Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers, 101821-101828 [2024-29373]

Agencies

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

[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 [www.gpo.gov]
[FR Doc No: 2024-29373]



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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 
[email protected]. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. 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

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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,

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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:
     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);
     The number of notifications of potential human trafficking 
victims received from staff or other passengers; and
     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

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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 https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list). 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 https://www.dhs.gov/blue-campaign/blue-lightning-initiative). 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 https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list), 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 
www.reginfo.gov/public/do/PRAMain. 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 [email protected]. 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 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 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: 
[email protected];
    (ii) U.S. Department of Transportation: [email protected];
    (iii) Department of Labor: [email protected];
    (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 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