Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers, 52102-52107 [2023-16385]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 https://www.regulations.gov, 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 https://www.regulations.gov, 
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 https://www.regulations.gov/faq). To confirm receipt of your comment(s), 
please check https://www.regulations.gov, 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 
[email protected]. For information pertaining to status, 
publication schedules, or alternate instructions for submitting 
comments if https://www.regulations.gov cannot be used, contact the 
Regulatory Secretariat Division at 202-501-4755 or [email protected]. 
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:
     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);
     The number of notifications of potential human trafficking 
victims received from contractor personnel, subcontractors, or 
passengers; and
     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:
     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);
     The number of notifications of potential human trafficking 
victims received from contractor personnel, subcontractors, or 
passengers; and
     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:
     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);
     The number of notifications of potential human 
trafficking victims received from contractor personnel, 
subcontractors, or passengers; and
     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 https://www.regulations.gov 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 
https://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check https://www.regulations.gov, 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 [email protected].
    Public comments are particularly invited on:
     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;
     The accuracy of the estimate of the burden of this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     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 [email protected]. 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 https://www.state.gov/j/tip/. 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: [email protected];
    (iii) Department of Labor: __;
    (iv) Transportation Security Administration: [email protected];
    (v) U.S. Customs and Border Protection: [email protected]; and
    (vi) DHS Center for Countering Human Trafficking: 
[email protected].
    (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