Proposed Rule2023-16385
Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers
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Published
August 7, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018, which requires that domestic carriers who contract with the Federal Government to provide air transportation must submit an annual report with certain information related to prevention of human trafficking.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Proposed Rules]
[Pages 52102-52107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16385]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 12, 22, 47, and 52
[FAR Case 2019-017; Docket No. FAR-2019-0017, Sequence No. 1]
RIN 9000-AO00
Federal Acquisition Regulation: Training To Prevent Human
Trafficking for Certain Air Carriers
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement a section of the Frederick
Douglass Trafficking Victims Prevention and Protection Reauthorization
Act of 2018, which requires that domestic carriers who contract with
the Federal Government to provide air transportation must submit an
annual report with certain information related to prevention of human
trafficking.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at the address shown below on or before
October 6, 2023 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in response to FAR Case 2019-017 to the
Federal eRulemaking portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching
for ``FAR Case 2019-017''. Select the link ``Comment Now'' that
corresponds with ``FAR Case 2019-017''. Follow the instructions
provided on the ``Comment Now'' screen. Please include your name,
company name (if any), and ``FAR Case 2019-017'' on your attached
document. If your comment cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the points of contact in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
Instructions: Please submit comments only and cite ``FAR Case 2019-
017'' in all correspondence related to this case. Comments received
generally will be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
including any personal and/or business confidential information
provided. Public comments may be submitted as an individual, as an
organization, or anonymously (see frequently asked questions at <a href="https://www.regulations.gov/faq">https://www.regulations.gov/faq</a>). To confirm receipt of your comment(s),
please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three
days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Malissa Jones, Procurement Analyst, at 571-882-4687, or by email at
<a href="/cdn-cgi/l/email-protection#107d717c796363713e7a7f7e7563507763713e777f66"><span class="__cf_email__" data-cfemail="e9848885809a9a88c78386878c9aa98e9a88c78e869f">[email protected]</span></a>. For information pertaining to status,
publication schedules, or alternate instructions for submitting
comments if <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be used, contact the
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#d097839182b5b783b5b390b7a3b1feb7bfa6"><span class="__cf_email__" data-cfemail="f7b0a4b6a59290a49294b7908496d9909881">[email protected]</span></a>.
Please cite FAR Case 2019-017.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the FAR to implement
section 111 of the Frederick Douglass Trafficking Victims Prevention
and Protection Reauthorization Act of 2018 (Pub. L. 115-425), enacted
January 8, 2019. Section 111 amends 49 U.S.C. 40118 to require that
domestic carriers who contract with the Federal Government to provide
air transportation must submit an annual report to the Administrator of
General Services, the Secretary of Transportation, the Secretary of
Labor, the Administrator of the Transportation Security Administration,
and the Commissioner of U.S. Customs and Border Protection. The FAR
will require the following information in the report:
<bullet> The number of personnel trained in the detection and
reporting of potential human trafficking (as described in 22 U.S.C.
7102 in the paragraphs titled ``Severe forms of trafficking in
persons'' and ``Sex trafficking''), including the training required
under 49 U.S.C. 44734(a)(4);
<bullet> The number of notifications of potential human trafficking
victims received from contractor personnel, subcontractors, or
passengers; and
<bullet> Whether the contractor notified the Global Human
Trafficking Hotline, another comparable hotline, or law enforcement at
the relevant airport of the potential human trafficking victim for each
such notification of potential human trafficking, and if the contractor
made a notification, the date the notification was made and the method
of notification (e.g., text to Hotline, call to law enforcement).
Section 111 does not apply to contracts awarded by the Department
of Defense.
[[Page 52103]]
II. Discussion and Analysis
The proposed rule reflects the new reporting requirements conveyed
in section 111 and updates the statutory citations for 49 U.S.C. 40118,
Government-financed air transportation, throughout the FAR, removing
obsolete references to section 5 of the International Air
Transportation Fair Competitive Practices Act of 1974.
A summary of the proposed changes follows.
A. FAR Parts 12, 22, and 47
In 12.503(b)(4), 47.101, and 47.402, references to Government-
financed air transportation are revised to clarify the statutory title
of 49 U.S.C. 40118. References to the Fly America Act are maintained to
avoid confusion throughout the contracting workforce.
