The Executive Order essentially enforces this section of the TVPRA
by amending the FAR. Specifically, the Executive Order requires
contracting officers to notify officials if they become aware of "activities
that would justify termination under § 106(g)" or under "any other
applicable law or regulation establishing restrictions on trafficking in
persons," and then requires the agency responsible to "consider whether
suspension or debarment is necessary in order to protect the
Government's interest.,25 o While the latter portion of the Executive
Order introduces an element of discretion, the required notice of
trafficking activity holds potential for progress by bringing the problem
of trafficking to light.
Other sections of the Executive Order require that an awareness
program is created to inform employees about the policy of ensuring that
employees themselves do not engage in trafficking of persons or related
activities, and establish actions to allow employees to report instances of
trafficking related activity. The reporting process is also anchored to
the TVPRA § 106(g) language, and allows employees to report, without
retaliation, actions that would justify termination under that provision, in addition to violations of "any other applicable law or regulation
establishing restrictions on trafficking in persons. 2 5 2
The Executive Order seeks not only to establish reporting
procedures but also monitoring procedures. These are designed to
"prevent subcontractors at any tier from engaging in trafficking ... and
to monitor, detect, and terminate any subcontractors or subcontractor
employees that have engaged in such activities." 253 The Executive Order
requires that by September of 2013 the President's Interagency Task
Force to Monitor and Combat Trafficking in Persons shall 'jointly
establish a process for evaluating and identifying, for Federal contracts
and subcontracts performed substantially within the United States,
whether there are industries or sectors with a history (or where there is
current evidence) of trafficking related or forced labor activities
described" in § 106(g) and that "safeguards, guidance and compliance
assistance" will be adopted in these areas.