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{{Sec.|2|Anti-Trafficking Provisions.|}}
{{Sec.|2|Anti-Trafficking Provisions.|}}
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{{Subsec row|(a)|Within 180 days of the date of this order, the Federal Acquisition Regulatory (FAR) Council, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive departments and agencies (agencies) as the FAR Council determines to be appropriate, shall take steps necessary to amend the Federal Acquisition Regulation to: }}
{{Subsec row|(a)|Within 180 days of the date of this order, the Federal Acquisition Regulatory (FAR) Council, in consultation with the Secretary of State, the Attorney General, the Secretary of Labor, the Secretary of Homeland Security, the Administrator for the United States Agency for International Development, and the heads of such other executive departments and agencies (agencies) as the FAR Council determines to be appropriate, shall take steps necessary to amend the Federal Acquisition Regulation to: }}
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{{Subsec row|(1)|strengthen the efficacy of the Government's zero-tolerance policy on trafficking in persons by Federal contractors and subcontractors in solicitations, contracts, and subcontracts for supplies or services (including construction and commercial items), by: }}
{{Subsec row|(1)|strengthen the efficacy of the Government's zero-tolerance policy on trafficking in persons by Federal contractors and subcontractors in solicitations, contracts, and subcontracts for supplies or services (including construction and commercial items), by: }}
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{{Subsec row|(A)|expressly prohibiting Federal contractors, contractor employees, subcontractors, and subcontractor employees from engaging in any of the following types of trafficking-related activities: }}
{{Subsec row|(A)|expressly prohibiting Federal contractors, contractor employees, subcontractors, and subcontractor employees from engaging in any of the following types of trafficking-related activities: }}
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{{Subsec row|ls=1px|(i)|using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work; }}
{{Subsec row|ls=1px|(i)|using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work; }}
{{Subsec row|(ii)|charging employees recruitment fees; }}
{{Subsec row|(ii)|charging employees recruitment fees; }}
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{{Subsec row|(iv)|for portions of contracts and subcontracts: }}
{{Subsec row|(iv)|for portions of contracts and subcontracts: }}
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{{Subsec row|ls=1px|(I)|performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract; }}
{{Subsec row|ls=1px|(I)|performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract; }}
{{Subsec row|(II)|not covered by subsection (a)(1)(A)(iv)(I) of this section, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee; provided, however }}
{{Subsec row|(II)|not covered by subsection (a)(1)(A)(iv)(I) of this section, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee; provided, however }}
{{Subsec row|(III)|that the requirements of subsections (a)(1)(A)(iv)(I) and (II) shall not apply to: }}
{{Subsec row|(III)|that the requirements of subsections (a)(1)(A)(iv)(I) and (II) shall not apply to: }}
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{{Subsec row|(aa)|an employee who is legally permitted to remain in the country of employment and who chooses to do so; or }}
{{Subsec row|(aa)|an employee who is legally permitted to remain in the country of employment and who chooses to do so; or }}
{{Subsec row|(bb)|an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action; }}
{{Subsec row|(bb)|an employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action; }}
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{{Subsec row|(2)|except as provided in subsection (a)(3) of this section, ensure that provisions in solicitations and clauses in contracts and subcontracts, where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, include the following requirements pertaining to the portion of the contract or subcontract performed outside the United States: }}
{{Subsec row|(2)|except as provided in subsection (a)(3) of this section, ensure that provisions in solicitations and clauses in contracts and subcontracts, where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, include the following requirements pertaining to the portion of the contract or subcontract performed outside the United States: }}
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{{Subsec row|(A)|that each such contractor and subcontractor maintain a compliance plan during the performance of the contract or subcontract that is appropriate for the size and complexity of the contract or subcontract and the nature and scope of the activities performed, including the risk that the contract or subcontract will involve services or supplies susceptible to trafficking. The compliance plan shall be provided to the contracting officer upon request, and relevant contents of the plan shall be posted no later than the initiation of contract performance at the workplace and on the contractor or subcontractor's website (if one is maintained), and shall, at a minimum, include: }}
{{Subsec row|(A)|that each such contractor and subcontractor maintain a compliance plan during the performance of the contract or subcontract that is appropriate for the size and complexity of the contract or subcontract and the nature and scope of the activities performed, including the risk that the contract or subcontract will involve services or supplies susceptible to trafficking. The compliance plan shall be provided to the contracting officer upon request, and relevant contents of the plan shall be posted no later than the initiation of contract performance at the workplace and on the contractor or subcontractor's website (if one is maintained), and shall, at a minimum, include: }}
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{{Subsec row|ls=1px|(i)|an awareness program to inform employees about: }}
