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TITLE XVII--ENDING TRAFFICKING IN GOVERNMENT CONTRACTING
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P. L. 112- |
House Conference Report 112-705 |
SEC. 1702. CONTRACTING REQUIREMENTS.Section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended by striking `without penalty' 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 1704(c) of the National Defense Authorization Act for Fiscal Year 2013, without penalty, 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, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents. `(II) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless-- `(aa) exempted from the requirement to provide or pay for such return transportation 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 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. `(V) Providing or arranging housing that fails to meet the host country housing and safety standards.'. |
Contracting requirements (sec. 1702)
The House bill contained a provision (sec. 1703) that would strengthen human trafficking prohibitions and requirements applicable to government contracts. The Senate amendment contained a similar provision (sec. 893). The House recedes with an amendment that would clarify the circumstances in which a contractor or subcontractor, labor recruiter or broker is required to pay for return transportation costs to an employee upon the end of employment. The conferees conclude that the payment of such costs is critical in the case of third-country nationals who are brought to countries like Iraq and Afghanistan to provide services under federal government contracts in support of overseas contingency operations. |
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