New Legislation Includes POGO's Recommendations for Ending Human Trafficking in U.S. War Zones

By DANA LIEBELSON

U.S. taxpayers unknowingly fund human trafficking in Iraq and Afghanistan because of poor contractor oversight--but bipartisan Members of Congress are cracking down on this deplorable crime. A new bill introduced on Monday in the House and the Senate incorporates many of POGO's recommendations for stopping U.S. contractors and subcontractors from getting away with modern-day slavery. Some contractors may complain, but both versions of the bill deserve resounding support from the public.

The End Trafficking in Government Contracting Act (S. 2234 and H.R. 4259) is sponsored by Sen. Richard Blumenthal (D-CT) and Rep. James Lankford (R-OK) respectively, along with many notable cosponsors. The legislation is the long-awaited response to a variety of reports from war zones over the course of several years—including the Commission on Wartime Contracting’s final report, which found “tragic evidence of the recurrent problem of trafficking in person by labor brokers or subcontractors of contingency contractors.”

POGO Director of Investigations Nick Schwellenbach testified before a House Committee on Oversight and Government Reform subcommittee on this issue in November.

The legislation includes many of the important recommendations POGO made at that hearing. For example, it expands the definition of “fraudulent recruiting” to include the recruiting of laborers who work on U.S. government contractors outside the U.S. At present, the law only applies to those who are recruited to work in the U.S.  The bills also requires anti-trafficking in persons clauses to be included in contracts—a recommendation POGO made, as it helps contracting officers hold contractors accountable.

Additionally, the bills require contractors with contracts over $1 million plans to implement anti-trafficking plans, and tell the U.S. government when its subcontractors are violating the law.

“The legislation would give the government sharper and more potent weapons to fight human trafficking in our contractor supply chain,” said Schwellenbach.

A House Oversight and Government Reform subcommittee held a hearing yesterday on the topics covered in the legislation. At the hearing, Luis CdeBaca, Ambassador-at-Large at the State Department, reaffirmed in his testimony that this legislation picks up where existing laws fail.

“We’ve come to understand that the role of government in fighting this crime need not be limited to law enforcement and the provision of victim services,” CdeBaca said. “Policies that apply what we’ve learned about supply chain monitoring, responsible labor recruitment practices, and honorable conduct to government procurement and contracting [will] have ripple effects far and wide into the private sector.”

With its widespread, bipartisan support, this legislation has a good chance of passing—but given previous contractor opposition to anti-trafficking rules, it’s likely that contractors will try to push back or water down some of its provisions. However, this legislation provides a tangible solution to an abhorrent problem that has gone on too long.  

For more information on the trafficking crimes this legislation would address, be sure to check out POGO’s recent podcast with Sam McCahon and Sindhu Kavinamannil, two activists who are making a documentary about the labor trafficking.

"The bill is well written and fairly comprehensive," McCahon, a former federal prosecutor who has spent time in private practice working on the issue of labor trafficking on U.S. government contracts, told POGO. "I think it is the best chance for change and I am supporting the measure."

Dana Liebelson is POGO's Beth Daley Communications Fellow.

Comments

[Doug Brooks]

Bryan,

That would be a wonderful and wise change of policy by POGO - the reckless focus on lowest price that Congress apparently prefers has undermined the stability operations industry and, more to the point, damaged vital U.S. policies. There is a strong correlation between the waste fraud and abuse highlighted by the Commission on Wartime Contracting and other investigative bodies and the absurd emphasis on getting the very lowest price possible, at the expense of quality and ethics.

This may be the last statement POGO came out with on Lowest Price:
http://pogoblog.typepad.com/pogo/2009/10/cwc-findings-on-embassy-guards-fiasco-amount-to-blame-shifting.html

If POGO could come out with a statement emphasizing the value of 'best value' contracting over race-to-the-bottom lowest-price contacting that would be helpful to policy-makers and industry alike. Competition is important to cost efficiencies, but not at the cost of quality and ethics, we look forward to POGO clarifying their position that point.

Best regards,

Doug Brooks
ISOA

[Bryan Rahija]

Hi Doug, thanks for your comments. Not sure that we've been so "outspoken" in favor of "lowest price" alone -- "technically acceptable" is obviously a key part of the equation and we've seen how cutting corners to reduce costs can hurt the taxpayer.

[Doug Brooks]

"Some contractors may complain"? Why? I think we all on the same side of the labor trafficking issue. Good law and good enforcement rewards good companies. Actually the industry supports enforcement and has for a long time. ISOA proactively held a well attended, high-level conference on trafficking five years ago (that POGO may have missed).

In fact the real problem undercutting ethics is the ridiculous single-minded emphasis on 'lowest price' contracts vs. best value. While POGO has been outspoken in its support for lowest price, the policy has cost taxpayers dearly in terms of quality and waste, and penalized the more ethical contractors that are more expensive as a result of following the law and regulations.

ISOA is collaborating on new labor trafficking conference and will be announcing details soon. We look forward to POGO's support and attendance.

-Doug Brooks, ISOA

[Annette Tchelka]

I support passage of S. 2234 to end human trafficking. I am disgusted to think that our contractors and subcontractors even need legislation to prevent them from taking part in this despicable practice. Does no one have a conscience unless it's enforced on them?

[Joyce West]

This is a very important issue. I guess that those who engage
in this make a great deal of money but this is just slavery in
the 2012 version. Criminal and horrible.

[Joseph Theis]

Have any contractors ever been penalized in any way, criminal, civil, or administrative, for abuses that involve contract fraud, forced labor, or labor trafficking? Has any contractor ever been barred for permitting such abuses to happen to its employees? Has the Defense OIG ever investigated such a case? I understand that DOD OIG has issued an audit report on the problem, but that should result in investigations. Which agencies have authority to act in this area?

[attack on Iran]

I remember how much of an issue this was in Bosnia. My memory may be faulty, but I am certain that there was some scandal where there were some UN or NATO troops that were actually involved themselves in trafficking. Certainly hope this legislation passes.