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.

   Inserted: (3) Criminal investigation.--If the matter is referred to the Department of Justice for criminal prosecution, the Inspector General may suspend any investigation under this subsection pending the outcome of the criminal prosecution. If the criminal investigation results in an indictment of the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, the Inspector General shall notify the head of the executive agency that awarded the contract, grant, or cooperative agreement of the indictment. If the criminal investigation results in a decision not to prosecute, the Inspector General shall resume any investigation that was suspended pursuant to this paragraph.

   Inserted: (b) Report and Determination.--

   Inserted: (1) Report.--Upon completion of an investigation under subsection (a), the Inspector General shall submit a report on the investigation, including conclusions about whether 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 893, to the head of the executive agency that awarded the contract, grant, or cooperative agreement.

   Inserted: (2) Determination.--Upon receipt of an Inspector General's report pursuant to paragraph (1), the head of the executive agency shall make a written determination whether the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, 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 893.

   Inserted: (c) Remedial Actions.--

   Inserted: (1) In general.--If the head of an executive agency determines pursuant to subsection (b)(2) that the recipient of a contract, grant, or cooperative agreement; any subgrantee or subcontractor of the recipient; or any agent of the recipient or of a subgrantee or subcontractor, 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 893, or is notified of an indictment for an offense under subsection (a)(3), the head of agency shall consider taking one or more of the following remedial actions:

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

   Inserted: (B) Requiring the recipient to terminate a subcontract or subgrant.

   Inserted: (C) Suspending payments under the grant, contract, or cooperative agreement until such time as the recipient of the grant, contract, or cooperative agreement has taken appropriate remedial action.

   Inserted: (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).

   Inserted: (E) Declining to exercise available options under the contract.

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

   Inserted: (G) Referring the matter to the agency suspension and debarment official.

   Inserted: (2) Savings clause.--Nothing in this subsection shall be construed as limiting the scope of applicable remedies available to the Federal Government.

   Inserted: (3) Mitigating factor.--Where applicable, the head of an executive agency may consider whether the contractor or grantee had a plan in place under section 894, 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.

   Inserted: (4) Aggravating factor.--Where applicable, the head of an executive agency may consider the failure of a contractor or grantee to abate an alleged violation or enforce the requirements of a compliance plan when directed by a contracting officer pursuant to subsection (a)(1) as an aggravating factor in determining which remedies, if any, should apply.

   Inserted: (d) Inclusion of Report Conclusions in FAPIIS.--

   Inserted: (1) In general.--The head of an executive agency shall ensure that any written determination under subsection (b) is included in the Federal Awardee Performance and Integrity Information System (FAPIIS).

   Inserted: (2) Amendment to title 41, united states code.--Section 2313(c)(1)(E) of title 41, United States Code, is amended to read as follows:

   Inserted: "(E) In an administrative proceeding--

   Inserted: "(i) a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note; Public Law 111-84); or

   Inserted: "(ii) a final determination, pursuant to section 895(b)(2) of the End Trafficking in Government Contracting Act of 2012, that the contractor, a subcontractor, or an agent of the contractor or subcontractor 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)).".

   Inserted: SEC. 896. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION WITH GOVERNMENT.

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

   Inserted: (1) immediately inform the Inspector General of the executive agency of any information it receives from any source that alleges credible information 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; and

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

   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. 897. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO INCLUDE ATTEMPTED FRAUD AND WORK OUTSIDE THE UNITED STATES.

   Inserted: (a) In General.--Section 1351 of title 18, United States Code, is amended--

   Inserted: (1) by striking "Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States" and inserting "(a) Work Inside the United States.--Whoever knowingly and with the intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so,"; and

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

   Inserted: "(b) Work Outside the United States.--Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States 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.".

   Inserted: (b) Special Rule for Alien Victims.--No alien may be admitted to the United States pursuant to subparagraph (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) as a result of the alien being a victim of a crime described in subsection (b) of section 1351 of title 18, United States Code, as added by subsection (a).

   Inserted: SEC. 898. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.

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

   Inserted: (1) in clause (ii), by striking "and" at the end;

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

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

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

   Inserted: (4) in clause (iv), as redesignated by paragraph (2), by inserting "and" at the end after the semicolon; and

   Inserted: (5) by adding at the end the following new clause:

   Inserted: "(v) all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics;".

   Inserted: SEC. 899. RULES OF CONSTRUCTION.

   Inserted: (a) Liability.--Excluding section 897, nothing in this subtitle 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 893.

   Inserted: (b) Authority of Department of Justice.--Nothing in this subtitle shall be construed as diminishing or otherwise modifying the authority of the Attorney General to investigate activities covered by this subtitle.

   Inserted: (c) Prospective Effect.--Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to apply to a contract or grant entered into or renewed before the date of the enactment of this subtitle.

   Original wording

   At the end of title VIII, add the following:

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As printed