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business concern’ means a business concern that meets the 
size standard for the primary industry in which such busi-
ness concern, and the affiliates of such business concern, 
is engaged, as determined by the Administrator in accord-
ance with the North American Industry Classification Sys-
tem.’’. 
SEC. 1696. ASSESSMENT OF OUTREACH FOR SMALL BUSI-
NESS CONCERNS OWNED AND CONTROLLED 
BY WOMEN AND MINORITIES REQUIRED BE-
FORE CONVERSION OF CERTAIN FUNCTIONS 
TO CONTRACTOR PERFORMANCE. 
No Department of Defense function that is per-
formed by Department of Defense civilian employees and 
is tied to a certain military base may be converted to per-
formance by a contractor until the Secretary of Defense 
conducts an assessment to determine if the Department 
of Defense has carried out sufficient outreach programs 
to assist small business concerns owned and controlled by 
women (as such term is defined in section 8(d)(3)(D) of 
the Small Business Act) and small business concerns 
owned and controlled by socially and economically dis-
advantaged individuals (as such term is defined in section 
8(d)(3)(C) of the Small Business Act) that are located in 
the geographic area near the military base. 
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SEC. 1697. LIMITATION ON CONTRACTING. 
No agency may enter into a contract using proce-
dures that do not give to small business concerns owned 
and controlled by veterans (as that term is defined in sec-
tion 3(q)(3) of the Small Business Act (15 U.S.C. 
632(q)(3)) that are included in the database under section 
8127(f) of title 38, United States Code, any preference 
available with respect to such contract, except for a pref-
erence given to small business concerns owned and con-
trolled by service-disabled veterans (as that term defined 
in section 3(q)(2) of the Small Business Act (15 U.S.C. 
632(q)(2)). 
TITLE XVII—END TRAFFICKING 
IN GOVERNMENT CONTRACTING 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘End Trafficking in 
Government Contracting Act of 2012’’. 
SEC. 1702. DEFINITIONS. 
In this title: 
(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 
‘‘subcon-
tractor’’ means a recipient of a contract at any tier 
under a grant, contract, or cooperative agreement. 
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(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. 1703. 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 1705(c) of the End Trafficking in Govern-
ment Contracting Act of 2012, if the grantee or any sub-
grantee, 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 per-
sons, including the following acts: 
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‘‘(1) Destroying, concealing, removing, or con-
fiscating an employee’s immigration documents with-
out the employee’s consent. 
‘‘(2) Failing to repatriate an employee upon the 
end of employment, unless— 
‘‘(A) exempted from the duty to repatriate 
the employee by the Federal department or 
agency providing or entering into the grant, 
contract, or cooperative agreement; or 
‘‘(B) the employee is a victim of human 
trafficking seeking victim services or legal re-
dress in the country of employment or a witness 
in a human trafficking enforcement action. 
‘‘(3) Soliciting a person for the purpose of em-
ployment, or offering employment, by means of ma-
terially false or fraudulent pretenses, representa-
tions, or promises regarding that employment. 
‘‘(4) Charging recruited employees exorbitant 
placement 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. 
‘‘(5) Providing inhumane living conditions.’’. 
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SEC. 1704. COMPLIANCE PLAN AND CERTIFICATION RE-
QUIREMENT. 
(a) REQUIREMENT.—The head of an executive agen-
cy may not provide or enter into a grant, contract, or coop-
erative agreement valued at $1,000,000 or more if per-
formance will substantially 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 pre-
vent 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 1703, 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 recipi-
ent engaging in any activities described in such sec-
tion; and 
(3) to the best of the representative’s knowl-
edge, neither the recipient, nor any subcontractor or 
subgrantee of the recipient or any agent of the re-
cipient or of such a subcontractor or subgrantee, is 
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