text: 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.
              (2) Subcontractor.--The term ``subcontractor'' 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 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 persons, including the following acts:
              ``(1) Destroying, concealing, removing, or confiscating an 
          employee's immigration documents without 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 redress in the country 
                  of employment or a witness in a human trafficking 
                  enforcement action.
              ``(3) Soliciting a person for the purpose of employment, or 
          offering employment, by means of materially false or fraudulent 
          pretenses, representations, 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.''.
  
  SEC. 4. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.
  
      (a) Requirement.--The head of an executive agency may not provide 
  or enter into a grant, contract, or cooperative agreement valued at 
  $1,000,000 or more if performance 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 prevent 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 recipient found to be engaged in any activities 
          described in such section; and
              (3) to the best of the representative's knowledge, neither 
          the recipient, nor any subcontractor or subgrantee of the 
          recipient or any agent of the recipient or of such a 
          subcontractor or subgrantee, is engaged in any of the 
          activities described in such section.
      (b) Limitation.--Any plan or procedures implemented pursuant to 
  subsection (a) shall be appropriate to the size and complexity of the 
  grant, contract, or cooperative agreement and to the nature and scope 
  of its activities, 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 request, and, as appropriate, 
  shall post the useful and relevant 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 cooperative agreement shall be considered to 
  be performed predominantly overseas if the estimated value of the 
  services required to be performed under the grant, contract, or 
  cooperative agreement outside the United States exceeds $500,000.
  
  SEC. 5. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS.
  
      (a) Investigation.--If the contracting or grant officer of an 
  executive agency for a grant, contract, or cooperative agreement 
  receives credible evidence that a recipient of the grant, contract, or 
  cooperative agreement; any subgrantee 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 representative, or any other credible source, the contracting 
  or grant officer shall, before exercising any option to renew such 
  grant, contract, or cooperative agreement, request that the agency's 
  Office of Inspector General immediately initiate an investigation of 
  the allegation or allegations contained in the report. If the agency's 
  Office of Inspector General is unable to conduct a timely 
  investigation, the suspension and debarment office or another 
  investigative unit of the agency shall conduct the investigation.
      (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 officer and, if such investigation was not 
  conducted by the agency's Office of Inspector General, to the agency's 
  Office of Inspector General, a report on the investigation, including 
  conclusions about whether credible evidence exists that the recipient 
  of a grant, contract, or cooperative agreement; any subcontractor or 
  subgrantee of the recipient; or any agent of the recipient or of such a 
  subcontractor or subgrantee, engaged in any of 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.
      (c) Remedial Actions.--
              (1) In general.--If a contracting or grant official 
          determines that a recipient of a grant, contract, or 
          cooperative agreement, or any subcontractor or subgrantee of 
          the recipient, has engaged in any of the activities described 
          in such section 106(g), the contracting or grant officer shall 
          consider taking one or more of the following remedial actions:
                      (A) Requiring the recipient to remove an employee 
                  from the performance of work under the grant, contract, 
                  or cooperative agreement.
                      (B) Requiring the recipient to terminate a 
                  subcontract or subgrant.
                      (C) Suspending payments under the grant, contract, 
                  or cooperative agreement.
                      (D) Withholding award fees, consistent with the 
                  award fee plan, for the performance period in which the 
                  agency determined the contractor 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 Department of 
                  Justice for prosecution under any applicable law.
              (2) Savings clause.--Nothing in this subsection shall be 
          construed as limiting the scope of applicable remedies 
          available to the Federal Government.
              (3) Mitigating factor.--Where applicable, the contracting 
          or grant official may consider whether 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 factor in determining which remedies, if any, should 
          apply.
      (d) Inclusion of Report Conclusions in FAPIIS.--The contracting or 
  grant officer shall ensure that relevant findings contained in the 
  report under subsection (b) are included in the Federal Awardee 
  Performance 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 COOPERATION 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 Victims Protection Act of 2000 (22 U.S.C. 
          7104(g)), as amended by section 3 of this Act; and
              (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 CONTRACTING TO INCLUDE WORK 
                OUTSIDE THE UNITED STATES.
  
      Section 1351 of title 18, United States Code, is amended--
              (1) by striking ``Whoever knowingly'' and inserting ``(a) 
          Work Inside the United States.--Whoever knowingly''; and
              (2) by adding at the end the following new subsection:
      ``(b) Work Outside the United States.--Whoever knowingly and with 
  intent to defraud recruits, solicits, 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 Government, by means of materially false or fraudulent 
  pretenses, representations, or promises regarding that employment, 
  shall be fined under this title or imprisoned for not more than 5 
  years, or both.''.
  
  SEC. 8. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR REPORTING 
                TRAFFICKING IN PERSONS CLAIMS AND VIOLATIONS.
  
      Section 105(d)(7)(H) of the Trafficking Victims Protection Act of 
  2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
              (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 semicolon; and
              (5) by adding at the end the following new clause:
                              ``(v) all trafficking in persons activities 
                          of contractors reported to the Under Secretary 
                          of Defense for Acquisition, Technology, and 
                          Logistics;''.
  
  SEC. 9. RULE OF CONSTRUCTION.
  
      Excluding section 7, nothing in this Act shall be construed to 
  supersede, enlarge, or diminish the common law or statutory liabilities 
  of any grantee, subgrantee, contractor, 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.
target: End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Requires the Interagency Task Force to Monitor and Combat Trafficking to monitor all known cases and activities involving trafficking in persons that are reported to certain officials of the Department of Defense (DOD). Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons.
  
  Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement.
  
  Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States, or attempts to do so, to work on on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment.
feat_title: To prevent human trafficking in government contracting.