[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[House]
[Pages H395-H396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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  We cannot be the world's leader in the fight against modern slavery 
if taxpayer dollars are flowing into the hands of traffickers.
  The Obama administration saw this problem and took steps to deal with 
it. An executive order forbids any U.S. Government contractors from 
charging unreasonable recruitment fees. But so far the State Department 
and USAID have been unable to enforce this requirement. The reason 
why--neither agency has defined recruitment fees, so their guidelines 
for fair treatment of workers by contractors are unenforceable.
  Mr. Speaker, this is simply not acceptable. This bill requires that 
the State Department and USAID adopt a legally binding definition of 
recruitment fees. In addition, the agencies must improve how they 
monitor contractors to detect and prevent human trafficking.
  This legislation represents a commonsense step to resolve this 
problem and to make sure we have a clean House as we lead global 
antitrafficking efforts. Mr. Speaker, I urge my colleagues to support 
this important piece of legislation.
  I reserve the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Smith), the chairman of the Foreign Affairs Subcommittee on 
Africa, Global Health, Global Human Rights, and International 
Organizations, and he is the author of the original Trafficking Victims 
Protection Act.
  Mr. SMITH of New Jersey. Mr. Speaker, I want to thank my good friend 
and colleague, the distinguished chairman, Ed Royce, for his 
persistence and creativity in finding new ways to hold the 
administration accountable for preventing human trafficking, especially 
in government contracting, as is required by the Trafficking Victims 
Protection Reauthorization Act of 2005 and the National Defense 
Authorization Act of 2013.
  It seems to me, Mr. Speaker, that U.S. Government procurement should 
be the quintessential example of how to buy goods and services from 
reputable vendors. The TVPA ensures that contracts are lost if there is 
complicity in trafficking and that responsible parties are prosecuted 
if they, in like manner, are complicit in human trafficking.
  H.R. 400 targets a key piece of the law for practical implementation 
and brings our government one step closer to ensuring that U.S. tax 
dollars are not going to companies that look askance at human 
trafficking by their contractors and subcontractors.
  Again, this is a very important bill. I want to thank the 
distinguished chairman for his leadership on this.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I yield myself 
such time as I may consume.
  In closing, I would simply congratulate the gentleman who does a 
wonderful job chairing our Foreign Affairs Committee. As I said on a 
radio show in Philadelphia last week, I really wish those who say that 
there is no bipartisanship in Washington, D.C., could see the way the 
ranking member, Mr. Engel, and our chairman, Mr. Royce, conduct our 
foreign affairs business. I think they would have a different view.
  I am proud to support this piece of legislation, and I urge all my 
colleagues to do so.
  I yield back the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank Mr. Brendan Boyle of Pennsylvania for his work on 
this.
  On the heels of Human Trafficking Awareness Month, I think it is 
important that we as an institution take this

[[Page H396]]

opportunity to ensure that our own overseas contracting does not 
indirectly support debt bondage, and that is what this legislation 
ensures. Our practices need to reflect our Nation's fundamental 
commitments to freedom and human dignity, and, most importantly as 
well, we need to set an example for the rest of the world. I think by 
passing this legislation we will do so.
  I again want to thank my coauthor, Mr. Engel, and all of our 
bipartisan cosponsors for their support of this bill. It really 
deserves our unanimous support.
  I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 400, 
the Trafficking Prevention In Foreign Affairs Contracting Act.
  I support this legislation because it enforces the implementation of 
the Trafficking Victims Protection Act of 2000.
  H.R. 400 requires the Secretary of State and the Administrator of the 
United States Agency for International Development (USAID) to submit 
reports on definitions of placement and recruitment fees for purposes 
of enabling compliance with the Trafficking Victims Protection Act of 
2000.
  Indeed, the office of the Inspector General reported that a 
significant majority of the Department of State's foreign workers in 
certain Middle Eastern countries paid substantial fees to recruiters.
  According to the Inspector General, ``approximately one-half of the 
workers were charged recruitment fees equaling more than six months' 
salary.''
  Moreover, ``more than a quarter of the workers reported fees greater 
than one year's salary and . . . fees that could not be paid off in two 
years.''
  The United States Government Accountability Office (GAO) found that 
USAID, the Department of State (DOS), and the Defense Department (DOD) 
should enhance and strengthen their oversight of contractors in order 
to better protect against trafficking in persons.
  The agencies should develop more precise definitions of recruitment 
fees, and have stronger implementation strategies towards contracting 
officials in areas where the risk of trafficking in persons is high.
  Indeed, out of the three agencies previously addressed, only the DOD 
committed to definitional recruitment fees and concurred with the 
United States GAO's definitional recommendation.
  A proposed Federal Acquisition Regulation (FAR) rule that prohibits 
charging any recruitment fees to employees was noted by both the 
Department of State and USAID.
  However, both the Department of State and USAID lacked an explicit 
definition for what constitutes a prohibited recruitment fee.
  Without an explicit definition of the components of recruitment fees, 
the risk of debt bondages increase, prohibited fees are more likely to 
be renamed and passed, and other conditions that contribute to 
trafficking are more likely to occur.
  I support this legislation because no later than 180 days after the 
date of the enactment of this Act, both the Secretary of State and the 
Administrator of USAID shall submit to the appropriate committees of 
Congress a report that includes a proposed definition of placement and 
recruitment fees for purposes of complying with the Trafficking Victims 
Protection Act of 2000.
  Both entities will also include a description of what fee components 
and amounts are prohibited or are permissible for contractors or their 
agents to charge workers.
  An explanation of how the definition provided will be incorporated 
into grants, contracts, cooperative agreements, and contracting 
practices will be required.
  Both the 180-day period preceding the date of submission and the one 
year following the date of submission require a report of the 
description of actions taken.
  Indeed, acknowledging the actions executed during the time periods 
provided ensure that officials responsible for grants, contracts, and 
cooperative agreements and contracting practices include the prevention 
of trafficking in persons in plans and processes.
  These include agreements and contracting practices that relate to 
areas of the world in which the risk of trafficking in persons is high.
  In a 2011 CNN report, we learned about a federal agency filing a 
large human trafficking lawsuit.
  The article discussed Thai workers who made their way to the 
nonprofit agency.
  Some were approached by a labor contractor who offered what is said 
to be a lucrative job on a farm in the United States, but the would be 
workers unfortunately found themselves owing thousands of dollars in 
recruiting fees instead.
  I support this legislation because it facilitates, establishes and 
monitors a strong system for submitting reports pertaining to explicit 
definitions of placement and recruitment fees, so foreign workers 
recruited from developing countries are not vulnerable to a variety of 
trafficking-related abuses.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Royce) that the House suspend the rules 
and pass the bill, H.R. 400, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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