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This bill would strengthen rules meant to stop human trafficking in federal contracts, grants, and cooperative agreements. It would require recipients to report suspected trafficking-related activity more quickly, make it clearer when investigators must look into those reports, and allow federal agencies to suspend payments until problems are fixed. The bill also asks the Office of Management and Budget to study ways to improve oversight, reporting, and training for federal workers who handle contracts in higher-risk areas.
- When a contractor, grantee, or subcontractor finds trafficking-related conduct during the life of an award, it would have to report it right away to the proper contracting or grant official, along with what was done to address it.
- If such a report is filed, the Inspector General would be required to investigate the activity and the corrective steps that were taken.
- If the Inspector General decides not to do a full investigation because the problem was admitted and fixed, the agency head and suspension/debarment officials would have to be notified.
- Agencies could suspend payments under the award until the recipient takes proper corrective action, and an OMB report would later review better ways to check anti-trafficking plans, streamline reporting, and track training for contracting staff.
Official Summaries
Ensuring Accountability and Dignity in Government Contracting Act of 2025
This bill expands executive agency requirements to counter human trafficking connected to recipients of federal contracts, grants, or cooperative agreements.
Federal law currently prohibits an executive agency from entering into a grant, contract, or cooperative agreement if the estimated value of the services to be performed outside the United States exceeds $500,000 unless a designated representative of the recipient certifies that the recipient has taken certain actions, including implementing a plan to prevent human trafficking.
This bill requires that the recipient provide a copy of such plan to the contracting or grant office at the time of certification.
The designated representative of the recipient must report to the contracting or grant office if the recipient or the recipient's subcontractor, subgrantee, or agent engages in trafficking activities. The report must include the circumstances surrounding such activities and any remedial actions taken. The agency's office of the inspector general must conduct an investigation of the reported activities and remedial actions and must also notify the agency head office and the agency suspension and debarment office if an investigation was not completed because the recipient acknowledged the activity and took appropriate remedial action.
Additionally, the bill specifies that (1) the recipient's failure to take appropriate remedial action constitutes grounds for imposing certain penalties, and (2) the agency must suspend grant, contract, or cooperative agreement payments to the recipient until the recipient takes appropriate remedial action (under current law, suspending payments is optional).
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 426 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 426
To provide for modifications to ending trafficking in government
contracting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2025
Mr. Lankford (for himself, Ms. Klobuchar, and Ms. Hassan) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for modifications to ending trafficking in government
contracting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Accountability and Dignity
in Government Contracting Act of 2025''.
SEC. 2. MODIFICATIONS TO ENDING TRAFFICKING IN GOVERNMENT CONTRACTING.
(a) Compliance Plan and Certification Requirement.--Section 1703 of
the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C.
7104a) is amended--
(1) in subsection (c), by striking ``upon request'' and
inserting ``at the time each certification required under
subsection (a) is made and upon request''; and
(2) by adding at the end the following new subsection:
``(e) Incident Reporting.--If, after a grant, contract, or
cooperative agreement is provided or entered into, the duly designated
representative of the recipient determines that the recipient,
subcontractor or subgrantee, or agent of the recipient or of a
subcontractor or subgrantee has 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)) during the term of the grant, contract, or
cooperative agreement, the representative shall promptly submit to the
relevant contracting or grant officer a report that describes the
circumstances relating to such activities and the remedial actions
taken to address such activities.''.
(b) Monitoring and Investigation of Trafficking in Persons.--
Section 1704 of the National Defense Authorization Act for Fiscal Year
2013 (22 U.S.C. 7104b) is amended--
(1) in subsection (a)(2), by inserting after the first
sentence the following: ``In the event that a duly designated
representative of the recipient submits a report described in
section 1703(e), the Inspector General shall conduct an
investigation of the activities and remedial actions described
in the report.'';
(2) in subsection (b), by adding at the end the following:
``If the rationale for not completing an investigation includes
that a recipient acknowledged the activity occurred and has,
according to the Inspector General, taken appropriate
corrective action to remediate it, the Inspector General shall
notify the head of the executive agency that awarded the
contract, grant, or cooperative agreement and the relevant
agency suspension and debarment official.''; and
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``, as amended by section
1702,'' and inserting ``or failed to take
appropriate corrective action to address such
activities,''; and
(ii) by inserting ``, suspend payments
under the grant, contract, or cooperative
agreement until the recipient has taken
appropriate remedial action,'' after
``debarment official'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E), respectively.
SEC. 3. OFFICE OF MANAGEMENT AND BUDGET REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall submit
to Congress a report on the feasibility of--
(1) amending section 1703 of the National Defense
Authorization Act for Fiscal Year 2013 (22 U.S.C. 7104a), as
amended by section 2(a) of this Act, to require contracting
officials, including those at the Department of Homeland
Security, the Department of Defense, the Department of State,
and the United States Agency for International Development, to
assess compliance of contractor anti-trafficking plans for
product and service categories and geographic locations that
Federal agencies identify as higher risk for human trafficking;
(2) streamlining agency reporting required by Federal
trafficking victims protection laws to promote efficiency while
meeting congressional information needs; and
(3) requiring Federal agencies, such as the Department of
Homeland Security, the Department of Defense, the Department of
State, and the United States Agency for International
Development, to track and report whether contracting personnel
have taken anti-trafficking acquisition training explaining
their responsibilities to combat human trafficking.
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