In 22.1703, Policy, a cross-reference to 47.405(b) is added to
point to the prescription for a new contract clause that includes
reporting requirements concerning training to prevent human trafficking
for domestic carrier air transportation.
New section 47.400, Scope of Subpart, is added to introduce the
statute implemented in the section, for consistency with the standard
structure of the FAR.
The definition of ``U.S.-flag air carrier'' in FAR 47.401 is
revised to reflect the terminology used in 49 U.S.C. 41102, and
referenced in 49 U.S.C. 40118. Conforming changes are made to the
definition of ``U.S.-flag air carrier'' in FAR clause 52.247-63,
Preference for U.S.-Flag Air Carriers.
FAR 47.405 is amended to include a prescription for the new clause
at FAR 52.247-XX, Reporting Requirement for U.S.-Flag Air Carriers
Regarding Training to Prevent Human Trafficking. The new clause will be
required for solicitations and contracts, including those below the
simplified acquisition threshold (SAT) and those for commercial
services, that are with a U.S.-flag carrier for the transportation by
air of passengers. As a result, a conforming change in the reference to
47.405 is made at 12.503, Applicability of certain laws to Executive
agency contracts for the acquisition of commercial products and
commercial services.
B. FAR Part 52
New FAR clause 52.247-XX, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking, contains the
reporting requirements described in section 111 and provides
instructions to contractors on when and how to submit the annual
report, in addition to clarifications on the type of ``personnel'' for
whom training data is to be included in the report. It applies to
acquisitions below the SAT and to commercial services (see section III
of this preamble). As a result, the clause is added to 52.212-5,
Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Products and Commercial Services and
52.213-4, Terms and Conditions--Simplified Acquisitions (Other than
Commercial Products and Commercial Services).
FAR clause 52.247-63, Preference for U.S. Flag Air Carriers, is
amended to revise the definition of ``U.S.-flag air carrier'' as
described in section II.A. of this preamble. In addition, obsolete
references to requirements in Section 5 of the International Air
Transportation Fair Competitive Practices Act of 1974 are replaced with
current requirements in 49 U.S.C. 40118, Government-financed air
transportation.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-The-Shelf (COTS) Items), or for Commercial Services
This rule proposes a new clause at FAR 52.247-XX, Reporting
Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent
Human Trafficking, to implement the requirements of section 111 of the
Frederick Douglass Trafficking Victims Prevention and Protection
Reauthorization Act of 2018 (Pub. L. 115-425). The clause is prescribed
at FAR 47.405(b) for use in solicitations and contracts with a U.S.-
flag air carrier for the transportation by air of passengers. This
clause is not applicable to solicitations issued or contracts awarded
by the Department of Defense. The Federal Acquisition Regulatory
Council (FAR Council) plans at the final rule stage to make the
following determinations with respect to the rule's application to
contracts at or below the simplified acquisition threshold (SAT) and
for the acquisition of commercial services, but not commercial products
or COTS items. Discussion of these determinations is set forth below.
A. Applicability to Contracts at or Below the Simplified Acquisition
Threshold
41 U.S.C. 1905 governs the applicability of laws to acquisitions at
or below the SAT. Section 1905 generally limits the applicability of
new laws when agencies are making acquisitions at or below the SAT, but
provides that such acquisitions will not be exempt from a provision of
law under certain circumstances, including when the FAR Council makes a
written determination and finding that it would not be in the best
interest of the Federal Government to exempt contracts and subcontracts
in amounts not greater than the SAT from the provision of law. The FAR
Council intends to make a determination to apply this statute to
acquisitions at or below the SAT.
B. Applicability to Contracts for the Acquisition of Commercial
Products and Commercial Services, Including Commercially Available Off-
The-Shelf (COTS) Items
41 U.S.C. 1906 governs the applicability of laws to contracts for
the acquisition of commercial products and commercial services, and is
intended to limit the applicability of laws to contracts for the
acquisition of commercial products and commercial services. Section
1906 provides that if the FAR Council makes a written determination
that it is not in the best interest of the Federal Government to exempt
commercial contracts, the provision of law will apply to contracts for
the acquisition of commercial products and commercial services.
