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Policy Against Human Trafficking

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2.0 - Updated on 2023-09-14 by Anna Campbell

1.0 - Updated on 2020-10-20 by Eileen Crowley

Policy Against Human Trafficking

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.

 

This Policy is not a contract and is not intended to create any obligations on FRA. This Policy may be terminated or changed by FRA at any time, with or without notice.

 

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 Affiliates, Visitors, Subcontractor employees, and FRA agents.

 

4.  Effective Date and Date Reviewed/Updated

This policy went into effect on December 11, 2012, and was updated on May 12, 2020, and September 13, 2023.

 

5.  Policy

It is FRA policy to oppose all forms of human trafficking and forced labor.  FRA prohibits human trafficking activities and requires reporting credible information of violations as stated in the FRA prime contract and in this policy.

 

Prohibited Activities:

In the course of performance of the Prime Contract, FRA employees, affiliates, contractors, users/visitors, Subcontractor employees and agents shall not:

United States);

 

Additional information regarding trafficking in persons can be found at the Department of State’s Office to Monitor and Combat Trafficking in Persons at https://www.state.gov/bureaus-offices/under-secretary-for-civilian-security-democracy-and-human-rights/office-to-monitor-and-combat-trafficking-in-persons/.

 

Consequences of Violation:

 

Violation of this policy may result in disciplinary action, including up to termination of employment; denial of access to the Fermilab site; suspension or termination of Fermilab User or Affiliate status; termination of a subcontract; or referral to law enforcement.

 

Reporting Credible Information of Violation:

 

FRA has an formal obligation under the law and its prime contract to immediately report credible information received from any source that alleges an employee, subcontractor employee, or agent has engaged in conduct that violates the United States policy against Human Trafficking and the specific prohibitions of this policy to the Department of Energy Contracting Officer and to the Department of Energy Inspector General.  FRA also has an obligation to inform the Contracting Officer and Inspector General of any actions taken against an employee, User or Affiliate, subcontractor, subcontractor employee, or their agent pursuant to the Combatting Trafficking in Persons clause of FRA’s prime contract.

 

FRA employees, subcontractor employees, Users and Affiliates, or 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.  Questions and concerns regarding human trafficking issues also may be submitted through the Fermilab Concerns Reporting System, which includes an anonymous reporting option.

 

Human trafficking violations may also be reported to the National Human Trafficking Hotline at 1-888-373-7888 or text 233733 (Befree) or https://humantraffickinghotline.org.

 

FRA strictly prohibits retaliation against any employee who reports violations of this policy or law or who cooperates with any internal or government investigation of such reports.

 

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 or FAR 52.222-50 to the Department of Energy Contracting Officer and Department of Energy Inspector General.

 

The Human Resources Department is responsible for taking appropriate employment actions for violation of this policy.

 

The Procurement Department is responsible for flowing down the requirements of FAR 52.222-50 into subcontracts and taking appropriate reporting and contract action if a subcontractor or subcontractor employees violate this policy.

 

All FRA employees and Fermilab Users, including affiliates, contractors, subcontractor employees, and visitors are responsible for reporting information about violations of this policy to the Office of General Counsel, to the Fermilab Concerns Reporting System, or to the National Human Trafficking Hotline.

 

8.  Authorities

Prime Contract No. DE-AC02-07CH11359 Clause I.30B

FAR 52.222-50 (Combating Trafficking in Persons)

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 3 years.

 

11.  Communication Plan

The Office of General Counsel will communicate this policy to all employees through posting on the Fermilab policies webpage and the Office of General Counsel webpage.  This policy will be included in annual employee training as part of the Fermilab Code of Business Ethics and Conduct training.  Communication to Users and Affiliates is through posting of this policy.  In addition, notification of the National Human Trafficking Hotline will be posted on the Fermilab website in the “Report Concerns or Violations” section.  Communication to subcontractors is through flow down of FAR 52.222-50 in their subcontracts.

 

The approved version of this policy can be found at the following URL:

https://directorate-docdb.fnal.gov/cgi-bin/sso/RetrieveFile?docid=35&filename=2023.09.01%20-%20Policy%20Against%20Human%20Trafficking%20-%20FINAL.pdf&version=