Strengthening Protections Against Trafficking in Persons in Federal Contracts

Oct 2, 2012
Oct 2, 2012

Summary

Creates stronger rules to stop federal contractors from using forced labor or being involved in human trafficking when working for the government.

What problem does this solve?

The U.S. government was concerned that taxpayer money paid to federal contractors could be supporting human trafficking. This order adds strict rules for federal contractors to follow, making it harder for them to be involved in these crimes.

What does this order do?

Prohibits specific trafficking-related activities
Forbids federal contractors and their employees from using misleading recruitment, charging recruitment fees to employees, and taking an employee's identity documents like passports.
Requires anti-trafficking compliance plans
Mandates that contractors with overseas contracts over $500,000 create and maintain a plan to prevent human trafficking, including employee awareness programs and reporting processes.
Mandates annual certification of compliance
Requires contractors to certify each year that they have a compliance plan in place and that they are not aware of any trafficking-related abuses by their company or subcontractors.
Requires payment for return transportation
Requires contractors to pay for the return travel of non-local employees brought into a country to work on a U.S. government contract when their employment ends.
Implements training for federal acquisition workforce
Directs the creation of training programs to ensure federal employees who manage contracts understand the laws and policies for fighting human trafficking.

Who does this affect?

  • Federal contractors and subcontractors
  • Employees of federal contractors
  • Victims of human trafficking

What is the real world impact?

Ensures taxpayer money does not support human trafficking
Uses the government's large purchasing power to fight global human trafficking by holding federal contractors to higher standards and preventing taxpayer funds from contributing to these crimes.

When does this start?

This order takes effect immediately, with new rules applying to government contracts after regulations are updated within 180 days.
Federal Acquisition Regulation (FAR) amendment
The FAR Council must amend the Federal Acquisition Regulation to include these new anti-trafficking rules within 180 days of September 25, 2012.
Identification of high-risk industries
An interagency task force must establish a process to identify U.S. industries with a high risk of trafficking within one year of September 25, 2012.