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Rule2024-29373

Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers

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Published

December 16, 2024

Effective

January 3, 2025

Issuing agencies

Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration

Abstract

DoD, GSA, and NASA are issuing a final rule amending 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.

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<title>Federal Register, Volume 89 Issue 241 (Monday, December 16, 2024)</title>
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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Rules and Regulations]
[Pages 101821-101828]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29373]

[[Page 101821]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 12, 22, 47, and 52

[FAC 2025-02; FAR Case 2019-017, Item I; 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: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending 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: Effective January 3, 2025.

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#741915181d0707155a1e1b1a1107341307155a131b02">[email&#160;protected]</a>. For information pertaining to status or
publication schedules contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#c98e9a889bacae9aacaa89aebaa8e7aea6bf">[email&#160;protected]</a>. Please cite FAC 2025-02, FAR Case
2019-017.

SUPPLEMENTARY INFORMATION:

I. Background

DoD, GSA, and NASA published a proposed rule at 88 FR 52102 on
August 7, 2023, 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 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. Per 41 U.S.C. 40118(g) (as amended
through Pub. L. 118-63), the annual report shall include: the number of
personnel trained in the detection and reporting of potential severe
forms of human trafficking in persons and sex trafficking; the number
of notifications of potential human trafficking victims received from
staff or other passengers; and, for each notification, whether the air
carrier notified the National Human Trafficking Hotline or law
enforcement at the relevant airport of the potential human trafficking
victim, and if so, when the notification was made. Section 111 does not
apply to contracts awarded by the Department of Defense. For further
details please see the proposed rule. Four respondents submitted
comments on the proposed rule.

II. Discussion and Analysis

The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the public comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:

A. Summary of Significant Changes

The following significant changes from the proposed rule are made
in the final rule at 52.247-69, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking:
1. Definitions
The definition of ``potential human trafficking'' in paragraph (a)
of the clause at FAR 52.247-69 has been removed, and definitions of
``human trafficking,'' ``severe forms of trafficking in persons,'' and
``sex trafficking'' have been added in its place. The definitions of
``severe forms of trafficking in persons'' and ``sex trafficking''
added to FAR 52.247-69 in this final rule are the same as the
definitions of these terms as implemented in FAR subpart 22.17,
Combating Trafficking in Persons, which come from 22 U.S.C. 7102.
``Human trafficking'' as used in the clause at FAR 52.247-69, is
defined to mean ``severe forms of trafficking in persons'' or ``sex
trafficking.'' The change in the final rule aligns with 49 U.S.C.
40118(g), which refers to the definitions of ``severe forms of
trafficking in persons'' and ``sex trafficking'' in 22 U.S.C. 7102 when
describing ``human trafficking.'' Section 108 of the Justice for
Victims of Trafficking Act of 2015 (Pub. L. 114-22) has further amended
the definition of ``sex trafficking'' at 22 U.S.C. 7102. Amendments to
the definitions at 22.1702 and 52.222-50 are not included; those
changes are being implemented under FAR Case 2024-004, titled
``Combating Trafficking in Persons--Definition and Agency
Responsibilities.'' The proposed rule was published July 18, 2024, at
89 FR 58323.
2. Clarification Regarding ``Staff''
Paragraph (b)(2)(ii) of the clause at FAR 52.247-69 has been
revised to use the term ``staff or other passengers'' to align with the
statute. The terms ``contractor personnel'' and ``subcontractors'' have
been removed from the final rule to avoid unintended confusion.
3. Time Period for Reporting
Paragraph (b)(2) of the clause at FAR 52.247-69 has been revised to
include the time period for reporting. The proposed rule included the
date by which the annual report must be submitted to the five
Government agencies, but did not specify the time period in which the
contractors are reporting.

