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h For purposes of this term
<br />i. } 'Employ @e' means either ii
<br />i. an mdividuaf einployed by the subgrantee or siubrecuptenf who, is engaged in
<br />the performance of the project or program under this award; or
<br />ii. another peraon engaged in the performance of the projector program under
<br />tfds award and not compensated by the subgrantee, or.subrecipient, including,
<br />but not limited to, a volunteer or individual whose services are contributed by
<br />a third party as an in -kind contribution toward cost sharing or matching
<br />_requirements.
<br />it. "Forced labor" means labor obtained by any of the following methods: the
<br />recruitment, harboring, transportation, provision, or obtaining of a person for labor or
<br />services, through the use of force, fraud, or coercion for the purpose of subjection to
<br />involuntary servitude, peonage, debt bondage or slavery.
<br />iii. "Private entity" means any entity other than a state, local government, Indian Tribe,
<br />or foreign public entity, as those terms are defined in 2 CFR 175.25, and includes
<br />non -profit organizations, including any non- profit institution of higher education,
<br />hospital, or tribal organization other than one included in the definition of Indian
<br />Tribe at 2 CFR 175.25(b), and for - profit organizations.
<br />iv. "Severe forms of trafficking in persons, „„ commercial sex act,” and "coercion" have
<br />the meanings given at section 103 of the TVPA, as amended (22 USC 7102).
<br />37. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7
<br />U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
<br />research, teaching, or other activities supported by this award of assistance,
<br />38, Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards
<br />Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other
<br />non - profit organizations.
<br />39. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
<br />amended, means information that has been determined pursuant to EO 12958 or any predecessor order to
<br />require protection against unauthorized disclosure and is marked to indicate its classified status when in
<br />documentary form.
<br />40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement
<br />for goods or services that will include access to classified national security information if the award
<br />recipient has not been approved for and has access to such information.
<br />41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has
<br />access to classified national security information, no funding under this award shall be used to support a
<br />contract, subaward, or other agreement for goods or services that will include access to classified national
<br />security information by the contactor, subawardee, or other entity without prior written approval from the
<br />DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the
<br />federal department or agency with whom the classified effort will be performed. Such contracts,
<br />subawards, or other agreements shall be processed and administered in accordance with the DHS
<br />"Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008;
<br />EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual
<br />(NISPOM); and /or other applicable implementing directives or instructions. All security requirement
<br />documents are located at: lotto' /hvww dhs gov /xopnbiz/ai•ants /index.shtm.
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