41 U.S.C. 1907 states that acquisitions of COTS items will be
exempt from certain provisions of law unless the Administrator for
Federal Procurement Policy makes a written determination and finds that
it would not be in the best interest of the Federal Government to
exempt contracts for the procurement of COTS items.
The FAR Council intends to make a determination to apply this
statute to acquisitions for commercial services. Considering that air
transportation, such as passenger air travel, is a commercial service,
there is no need to apply section 111 to the acquisition of commercial
products.
Considering that air transportation does not meet the definition of
a COTS item (i.e., it is a service, not a product), section 111 cannot
apply to acquisitions of such items regardless of the requirements at
41 U.S.C. 1907. Therefore, the Administrator for Federal Procurement
Policy does not intend to make a determination to apply this statute to
acquisitions for COTS items.
C. Determinations
Section 111 of the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2018, 49 U.S.C.
40118(g), requires that domestic carriers who contract with the Federal
Government to provide air transportation provide an annual report to
the Administrator of General
[[Page 52104]]
Services, the Secretary of Transportation, the Secretary of Labor, the
Administrator of the Transportation Security Administration, and the
Commissioner of U.S. Customs and Border Protection, with the following
information:
<bullet> The number of personnel trained in the detection and
reporting of potential human trafficking (as described in 22 U.S.C.
7102 in the paragraphs titled ``Severe forms of trafficking in
persons'' and ``Sex trafficking''), including the training required
under 49 U.S.C. 44734(a)(4);
<bullet> The number of notifications of potential human trafficking
victims received from contractor personnel, subcontractors, or
passengers; and
<bullet> Whether the contractor notified the Global Human
Trafficking Hotline, another comparable hotline, or law enforcement at
the relevant airport of the potential human trafficking victim for each
such notification of potential human trafficking, and if the contractor
made a notification, the date the notification was made and the method
of notification (e.g., text to Hotline, call to law enforcement).
The purpose of the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2018 is to combat
human trafficking. Section 111 of the Act is meant to further that
objective. The purpose of this rule is to implement section 111.
The law is silent on the applicability of these requirements to
acquisitions at or below the SAT and does not independently provide for
criminal or civil penalties; nor does it include terms making express
reference to 41 U.S.C. 1905 and its application to acquisitions at or
below the SAT. Therefore, it does not apply to acquisitions at or below
the SAT unless the FAR Council makes a written determination as
provided at 41 U.S.C. 1905.
Application of the law to contracts at or below the SAT will
further the important public policy objective of prohibiting the
trafficking of persons. According to the Federal Procurement Data
System, approximately seventy percent (70%) of the contracts for air
transportation (as identified either by the Product Service Codes of
V111 (Air Freight), V121 (Air Charter), V211 (Air Passenger), and V221
(Passenger air charter) or by North American Industry Classification
System codes in the 4811XX and 4822XX fields (Scheduled Air
Transportation and Nonscheduled Air Transportation industries)) were at
or below the SAT during fiscal years 2021 and 2022. Failure to apply
section 111 to contracts at or below the SAT would exclude a
significant number of acquisitions, which would undermine the important
public policy objective of prohibiting human trafficking.
For this reason, it is in the best interest of the Federal
Government to apply the requirements of the rule to contracts at or
below the SAT.
The law is silent on the applicability of these requirements to
acquisitions of commercial products and commercial services and does
not independently provide for criminal or civil penalties; nor does it
include terms making express reference to 41 U.S.C. 1906 and its
application to acquisitions of commercial products and commercial
services. Therefore, it does not apply to acquisitions of commercial
products and commercial services unless the FAR Council makes a written
determination as provided at 41 U.S.C. 1906.
Considering that air transportation, such as passenger air travel,
is a commercial service, failing to apply section 111 to the
acquisition of commercial services would essentially be failing to
implement section 111 in its entirety. For this reason, it is in the
best interest of the Federal Government to apply the requirements of
the rule to contracts for commercial services.
The law is silent on the applicability of this requirement to
acquisitions of COTS items and does not independently provide for
criminal or civil penalties; nor does it include terms making express
reference to 41 U.S.C. 1907 and its application to acquisitions of COTS
items. Therefore, it does not apply to acquisitions of COTS items
unless the Administrator for Federal Procurement Policy makes a written
determination as provided at 41 U.S.C. 1907.
