US contractors that commit human trafficking must no longer slip through the cracks

Startling reports from the Washington Post, NBC News and the International Consortium of Investigative Journalists (ICRJ) last week paint a sordid picture of the reality of human trafficking carried out by some U.S. government contractors on American military bases abroad.

Confiscated passports, false promises of a job, restriction of movement, horrible working conditions — a confluence of factors that points clearly to trafficking by certain third-party actors who help run Department of Defense (DOD) installations overseas. This is modern-day slavery, subsidized by American taxpayers.

This kind of investigative reporting is so vital. It sheds a light on unacceptable complicity in forced labor, which undermines other efforts of the U.S. government to address trafficking around the globe. Americans ought to be outraged that human trafficking continues to occur under the watch of the U.S. government in this way — and we can look to recent history for how the public might respond.

A decade ago, a groundswell of citizen advocacy in the U.S. helped mobilize the White House and Congress to ensure that the massive purchasing power of the U.S. government was not being used for the exploitation of vulnerable people through human trafficking. That collective action was spurred in part by Sarah Sullivan's powerful reporting in the June 6, 2011, issue of The New Yorker, which uncovered abuses suffered by foreign workers on U.S. bases in Iraq and Afghanistan.

In March 2012, bipartisan legislation, the End Trafficking in Government Contracting Act of 2012, was introduced in both the House and the Senate to crack down on the problem. Sen. Richard Blumenthal (D-Conn.) said at the bill's introduction, “Modern-day slavery by government contractors – unknowingly funded by American taxpayers – is unconscionable and intolerable. Current law prohibiting human trafficking is insufficient and ineffective, failing to prevent or punish abuses.”

In June 2012, a petition signed by 73,000 anti-slavery advocates was delivered to President Obama, asking him to exert his leadership to address slavery in U.S. supply chains. One of the main requests in the petition was met in September of that year, as the president issued an executive order to strengthen protections against trafficking in persons in federal contracts.

That December, Congress passed the End Trafficking in Government Contracting Act of 2012, through the 2013 National Defense Authorization Act, requiring U.S. government contracts to allow for contract termination or the levying of penalties against parties found to be complicit in trafficking. The legislation also required large overseas contracts — through the DOD or other government agencies — to put anti-slavery prevention compliance plans in place and investigate evidence or complaints of trafficking.

Unfortunately, an August 2021 report by the Government Accountability Office (GAO), reports from both the DOD and the Department of State, and these new media reports have all confirmed and highlighted a horrible fact: Human trafficking still persists overseas by some U.S. government contractors. Mitigation measures, like those required by the 2012 law, have not been properly implemented by government officials and contractors. The GAO report also found that DOD guidance and federal regulations differed in reporting requirements for cases in which contractors were engaged in human trafficking.

Thankfully, Congress has already recognized the need for additional legislative action on this issue. Sen. James Lankford (R-Okla.) introduced new legislation in January to provide stronger oversight of contractors and ensure the enforcement of existing anti-trafficking policies.

As he introduced the End Human Trafficking in Government Contracts Act of 2022, Lankford wrote, “Every Senator, every House member, and the president should support my bill to keep the U.S. government out of the sad and disgusting business of human trafficking with Americans' hard-earned tax dollars.” Just recently, that call to action came to fruition.

In late September, the House of Representatives voted 423-0 to pass the bill, unanimously ensuring the U.S. government is not funding or participating in human trafficking through overseas contracts, including those in defense and national security. On the House floor on Sept. 28, the chair of the House Oversight Committee, Rep. Carolyn Maloney (D-N.Y.), spoke in favor of the bill, saying, “Human trafficking is nothing short of modern-day slavery. It is estimated that human trafficking is a $150 billion global industry. It must be a priority to ensure that the U.S. is not contributing $1 to perpetuate human trafficking through federal contracts.”

The legislation also unanimously passed the Senate earlier this summer and the president signed it into law on Oct. 17.

This new law requires U.S. government agency heads to refer reports of human trafficking to the agency's suspension and debarment official. It underscores that anti-trafficking policies and procedures are not just suggestions for contractors to consider — they are legal requirements for operationalizing the U.S. government's zero-tolerance policy for human trafficking. This policy change is a small, but important, step to ensure that U.S. taxpayer dollars are not used to exploit vulnerable workers overseas — and that contractors who are complicit in trafficking are barred from doing business again with the U.S. government.

Now, let's be clear: Congress should keep a close eye on the implementation of this law. More can and should be done by lawmakers to ensure the eradication of trafficking in all government contracts. At the top of the list: additional funding for DOD's Combating Trafficking in Persons Program Management Office (CTIP PMO), which is responsible for coordinating the Pentagon's efforts to prevent trafficking, prosecute traffickers and assist in the protection of victims.

But in a time of polarization on many fronts, unanimous, bipartisan support in both chambers of Congress for dealing with the issue sends a strong message that the U.S. will act. Americans should welcome this show of unity and speak up, just as they did in 2012, to demand continued action to combat the scourge of human trafficking.

Nate King serves as director of U.S. congressional affairs for International Justice Mission (IJM). IJM is a global non-governmental organization (NGO) that protects people in poverty from violence.