S 2234 ISRSCommentsClose CommentsPermalink

Calendar No. 571CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2234CommentsClose CommentsPermalink

To prevent human trafficking in government contracting.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 26, 2012CommentsClose CommentsPermalink

Mr. BLUMENTHAL (for himself, Mr. PORTMAN, Mr. FRANKEN, Mr. RUBIO, Ms. COLLINS, Mr. LIEBERMAN, and Mrs. MCCASKILL, Mr. TESTER, Mr. MENENDEZ, Ms. AYOTTE, Mr. LAUTENBERG, Ms. MIKULSKI, Mrs. HUTCHISON, Mrs. GILLIBRAND, and Mr. BOOZMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

December 19, 2012CommentsClose CommentsPermalink

Reported by Mr. LIEBERMAN, with amendmentsCommentsClose CommentsPermalink

[Omit the part struck through and insert the part printed in italic]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To prevent human trafficking in government contracting.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘End Trafficking in Government Contracting Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) EXECUTIVE AGENCY- The term ‘executive agency’ has the meaning given the term in section 133 of title 41, United States Code.CommentsClose CommentsPermalink





(2) SUBCONTRACTOR- The term ‘subcontractor’ means a recipient of a contract at any tier under a grant, contract, or cooperative agreement.CommentsClose CommentsPermalink





(3) SUBGRANTEE- The term ‘subgrantee’ means a recipient of a grant at any tier under a grant or cooperative agreement.CommentsClose CommentsPermalink





(4) UNITED STATES- The term ‘United States’ has the meaning provided in section 103(12) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(12)).CommentsClose CommentsPermalink

SEC. 3. CONTRACTING REQUIREMENTS.

Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended by striking ‘if the grantee or any subgrantee,’ and all that follows through the period at the end and inserting the following: ‘or take any of the other remedial actions authorized under section 5(c) of the End Trafficking in Government Contracting Act of 2012, if the grantee or any subgrantee, or the contractor or any subcontractor, engages in, or uses labor recruiters, brokers, or other agents who engage in--CommentsClose CommentsPermalink





‘(i) severe forms of trafficking in persons;CommentsClose CommentsPermalink





‘(ii) the procurement of a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect;CommentsClose CommentsPermalink





‘(iii) the use of forced labor in the performance of the grant, contract, or cooperative agreement, orCommentsClose CommentsPermalink





‘(iv) acts that directly support or advance trafficking in persons, including the following acts:CommentsClose CommentsPermalink





‘(I) Destroying, concealing, removing, or confiscating an employee’s immigration documents without the employee’s consent.CommentsClose CommentsPermalink





‘(II) Failing to repatriate an employee upon the end of employment, unless--CommentsClose CommentsPermalink

‘(aa) exempted from the duty to repatriate by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; orCommentsClose CommentsPermalink

‘(bb) 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.CommentsClose CommentsPermalink

‘(III) 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.CommentsClose CommentsPermalink





‘(IV) Charging recruited employees exorbitant placement fees,including [Struck out->]including[<-Struck out] such as fees equal to or greater than the employee’s monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited.CommentsClose CommentsPermalink





‘(V) Providing inhumane living conditions.’.CommentsClose CommentsPermalink

SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

(a) Requirement- The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement valued at $1,000,000 or more if performance willpredominant [Struck out->]predominantly be conducted overseas[<-Struck out] substantially be conducted overseas, 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--CommentsClose CommentsPermalink





(1) the recipient has implemented a plan to prevent the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, and is in compliance with that plan;CommentsClose CommentsPermalink





(2) the recipient has implemented procedures to prevent any activities described in such section 106(g) and to monitor, detect, and terminate any subcontractor, subgrantee, or employee of the recipient found to be engaged [Struck out->]found to be engaged[<-Struck out] engaging in any activities described in such section; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) [Struck out->]Performance Predominately Overseas[<-Struck out] Performance Substantially Overseas- For purposes of subsection (a), a grant, contract, or cooperative agreement shall be considered to be [Struck out->]performed predominantly overseas[<-Struck out] performed substantially overseas 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.CommentsClose CommentsPermalink

SEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.