However, considering that air transportation does not meet the
definition of a COTS item (i.e., it is a service, not a product),
section 111 cannot apply to acquisitions of such items regardless of
the requirements at 41 U.S.C. 1907. Therefore, no determination needs
to be made regarding the application to acquisitions of COTS items.
IV. Expected Impact of the Rule
This proposed rule contains a reporting requirement for domestic
carriers who contract with the Federal Government (except for DoD) for
air transportation of passengers to provide an annual report to five
agencies on the number of personnel trained in the detection of human
trafficking, the number of notifications of human trafficking the
contractor received, and actions the contractor took with regards to
those notifications.
This proposed rule is not creating a training requirement nor does
this contract clause create a mandatory reporting requirement to hot
lines and law enforcement; the training requirement already existed
prior to section 111 (e.g., 49 U.S.C. 44734(a)(4)) and applies to all
U.S.-flag air carriers, regardless of whether they are contractors of
the Federal Government. This proposed rule simply requires data related
to the training that has occurred and notifications that have been
made.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
VI. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect this rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612, because
this rule will impact domestic air carriers (i.e., U.S.-flag air
carriers as described in 49 U.S.C. 41102), including small business
domestic air carrier. The estimated number of total small entities to
which this rule could apply is 196 though it is likely much lower since
it is unknown how many are considered U.S.-flag air carriers in
accordance with 49 U.S.C. 41102 and actually impacted by this rule.
However, an Initial Regulatory Flexibility Analysis (IRFA) has been
performed and is summarized as follows:
DoD, GSA and NASA are proposing to amend the Federal Acquisition
Regulation (FAR) to implement section 111 of the Frederick Douglass
Trafficking Victims Prevention and Protection Reauthorization Act of
2018 (Pub. L. 115-425). Promulgation of the FAR is authorized by 40
U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113. The legal
basis for the proposed rule is section 111 of Public Law 115-425.
Section 111 requires that domestic carriers who contract with
the Federal Government to provide transportation by air of
passengers must submit an annual report to the Administrator of GSA,
the Secretary of
[[Page 52105]]
Transportation, the Secretary of Labor, the Administrator of the
Transportation Security Administration, and the Commissioner of U.S.
Customs and Border Protection. The FAR will require the following
information in the report:
<bullet> The number of personnel trained in the detection and
reporting of potential human trafficking (as described in 22 U.S.C.
7102 in the paragraphs titled ``Severe forms of trafficking in
persons'' and ``Sex trafficking''), including the training required
under 49 U.S.C. 44734(a)(4);
<bullet> The number of notifications of potential human
trafficking victims received from contractor personnel,
subcontractors, or passengers; and
<bullet> Whether the contractor notified the Global Human
Trafficking Hotline, another comparable hotline, or law enforcement
at the relevant airport of the potential human trafficking victim
for each such notification of potential human trafficking; and if
the contractor made a notification, the date the notification was
made and the method of notification (e.g., text to Hotline, call to
law enforcement).
Section 111 does not apply to contracts awarded by the
Department of Defense.
The proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning
of the Regulatory Flexibility Act, 5 U.S.C. 601-612. This rule will
impact domestic air carriers (i.e., U.S.-flag air carriers as
described in 49 U.S.C. 41102), including small business U.S.-flag
air carriers.
In the Small Business Administration's Dynamic Small Business
Search (DSBS) database on April 19, 2023, there were 87 small
businesses registered under the North American Industry
Classification System (NAICS) codes for ``air transportation.'' It
is unknown how many of these 87 small businesses are considered
U.S.-flag air carriers in accordance with 49 U.S.C. 41102. According
to the Federal Procurement Data System (FPDS), in fiscal year 2022,
civilian agencies awarded contracts under NAICS codes in the 4811XX
and 4822XX fields (Scheduled Air Transportation and Nonscheduled Air
Transportation industries) to 196 unique small businesses. It is
unknown how many of these 196 small businesses are considered U.S.-
flag air carriers in accordance with 49 U.S.C. 41102. Therefore, the
estimated number of total small entities to which this rule could
apply is 196 though it is likely much lower since it is unknown how
many are considered U.S.-flag air carriers in accordance with 49
U.S.C. 41102 and actually impacted by this rule.
