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Policy No: 2100
Responsible Office: Human Resources
Last Review Date: 10/31/2022
Next Required Review: 10/31/2027
Policy No: 2100
Responsible Office: Human Resources
Last Review Date: 10/31/2022
Next Required Review: 10/31/2027

Federal Requirements on Human Trafficking

1. Purpose

The purpose of this Policy is to ensure that the University of South Alabama is compliant with federal law prohibiting human trafficking and requiring federal contractors and subcontractors to develop and implement anti-trafficking compliance programs for certain contracts for goods and services.

The University has a zero-tolerance policy on human trafficking, and trafficking in persons is at odds with the University’s mission and core values. Human trafficking is also prohibited by federal and state law.

2. Applicability

This Policy is applicable to all faculty, staff, contractors, and subcontractors of the University – General Division and USA Health.

3. Definitions

Contractor:  any individual or other legal entity that (1) directly or indirectly (e.g., through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a federal government contract; or (2) conducts business, or reasonably may be expected to conduct business, with the federal government as an agent or representative of another contractor.

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.

Human trafficking:  The recruitment, harboring, transportation, brokering, transfer, receipt or provision of a person by means of coercion, the threat of force, by abduction, fraud, deception, the abuse of power, abuse of law or legal process, or the paying of recruitment fees in order to exploit that person through involuntary servitude, peonage, debt slavery, or commercial sex acts, including commercial sex acts with minors.

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.

Severe forms of trafficking in person:  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 eighteen (18) years of age; or 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.

Subcontractor:  Any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a Contractor or another subcontractor of a Contractor.

4. Policy Guidelines

4.1 Institutional Prohibitions. The University, its contractors, and its subcontractors, and their employees, respectively, are prohibited from the following:

    • Engaging in severe forms of trafficking in persons during the period of performance of a federal contract;
    • Procuring commercial sex acts during the period of performance of a federal contract;
    • Using forced labor in the performance of a federal contract;
    • Destroying, concealing, confiscating, or otherwise denying an employee access to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of the issuing authority of such documents;
    • Using misleading or fraudulent practices during the recruitment of employees or the 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 the employer or its 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;
    • Using recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
    • Charging employees or potential employees recruitment fees;
    • Subject to exceptions contained in FAR 22.1703(a)((7)(ii), failing to provide return transportation or pay for the cost of return transportation, if required by federal law, upon the end of employment 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;
    • Subject to exceptions contained in FAR 22.1703(a)((7)(ii), failing to provide return transportation or pay for the cost of return transportation, if required by federal law, upon the end of employment 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;
    • Providing or arranging housing that fails to meet host country housing and safety standards; or
    • If required by law or contract, failing to provide an employment contract, recruitment agreement, or similar work paper in writing in the employee’s native language prior to the employee departing from his or her country of origin to work on the contract in another country.

4.2 Institutional Obligations. The University shall offer full cooperation to the federal government in its investigation of any allegations of human trafficking. To that end, the University must:

    • Disclose to the contracting officer with authority over an applicable federal contract and the applicable federal agency Inspector General information sufficient to identify the nature and extent of an alleged offense and the individuals allegedly responsible for the conduct;
    • Provide timely and complete responses to federal government auditors’ and investigators’ requests for documents;
    • Provide reasonable access to University facilities and staff (both inside and outside the United States) to allow contracting agencies and other responsible federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act (22 U.S.C. chapter 78), Executive Order 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and
    • Protect all University employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and not prevent or hinder the ability of these employees from cooperating fully with government authorities.

4.3 Certification and Compliance Plan. The University must develop a compliance plan and execute a certification related to human trafficking if any portion of an applicable federal contract is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States or services to be performed outside the United States and the estimated contract value exceeds $550,000.

4.3.1 Certification. The University shall annually submit a certification to the federal government (or if the University is a Subcontractor, to any requesting Contractor) regarding its human trafficking compliance. The certificate must state that the University:

      • Has implemented a compliance plan to prevent any prohibited activities and to monitor, detect, and terminate any agent, subcontract, or subcontractor engaging in prohibited activities; and
      • After having conducted due diligence, either- 
        • To the best of the University’s knowledge and belief, neither it nor any of its agents, proposed subcontractors, or their agents is engaged in any such prohibited activities; or
        • If abuses relating to any of the prohibited activities have been found, the University has taken appropriate remedial and referral actions.

4.3.1.1 Subcontractor Certification. The University shall include the substance of FAR 52.222-50 in all subcontracts and contracts with agents. The requirements of FAR 52.222-50(h) only apply to portions of a subcontract that is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States or services to be performed outside the United States if the estimated contract value exceeds $550,000.

4.3.2 Compliance Plan. The compliance plan must be appropriate relative to the size and complexity of the federal contract and the nature and scope of the activities the University is performing for the federal government. It must be posted at the worksite and on the University’s website. At a minimum, the compliance plan must include the following:

      • An awareness program to inform University employees of the federal government’s policy prohibiting trafficking-related activities.
      • A process for University employees to report, without fear of retaliation, suspected violations of this policy, which shall also include a means to make available to University employees the phone number of the Global Human Trafficking Hotline (1-844-888-FREE) and its email (help@befree.org).
      • A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to employees or potential employees, and ensures that wages meet applicable host-country legal requirements or explains any variance.
      • A housing plan, if the University intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.
      • Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

5. Procedures

5.1 Notice to Employees. The University shall provide notice to its employees of activities prohibited under this Policy and the disciplinary actions that may be taken against them for violations, which may include termination.

5.2 Mandatory Reporting. The University shall inform the Contracting Officer with authority over an applicable federal contract and the applicable federal agency Inspector General immediately if it receives credible information from any source that a University employee, subcontractor, or subcontractor employee has engaged in conduct that violates Section 4.1 of this policy or if the University has taken action against any such University employee, subcontractor, or subcontractor employee pursuant to this policy.

5.3 Reporting Suspected Human Trafficking.

5.3.1 Emergencies. If you are aware of an emergency threatening the health or safety of another individual, or of the commission of a crime, please call 911 immediately.

5.3.2 Non-Emergencies. USA students, faculty, and staff should contact the Department of Human Resources at (251) 460-6133 or hrmaincampus@southalabama.edu to report violations of this policy or suspected human trafficking.

6. Enforcement

Violations of this policy may subject the individual to corrective action or other sanctions as deemed appropriate by the Vice President for Research and/or Provost and Senior Vice President for Academic Affairs.

7. Related Documents

7.1  FAR 22.1700, et seq., Combating Trafficking in Persons
7.2  Trafficking Victims Protection Act, 22 U.S.C. § 7101, et seq.
7.3  Executive Order 13627