Federal Acquisition Regulation; Federal Acquisition Circular 2019-01; Small Entity Compliance Guide
| Published date | 20 December 2018 |
| Citation | 83 FR 65478 |
| Record Number | 2018-27544 |
| Section | Rules and Regulations |
| Court | Defense General Services Administration National Aeronautics And Space Administration Department |
65478
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations
(e)(1) * * *
(ii) * * *
(K) _ (1) 52.222–50, Combating
Trafficking in Persons (JAN 2019) (22
U.S.C. chapter 78 and E.O. 13627).
* * * * *
■5. Amend section 52.213–4 by
revising the date of the clause and
paragraphs (a)(2)(viii) and (b)(1)(viii)(A)
to read as follows:
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (JAN 2019)
(a) * * *
(2) * * *
(viii) 52.244–6, Subcontracts for
Commercial Items (JAN 2019).
* * * * *
(b) * * *
(1) * * *
(viii)(A) 52.222–50, Combating
Trafficking in Persons (JAN 2019) (22
U.S.C. chapter 78 and E.O. 13627)
(Applies to all solicitations and
contracts).
* * * * *
■6. Amend section 52.222–50 by—
■a. Revising the date of the clause;
■b. Adding to paragraph (a), in
alphabetical order, the definition
‘‘Recruitment fees’’;
■c. Revising paragraph (b)(5)(i);
■d. Removing from paragraph (b)(6)
‘‘employees’’ and adding ‘‘employees or
potential employees’’ in its place; and
■e. Removing from paragraph (h)(3)(iii)
‘‘employee,’’ and adding ‘‘employee or
potential employee,’’ in its place.
The revisions and addition read as
follows:
52.222–50 Combating Trafficking in
Persons.
* * * * *
Combating Trafficking in Persons (JAN
2019)
(a) * * *
Recruitment fees means fees of any
type, including charges, costs,
assessments, or other financial
obligations, that are associated with the
recruiting process, regardless of the
time, manner, or location of imposition
or collection of the fee.
(1) Recruitment fees include, but are
not limited to, the following fees (when
they are associated with the recruiting
process) for—
(i) Soliciting, identifying, considering,
interviewing, referring, retaining,
transferring, selecting, training,
providing orientation to, skills testing,
recommending, or placing employees or
potential employees;
(ii) Advertising;
(iii) Obtaining permanent or
temporary labor certification, including
any associated fees;
(iv) Processing applications and
petitions;
(v) Acquiring visas, including any
associated fees;
(vi) Acquiring photographs and
identity or immigration documents,
such as passports, including any
associated fees;
(vii) Accessing the job opportunity,
including required medical
examinations and immunizations;
background, reference, and security
clearance checks and examinations; and
additional certifications;
(viii) An employer’s recruiters, agents
or attorneys, or other notary or legal
fees;
(ix) Language interpretation or
translation, arranging for or
accompanying on travel, or providing
other advice to employees or potential
employees;
(x) Government-mandated fees, such
as border crossing fees, levies, or worker
welfare funds;
(xi) Transportation and subsistence
costs—
(A) While in transit, including, but
not limited to, airfare or costs of other
modes of transportation, terminal fees,
and travel taxes associated with travel
from the country of origin to the country
of performance and the return journey
upon the end of employment; and
(B) From the airport or
disembarkation point to the worksite;
(xii) Security deposits, bonds, and
insurance; and
(xiii) Equipment charges.
(2) A recruitment fee, as described in
the introductory text of this definition,
is a recruitment fee, regardless of
whether the payment is—
(i) Paid in property or money;
(ii) Deducted from wages;
(iii) Paid back in wage or benefit
concessions;
(iv) Paid back as a kickback, bribe, in-
kind payment, free labor, tip, or tribute;
or
(v) Collected by an employer or a
third party, whether licensed or
unlicensed, including, but not limited
to—
(A) Agents;
(B) Labor brokers;
(C) Recruiters;
(D) Staffing firms (including private
employment and placement firms);
(E) Subsidiaries/affiliates of the
employer;
(F) Any agent or employee of such
entities; and
(G) Subcontractors at all tiers.
* * * * *
(b) * * *
(5)(i) Use misleading or fraudulent
practices during the recruitment of
employees or offering of employment,
such as failing to disclose, in a format
and language understood by the
employee or potential employee, basic
information or making material
misrepresentations during the
recruitment of employees regarding the
key terms and conditions of
employment, including wages and
fringe benefits, the location of work, the
living conditions, housing and
associated costs (if employer or agent
provided or arranged), any significant
costs to be charged to the employee or
potential employee, and, if applicable,
the hazardous nature of the work;
* * * * *
■7. Amend section 52.244–6 by
revising the date of the clause and
paragraph (c)(1)(xiii)(A) to read as
follows:
52.244–6 Subcontracts for Commercial
Items.
* * * * *
Subcontracts for Commercial Items
(JAN 2019)
* * * * *
(c)(1) * * *
(xiii)(A) 52.222–50, Combating
Trafficking in Persons (JAN 2019) (22
U.S.C. chapter 78 and E.O. 13627).
* * * * *
[FR Doc. 2018–27541 Filed 12–19–18; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION NATIONAL
AERONAUTICS AND SPACE
ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2018–0001, Sequence No.
6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2019–01;
Small Entity Compliance Guide
AGENCY
: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION
: Small entity compliance guide.
SUMMARY
: This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
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65479
Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations
Fairness Act of 1996. It consists of a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2019–01, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding this rule
by referring to FAC 2019–01, which
precedes this document. These
documents are also available via the
internet at http://www.regulations.gov.
DATES
: December 20, 2018.
FOR FURTHER INFORMATION CONTACT
: Ms.
Cecelia Davis at 202–219–0202 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite FAC 2019–01, FAR Case
2015–017.
R
ULE
L
ISTED IN
FAC 2019–01
Subject FAR case Analyst
* Combating Trafficking in Persons—Definition of ‘‘Recruitment Fees’’ ................................................................. 2015–017 Davis.
SUPPLEMENTARY INFORMATION
: A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR Case, refer to the
specific item number and subject set
forth in the document following this
item summary. FAC 2019–01 amends
the FAR as follows:
Combating Trafficking in Persons—
Definition of ‘‘Recruitment Fees’’ (FAR
Case 2015–017)
This final rule amends the Federal
Acquisition Regulation (FAR) to provide
a definition of ‘‘recruitment fees’’ in
FAR subpart 22.17 and the associated
clause at FAR 52.222–50 to further
implement the FAR policy on
combating trafficking in persons. One
element in combating trafficking in
persons is to prohibit contractors from
charging employees or potential
employees recruitment fees.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Dated: December 10, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2018–27544 Filed 12–19–18; 8:45 am]
BILLING CODE 6820–EP–P
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