(a) Investigation- If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible evidence that a recipient of the grant, contract, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of such a subgrantee or subcontractor, has engaged in an activity described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3, including a report from a contracting officer representative, an inspector general, an auditor, an alleged victim or victim’s representative, or any other credible source, the contracting or grant officer shall, before exercising any option to renew such grant, contract, or cooperative agreement, request that the agency’s Office of Inspector General immediately initiate an investigation of the allegation or allegations contained in the report. If the agency’s Office of Inspector General is unable to conduct a timely investigation, the suspension and debarment office or another investigative unit of the agency shall conduct the investigation.CommentsClose CommentsPermalink





(b) Report- Upon completion of an investigation under subsection (a), the office or unit that conducted the investigation shall submit to the contracting or grant officer and, if such investigation was not conducted by the agency’s Office of Inspector General, to the agency’s Office of Inspector General, a report on the investigation, including conclusions about whether credible evidence exists that the recipient of a grant, contract, or cooperative agreement; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.CommentsClose CommentsPermalink





(c) Remedial Actions-CommentsClose CommentsPermalink





(1) IN GENERAL- If a contracting or grant official determines that a recipient of a grant, contract, or cooperative agreement, or any subcontractor or subgrantee of the recipient, has engaged in any of the activities described in such section 106(g), the contracting or grant officer shall consider taking one or more of the following remedial actions:CommentsClose CommentsPermalink





(A) Requiring the recipient to remove an employee from the performance of work under the grant, contract, or cooperative agreement.CommentsClose CommentsPermalink





(B) Requiring the recipient to terminate a subcontract or subgrant.CommentsClose CommentsPermalink





(C) Suspending payments under the grant, contract, or cooperative agreement.CommentsClose CommentsPermalink





(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 106(g).CommentsClose CommentsPermalink





(E) Declining to exercise available options under the contract.CommentsClose CommentsPermalink





(F) Terminating the contract for default or cause, in accordance with the termination clause for the contract.CommentsClose CommentsPermalink





(G) Referring the matter to the agency suspension and debarment official.CommentsClose CommentsPermalink





(H) Referring the matter to the Department of Justice for prosecution under any applicable law.CommentsClose CommentsPermalink





(2) SAVINGS CLAUSE- Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government.CommentsClose CommentsPermalink





(3) MITIGATING FACTOR- Where applicable, the contracting or grant official may consider whether the contractor or grantee had a plan in place under section 4, and was in compliance with that plan at the time of the violation, as a mitigating factor in determining which remedies, if any, should apply.CommentsClose CommentsPermalink





(d) Inclusion of Report Conclusions in FAPIIS- The contracting or grant officer shall ensure that relevant findings contained in the report under subsection (b) are included in the Federal Awardee Performance and Integrity Information System (FAPIIS). These findings shall be considered relevant past performance data for the purpose of awarding future contracts, grants, or cooperative agreements.CommentsClose CommentsPermalink

SEC. 6. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH GOVERNMENT.

The head of an executive agency making or awarding a grant, contract, or cooperative agreement shall require that the recipient of the grant, contract, or cooperative agreement--CommentsClose CommentsPermalink





(1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible evidence that the recipient; any subcontractor or subgrantee of the recipient; or any agent of the recipient or of such a subcontractor or subgrantee, has engaged in conduct described in section 106(g) of the Trafficking in Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3 of this Act; andCommentsClose CommentsPermalink





(2) fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to trafficking in persons.CommentsClose CommentsPermalink

SEC. 7. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE WORK OUTSIDE THE UNITED STATES.

Section 1351 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Whoever knowingly’ and inserting ‘(a) Work Inside the United States- Whoever knowingly’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(b) Work Outside the United States- Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of work performed on a United States Government contract performed outside the United States, or on a United States military installation or mission or other property or premises owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.’.CommentsClose CommentsPermalink

SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.

Section 105(d)(7)(H) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended--CommentsClose CommentsPermalink





(1) in clause (ii), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating clause (iii) as clause (iv);

(3) by inserting after clause (ii) the following new clause:

‘(iii) all known trafficking in persons cases reported to the Under Secretary of Defense for Personnel and Readiness;’;

(4) in clause (iv), as redesignated by paragraph (2ii), by inserting ‘and’ at the end after the semicolon; and CommentsClose CommentsPermalink




(53) by adding at the end the following new clause: CommentsClose CommentsPermalink





‘(iv) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics;’.CommentsClose CommentsPermalink

SEC. 9. RULE OF CONSTRUCTION.

Excluding section 7, nothing in this Act shall be construed to supersede, enlarge, or diminish the common law or statutory liabilities of any grantee, subgrantee, contractor, subcontractor, or other party covered by section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.CommentsClose CommentsPermalink

Calendar No. 571CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2234CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To prevent human trafficking in government contracting.CommentsClose CommentsPermalink

---

December 19, 2012CommentsClose CommentsPermalink

Reported with amendmentsCommentsClose CommentsPermalink