81 FR 88707 - Anti-Trafficking Risk Management Best Practices & Mitigation Considerations Guidance

OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy

Federal Register Volume 81, Issue 236 (December 8, 2016)

Page Range		88707-88707
FR Document		2016-29434

The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is seeking comment on a draft memorandum that it has developed in coordination with the Office to Monitor and Combat Trafficking in Persons in the Department of State (DOS) and the Department of Labor (DOL), as Co-Chairs of the Procurement and Supply Chains Committee of the Senior Policy Operating Group of the President's Interagency Task Force to Monitor and Combat Trafficking in Persons (the ``SPOG Committee''), to address anti-trafficking risk management best practices and mitigation considerations. This guidance is designed to help an agency determine if a contractor is taking adequate steps to meet its anti-trafficking responsibilities under the Federal Acquisition Regulation (FAR).

Federal Register, Volume 81 Issue 236 (Thursday, December 8, 2016)

[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Notices]
[Page 88707]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29434]


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OFFICE OF MANAGEMENT AND BUDGET

Office of Federal Procurement Policy


Anti-Trafficking Risk Management Best Practices & Mitigation 
Considerations Guidance

AGENCY: Office of Federal Procurement Policy, Office of Management and 
Budget.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Federal Procurement Policy (OFPP) in the Office 
of Management and Budget (OMB) is seeking comment on a draft memorandum 
that it has developed in coordination with the Office to Monitor and 
Combat Trafficking in Persons in the Department of State (DOS) and the 
Department of Labor (DOL), as Co-Chairs of the Procurement and Supply 
Chains Committee of the Senior Policy Operating Group of the 
President's Interagency Task Force to Monitor and Combat Trafficking in 
Persons (the ``SPOG Committee''), to address anti-trafficking risk 
management best practices and mitigation considerations. This guidance 
is designed to help an agency determine if a contractor is taking 
adequate steps to meet its anti-trafficking responsibilities under the 
Federal Acquisition Regulation (FAR).

DATES: Interested parties should submit comments in writing to the 
address below on or before January 9, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:

Via email: [email protected]

Facsimile: 202-395-5105

    Instructions: Please submit comments only and cite ``Proposed Memo 
on Anti- Trafficking'' in all correspondence.

FOR FURTHER INFORMATION CONTACT: Porter Glock, Office of Federal 
Procurement Policy at 202-395-3145 or [email protected].
    Availability: Copies of the draft memorandum may be obtained at the 
OMB home page at https://www.whitehouse.gov/omb/procurement.

SUPPLEMENTARY INFORMATION: Executive Order 13627, Strengthening 
Protections Against Trafficking in Persons in Federal Contracts, and 
Title XVII of the National Defense Authorization Act (NDAA) for FY 
2013, Ending Trafficking in Government Contracting, established 
requirements for government contracts to prevent trafficking in 
persons. As a result, the Federal Acquisition Regulatory Council 
amended the FAR to implement these requirements.
    The co-chairs of the SPOG Committee, OMB, DOS, and DOL (``Co-
Chairs''), expect contractors to be proactive and forthcoming in their 
efforts to address and reduce the risk of human trafficking in their 
operations and supply chains. At the same time, OMB, State, and DOL 
recognize that not all contractors are similarly situated and some, 
such as those with large supply chains, may face more challenges than 
others in meeting their responsibilities. In addition, not all risks 
are equal in their impact. To this end, the Co-Chairs developed a set 
of best practices and mitigation considerations to help contracting 
officers determine if a contractor is taking adequate steps to meet its 
anti-trafficking responsibilities under the FAR. In addition, to 
promote clarity and consistency in the implementation of anti-
trafficking requirements, the Co-Chairs also developed responses to a 
number of frequently asked questions posed by stakeholders following 
the publication of the final FAR rule.
    The Co-Chairs encourage feedback on the draft guidance. Comments 
are especially welcome on identified best practices and mitigating 
steps as well as any additional information that may be relevant to 
helping a contracting officer determine if an existing Federal 
contractor who reports a trafficking incident has taken reasonable 
actions or if a prospective contractor is able to address trafficking 
challenges where the agency is planning an acquisition in an 
environment that is at high risk of trafficking.
    This draft memorandum is another step in an ongoing effort to 
provide tools to the federal acquisition community--both contracting 
officers and contractors--to ensure the effective implementation of 
E.O. 13627 and the NDAA. These tools include (i) an interactive online 
platform, www.ResponsibleSourcingTool.org, which enables federal 
contractors and other entities to visualize human trafficking risks by 
location, industry sector, and commodity, (ii) online training for both 
contractors and government acquisition officers on the FAR changes to 
address the strengthened trafficking requirements for federal 
contracts, and (iii) additional rulemaking to help ensure contractors 
fully understand what is expected of them to be in compliance with the 
prohibition on charging employees and potential employees recruitment 
fees.