B. Analysis of Public Comments

1. Support for the Rule
Comment: One respondent expressed support for the rule.
Response: The Councils acknowledge the respondent's support for the
rule.
2. Definition of ``Potential Human Trafficking''
Comment: One respondent recommended deletion of paragraph (a),
Definitions, in the clause at FAR 52.247-69 because the definition of
``potential human trafficking'' in the proposed rule is overly
complicated. The respondent noted that the definition merely refers to
a statute and otherwise does not reflect plain language. The respondent
further asserted that the definition is ``meaningless'' because the
word ``potential'' does not appear in the statutory definitions of
``severe forms of trafficking in persons'' and ``sex trafficking'' that
together comprised the definition of ``potential human trafficking'' as
stated in the proposed rule.
Response: The Councils acknowledge the respondent's concern and
have replaced the definition of ``potential human trafficking'' in the
final rule at FAR 52.247-69(a) with a definition of ``human
trafficking'' that encompasses the definitions of ``severe forms of
trafficking in persons'' and ``sex trafficking'' at FAR subpart 22.17.
See

[[Page 101822]]

discussion of change in section II.A.1. of this preamble.
3. Proposed Regulation Differs From 49 U.S.C. 40118(g)
a. Application of the Rule to Contractors and Subcontractors
Comment: One respondent stated that the ``proposed regulation
differs from 49 U.S.C. 40118(g)(2)'', because it uses the terms
``contractor personnel'' and ``subcontractors,'' while the current
statute only requires reporting for those notifications ``received from
staff or other passengers.''
Response: Changes have been made in paragraph (b)(2)(ii) of the
clause at FAR 52.247-69 to use the term ``staff or other passengers''
to align with the statute and remove the terms ``contractor personnel''
and ``subcontractors.''
b. Date and Method of Notification of Potential Human Trafficking
Instances
Comment: One respondent suggested that the proposed rule expands
the reporting requirements under 49 U.S.C. 40118(g) resulting in
additional burden not required by the statute. For example, the
respondent stated that the rule improperly expands upon statutory
requirements by requiring reporting the date and method of notification
of potential human trafficking instances.
Response: The specific reporting requirements in the rule align
with the requirements in 49 U.S.C. 40118(g). In particular, 49 U.S.C.
40118(g)(2) requires reporting of ``the number of notifications of
potential human trafficking victims received from staff or other
passengers.'' Further, 49 U.S.C. 40118(g)(3) requires the annual report
include ``whether the air carrier notified the National Human
Trafficking Hotline or law enforcement at the relevant airport of the
potential human trafficking victim for each such notification of
potential human trafficking, and if so, when the notification was
made.'' In implementing these reporting requirements, FAR 52.247-
69(b)(2)(iii) seeks the number of notifications received by the
contractor; the date of any such notification; and the method by which
the notification was made. The Government interprets the statutory
language ``when the notification was made'' in 49 U.S.C. 41108(g)(3) as
requiring the ``date'' the notification was made. The Government
interprets the statutory language ``whether the air carrier notified
the National Human Trafficking Hotline or law enforcement at the
relevant airport'' in 49 U.S.C. 41108(g)(3) as requiring the ``method''
by which the contractor made the notification, e.g., whether the
Contractor notified the Global Human Trafficking Hotline, another
comparable hotline, or law enforcement at the relevant airport. These
are reasonable interpretations of the statute and are not viewed as
creating burden beyond what is required by 49 U.S.C. 40118(g).
c. Vicarious Liability
Comment: One respondent recommended that the Government ``adopt
what is required by statute (49 U.S.C. 40118(g)(2-3)) without any
amendment as imparting vicarious liability on air carriers in a
regulatory framework lacks foundational predicate.''
Response: As explained in the responses to the public comments
summarized in paragraphs a. and b. of this section, changes have been
made at FAR 52.247-69(b)(2)(ii) to align the final rule with the
statute by removing the terms ``contractor personnel'' and
``subcontractors'' and using the term ``staff or other passengers''
instead. Therefore, this rule does not amend the statute in a manner
that imparts additional vicarious liability.
4. Retroactive Applicability
Comment: One respondent recommended clarifying the applicability of
the reporting requirements to existing contracts. Additionally, the
respondent requested that the final rule, if adopted, apply only to new
contracts.
Response: In accordance with FAR 1.108(d), FAR changes made by this
rule apply to solicitations issued on or after the effective date of
the rule unless otherwise specified. The effective date of this final
rule is November 1, 2024; therefore the first report will be due
October 30, 2025 (see FAR 52.247-69(b)).
5. Reporting Requirements
a. Reporting Requirements for Nonscheduled Freight Air Transportation
Comment: One respondent stated that requiring contractors who
provide nonscheduled air transportation for wildfire suppression to
comply with section 111 of the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2018 would be
``unnecessary and inefficient.'' The respondent asserted that contracts
for these aircraft involve freight (retardant or water) or passenger
(firefighters) services used to support wildfire suppression. The
respondent suggested the rule should include the possibility of waiver
for nonscheduled freight air transportation.
Response: 49 U.S.C. 41108 does not include an exception, or allow
for waiver, for passengers, regardless of the reason they are
travelling (i.e., firefighter passengers) on nonscheduled air
transportation for wildfire suppression, and the suggestion to allow
for the possibility of waiver is therefore declined.
b. Practicality of Requirement to Report Notifications
Comment: One respondent stated that the requirement to report
notifications of potential human trafficking instances is ``not
operationally reasonable'' without substantiating or investigating the
notification.
Response: This rule requires the air carrier or contractor to
report the number of employees trained and the number of notifications
they receive from their staff and other passengers. This rule does not
create a training requirement nor does the contract clause at FAR
52.247-69 create a mandatory reporting requirement to hotlines and law
enforcement; training requirements already existed prior to section 111
(e.g., 49 U.S.C. 44734(a)(4)) and apply to all U.S.-flag air carriers,
regardless of whether they are contractors of the Federal Government.
The statute and implementing FAR rule do not require contractors to
substantiate or investigate notifications of potential human
trafficking victims. This rule simply requires data related to the
training that has occurred and notifications that have been made.
c. Duplicate Reporting Requirements
Comment: One respondent appeared to interpret that the proposed
rule sought to amend 41 U.S.C. 1906 to expand the reporting requirement
to commercial services. The respondent believed this would result in
duplicate reporting from Federal Government contractors and non-Federal
Government contractors. For this reason, the respondent recommended not
implementing section 111 in the FAR.
Response: 49 U.S.C. 41108 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. The changes to the FAR under this rule are
necessary to implement this statute. 41 U.S.C. 1906 requires DoD, GSA,
NASA, and the Office of Federal Procurement Policy to make a
determination if it is in the best interest of the Federal Government
to exempt commercial contracts. Section III of the proposed rule
notified the public that DoD, GSA,

