Priority for accommodation in places with anti-trafficking policies

(a)

In general

Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

5712.

Priority for accommodation in places with anti-trafficking policies

(a)

Definitions

In this section—(1)the term place of accommodation means a hotel, motel, or other place of public accommodation that is listed by the Administrator of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2225); and(2)the term severe forms of trafficking in persons has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).(b)

Requirement

For the purpose of making payments under this subchapter 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.(c)

Eligibility as a preferred place of accommodation

To be considered a preferred place of accommodation for the purposes of this section, a place of accommodation shall—(1)enforce the zero-tolerance policy regarding severe forms of trafficking in persons made available by the Administrator of General Services under subsection (d)(1), or a similar zero-tolerance policy developed by the place of accommodation, which shall be demonstrated by—(A)posting that policy in a nonpublic space within the place of accommodation that is accessible by all employees of the place of accommodation; or(B)including that policy in the employee handbook for the place of accommodation;(2)have procedures in place, not later than 180 days after the effective date of this section, for employees of the place of accommodation to—(A)identify any severe form of trafficking in persons according to protocol identified in the employee training based on training materials developed under subsection (d)(3); and(B)with respect to any severe form of trafficking in persons identified under subparagraph (A)—(i)report that activity to—(I)the appropriate law enforcement authorities;(II)management of the place of accommodation; or(III)the national human trafficking hotline described in section 107(b)(1)(B)(ii) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(B)(ii)); or(ii)provide information and resources to the potential victims of that activity, including—(I)contact information for the appropriate law enforcement authorities;(II)information regarding the hotline described in clause (i)(III); or(III)information regarding appropriate local organizations;(3)post the informational materials made available under subsection (d)(3) in an appropriate nonpublic space within the place of accommodation that is accessible by all employees of the place of accommodation;(4)require each employee of the place of accommodation who is physically located at the place of accommodation and who is likely to interact with guests (including, but not limited to security, front desk, housekeeping, room service, and bell staff), or who is responsible for hiring, to complete the training developed under subsection (d)(2), or a training developed pursuant to subsection (e), which shall—(A)take place not later than 90 days after the starting date of the employee, or, in the case of an employee hired before the effective date of this section, not later than 90 days after the effective date of this section; and(B)include training on the identification of all possible cases of severe forms of trafficking in persons;(5)ensure that the place of accommodation does not retaliate against an employee of the place of accommodation for reporting suspected cases of severe forms of trafficking in persons if reported according to protocol identified in the training for the employee; and(6)maintain a current record of every employee who has completed the training program in subsection (e)—(A)if the training is updated in accordance with subsection (e)(3), the place of accommodation must update the records of the employees who retake the training; and(B)records for past employees only need to be maintained for two years past the end of employment or longer at the discretion of the place of accommodation.(d)

GSA requirements

The Administrator of General Services shall—(1)make available on the website of the General Services Administration a model zero-tolerance policy for places of accommodation regarding severe forms of trafficking in persons, including informational materials regarding that policy to be posted within nonpublic spaces;(2)make available on the website of the General Services Administration a list of Department of Homeland Security, Department of Health and Human Services, Department of Justice, Department of State, and privately produced training programs that address the identification of severe forms of trafficking in persons and submit reports to appropriate law enforcement authorities or the National Human Trafficking Hotline;(3)in coordination with the Blue Campaign of the Secretary of Homeland Security, make available on the website of the General Services Administration and the Department of Health and Human Services training and outreach materials on preventing severe forms of trafficking in persons, informational materials to be posted in nonpublic spaces in places of accommodation on identifying the signs of severe forms of trafficking in persons and reporting possible incidences of such exploitation, and informational materials to be posted in public or nonpublic spaces in places of accommodation on self-identifying as a potential victim of severe forms of trafficking in persons and how to access services and support as such a victim, 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 severe forms of trafficking in persons and reporting possible incidences of severe forms of trafficking in persons in lieu of materials developed under this paragraph; and(4)maintain a list of each preferred place of accommodation that—(A)meets the requirements of subsection (c); and(B)is—(i)participating in governmental lodging programs, such as FedRooms (or any successor system);(ii)included on the list maintained by the Administrator of the Federal Emergency Management Agency pursuant to section 28 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2224); or(iii)otherwise known to have received governmental travel business during the 2-year period preceding the effective date of this section.(e)

Training programs

(1)

In general

A place of accommodation may use a training program developed or acquired by that place of accommodation or company to satisfy the requirements of subsection (c)(4) if that training program—(A)focuses on identifying and reporting suspected cases of severe forms of trafficking in persons; and(B)was developed in consultation with—(i)a State government;(ii)survivors or lived experience experts of human trafficking;(iii)survivor-led anti-trafficking organization; or(iv)any organization nationally recognized for its expertise in anti-trafficking initiatives and which actively involves survivor-leaders in consultations.(2)

Review

Training program materials described in paragraph (1) shall be—(A)not less frequently than once every 2 years, reviewed by the applicable place of accommodation and, if necessary, updated based on that review; and(B)delivered to employees of the place of accommodation after any update under subparagraph (A).(f)

Previously trained employees

(1)

Training prior to effective date

Any employee of a place of accommodation who has been trained to identify and report potential cases of severe forms of trafficking in persons before the effective date of this section shall be considered to have satisfied the training requirement under subsection (c)(4) with respect to any employment at that place of accommodation or at any another place of accommodation managed by the same entity.(2)

Training prior to a transfer of employment

Any employee of a place of accommodation who has met the training requirements under subsection (c)(4) shall be considered to have satisfied those requirements with respect to any employment at a place of accommodation managed by the same entity.(g)

Property-by-Property implementation

(1)

Self-certification

(A)

In general

Not later than 1 year after the effective date of this section, and biennially thereafter, each preferred place of accommodation shall submit to the Administrator of General Services a written self-certification that the place of accommodation is in compliance with the requirements of this section.(B)

Notice; reporting

The Administrator of General Services shall—(i)provide notice to each place of accommodation regarding any self-certification that the place of accommodation is required to submit under this subsection not later than the date that is 60 days before the date on which that such self-certification is required; and(ii)not later than 1 year after the effective date of this section, and biennially thereafter, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report regarding each preferred places of accommodation that, for the period covered by the report, submitted and did not submit the self-certifications required under this subsection.(2)

Group certification

A person or entity that manages or franchises multiple places of accommodation may provide a single notice with respect to self-certification under paragraph (1) that each such place of accommodation is in compliance with the requirements of this section. The notice must list all the places of accommodation that are in compliance with the requirements in subsection (c).(h)

Statutory construction

No provision in this section that applies to an employee of a place of accommodation may be construed to apply to an individual who is an independent contractor of, or is otherwise not directly employed by, that place of accommodation, unless the applicable contract is for housekeeping, catering, concierge, or security services, in which case the applicable service provider shall ensure compliance with the requirements of this section.(i)

Regulations required

The Administrator of General Services shall issue such regulations as are necessary to carry out this section.

(b)

Clerical amendment

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:

5712. Priority for accommodation in places with anti-trafficking policies.

(c)

Effective date

The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act.