End Trafficking in Government Contracting Act of 2012 - (Sec. 3) Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons, to include grantees or contractors who: (1) engage in acts that directly support or advance such trafficking, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions.
(Sec. 4) Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will substantially be conducted overseas, unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
(Sec. 5) Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate such allegations and to take remedial actions, including the suspension of payments under the grant, contract, or agreement.
(Sec. 6) Requires each such officer to require a recipient to immediately inform the appropriate Inspector General of credible evidence of the recipient's violation of anti-trafficking requirements and to fully cooperate in any subsequent audit, investigation, or corrective action.
(Sec. 7) Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly, and with intent to defraud, recruits, solicits, or hires a person outside the United States to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
(Sec. 8) Requires an annual report from the Attorney General to Congress on the implementation of federal anti-trafficking requirements to include all trafficking in persons activities of contractors reported to the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(Sec. 9) Declares that 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 subject to the contracting requirements of the Trafficking Victims Protection Act of 2000.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2234 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2234
To prevent human trafficking in government contracting.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2012
Mr. Blumenthal (for himself, Mr. Portman, Mr. Franken, Mr. Rubio, Ms.
Collins, Mr. Lieberman, and Mrs. McCaskill) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To prevent human trafficking in government contracting.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Trafficking in Government
Contracting Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(2) Subcontractor.--The term ``subcontractor'' means a
recipient of a contract at any tier under a grant, contract, or
cooperative agreement.
(3) Subgrantee.--The term ``subgrantee'' means a recipient
of a grant at any tier under a grant or cooperative agreement.
(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)).
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--
``(i) severe forms of trafficking in
persons;
``(ii) the procurement of a commercial sex
act during the period of time that the grant,
contract, or cooperative agreement is in
effect;
``(iii) the use of forced labor in the
performance of the grant, contract, or
cooperative agreement, or
``(iv) acts that directly support or
advance trafficking in persons, including the
following acts:
``(I) Destroying, concealing,
removing, or confiscating an employee's
immigration documents without the
employee's consent.
``(II) Failing to repatriate an
employee upon the end of employment,
unless--
``(aa) exempted from the
duty to repatriate by the
Federal department or agency
providing or entering into the
grant, contract, or cooperative
agreement; or
``(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.
``(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.
``(IV) Charging recruited employees
exorbitant placement fees, including
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.
``(V) Providing inhumane living
conditions.''.
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 will predominantly 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--
(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;
(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 in any activities
described in such section; and
(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.
(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.
(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.
(d) Performance Predominately Overseas.--For purposes of subsection
(a), a grant, contract, or cooperative agreement shall be considered to
be performed predominantly 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.
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.
(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.
(c) Remedial Actions.--
(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:
(A) Requiring the recipient to remove an employee
from the performance of work under the grant, contract,
or cooperative agreement.
(B) Requiring the recipient to terminate a
subcontract or subgrant.
(C) Suspending payments under the grant, contract,
or cooperative agreement.
(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).
(E) Declining to exercise available options under
the contract.
(F) Terminating the contract for default or cause,
in accordance with the termination clause for the
contract.
(G) Referring the matter to the agency suspension
and debarment official.
(H) Referring the matter to the Department of
Justice for prosecution under any applicable law.
(2) Savings clause.--Nothing in this subsection shall be
construed as limiting the scope of applicable remedies
available to the Federal Government.
(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.
(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.
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--
(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; and
(2) fully cooperate with any Federal agencies responsible
for audits, investigations, or corrective actions relating to
trafficking in persons.
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--
(1) by striking ``Whoever knowingly'' and inserting ``(a)
Work Inside the United States.--Whoever knowingly''; and
(2) by adding at the end the following new subsection:
``(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.''.
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--
(1) in clause (ii), by striking ``and'' at the end;
(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 (2), by
inserting ``and'' at the end after the semicolon; and
(5) by adding at the end the following new clause:
``(v) all trafficking in persons activities
of contractors reported to the Under Secretary
of Defense for Acquisition, Technology, and
Logistics;''.
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with amendments. Without written report.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with amendments. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 571.
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