[[Page 101823]]

NASA, and the Office of Federal Procurement Policy intend to make a
determination that it would not be in the best interest of the Federal
Government to exempt contracts for the acquisitions of commercial
services from the requirements of 49 U.S.C. 40118(g). DoD, GSA, NASA,
and the Office of Federal Procurement Policy have made that
determination with this final rule (see section III of this preamble).
No similar determination is made for commercial products.

III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services

This final rule adds a new clause at FAR 52.247-69, Reporting
Requirement for U.S-Flag Air Carriers Regarding Training to Prevent
Human Trafficking, to implement 49 U.S.C. 40118(g). 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.

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 Federal Acquisition
Regulatory Council (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 has made a
determination to apply this statute to acquisitions at or below the
SAT.

B. Applicability to Contracts for the Acquisition of Commercial
Products, Including Commercially Available Off-The-Shelf (COTS) Items,
and Commercial Services

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 has made a
determination to apply this statute to acquisitions for commercial
services only. The Administrator for Federal Procurement Policy did not
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 added 49 U.S.C.
40118(g) to require that domestic carriers who contract with the
Federal Government to provide air transportation 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, with the following information:
<bullet> The number of personnel trained in the detection and
reporting of potential severe forms of human trafficking and sex
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 staff or other passengers; and
<bullet> Whether the air carrier notified the National Human
Trafficking Hotline or law enforcement at the relevant airport of the
potential human trafficking victim for each such notification of
potential human trafficking, and if so, when the notification was made.
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 49 U.S.C. 40118(g)
as added by section 111.
The law is silent on the applicability of these requirements to
acquisitions at or below the SAT. The law does not include terms making
express reference to 41 U.S.C. 1905 and its applicability to
acquisitions at or below the SAT, nor does the law independently
provide for criminal or civil penalties. Therefore, the law does not
apply to acquisitions at or below the SAT unless the FAR Council makes
a written determination as required by 41 U.S.C. 1905. Application of
the law to contracts at or below the SAT, currently $250,000, will
further the important public policy objective of combating 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
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 49 U.S.C. 40118(g)
to contracts at or below the SAT would exclude a significant number of
U.S. flag air-carriers who are awarded contracts at or below the SAT,
which would undermine the important public policy objective of
combating 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. With regard to subcontracts at
or below the SAT, it is determined to not be in the best interest of
the Federal Government to apply section 111 to such acquisitions. Based
on FPDS data for fiscal years 2021 and 2022, agencies reviewed seventy-
five (75) of the likely acquisitions for air transportation. The
results of that review reflected that only 0.3% of the awards were
further subcontracted out to another air carrier. Based on the above
evidence, section 111 will not apply to subcontracts at or below the
SAT.
The law is silent on the applicability of these requirements to
acquisitions of commercial products and commercial services. The law
does not include terms making express reference to 41 U.S.C. 1906 and
its application to acquisitions of commercial products or commercial
services, nor does the law independently provide for criminal or civil
penalties. Therefore, this law does not apply to acquisitions of
commercial products and commercial services unless the FAR Council
makes a written determination as required by 41 U.S.C. 1906.
Considering that air transportation, such as passenger air