{{Subsec row|ls=1px|(i)|an awareness program to inform employees about: }}
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{{Subsec row|ls=1px|(I)|the policy of ensuring that employees do not engage in trafficking in persons or related activities, including those specified in subsection (a)(1)(A) of this section, the procurement of commercial sex acts, or the use of forced labor; and }}
{{Subsec row|ls=1px|(I)|the policy of ensuring that employees do not engage in trafficking in persons or related activities, including those specified in subsection (a)(1)(A) of this section, the procurement of commercial sex acts, or the use of forced labor; and }}
{{Subsec row|(II)|the actions that will be taken against employees for violation of such policy; }}
{{Subsec row|(II)|the actions that will be taken against employees for violation of such policy; }}
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{{Subsec row|(B)|that each such contractor and subcontractor shall certify, prior to receiving an award and annually thereafter during the term of the contract or subcontract, that: }}
{{Subsec row|(B)|that each such contractor and subcontractor shall certify, prior to receiving an award and annually thereafter during the term of the contract or subcontract, that: }}
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{{Subsec row|ls=1px|(i)|it has the compliance plan referred to in subsection (a)(2)(A) of this section in place to prevent trafficking-related activities described in section 106(g) of the TVPA and this order; and }}
{{Subsec row|ls=1px|(i)|it has the compliance plan referred to in subsection (a)(2)(A) of this section in place to prevent trafficking-related activities described in section 106(g) of the TVPA and this order; and }}
{{Subsec row|(ii)|either, to the best of its knowledge and belief, neither it nor any of its subcontractors has engaged in any such activities; or, if abuses have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions; }}
{{Subsec row|(ii)|either, to the best of its knowledge and belief, neither it nor any of its subcontractors has engaged in any such activities; or, if abuses have been found, the contractor or subcontractor has taken the appropriate remedial and referral actions; }}
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{{Sec.|3|Guidance and Training.|}}
{{Sec.|3|Guidance and Training.|}}
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{{Subsec row|(a)|The Administrator for Federal Procurement Policy shall: }}
{{Subsec row|(a)|The Administrator for Federal Procurement Policy shall: }}
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{{Subsec row|(1)|in consultation with appropriate management councils, such as the Chief Acquisition Officers Council, provide guidance to agencies on developing appropriate internal procedures and controls for awarding and administering Federal contracts to improve monitoring of and compliance with actions to prevent trafficking in persons, consistent with section 106 of the TVPA, including the development of methods to track the number of trafficking violations reported and remedies applied; and }}
{{Subsec row|(1)|in consultation with appropriate management councils, such as the Chief Acquisition Officers Council, provide guidance to agencies on developing appropriate internal procedures and controls for awarding and administering Federal contracts to improve monitoring of and compliance with actions to prevent trafficking in persons, consistent with section 106 of the TVPA, including the development of methods to track the number of trafficking violations reported and remedies applied; and }}
{{Subsec row|(2)|in consultation with the Federal Acquisition Institute and appropriate management councils, such as the Chief Acquisition Officers Council: }}
{{Subsec row|(2)|in consultation with the Federal Acquisition Institute and appropriate management councils, such as the Chief Acquisition Officers Council: }}
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{{Subsec row|(A)|develop methods to track the number of Federal employees trained; and }}
{{Subsec row|(A)|develop methods to track the number of Federal employees trained; and }}
{{Subsec row|(B)|implement training requirements to ensure that the Federal acquisition workforce is trained on the policies and responsibilities for combating trafficking, including on: }}
{{Subsec row|(B)|implement training requirements to ensure that the Federal acquisition workforce is trained on the policies and responsibilities for combating trafficking, including on: }}
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{{Subsec row|ls=1px|(i)|applicable laws, regulations, and policies; and }}
{{Subsec row|ls=1px|(i)|applicable laws, regulations, and policies; and }}
{{Subsec row|(ii)|internal controls and oversight procedures implemented by the agency, including enforcement procedures available to the agency to investigate, manage, and mitigate contractor and subcontractor trafficking violations.}}
{{Subsec row|(ii)|internal controls and oversight procedures implemented by the agency, including enforcement procedures available to the agency to investigate, manage, and mitigate contractor and subcontractor trafficking violations.}}
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{{Sec.|5.|General Provisions.|}}
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{{Sec.|5|General Provisions.|}}
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{{Subsec row|(a)|Nothing in this order shall be construed to impair or otherwise affect: }}
{{Subsec row|(a)|Nothing in this order shall be construed to impair or otherwise affect: }}
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{{Subsec row|(1)|the authority granted by law to an executive department, agency, or the head thereof; or }}
{{Subsec row|(1)|the authority granted by law to an executive department, agency, or the head thereof; or }}
{{Subsec row|(2)|the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.}}
{{Subsec row|(2)|the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.}}