[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3623-S3624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2613. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and 
Mr. McCain) and intended to be proposed to the bill H.R. 5515, to 
authorize appropriations for fiscal year 2019 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle B of title VIII, add the following:

     SEC. 823. ENHANCEMENT OF MONITORING AND INVESTIGATION OF 
                   TRAFFICKING IN PERSONS.

       Section 1704 of the National Defense Authorization Act for 
     Fiscal Year 2013 (22 U.S.C. 7104b) is amended by adding at 
     the end the following new subsection:
       ``(e) Supply Chain Transparency.--
       ``(1) In general.--To facilitate monitoring and 
     investigation of human trafficking, the Office of Management 
     and Budget shall ensure that the searchable public website 
     established pursuant to the Federal Funding Accountability 
     and Transparency Act of 2006 (Public Law 109-282) includes 
     the following information on Federal awards at each tier to 
     both domestic and foreign awardees:
       ``(A) The location of the entity receiving the award and 
     the location of performance and production facilities under 
     the award, including the name of a facility, street address, 
     city, State if applicable, congressional district if 
     applicable, and country.
       ``(B) Notice of whether a contractor must provide a 
     compliance plan to prevent human trafficking under section 
     1703 of the National Defense Authorization Act for Fiscal 
     Year 2013 (22 U.S.C. 1704a).
       ``(C) Notice of whether the location of performance or 
     production facilities is within a country ranked at tier 2 or 
     tier 3 in the most recent Human Trafficking Report of the 
     Department of State.
       ``(D) Additional information that facilitates monitoring 
     and investigation of human trafficking.
       ``(2) Phase-in period for reporting subcontracts and 
     subgrants.--Pursuant to paragraph (1), the Director of the 
     Office of Management and Budget shall--
       ``(A) issue a time-bound plan to phase in the new reporting 
     not later than January 1, 2020;
       ``(B) require reporting of subcontract and subgrant data at 
     tier one not later than January 1, 2020;
       ``(C) require reporting of subcontract and subgrant data at 
     tier two not later than January 1, 2022; and

[[Page S3624]]

       ``(D) include in the annual report required by section 2(g) 
     of the Federal Funding Accountability and Transparency Act 
     (Public Law 109-282; 31 U.S.C. 6101 note), progress on these 
     stages and options for transparency at lower stages starting 
     in fiscal year 2023.
       ``(3) Exceptions.--
       ``(A) Minimum threshold.--Consistent with the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282; 31 U.S.C. 6101 note), executive agencies need 
     not disclose contracts, subcontracts, grants, subgrants, or 
     cooperative agreements less than $25,000 or contractors with 
     gross income less than $300,000 in the previous tax year.
       ``(B) Security risks.--An awarding agency need not disclose 
     the identity of a foreign awardee if the awarding agency 
     certifies that disclosure of the contractor's identity would 
     pose a security risk to the contractor or its contractual 
     mission.
       ``(C) Waivers.--
       ``(i) Guidance.--Not later than one year after the date of 
     enactment of this subsection, the Office of Management and 
     Budget shall issue guidance to establish a process by which a 
     contractor, subcontractor, grantee, subgrantee, or parties to 
     cooperative agreements may request a waiver from any of the 
     requirements set forth in the section.
       ``(ii) Criteria.--To receive a waiver, the contractor, 
     subcontractor, grantee, subgrantee, or party to a cooperative 
     agreement must demonstrate why it cannot currently meet the 
     requirements and must explain the steps it will take to meet 
     the requirements once the waiver expires.
       ``(iii) Expiration.--This waiver option will expire on 
     January 1, 2021.
       ``(iv) Waiver list.--The Office of Management and Budget 
     shall maintain a public list of all contractors, 
     subcontractors, grantees, subgrantees, or parties to 
     cooperative agreements that have received a waiver.
       ``(4) Scope.--For purposes of this section--
       ``(A) awards include contracts and subcontracts, grants and 
     subgrants, and cooperative agreements; and
       ``(B) subcontracts include--
       ``(i) all tiers of the supply chain, not just those to 
     which the prime contractor is a party; and
       ``(ii) supplier agreements with vendors, such as long-term 
     arrangements for materials or supplies that benefit multiple 
     contracts or with respect to which costs are normally applied 
     to a contractor's general and administrative expenses or 
     indirect costs.''.
                                 ______