[[Page 101824]]

travel, is a commercial service, failing to apply 49 U.S.C. 40118(g) to
the acquisition of commercial services would be failing to implement
section 111 in its entirety. For this reason, the FAR Council has
determined that it is in the best interest of the Federal Government
not to exempt acquisitions of commercial services from the requirements
of 49 U.S.C. 40118(g). No similar determination is made for contracts
for commercial products. As such, this rule will apply to acquisitions
of commercial services, but not acquisitions of commercial products.
The law is silent on the applicability of this requirement to
acquisitions of COTS items. The law does not include terms making
express reference to 41 U.S.C. 1907 and its application to acquisitions
of COTS items, nor does the law independently provide for criminal or
civil penalties. 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. Considering that
air transportation does not meet the definition of a COTS item (i.e.,
it is a service, not a product), 49 U.S.C. 40118(g) cannot apply to
acquisitions of such items regardless of the requirements at 41 U.S.C.
1907. Therefore, a determination is unnecessary. This rule is not
applicable to acquisitions of COTS items.

IV. Expected Impact of the Rule

A. Requirement

This final rule creates a new contract clause at FAR 52.247-69,
Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking, that requires domestic carriers who contract
with the Federal Government (excluding DoD) for air transportation to
provide to five Federal Government agencies the annual report required
by 49 U.S.C. 40118(g). The report must contain the number of personnel
trained in the detection of human trafficking, the number of
notifications of human trafficking the contractor received from staff
and other passengers, and the actions the contractor took with regards
to those notifications.
This rule does not create any new training requirements for
domestic air carrier personnel, nor does it mandate that domestic air
carriers report potential human trafficking to hotlines or law
enforcement. U.S.-flag air carriers are already required by statute to
train certain personnel on recognizing and responding to potential
human trafficking victims. 49 U.S.C. 44734(a)(4) requires air carriers
to provide such training on an annual basis to flight attendants that
are employed or contracted by the air carrier, regardless of whether
the air carrier has contracted with the Federal Government to provide
air transportation. 49 U.S.C. 44738 further requires air carriers to
provide this training to ticket counter agents, gate agents, and other
air carrier workers whose jobs require regular interaction with
passengers. This final rule simply requires domestic air carriers to
report by October 30th each year the total number of personnel who
received the training in the previous Government fiscal year (October
1-September 30).
The annual report required by the new clause at FAR 52.247-69 must
also include the number of notifications that the air carrier received
from staff and other passengers and whether the air carrier notified
the Global Human Trafficking Hotline (or comparable hotline) or law
enforcement at the relevant airport. If the air carrier notified a
hotline or law enforcement, then the air carrier must also report when
and how the notification was made. Again, this final rule does not
mandate that the air carrier report the notifications it receives from
staff or other passengers to the hotline or law enforcement, nor does
this rule direct air carriers to seek out whether their staff or other
passengers notified a hotline or law enforcement. However, this final
rule does require air carriers to report basic information about any
notifications made in the previous Government fiscal year (October 1-
September 30).

