65478 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 

(e)(1) * * * 

(ii) * * * 

(K) _ (1) 52.222–50, Combating 

Trafficking in Persons (JAN 2019) (22 

U.S.C. chapter 78 and E.O. 13627). 

* * * * * 

■ 5. Amend section 52.213–4 by 

revising the date of the clause and 

paragraphs (a)(2)(viii) and (b)(1)(viii)(A) 

to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Items) (JAN 2019) 

(a) * * * 

(2) * * * 

(viii) 52.244–6, Subcontracts for 

Commercial Items (JAN 2019). 

* * * * * 

(b) * * * 

(1) * * * 

(viii)(A) 52.222–50, Combating 

Trafficking in Persons (JAN 2019) (22 

U.S.C. chapter 78 and E.O. 13627) 

(Applies to all solicitations and 

contracts). 

* * * * * 

■ 6. Amend section 52.222–50 by— 

■ a. Revising the date of the clause; 

■ b. Adding to paragraph (a), in 

alphabetical order, the definition 

‘‘Recruitment fees’’; 

■ c. Revising paragraph (b)(5)(i); 

■ d. Removing from paragraph (b)(6) 

‘‘employees’’ and adding ‘‘employees or 

potential employees’’ in its place; and 

■ e. Removing from paragraph (h)(3)(iii) 

‘‘employee,’’ and adding ‘‘employee or 

potential employee,’’ in its place. 

The revisions and addition read as 

follows: 

52.222–50 Combating Trafficking in 

Persons. 

* * * * * 

Combating Trafficking in Persons (JAN 

2019) 

(a) * * * 

Recruitment fees means fees of any 

type, including charges, costs, 

assessments, or other financial 

obligations, that are associated with the 

recruiting process, regardless of the 

time, manner, or location of imposition 

or collection of the fee. 

(1) Recruitment fees include, but are 

not limited to, the following fees (when 

they are associated with the recruiting 

process) for— 

(i) Soliciting, identifying, considering, 

interviewing, referring, retaining, 

transferring, selecting, training, 

providing orientation to, skills testing, 

recommending, or placing employees or 

potential employees; 

(ii) Advertising; 

(iii) Obtaining permanent or 

temporary labor certification, including 

any associated fees; 

(iv) Processing applications and 

petitions; 

(v) Acquiring visas, including any 

associated fees; 

(vi) Acquiring photographs and 

identity or immigration documents, 

such as passports, including any 

associated fees; 

(vii) Accessing the job opportunity, 

including required medical 

examinations and immunizations; 

background, reference, and security 

clearance checks and examinations; and 

additional certifications; 

(viii) An employer’s recruiters, agents 

or attorneys, or other notary or legal 

fees; 

(ix) Language interpretation or 

translation, arranging for or 

accompanying on travel, or providing 

other advice to employees or potential 

employees; 

(x) Government-mandated fees, such 

as border crossing fees, levies, or worker 

welfare funds; 

(xi) Transportation and subsistence 

costs— 

(A) While in transit, including, but 

not limited to, airfare or costs of other 

modes of transportation, terminal fees, 

and travel taxes associated with travel 

from the country of origin to the country 

of performance and the return journey 

upon the end of employment; and 

(B) From the airport or 

disembarkation point to the worksite; 

(xii) Security deposits, bonds, and 

insurance; and 

(xiii) Equipment charges. 

(2) A recruitment fee, as described in 

the introductory text of this definition, 

is a recruitment fee, regardless of 

whether the payment is— 

(i) Paid in property or money; 

(ii) Deducted from wages; 

(iii) Paid back in wage or benefit 

concessions; 

(iv) Paid back as a kickback, bribe, inkind payment, free labor, tip, or tribute; 

or 

(v) Collected by an employer or a 

third party, whether licensed or 

unlicensed, including, but not limited 

to— 

(A) Agents; 

(B) Labor brokers; 

(C) Recruiters; 

(D) Staffing firms (including private 

employment and placement firms); 

(E) Subsidiaries/affiliates of the 

employer; 

(F) Any agent or employee of such 

entities; and 

(G) Subcontractors at all tiers. 

* * * * * 

(b) * * * 

(5)(i) Use misleading or fraudulent 

practices during the recruitment of 

employees or offering of employment, 

such as failing to disclose, in a format 

and language understood by the 

employee or potential employee, basic 

information or making material 

misrepresentations during the 

recruitment of employees regarding the 

key terms and conditions of 

employment, including wages and 

fringe benefits, the location of work, the 

living conditions, housing and 

associated costs (if employer or agent 

provided or arranged), any significant 

costs to be charged to the employee or 

potential employee, and, if applicable, 

the hazardous nature of the work; 

* * * * * 

■ 7. Amend section 52.244–6 by 

revising the date of the clause and 

paragraph (c)(1)(xiii)(A) to read as 

follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items 

(JAN 2019) 

* * * * * 

(c)(1) * * * 

(xiii)(A) 52.222–50, Combating 

Trafficking in Persons (JAN 2019) (22 

U.S.C. chapter 78 and E.O. 13627). 

* * * * * 

[FR Doc. 2018–27541 Filed 12–19–18; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2018–0001, Sequence No. 

6] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2019–01; 

Small Entity Compliance Guide 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small entity compliance guide. 

SUMMARY: This document is issued 

under the joint authority of DOD, GSA, 

and NASA. This Small Entity 

Compliance Guide has been prepared in 

accordance with section 212 of the 

Small Business Regulatory Enforcement 


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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 65479 

Fairness Act of 1996. It consists of a 

summary of the rule appearing in 

Federal Acquisition Circular (FAC) 

2019–01, which amends the Federal 

Acquisition Regulation (FAR). An 

asterisk (*) next to a rule indicates that 

a regulatory flexibility analysis has been 

prepared. Interested parties may obtain 

further information regarding this rule 

by referring to FAC 2019–01, which 

precedes this document. These 

documents are also available via the 

internet at http://www.regulations.gov. 

DATES: December 20, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cecelia Davis at 202–219–0202 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755. 

Please cite FAC 2019–01, FAR Case 

2015–017. 

RULE LISTED IN FAC 2019–01 

Subject FAR case Analyst 

* Combating Trafficking in Persons—Definition of ‘‘Recruitment Fees’’ ................................................................. 2015–017 Davis. 

SUPPLEMENTARY INFORMATION: A 

summary for the FAR rule follows. For 

the actual revisions and/or amendments 

made by this FAR Case, refer to the 

specific item number and subject set 

forth in the document following this 

item summary. FAC 2019–01 amends 

the FAR as follows: 

Combating Trafficking in Persons— 

Definition of ‘‘Recruitment Fees’’ (FAR 

Case 2015–017) 

This final rule amends the Federal 

Acquisition Regulation (FAR) to provide 

a definition of ‘‘recruitment fees’’ in 

FAR subpart 22.17 and the associated 

clause at FAR 52.222–50 to further 

implement the FAR policy on 

combating trafficking in persons. One 

element in combating trafficking in 

persons is to prohibit contractors from 

charging employees or potential 

employees recruitment fees. 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Dated: December 10, 2018. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2018–27544 Filed 12–19–18; 8:45 am] 

BILLING CODE 6820–EP–P 


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