This proposed rule does not include any recordkeeping or other
compliance requirements for small businesses. However, the proposed
rule does contain a reporting requirement for small businesses.
Small business U.S.-flag air carriers who contract with the Federal
Government (except for DoD) for air transportation will be required
to provide an annual report to five agencies, on the number of
personnel trained in the detection of human trafficking, the number
of notifications of human trafficking the contractor received, and
actions the contractor took with regards to those notifications.
This proposed rule is not creating a training requirement nor
does this contract clause create a mandatory reporting requirement
to hot lines and law enforcement; those requirements already existed
prior to section 111 (e.g., 49 U.S.C. 44734(a)(4)), and are applied
to all U.S.-flag air carriers, regardless of whether they are
contractors of the Federal Government. This proposed rule simply
requires data related to the training that has occurred and
notifications that have been made.
The proposed rule does not duplicate, overlap, or conflict with
any other Federal rules.
There are no known significant alternative approaches that would
accomplish the stated objectives.
The Regulatory Secretariat Division has submitted a copy of the
IRFA to the Chief Counsel for Advocacy of the SBA. A copy of the IRFA
may be obtained from the Regulatory Secretariat Division. DoD, GSA, and
NASA invite comments from small business concerns and other interested
parties on the expected impact of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by this rule
in accordance with 5 U.S.C. 610. Interested parties must submit
comments separately and should cite 5 U.S.C. 610 (FAR case 2019-017),
in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501-3521) applies because
the proposed rule contains information collection requirements.
Accordingly, the Regulatory Secretariat Division has submitted a
request for approval of a new information collection requirement
concerning FAR case 2019-017, Training to Prevent Human Trafficking for
Certain Air Carriers, to the Office of Management and Budget. The
burden associated with this information collection will be added to OMB
Control No. 9000-0061, FAR Part 47 Transportation Requirements, when
FAR case 2019-017 is finalized.
A. Estimated Public Reporting Burden
Public reporting burden for this collection of information is
estimated to average 5 hours per response, which includes the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The annual reporting burden is estimated as
follows:
Respondents: 180.
Responses per respondent: 1.
Total annual responses: 180.
Preparation hours per response: 5.
Total response burden hours: 900.
B. Request for Comments Regarding Paperwork Burden
Submit comments on this collection of information no later than
October 6, 2023 through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
instructions on the site. All items submitted must cite OMB Control No.
9000-0061. Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two
to three days after submission to verify posting. If there are
difficulties submitting comments, contact the GSA Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#e6a1b5a7b48381b58385a6819587c8818990"><span class="__cf_email__" data-cfemail="783f2b392a1d1f2b1d1b381f0b19561f170e">[email protected]</span></a>.
Public comments are particularly invited on:
<bullet> The necessity of this collection of information for the
proper performance of the functions of Federal Government acquisitions,
including whether the information will have practical utility;
<bullet> The accuracy of the estimate of the burden of this
collection of information;
<bullet> Ways to enhance the quality, utility, and clarity of the
information to be collected; and
<bullet> Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Requesters may obtain a copy of the supporting statement from the
General Services Administration, Regulatory Secretariat Division by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#d493879586b1b387b1b794b3a7b5fab3bba2"><span class="__cf_email__" data-cfemail="5f180c1e0d3a380c3a3c1f382c3e71383029">[email protected]</span></a>. Please cite OMB
Control Number 9000-0061 in all correspondence.
List of Subjects in 48 CFR Parts 1, 12, 22, 47, and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 12,
22, 47, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 1, 12, 22, 47, and 52
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
[[Page 52106]]
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. In section 1.106, amend the table by adding an entry for ``52.247-
XX'' to read as follows:
1.106 OMB approval under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
FAR segment OMB control No.
------------------------------------------------------------------------
* * * * *
52.247-XX............................................. 9000-0061
* * * * *
------------------------------------------------------------------------
PART 12--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
0
3. Amend section 12.503 by revising paragraph (b)(4) to read as
follows:
12.503 Applicability of certain laws to Executive agency contracts for
the acquisition of commercial products and commercial services.