B. Impact

According to the Department of Transportation (DOT), as of March
2022, there are approximately 183 U.S. Certificated Air Carriers or
U.S.-Flag Air Carriers (see DOT list available at <a href="https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list">https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list</a>). According to data available in the Federal Procurement
Data System (FPDS) for fiscal years 2021 and 2022, civilian agencies
contracted with 121 and 177 unique entities, respectively, in the
Scheduled Air Transportation and Nonscheduled Air Transportation
Industries (North American Industry Classification System (NAICS) codes
4811XX and 4822XX). Considering this information, the Government
assumes that approximately 180 U.S.-flag air carriers may be required
to submit the annual report required by the clause at FAR 52.247-69.
These air carriers will need to ensure that they are able to report
annually on the number of personnel trained in detecting and responding
to potential human trafficking, the number of notifications of
potential human trafficking received from staff and other passengers,
and whether and how the air carrier notified a hotline or law
enforcement at the relevant airport for each notification received.
1. Public Cost
In the proposed rule, the Government estimated that, on average,
the public reporting burden for this collection of information is five
hours per response, which includes two hours to compile and report
information related to the number of personnel trained in the previous
year and three hours to compile and report information on notifications
made to hotlines or law enforcement in the previous year (see section
VII of the proposed rule preamble). The following is a summary of the
estimated burden and cost associated with these reporting requirements
for the 180 air carriers.
a. Reports on Training
Given the existing statutory requirements for domestic air carriers
to provide training to its personnel, it is anticipated that domestic
air carriers already have procedures in place that enable them to
capture the total number of employees receiving training. The
Government anticipates that the contractor employee compiling and
reporting the data is in a position equivalent to a General Schedule
(GS) Grade 12/Step 5 position in the Federal Government. In the final
rule, the fully burdened hourly rate is calculated using the Office of
Personnel Management (OPM) GS-12/step 5 employee hourly rate for the
rest of the United States for calendar year 2024, plus a 36.25 percent
fringe factor and a 12 percent overhead rate. The revised loaded hourly
rate is $72 ($47.22/hour * 1.3625 * 1.12, rounded to the nearest whole
dollar). Therefore, the total estimated public cost of this annual
reporting requirement on training is $25,920 per year (180 air carriers
* 1 report/air carrier * 2 hours per report on training * $72/hour).
b. Reports on Notifications
It is also anticipated that most domestic air carriers have
procedures in place to track when staff and passengers notify the air
carrier of potential human trafficking. According to information
available on domestic air carrier websites, many already have
procedures in place to encourage staff to report potential human
trafficking to a hotline, leadership, or by other means. For example,
some air carriers participate in

[[Page 101825]]

the Blue Lightning Initiative (BLI) promoted by the Department of
Transportation (DOT) and the Department of Homeland Security (DHS). As
part of the BLI, air carrier personnel receive training on detecting
and reporting human trafficking; these employees are encouraged to
follow their organization's internal reporting protocol and to contact
the Homeland Security Investigations (HSI) Tip Line (see <a href="https://www.dhs.gov/blue-campaign/blue-lightning-initiative">https://www.dhs.gov/blue-campaign/blue-lightning-initiative</a>). It is expected
that air carriers will leverage their existing internal reporting
protocols to gather the required information on notifications received
by the air carrier.
The Government anticipates that the contractor employee compiling
and reporting this information is also in a position equivalent to a
GS-12/Step 5 position in the Federal Government. The Government
estimates that the air carrier will spend three hours compiling and
submitting the annual report. Therefore, the total estimated public
cost of this annual reporting requirement is $38,880 per year (180 air
carriers * 1 report/air carrier * 3 hours per report * $72/hour).
2. Government Cost
The 180 air carriers are to submit their reports 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 by October 30th each year. Since there is no statutory
requirement for these agencies to use or process the information in the
reports in any specific manner, it is estimated that each agency will
spend 15 minutes to review and log each report. The employee who is
reviewing the report is anticipated to be a GS-12/Step 5 Government
employee. Therefore, the total estimated Government cost associated
with reviewing the reports from domestic air carriers is $16,200 (5
agencies * 180 report * 0.25 hours/report * $72/hour).

V. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563
direct agencies to assess 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. Congressional Review Act

Pursuant to the Congressional Review Act, DoD, GSA, and NASA will
send this rule to each House of the Congress and to the Comptroller
General of the United States. The Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget has determined
that this rule does not meet the definition in 5 U.S.C. 804(2).