Lesley A. Field,
Acting Administrator.
[FR Doc. 2016-29434 Filed 12-7-16; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 81, No. 236 / Thursday, December 8, 2016 / Notices 88707

3. UL must continue to meet the DATES: Interested parties should submit address trafficking challenges where the
requirements for recognition, including comments in writing to the address agency is planning an acquisition in an
all previously published conditions on below on or before January 9, 2017. environment that is at high risk of
UL’s scope of recognition, in all areas ADDRESSES: Comments may be trafficking.
for which it has recognition. submitted by any of the following This draft memorandum is another
Pursuant to the authority in 29 CFR methods: step in an ongoing effort to provide tools
1910.7, OSHA hereby expands the scope to the federal acquisition community—
Via email: OFPPData@omb.eop.gov
of recognition of UL, subject to the both contracting officers and
Facsimile: 202–395–5105 contractors—to ensure the effective
limitation and conditions specified
above. Instructions: Please submit comments implementation of E.O. 13627 and the
only and cite ‘‘Proposed Memo on Anti- NDAA. These tools include (i) an
III. Authority and Signature Trafficking’’ in all correspondence. interactive online platform,
David Michaels, Ph.D., MPH, FOR FURTHER INFORMATION CONTACT: www.ResponsibleSourcingTool.org,
Assistant Secretary of Labor for Porter Glock, Office of Federal which enables federal contractors and
Occupational Safety and Health, 200 Procurement Policy at 202–395–3145 or other entities to visualize human
Constitution Avenue NW., Washington, pglock@omb.eop.gov. trafficking risks by location, industry
Availability: Copies of the draft sector, and commodity, (ii) online
DC 20210, authorized the preparation of
memorandum may be obtained at the training for both contractors and
this notice. Accordingly, the Agency is
OMB home page at https:// government acquisition officers on the
issuing this notice pursuant to 29 U.S.C.
www.whitehouse.gov/omb/procurement. FAR changes to address the
657(g)(2), Secretary of Labor’s Order No.
strengthened trafficking requirements
1–2012 (77 FR 3912, Jan. 25, 2012), and SUPPLEMENTARY INFORMATION: Executive
for federal contracts, and (iii) additional
29 CFR 1910.7. Order 13627, Strengthening Protections
rulemaking to help ensure contractors
Signed at Washington, DC, on December 2, Against Trafficking in Persons in
fully understand what is expected of
2016. Federal Contracts, and Title XVII of the
them to be in compliance with the
David Michaels, National Defense Authorization Act
prohibition on charging employees and
(NDAA) for FY 2013, Ending Trafficking
Assistant Secretary of Labor for Occupational potential employees recruitment fees.
Safety and Health. in Government Contracting, established
[FR Doc. 2016–29437 Filed 12–7–16; 8:45 am]
requirements for government contracts Lesley A. Field,
to prevent trafficking in persons. As a Acting Administrator.
BILLING CODE 4510–26–P
result, the Federal Acquisition [FR Doc. 2016–29434 Filed 12–7–16; 8:45 am]
Regulatory Council amended the FAR to BILLING CODE P
implement these requirements.
OFFICE OF MANAGEMENT AND The co-chairs of the SPOG Committee,
BUDGET OMB, DOS, and DOL (‘‘Co-Chairs’’), OFFICE OF MANAGEMENT AND
expect contractors to be proactive and BUDGET
Office of Federal Procurement Policy forthcoming in their efforts to address
and reduce the risk of human trafficking Public Availability of Fiscal Year 2014
Anti-Trafficking Risk Management Best in their operations and supply chains. and Fiscal Year 2015 Agency
Practices & Mitigation Considerations At the same time, OMB, State, and DOL Inventories Under the Federal
