To prevent human trafficking in government contracting.

1. Adds Subtitle F--Ending Trafficking in Government Contracting SEC. 891. SHORT TITLE at the end of title VIII

   Adds a section

   In S. 3254 · Placed on Calendar Senate

   Section 845(i) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking "September 30, 2013" and inserting "September 30, 2018".

   Inserted: Subtitle F--Ending Trafficking in Government Contracting SEC. 891. SHORT TITLE.

   Inserted: This subtitle may be cited as the "End Trafficking in Government Contracting Act of 2012".

   Inserted: SEC. 892. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Commercial sex act.--The term "commercial sex act" has the meaning given the term in section 22.1702 of the Federal Acquisition Regulation (or any similar successor regulation) .

   Inserted: (2) Executive agency.--The term "executive agency" has the meaning given the term in section 133 of title 41, United States Code.

   Inserted: (3) Subcontractor.--The term "subcontractor" means a recipient of a contract at any tier under a grant, contract, or cooperative agreement.

   Inserted: (4) Subgrantee.--The term "subgrantee" means a recipient of a grant at any tier under a grant or cooperative agreement.

   Inserted: (5) 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)).

   Inserted: SEC. 893. CONTRACTING REQUIREMENTS.

   Inserted: (a) In General.--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 895(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--

   Inserted: "(i) severe forms of trafficking in persons;

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

   Inserted: "(iii) the use of forced labor in the performance of the grant, contract, or cooperative agreement, or

   Inserted: "(iv) acts that directly support or advance trafficking in persons, including the following acts:

   Inserted: "(I) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents.

   Inserted: "(II) Failing to pay return transportation costs to an employee upon the end of employment, unless--

   Inserted: "(aa) exempted from the duty to repatriate by the Federal department or agency providing or entering into the grant, contract, or cooperative agreement; or

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(IV) Charging recruited employees unreasonable placement or recruitment fees, 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.

   Inserted: "(V) Providing or arranging housing that fails to meet the host country housing and safety standards.".

   Inserted: (b) Effective Date.--The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.

   Inserted: SEC. 894. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

   Inserted: (a) Requirement.--The head of an executive agency may not provide or enter into a grant, contract, or cooperative agreement 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, 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--

   Inserted: (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;

   Inserted: (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 engaging in any activities described in such section; and

   Inserted: (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.

   Inserted: (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.

   Inserted: (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.

   Inserted: (d) Guidance.--The President, in consultation with the Secretary of State, the Attorney General, the Secretary of Defense, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive agencies as the President deems appropriate, shall establish minimum requirements for contractor plans and procedures to be implemented pursuant to this section.

   Inserted: (e) Regulations.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to carry out the purposes of this section.

   Inserted: (f) Effective Date.--The requirements under subsection (a) and (c) shall apply to grants, contracts, and cooperative agreements entered into on or after the date that is 90 days after the Federal Acquisition Regulation is amended pursuant to subsection (e).

   Inserted: SEC. 895. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.

   Inserted: (a) Referral and Investigation.--

   Inserted: (1) Referral.--If the contracting or grant officer of an executive agency for a grant, contract, or cooperative agreement receives credible information 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 893, including a report from a contracting officer representative, an auditor, an alleged victim or victim's representative, or any other credible source, the contracting or grant officer shall promptly refer the matter to the agency's Office of Inspector General for investigation. The contracting officer may also direct the contractor to take specific steps to abate an alleged violation or enforce the requirements of a compliance plan implemented pursuant to section 894.

   Inserted: (2) Investigation.--Where appropriate, an Inspector General who receives credible information 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 893, pursuant to a referral under paragraph (1) or otherwise, shall promptly initiate an investigation of the matter. In the event that an Inspector General does not initiate an investigation, the Inspector General shall provide an explanation for the decision not to investigate.

   Original wording

   At the end of title VIII, add the following:

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As printed