VII. Regulatory Flexibility Act

DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601-612. The FRFA is summarized as follows:

DoD, GSA and NASA are amending 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). Section 111 requires that domestic carriers
who contract with the Federal Government to provide transportation
by air of passengers must submit an annual report with certain
information related to prevention of human trafficking. Section 111
does not apply to contracts awarded by the Department of Defense.
There were no significant issues raised by the public in
response to the initial regulatory flexibility analysis (IRFA).
The 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.
Based on a review of the Department of Transportation (DOT)
Certificated Air Carrier List (see <a href="https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list">https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list</a>), the
Government estimates that there may be approximately 180 U.S. Flag
Air Carriers that contract with the Federal Government each year for
air transportation. Of these air carriers, approximately 62 are
small businesses for the NAICS codes for Scheduled Air
Transportation and Nonscheduled Air Transportation industries
(4811XX and 4822XX). Therefore, the estimated number of total small
entities to which this rule could apply is 62.
This rule does not include any recordkeeping or other compliance
requirements for small businesses. However, the 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 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 rule simply requires
data related to the training that has occurred and notifications
that have been made.
DoD, GSA, and NASA were unable to identify any alternatives to
the rule that would reduce the impact on small entities and still
meet the requirements of the statute.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. However, Section 108 of the Justice for Victims of
Trafficking Act of 2015 (Pub. L. 114-22) has amended the definition
of ``Sex trafficking'' at 22 U.S.C. 7102. Those amendments are not
included in this final rule; those changes are being implemented
under FAR Case 2024-004, titled ``Combating Trafficking in Persons--
Definition and Agency Responsibilities.'' The proposed rule was
published July 18, 2024, at 89 FR 58323.

Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat Division. The Regulatory Secretariat Division
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of
the Small Business Administration.

VIII. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. 3501-3521) applies. The rule
contains information collection requirements. The Office of Management
and Budget (OMB) has provided pre-approval of the revised information
collection requirements under OMB Control Number 9000-0061, FAR Part 47
Transportation Requirements.

A. OMB Control Number, Title, and Any Associated Form(s)

OMB Control Number 9000-0061, FAR Part 47 Transportation
Requirements.

B. Need and Uses

The rule creates a new contract clause at FAR 52.247-69, Reporting
Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent
Human Trafficking, that requires domestic

[[Page 101826]]

carriers who contract with the Federal Government (excluding DoD), for
air transportation to provide to five Federal Government agencies the
annual report required by 49 U.S.C. 40118(g). The report must contain
the number of personnel trained in the detection of human trafficking,
the number of notifications of human trafficking the contractor
received from staff and other passengers, and the actions the
contractor took with regards to those notifications.

C. Annual Burden

Public reporting burden for this collection of information includes
the time to compile and report information related to the number of
personnel trained in the previous year and the time to compile and
report information on notifications made to hotlines or law enforcement
in the previous year. The following is a summary of the estimated
burden associated with these reporting requirements for 180 air
carriers.
Respondents: 180.
Total annual responses: 180.
Estimated hrs/response: 5.
Estimated total burden/hrs: 900.

D. Public Comment

As part of the proposed rule, a 60-day notice was published in the
Federal Register at 88 FR 52102, on August 7, 2023. One comment was
received. Specifically, one respondent suggested that the proposed rule
expands the reporting requirements under 49 U.S.C. 40118(g) resulting
in additional burden not required by the statute.
For example, the respondent stated that the rule improperly expands
upon statutory requirements by requiring reporting of the date and
method of notification of potential human trafficking instances.
Response: The specific reporting requirements in the rule align
with the requirements in 49 U.S.C 40118(g). In particular, 49 U.S.C.
40118(g)(2) requires reporting of ``the number of notifications of
potential human trafficking victims received from staff or other
passengers.'' Further, 49 U.S.C. 40118(g)(3) requires the annual report
include ``whether the air carrier notified the National Human
Trafficking Hotline or law enforcement at the relevant airport of the
potential human trafficking victim for each such notification of
potential human trafficking, and if so, when the notification was
made.'' In implementing these reporting requirements, FAR 52.247-
69(b)(2)(iii) seeks the number of notifications received by the
contractor; the date of any such notification; and the method by which
the notification was made. The Government interprets the statutory
language ``when the notification was made'' in 49 U.S.C. 41108(g)(3) as
requiring the ``date'' the notification was made. The Government
interprets the statutory language ``whether the air carrier notified
the National Human Trafficking Hotline or law enforcement at the
relevant airport'' in 49 U.S.C. 41108(g)(3) as requiring the ``method''
by which the contractor made the notification, e.g., whether the
Contractor notified the Global Human Trafficking Hotline, another
comparable hotline, or law enforcement at the relevant airport. These
are reasonable interpretations of the statute and are not viewed as
creating burden beyond what is required by 49 U.S.C. 40118(g). No
changes were made to the final rule because of this public comment.
Written comments and recommendations for these information collections
should be sent within 30 days of publication of this rule to
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find these information collections
by selecting ``Currently under Review--Open for Public Comments'' or by
using the search function.