Guidance recognize that not all contractors are Activities Inventory Reform Act
similarly situated and some, such as AGENCY: Office of Management and
AGENCY: Office of Federal Procurement those with large supply chains, may face Budget, Executive Office of the
Policy, Office of Management and more challenges than others in meeting President.
Budget. their responsibilities. In addition, not all ACTION: Notice of public availability of
ACTION: Notice; request for comments. risks are equal in their impact. To this agency inventories of activities that are
end, the Co-Chairs developed a set of not inherently governmental and of
SUMMARY: The Office of Federal best practices and mitigation activities that are inherently
Procurement Policy (OFPP) in the Office considerations to help contracting governmental.
of Management and Budget (OMB) is officers determine if a contractor is
seeking comment on a draft taking adequate steps to meet its anti- SUMMARY: The Federal Activities
memorandum that it has developed in trafficking responsibilities under the Inventory Reform (FAIR) Act, Public
coordination with the Office to Monitor FAR. In addition, to promote clarity and Law 105–270, requires agencies to
and Combat Trafficking in Persons in consistency in the implementation of develop inventories each year of
the Department of State (DOS) and the anti-trafficking requirements, the Co- activities performed by their employees
Department of Labor (DOL), as Co- Chairs also developed responses to a that are not inherently governmental
Chairs of the Procurement and Supply number of frequently asked questions functions. The FAIR Act further requires
Chains Committee of the Senior Policy posed by stakeholders following the OMB to review the inventories in
Operating Group of the President’s publication of the final FAR rule. consultation with the agencies. Once
Interagency Task Force to Monitor and The Co-Chairs encourage feedback on that review is complete, agencies are
Combat Trafficking in Persons (the the draft guidance. Comments are required to make the list available to the
‘‘SPOG Committee’’), to address anti- especially welcome on identified best public and OMB must publish a notice
sradovich on DSK3GMQ082PROD with NOTICES

trafficking risk management best practices and mitigating steps as well as of public availability in the Federal
practices and mitigation considerations. any additional information that may be Register. In accordance with the FAIR
This guidance is designed to help an relevant to helping a contracting officer Act, OMB is publishing this notice to
agency determine if a contractor is determine if an existing Federal announce the availability of inventories
taking adequate steps to meet its anti- contractor who reports a trafficking for Fiscal Year (FY) 2014 and FY 2015
trafficking responsibilities under the incident has taken reasonable actions or from the agencies listed below. These
Federal Acquisition Regulation (FAR). if a prospective contractor is able to inventories identify activities that are

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Document Created: 2016-12-08 00:26:47
Document Modified: 2016-12-08 00:26:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Interested parties should submit comments in writing to the
Contact		Porter Glock, Office of Federal Procurement Policy at 202-395-3145 or [email protected]
FR Citation		81 FR 88707

81 FR 88707 - Anti-Trafficking Risk Management Best Practices & Mitigation Considerations Guidance

OFFICE OF MANAGEMENT AND BUDGETOffice of Federal Procurement Policy

Federal Register Volume 81, Issue 236 (December 8, 2016)

OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy