you receive from any source al- based on a violation of a prohibition leging a violation of a prohibition in para- contained in the award term under graph a.1 of this award term. § 175.15. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this sec- § 175.25 Definitions. tion: i. Implements section 106(g) of the Traf- Terms used in this part are defined as ficking Victims Protection Act of 2000 follows: (TVPA), as amended (22 U.S.C. 7104(g)), and (a) Foreign public entity means: ii. Is in addition to all other remedies for (1) A foreign government or foreign noncompliance that are available to us under governmental entity; this award. (2) A public international organiza- 3. You must include the requirements of tion, which is an organization entitled paragraph a.1 of this award term in any subaward you make to a private entity. to enjoy privileges, exemptions, and d. Definitions. For purposes of this award immunities as an international organi- term: zation under the International Organi- 1. ‘‘Employee’’ means either: zations Immunities Act (22 U.S.C. 288– i. An individual employed by you or a sub- 288f); recipient who is engaged in the performance (3) An entity owned (in whole or in of the project or program under this award; part) or controlled by a foreign govern- or ment; and ii. Another person engaged in the perform- ance of the project or program under this (4) Any other entity consisting whol- award and not compensated by you includ- ly or partially of one or more foreign ing, but not limited to, a volunteer or indi- governments or foreign governmental vidual whose services are contributed by a entities. third party as an in-kind contribution to- (b) Indian tribe means any Indian ward cost sharing or matching requirements. tribe, band, nation, or other organized 2. ‘‘Forced labor’’ means labor obtained by group or community, including any any of the following methods: the recruit- Alaskan Native village or regional or ment, harboring, transportation, provision, or obtaining of a person for labor or services, village corporation (as defined in, or through the use of force, fraud, or coercion established under, the Alaskan Native for the purpose of subjection to involuntary Claims Settlement Act (43 U.S.C. 1601, servitude, peonage, debt bondage, or slavery. et seq.)) that is recognized by the 3. ‘‘Private entity’’: United States as eligible for the special i. Means any entity other than a State, programs and services provided by the local government, Indian tribe, or foreign United States to Indians because of public entity, as those terms are defined in 2 their status as Indians. CFR 175.25. ii. Includes: (c) Local government means a: A. A nonprofit organization, including any (1) County; nonprofit institution of higher education, (2) Borough; hospital, or tribal organization other than (3) Municipality; one included in the definition of Indian tribe (4) City; at 2 CFR 175.25(b). (5) Town; B. A for-profit organization. (6) Township; 4. ‘‘Severe forms of trafficking in persons,’’ (7) Parish; ‘‘commercial sex act,’’ and ‘‘coercion’’ have (8) Local public authority, including the meanings given at section 103 of the any public housing agency under the TVPA, as amended (22 U.S.C. 7102). United States Housing Act of 1937; (c) An agency may use different let- (9) Special district; ters and numbers to designate the (10) School district; paragraphs of the award term in para- (11) Intrastate district; graph (b) of this section, if necessary, (12) Council of governments, whether to conform the system of paragraph or not incorporated as a nonprofit cor- designations with the one used in other poration under State law; and terms and conditions in the agency’s (13) Any other instrumentality of a awards. local government. 21 VerDate Sep<11>2014 13:23 Jun 29, 2021 Jkt 253005 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:\SGML\253005.XXX 253005 Pt. 176 2 CFR Ch. I (1–1–21 Edition) (d) Private entity. (1) This term means 176.100 Timely determination concerning any entity other than a State, local the inapplicability of section 1605 of the government, Indian tribe, or foreign Recovery Act. public entity. 176.110 Evaluating proposals of foreign iron, steel, and/or manufactured goods. (2) This term includes: 176.120 Determinations on late requests. (i) A nonprofit organization, includ- 176.130 Noncompliance. ing any nonprofit institution of higher 176.140 Award term—Required Use of Amer- education, hospital, or tribal organiza- ican Iron, Steel, and Manufactured tion other than one included in the def- Goods—Section 1605 of the American Re- inition of Indian tribe in paragraph (b) covery and Reinvestment Act of 2009.
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