E. Obtaining Copies

Requesters may obtain a copy of the information collection
documents from the GSA Regulatory Secretariat Division, by calling 202-
501-4755 or emailing <a href="/cdn-cgi/l/email-protection#54130715063133073137143327357a333b22">[email&#160;protected]</a>. Please cite OMB Control Number
9000-0061, Federal Acquisition Regulation Part 47 Transportation
Requirements.

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 are 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.

PART 1-- FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. In section 1.106 amend in the table following the introductory text,
by adding in numerical order, an entry for ``52.247-69'' to read as
follows.

1.106 OMB approval under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
FAR segment OMB control No.
------------------------------------------------------------------------

* * * * *
52.247-69............................................ 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 provisions of
the Government-financed air transportation statute, commonly referred
to as the Fly America Act, except that 49 U.S.C. 40118(g) is applicable
to the acquisition of commercial services (see 47.405).
* * * * *

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 or contracts for commercial products. 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.

* * * * *

[[Page 101827]]

(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:

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 52.247-69,
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--
(1) By the Department of Defense; or
(2) For commercial products.

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 (JAN
2025)

* * * * *
(c) * * *
__(10) 52.247-69, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking (JAN 2025)
(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)(xxiv) 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) (JAN 2025)

* * * * *
(b) * * *
(1) * * *
(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air
Carriers Regarding Training to Prevent Human Trafficking (JAN 2025)
(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 or contracts for
commercial products).
* * * * *

0
12. Amend section 52.247-63 by--
0
a. In the introductory text, removing ``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'';
0
d. Revising paragraph (b); and
0
e. Adding headings to paragraphs (c), (d) and (e).
The revisions read as follows:

52.247-63 Preference for U.S.-Flag Air Carriers.

* * * * *

Preference for U.S.-Flag Air Carriers (JAN 2025)

(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) U.S. Government-financed international air transportation.
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.
(c) Use of U.S.-flag carriers for international air
transportation. * * *
(d) Statement of unavailability of U.S.-flag air carriers. * * *
(e) Subcontracts. * * *
* * * * *

0
13. Add section 52.247-69 to read as follows:

52.247-69 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 (JAN 2025)

(a) Definitions. As used in this clause--
Human trafficking means ``Severe forms of trafficking in
persons'' or ``Sex trafficking.''
Severe forms of trafficking in persons means--
(1) Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform
such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of
force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
Sex trafficking means the recruitment, harboring,
transportation, provision, or obtaining of a person for the purpose
of a commercial sex act.
(b) Annual reporting requirement.
(1) In accordance with 49 U.S.C. 40118(g), the Contractor shall
provide the annual

[[Page 101828]]

report described in paragraph (b)(2) of this clause by October 30th,
via email, to the following agencies:
(i) General Services Administration:
<a href="/cdn-cgi/l/email-protection#6f3b1d0e0909060c040601083f1d0a190a011b0600013d0a1f001d1b2f081c0e41080019">[email&#160;protected]</a>;
(ii) U.S. Department of Transportation: <a href="/cdn-cgi/l/email-protection#0276706364646b61696b6c6542666d762c656d74">[email&#160;protected]</a>;
(iii) Department of Labor: <a href="/cdn-cgi/l/email-protection#f3b29a81b09281819a9681debba78196839c818780b3979c9fdd949c85">[email&#160;protected]</a>;
(iv) Transportation Security Administration: <a href="/cdn-cgi/l/email-protection#69000a1a440a0a011d0f08041a291d1a08470d011a470e061f">[email&#160;protected]</a>;
(v) U.S. Customs and Border Protection: <a href="/cdn-cgi/l/email-protection#f1b2bda1b1929381df959982df969e87">[email&#160;protected]</a>; and
(vi) DHS Center for Countering Human Trafficking:
<a href="/cdn-cgi/l/email-protection#4c05222a230c0f0f04186228243f622b233a">[email&#160;protected]</a>.
(2) The annual report shall include information from the
preceding Government fiscal year (October 1 through September 30)
regarding--
(i) The number of personnel 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 staff or other 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. 2024-29373 Filed 12-13-24; 8:45 am]
BILLING CODE 6820-EP-P

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