* * * * *
(b) * * *
(4) 49 U.S.C. 40118, Requirement for a clause under a provision of
the Government-financed air transportation statute, commonly referred
to as the Fly America Act (see 47.405(a)).
* * * * *
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
4. Amend section 22.1703 by revising the introductory text to read as
follows:
22.1703 Policy.
The United States Government has adopted a policy prohibiting
trafficking in persons, including the trafficking-related activities
below. Additional information about trafficking in persons may be found
at the website for the Department of State's Office to Monitor and
Combat Trafficking in Persons at <a href="http://www.state.gov/j/tip/">http://www.state.gov/j/tip/</a>. See
47.405(b) for contract reporting requirements concerning training to
prevent human trafficking for domestic carrier air transportation;
47.405(b) is not applicable to contracts awarded by the Department of
Defense. Government solicitations and contracts shall--
* * * * *
PART 47--TRANSPORTATION
0
5. Amend section 47.101 by revising paragraph (g) to read as follows:
47.101 Policies.
* * * * *
(g) Agencies shall comply with the requirements for Government-
financed air transportation (commonly referred to as the Fly America
Act), the Cargo Preference Act, and related statutes as prescribed in
subparts 47.4, Air Transportation by U.S.-Flag Carriers, and 47.5,
Ocean Transportation by U.S.-Flag Vessels.
* * * * *
0
6. Add section 47.400 to subpart 47.4 to read as follows:
Subpart 47.4--Air Transportation by U.S.-Flag Carriers
47.400 Scope of subpart.
This subpart prescribes policies and procedures for implementing 49
U.S.C. 40118, Government-financed air transportation, commonly referred
to as the Fly America Act.
* * * * *
0
7. Amend section 47.401 by revising the definition of ``U.S.-flag air
carrier'' to read as follows:
47.401 Definitions.
* * * * *
U.S.-flag air carrier means an entity granted authority to provide
air transportation in the form of a certificate of public convenience
and necessity under 49 U.S.C. 41102.
0
8. Revise section 47.402 to read as follows:
47.402 Policy.
Federal employees and their dependents, consultants, contractors,
grantees, and others must use U.S.-flag air carriers for U.S.
Government-financed international air travel and transportation of
their personal effects or property, if available (49 U.S.C. 40118,
Government-financed air transportation, commonly referred to as the Fly
America Act).
0
9. Revise section 47.405 to read as follows:
47.405 Contract clauses.
(a) The contracting officer shall insert the clause at 52.247-63,
Preference for U.S.-Flag Air Carriers, in solicitations and contracts
whenever it is possible that U.S. Government-financed international air
transportation of personnel (and their personal effects) or property
will occur in the performance of the contract. This clause does not
apply to contracts awarded using the simplified acquisition procedures
in part 13 or contracts for commercial products (see part 12).
(b) The contracting officer shall insert the clause at 52.247-XX,
Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking, in solicitations and contracts with a U.S.-
flag air carrier for the transportation by air of passengers. This
clause is not applicable to solicitations issued or contracts awarded
by the Department of Defense.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
10. Amend section 52.212-5 by revising the date of the clause and
adding paragraph (c)(10) to read as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Products and Commercial Services.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Products and Commercial Services (DATE)
* * * * *
(c) * * *
__ 10) 52.247-XX, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking (DATE) (49
U.S.C. 40118(g)).
* * * * *
0
11. Amend section 52.213-4 by revising the date of the clause; and
adding paragraph (b)(1)(xxii) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Products and Commercial Services).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (DATE)
* * * * *
(b) * * *
(1) * * *
(xxii) 52.247-XX, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking (DATE) (49
U.S.C. 40118(g)). (Applies to contracts with a U.S.-flag carrier for
the transportation by air of passengers; does not apply to contracts
awarded by the Department of Defense).
* * * * *
0
12. Amend section 52.247-63 by--
0
a. Removing from the introductory text ``47.405'' and adding
``47.405(a)'' in its place;
0
b. Revising the date of the clause;
0
c. In paragraph (a), revising the definition of ``U.S.-flag air
carrier''; and
0
d. Revising paragraphs (b) and (e).
