USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
End Human Trafficking in Government Contracts Act of 2022 This Act strengthens the existing anti-human trafficking framework established under Fed - eral Acquisition Regulation (FAR) § 52.222-50, “Combatting Trafficking in Persons” . It mandates that federal agencies refer contractor reports of potential human trafficking directly to a Suspen - sion and Debarment Official (SDO). Key provisions include: • Under FAR § 52.222-50 (c), contractors must inform employees of anti-trafficking policies and take disciplinary action against violators. • FAR § 52.222-50 (h) requires contracts exceeding USD550,000 for goods or services delivered outside the USA to include a com - prehensive anti-human trafficking compliance plan. See 2.2.4 Transparency and Reporting Require- ments for more information regarding reporting requirements. Florida House Bill 1331 This legislation mandates the creation and main - tenance of a public blacklist of vendors associ - ated with forced labour (currently no vendors are listed). It prohibits listed companies from engag - ing in certain procurement activities and bars state agencies from purchasing commodities from such entities. Additionally, senior manage - ment of vendors must certify that goods sold to the state are free from forced labour. Florida House Bill 7063 This bill requires non-governmental entities to submit a signed affidavit affirming that they do not engage in coercive labour practices con - stituting human trafficking under Florida law. This requirement applies prior to entering into
Anti-corruption • implementation of the Corporate Transpar - ency Act and real estate transparency rules; • development of anti-corruption toolkits and peer learning communities; and • regional anti-corruption hubs and tech part - nerships to combat fraud. 2.2.2 Corporate Human Rights Due Diligence Legislation There are currently no federal mandates requir - ing corporations to conduct human rights due diligence. However, in 2019, the Corporate Human Rights Risk Assessment, Prevention, and Mitigation Act was introduced in Congress. The proposed legislation would have required publicly listed companies to: • conduct annual assessments of human rights risks across their operations and value chains; • rank risks based on severity of harm to rights- holders; and • disclose the assessment process, findings, and mitigation actions in their annual SEC filings. A final bill was never introduced to Congress. 2.2.3 Modern Slavery Legislation Uyghur Forced Labor Prevention Act (UFLPA) Enacted on 23 December 2021, the UFLPA aims to prevent the importation of goods produced with forced labour in the Xinjiang Uyghur Auton - omous Region (XUAR) of China. The legislation enhances accountability for entities implicated in forced labour practices. Under Section 307 of the Tariff Act of 1930 (19 U.S.C. § 1307), goods that are mined, produced, or manufactured – either wholly or in part – in the XUAR or by enti - ties listed on the UFLPA Entity List are prohibited from entering US markets.
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