Sec. 122. Priority for accommodation in places with policies relating to severe forms of human trafficking
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/bill/117/hr/5150/ih/section-122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following: For the purpose of making payments under this chapter for lodging expenses, each agency shall ensure that, to the greatest extent practicable, commercial-lodging room nights in the United States for employees of that agency are booked in a preferred place of accommodation. To be considered a preferred place of accommodation for the purposes of this section, a hotel or motel shall— enforce a zero-tolerance policy regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) )) made available by the Administrator of General Services under subsection (c)(1), or a similar zero-tolerance policy developed by the place of accommodation, demonstrated by— posting such policy in a nonpublic space within the place of accommodation that is accessible by all employees; or including such policy in the employee handbook; have procedures in place, not later than 180 days after the date of the enactment of this section, for employees to identify and report any such exploitation according to protocol identified in the employee training based on training materials developed under subsection (c)(3) to the appropriate law enforcement authorities, management of the preferred accommodation, or the National Human Trafficking Hotline; post the informational materials made available under subsection (c)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees; review and update, as necessary, the zero-tolerance policy, procedures, and informational materials at least every two years prior to the due date for self-certifications; require each employee who is physically located at the place of accommodation and who is likely to interact with guests, including security, front desk, housekeeping, room service, and bell staff, to complete the training developed under subsection (c)(2), or a training developed pursuant to subsection (d), that shall— take place not later than 90 days after the starting date of the new employee, or in the case of an employee hired before the effective date of this section, not later than 90 days after the date of enactment of this section; include refresher trainings every two years; and include training on the identification of possible cases of sexual exploitation of children and procedures to report suspected abuse to the appropriate authorities; include a notice to all independent contractors in any agreement affecting a property in the United States negotiated or renewed on or after the date of enactment of this section that states the following:
Federal law prohibits the trafficking of humans under the Trafficking Victims Protection Act ( ; and 22 U.S.C. 7101 et seq. ). ensure that the place of accommodation does not retaliate against employees for reporting suspected cases of such exploitation if reported according to protocol identified in the employee training. The Administrator of General Services shall— make available on the website of the General Services Administration, an up-to-date model zero tolerance policy for places of accommodation regarding severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
(11))), including informational materials regarding such policy to be posted in places of accommodation in nonpublic spaces; make available on the website of the General Services Administration an up-to-date list of Department of Homeland Security, Department of Justice, and Department of State and privately produced training programs that address the identification of severe forms of human trafficking and reporting to law enforcement authorities or the National Human Trafficking Hotline; in coordination with the Secretary of Homeland Security’s Blue Campaign, make available up-to-date training materials on preventing severe forms of human trafficking and informational materials to be posted in nonpublic spaces in places of accommodation on spotting the signs of severe forms of human trafficking and reporting possible incidences of such exploitation, except that the Administrator shall permit the use of substantially similar training materials or informational materials required by State or local law on identifying the signs of human trafficking and reporting possible incidences of such exploitation in lieu of materials developed under this paragraph; and maintain a list of each preferred place of accommodation that meets the requirements of subsection (b), beginning by examining places of accommodation that are— participating in government lodging programs such as FedRooms (or successor system); included on the FEMA Fire Safe List; or otherwise known to have received government travel business in the 2 years prior to enactment of this section.
A place of accommodation or lodging company may use a training program developed or acquired by such place of accommodation or company to satisfy the requirements of subsection (b)(4) if such training program— focuses on identifying and reporting suspected cases of severe forms of human trafficking; and was developed in consultation with State governments, survivor leaders, survivor-led anti-trafficking organization, or a nationally-recognized organization with expertise in anti-trafficking initiatives.
Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of human trafficking during the 2-year period ending on the date of the enactment of this section shall be considered to have met the training requirement in subsection (b)(4) with respect to any employment at that place of accommodation or at any another place of accommodation managed by the same entity. Any employee of a place of accommodation who has met the training requirements under subsection (b)(4) shall be considered to have met such requirements with respect to any employment at a place of accommodation managed by the same entity if such training occurred during the 2-year period ending on the date of the enactment of this section.
Each preferred place of accommodation shall self-certify (in writing) to the Administrator of General Services that such place is in compliance with the requirements of this section. Such self-certification shall occur every 2 years beginning on the date of the enactment of this section. The Administrator shall— provide notice to each place of accommodation regarding any self-certification required under this subsection not later than the date that is 90 days before the due date of such self-certification; and report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, not later than 2 years after the date of the enactment of this section and every two years thereafter— each preferred places of accommodation that submitted and did not submit their self-certifications in the preceding 2 years; and the corresponding total numbers of nights the government paid for Federal employees in self-certified preferred places of accommodation compared to preferred places of accommodation that did not report self-certification to the Administrator of General Services.
A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under subsection
(a)that each such place is in compliance with this section. No provision in this section that applies to an employee of a place of accommodation shall be construed to apply to an individual who is an independent contractor or otherwise not directly employed by a place of accommodation, unless the contract is for housekeeping, security, front desk, room service, or bell staff, in which case it shall be the responsibility of the service provider to ensure compliance with the requirements set forth in this section. The Administrator of General Services shall issue such regulations as are necessary to carry out this section. . Section 5712(a) of title 5, United States Code (as added by subsection (a)), shall take effect 180 days after the date of the enactment of this Act. The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following new item: 5712. Priority for accommodation in places with certain policies relating to severe forms of human trafficking. .
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Sec. 122
Priority for accommodation in places with policies relating to severe forms of human trafficking
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