The revisions read as follows:
52.247-63 Preference for U.S.-Flag Air Carriers.
* * * * *
[[Page 52107]]
Preference for U.S.-Flag Air Carriers (DATE)
(a) * * *
U.S.-flag air carrier means an entity granted authority to
provide air transportation in the form of a certificate of public
convenience and necessity under 49 U.S.C. 41102.
(b) 49 U.S.C. 40118, Government-financed air transportation
(commonly referred to as the Fly America Act), requires that all
Federal agencies and Government contractors and subcontractors use
U.S.-flag air carriers for U.S. Government-financed international
air transportation of personnel (and their personal effects) or
property, to the extent that service by those carriers is available.
It requires the General Services Administration to issue regulations
that, in the absence of satisfactory proof of the necessity for
foreign-flag air transportation, disallow expenditures from funds,
appropriated or otherwise established for the account of the United
States, for international air transportation secured aboard a
foreign-flag air carrier if a U.S.-flag air carrier is available to
provide such services.
* * * * *
(e) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (e), in each subcontract or
purchase under this contract that may involve international air
transportation.
* * * * *
0
13. Add section 52.247-XX to read as follows:
52.247-XX Reporting Requirement for U.S.-Flag Air Carriers Regarding
Training to Prevent Human Trafficking.
As prescribed in 47.405(b), insert the following clause:
Reporting Requirement for U.S.-Flag Air Carriers Regarding Training To
Prevent Human Trafficking (DATE)
(a) Definitions. As used in this clause--
Potential human trafficking has the meaning as described in
paragraphs ``Severe forms of trafficking in persons'' and ``Sex
trafficking'' at 22 U.S.C. 7102.
(b) Annual reporting requirement.
(1) In accordance with 49 U.S.C. 40118(g), the Contractor shall
provide an annual report, by October 30th, via email, to the
following agencies:
(i) General Services Administration: __;
(ii) U.S. Department of Transportation: <a href="/cdn-cgi/l/email-protection#c9bdbba8afafa0aaa2a0a7ae89ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="c7b3b5a6a1a1aea4acaea9a087a3a8b3e9a0a8b1">[email protected]</span></a>;
(iii) Department of Labor: __;
(iv) Transportation Security Administration: <a href="/cdn-cgi/l/email-protection#7b121808561818130f1d1a16083b0f081a551f1308551c140d"><span class="__cf_email__" data-cfemail="28414b5b054b4b405c4e49455b685c5b49064c405b064f475e">[email protected]</span></a>;
(v) U.S. Customs and Border Protection: <a href="/cdn-cgi/l/email-protection#51121d01113233217f3539227f363e27"><span class="__cf_email__" data-cfemail="480b0418082b2a38662c203b662f273e">[email protected]</span></a>; and
(vi) DHS Center for Countering Human Trafficking:
<a href="/cdn-cgi/l/email-protection#0940676f66494a4a415d276d617a276e667f"><span class="__cf_email__" data-cfemail="d69fb8b0b99695959e82f8b2bea5f8b1b9a0">[email protected]</span></a>.
(2) The report shall contain--
(i) The number of people trained in the detection and reporting
of potential human trafficking, including the training required
under 49 U.S.C. 44734(a)(4);
(ii) The number of notifications of potential human trafficking
victims received from Contractor personnel, subcontractors, or
passengers; and
(iii)(A) Whether the Contractor notified the Global Human
Trafficking Hotline, another comparable hotline, or law enforcement
at the relevant airport of the potential human trafficking victim
for each such notification of potential human trafficking; and
(B) If the Contractor made a notification, the date the
notification was made and the method of notification (e.g., text to
Hotline, call to law enforcement).
(c) Training. In accordance with 49 U.S.C. 44734 and 44738,
personnel trained in the detection and reporting of potential human
trafficking should include the following:
(1) Flight attendants;
(2) Ticket counter agents;
(3) Gate agents; and
(4) Other air carrier workers whose jobs require regular
interaction with passengers.
(End of clause)
[FR Doc. 2023-16385 Filed 8-4-23; 8:45 am]
BILLING CODE 6820-EP-P
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</html>Indexed from Federal Register on August 7, 2023.
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