I 
112TH CONGRESS 
2D SESSION 
H. R. 4259 
To prevent human trafficking in government contracting. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2012 
Mr. LANKFORD (for himself, Mr. ISSA, Mr. CUMMINGS, Mr. CONNOLLY of Vir-
ginia, and Mr. SMITH of New Jersey) introduced the following bill; which 
was referred to the Committee on Foreign Affairs, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To prevent human trafficking in government contracting. 
Be it enacted by the Senate and House of Representa-
tives 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. 
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(2) 
SUBCONTRACTOR.—The 
term 
‘‘subcon-
tractor’’ 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 procure-
ment 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 
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that directly support or advance trafficking in persons, in-
cluding the following acts: 
‘‘(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, 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. 
‘‘(5) Providing inhumane living conditions.’’. 
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SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIRE-
MENT. 
(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 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 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 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 recipi-
ent found to be engaged in any activities described 
in such section; 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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engaged in any of the activities described in such 
section. 
(b) LIMITATION.—Any plan or procedures imple-
mented pursuant to subsection (a) shall be appropriate to 
the size and complexity of the grant, contract, or coopera-
tive agreement and to the nature and scope of its activi-
ties, 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 re-
quest, and, as appropriate, shall post the useful and rel-
evant 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 coop-
erative agreement shall be considered to be performed pre-
dominantly overseas if the estimated value of the services 
required to be performed under the grant, contract, or co-
operative agreement outside the United States exceeds 
$500,000. 
SEC. 5. MONITORING AND INVESTIGATION OF TRAF-
FICKING IN PERSONS. 
(a) INVESTIGATION.—If the contracting or grant offi-
cer of an executive agency for a grant, contract, or cooper-
ative agreement receives credible evidence that a recipient 
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of the grant, contract, or cooperative agreement; any sub-
grantee 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 rep-
resentative, or any other credible source, the contracting 
or grant officer shall, before exercising any option to 
renew such grant, contract, or cooperative agreement, re-
quest that the agency’s Office of Inspector General imme-
diately initiate an investigation of the allegation or allega-
tions contained in the report. If the agency’s Office of In-
spector General is unable to conduct a timely investiga-
tion, the suspension and debarment office or another in-
vestigative unit of the agency shall conduct the investiga-
tion. 
(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 offi-
cer and, if such investigation was not conducted by the 
agency’s Office of Inspector General, to the agency’s Of-
fice of Inspector General, a report on the investigation, 
including conclusions about whether credible evidence ex-
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period in which the agency determined the con-
tractor 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 Depart-
ment of Justice for prosecution under any ap-
plicable law. 
(2) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed as limiting the scope of 
applicable remedies available to the Federal Govern-
ment. 
(3) MITIGATING
FACTOR.—Where applicable, 
the contracting or grant official may consider wheth-
er 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 fac-
tor in determining which remedies, if any, should 
apply. 
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(d) INCLUSION
OF
REPORT
CONCLUSIONS
IN 
FAPIIS.—The contracting or grant officer shall ensure 
that relevant findings contained in the report under sub-
section (b) are included in the Federal Awardee Perform-
ance 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 CO-
OPERATION 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 Vic-
tims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
amended by section 3 of this Act; and 
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(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 CON-
TRACTING TO INCLUDE WORK OUTSIDE THE 
UNITED STATES. 
Section 1351 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘Whoever knowingly’’ and in-
serting ‘‘(a) WORK INSIDE THE UNITED STATES.— 
Whoever knowingly’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) WORK OUTSIDE THE UNITED STATES.—Who-
ever knowingly and with intent to defraud recruits, solic-
its, 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 Gov-
ernment, by means of materially false or fraudulent pre-
tenses, representations, or promises regarding that em-
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ployment, shall be fined under this title or imprisoned for 
not more than 5 years, or both.’’. 
SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNT-
ABILITY FOR REPORTING TRAFFICKING IN 
PERSONS CLAIMS AND VIOLATIONS. 
Section 105(d)(7)(H) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amend-
ed— 
(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 semi-
colon; and 
(5) by adding at the end the following new 
clause: 
‘‘(v) all trafficking in persons activi-
ties of contractors reported to the Under 
Secretary of Defense for Acquisition, Tech-
nology, and Logistics;’’. 
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SEC. 9. RULE OF CONSTRUCTION. 
Excluding section 7, nothing in this Act shall be con-
strued to supersede, enlarge, or diminish the common law 
or statutory liabilities of any grantee, subgrantee, con-
tractor, 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. 
Æ 
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