S.Amdt. 2800Senate115th Congress (2017-2019)2nd degree
S.Amdt. 2800
Sponsored by
Sen. Richard Blumenthal (D-CT)
Submitted June 12, 2018
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Senate amendment submitted
June 12, 2018
Text
Submitted
SA 2800. Mr. BLUMENTHAL submitted an amendment intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle B of title VIII, add the following: SEC. 823. ENHANCEMENT OF MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. Section 1704 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104b) is amended by adding at the end the following new subsection: ``(e) Supply Chain Transparency.-- ``(1) In general.--To facilitate monitoring and investigation of human trafficking, the Office of Management and Budget shall ensure that the searchable public website established pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) includes the following information on Federal awards at each tier to both domestic and foreign awardees: ``(B) Notice of whether a contractor must provide a compliance plan to prevent human trafficking under section 1703 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 1704a). ``(C) Notice of whether the location of performance or production facilities is within a country ranked at tier 2 or tier 3 in the most recent Human Trafficking Report of the Department of State. ``(D) Additional information that facilitates monitoring and investigation of human trafficking. ``(2) Phase-in period for reporting subcontracts and subgrants.--Pursuant to paragraph (1), the Director of the Office of Management and Budget shall-- ``(A) issue a time-bound plan to phase in the new reporting not later than January 1, 2020; ``(B) require reporting of subcontract and subgrant data at tier one not later than January 1, 2020; ``(C) require reporting of subcontract and subgrant data at tier two not later than January 1, 2022; and ``(D) include in the annual report required by section 2(g) of the Federal Funding Accountability and Transparency Act (Public [[Page S3777]] Law 109-282; 31 U.S.C. 6101 note), progress on these stages and options for transparency at lower stages starting in fiscal year 2023. ``(3) Exceptions.-- ``(A) Minimum threshold.--Consistent with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note), executive agencies need not disclose contracts, subcontracts, grants, subgrants, or cooperative agreements less than $25,000 or contractors with gross income less than $300,000 in the previous tax year. ``(B) Security risks.--An awarding agency need not disclose the identity of a foreign awardee if the awarding agency certifies that disclosure of the contractor's identity would pose a security risk to the contractor or its contractual mission. ``(C) Waivers.-- ``(i) Guidance.--Not later than one year after the date of enactment of this subsection, the Office of Management and Budget shall issue guidance to establish a process by which a contractor, subcontractor, grantee, subgrantee, or parties to cooperative agreements may request a waiver from any of the requirements set forth in the section. ``(ii) Criteria.--To receive a waiver, the contractor, subcontractor, grantee, subgrantee, or party to a cooperative agreement must demonstrate why it cannot currently meet the requirements and must explain the steps it will take to meet the requirements once the waiver expires. ``(iii) Expiration.--This waiver option will expire on January 1, 2021. ``(iv) Waiver list.--The Office of Management and Budget shall maintain a public list of all contractors, subcontractors, grantees, subgrantees, or parties to cooperative agreements that have received a waiver. ______