1. Purpose
The United States Government has a policy prohibiting human trafficking activities, which is incorporated into the Fermi Research Alliance, LLC (FRA) prime contract to manage and operate the Fermi National Accelerator Laboratory (Fermilab) through the requirements of Federal Acquisition Regulation (FAR) 52.222-50 Combating Trafficking in Persons. This policy establishes FRA’s awareness program, requirements, and responsibilities to combat human trafficking.
2. Scope
This policy establishes FRA’s awareness program, requirements, and responsibilities to combat human trafficking.
3. Applicability
This policy applies to all FRA employees, Fermilab users and visitors, subcontractor employees, and FRA agents.
4. Effective Date and Date Reviewed/Updated
This Policy went into effect on December 11, 2012 and its update was effective on May 12, , 2020.
5. Policy
It is FRA policy to combat all forms of human trafficking. In the course of performance of the Prime Contract, FRA employees, contractors, users/visitors, and agents shall not:
- Engage in severe forms of trafficking in persons;
- Procure commercial sex acts;
- Use forced labor in the performance of the contract;
- Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;
- 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;
- Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
- Charge employees or potential employees recruitment fees;
- Fail to provide return transportation or pay for the cost of return transportation upon the end of employment (subject to exceptions stated in FAR 52.222-50) —
- For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
- For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the
United States);
- Provide or arrange housing that fails to meet the host country housing and safety standards; or
- If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing.
Violation of this policy may result in disciplinary action, including up to termination; denied access to the Fermilab site; termination of a subcontract; or referral to law enforcement.
FRA has an formal obligation under the law to immediately report credible information received from any source that alleges an employee, subcontractor employee, or agent has engaged in conduct that violates this policy to the Department of Energy Contracting Officer and to the Department of Energy Inspector General.
FRA employees, subcontractor employees, users and visitors should report to the Office of General Counsel if they have questions about whether any activity would violate this policy or if they have information that they believe reflects human trafficking in violation of this policy.
6. Definitions
Agent: Any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.
Coercion: For purposes of trafficking, coercion means –
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act: Any sex act on account of which anything of value is given to or received by any person.
Debt bondage: The status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
Forced labor: Knowingly providing or obtaining the labor or services of a person—
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude: A condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Recruitment fees: 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. Specific examples of Recruitment fees are included in FAR 52.222-50.
Severe forms of trafficking in persons:
(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: The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
7. Responsibilities
The Office of General Counsel is responsible for maintaining this policy and reporting credible information, received from any source, of violation of this policy to the Department of Energy Contracting Officer and Department of Energy Inspector General.
The Workforce Development and Resources Section is responsible for taking appropriate employment actions for violation of this policy.
The Procurement Section is responsible for flowing down the requirements of FAR 52.222-50 into subcontracts and taking appropriate action if subcontractor employees violate this policy.
All employees, subcontractor employees, users and visitors are responsible for reporting information about violations of this policy to the Office of General Counsel.
8. Authorities
Prime Contract No. DE-AC02-07CH11359 Clause I.30B
FAR 52.222-50 (Combating Trafficking in Persons (JAN 2019)
18 U.S.C. § 1351 – Fraud in Foreign Labor Contracting
22 U.S.C. Chapter 78 – Trafficking Victims Protection
Executive Order 13627 - Strengthening Protections Against Trafficking in Persons in Federal Contracts
9. Owner
The General Counsel is the owner of this policy.
10. Review Cycle
This policy shall be reviewed every five years, unless changes in the law require earlier review or update.
11. Communication Plan
The Office of General Counsel will communicate this policy to all employees through posting on the website and annual training will be required as part annual Code of Business Ethics and Conduct training.