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13 3. Trafficking Victims Protection Act of 2000 The Trafficking Victims Protection Act of 2000, as amended (22 USC 7104) requires any agency that awards a grant to a private entity to include a condition authorizing the agency to terminate the grant or take other remedial actions, without penalty, if the private entity engages in certain activities related to trafficking in persons. As part of the implementation of the Act, the Office of Federal Financial Management has established terms that must be included in every grant agreement. See 2 CFR 175.15. Under the Act, a grantee that is a private entity and any sub-recipient that is a private entity may not engage in, or use labor recruiters, brokers, or other agents who engage in— a. Severe forms of trafficking in persons; b. The procurement of a commercial sex act during the period of time that the award is in effect; c. The use of forced labor in the performance of the award; d. Acts that directly support or advance trafficking in persons, including the following acts: • Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents. • Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or the employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action. • Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. • Charging recruited employees placement or recruitment fees. • Providing or arranging housing that fails to meet the host country housing and safety standards. The IRS may unilaterally terminate the award or take other remedial actions, without penalty, if any private entity is determined to have violated a prohibition in items a, b, c, or d above or has an employee who is determined by the IRS official authorized to terminate the award to have violated a prohibition in items a, b, c, or d above through conduct that is either: • Associated with performance under the award; or • Imputed to the private entity using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non Procurement), as implemented by the Department of the Treasury at 31 CFR Part 19. 4. Federal Funding Accountability and Transparency Act The Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended, is intended to empower Americans with the ability to hold the government accountable for each spending decision. Each applicant must ensure it has the necessary processes and systems in place to comply with the FFATA reporting requirements should it receive funding. OMB has issued guidance to establish requirements for non-federal entities to report information about executive compensation in certain circumstances. For more information, see 2 CFR Part 170. Assurances and Certifications