[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3184 Reported in Senate (RS)]

                                                       Calendar No. 624
111th CONGRESS
  2d Session
                                S. 3184

                          [Report No. 111-337]

  To provide United States assistance for the purpose of eradicating 
 severe forms of trafficking in children in eligible countries through 
    the implementation of Child Protection Compacts, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2010

Mrs. Boxer (for herself, Mr. Brownback, Mr. Cardin, Mr. Dodd, Mr. Bayh, 
 Mr. Burr, Mr. Whitehouse, Mr. Tester, Mr. Menendez, Mr. Feingold, Mr. 
  Brown of Massachusetts, Mrs. Gillibrand, Mrs. Lincoln, Mr. Udall of 
  Colorado, Mrs. Murray, Ms. Mikulski, Mr. Johanns, Mr. Schumer, Mr. 
  Cochran, Mr. Brown of Ohio, and Mr. Bond) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

                           September 28, 2010

                Reported by Mr. Kerry, without amendment

_______________________________________________________________________

                                 A BILL


 
  To provide United States assistance for the purpose of eradicating 
 severe forms of trafficking in children in eligible countries through 
    the implementation of Child Protection Compacts, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Child Protection Compact Act of 2010''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The sexual exploitation of minors is a global 
        phenomenon. The International Labour Organization estimates 
        that 1,800,000 children worldwide are exploited through 
        prostitution and pornography.
            (2) Many countries with a high prevalence of trafficking in 
        children lack financial resources, legal expertise, technical 
        capacity, and other resources to appropriately protect and 
        rescue these children, despite a demonstrated political will to 
        do so.
            (3) The Department of State's Office to Monitor and Combat 
        Trafficking in Persons named 110 countries in its 2009 report 
        that fail to meet the minimum standards for the elimination of 
        trafficking, as defined in section 108 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7106).
            (4) As a States Party to the Optional Protocol to the 
        Convention on the Rights of the Child on the Sale of Children, 
        Child Prostitution and Child Pornography, the United States is 
        obligated pursuant to Article 10 to, among other things, take 
        all necessary steps to strengthen international cooperation by 
        multilateral, regional, and bilateral arrangements for the 
        prevention and detection of those responsible for acts 
        involving the sale of children, child prostitution, child 
        pornography, and child sex tourism. The United States also is 
        required to promote international cooperation and coordination 
        authorities of other States Parties to the Convention, national 
        and international nongovernmental organizations, and 
        international organizations to achieve these objectives.
            (5) Article 10 of the Optional Protocol to the Convention 
        on the Rights of the Child on the Sale of Children, Child 
        Prostitution and Child Pornography further mandates that the 
        United States and other States Parties in a position to do so 
        to provide financial, technical, or other assistance through 
        existing multilateral, regional, bilateral, or other programs.
    (b) Declaration of Purpose.--The purpose of this Act is to provide 
incentives to Tier II countries and Tier II Watch List countries to 
protect and rescue children subjected to severe forms of trafficking or 
sexual exploitation by the establishment of Child Protection Compacts 
between the United States and select, eligible countries with a 
significant prevalence of trafficking in children, in order to--
            (1) address institutional weaknesses within the government 
        that result in the failure to protect vulnerable children and 
        to rescue and properly rehabilitate victims;
            (2) increase local government capacity to apprehend 
        perpetrators who engage in severe forms of trafficking in 
        children and bring them to justice in national courts of law; 
        and
            (3) ensure transparency and accountability in achieving the 
        goals stipulated in the Compact over the course of its three-
        year implementation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ambassador.--The term ``Ambassador'' means the 
        Ambassador-at-Large of the Department of State's Office to 
        Monitor and Combat Trafficking in Persons.
            (2) Appropriate congressional committees.--Except as 
        otherwise provided, the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs of the 
        House of Representatives and the Committee on Foreign Relations 
        of the Senate.
            (3) Child protection.--The term ``child protection'' means 
        efforts to prevent and respond to violence, exploitation, and 
        abuse against children.
            (4) Compact.--The term ``Child Protection Compact'' or 
        ``Compact'' means a Child Protection Compact described in 
        section 6.
            (5) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (6) National action plan for trafficking.--The term 
        ``national action plan for trafficking'' means any strategy or 
        long-term plan created by a national government that defines 
        specific goals to--
                    (A) reduce the number of trafficking victims;
                    (B) increase the number of prosecutions of 
                traffickers; and
                    (C) ensure proper mechanisms to restore and 
                reintegrate survivors of human trafficking.
            (7) National child protection strategy.--The term 
        ``national child protection strategy'' means any plan developed 
        by a national government in consultation with multilateral 
        bodies or nongovernmental organizations, including a plan 
        derived from a preexisting process or created as part of a 
        Child Protection Compact, that outlines--
                    (A) short-term and long-term goals for improving 
                child protection and preventing child exploitation 
                within a country;
                    (B) the government ministries responsible for 
                implementation of the plan; and
                    (C) how coordination will take place between 
                implementing ministries.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (9) Severe forms of trafficking.--The term ``severe forms 
        of trafficking in persons'' means--
                    (A) sex trafficking in which a commercial sex act 
                is induced by force, fraud, or coercion, or in which 
                the person induced to perform such act has not attained 
                18 years of age; or
                    (B) the recruitment, harboring, transportation, 
                provision, or obtaining of a person for labor or 
                services, through the use of force, fraud, or coercion 
                for the purpose of subjection to involuntary servitude, 
                peonage, debt bondage, or slavery.
            (10) Tier ii countries and tier ii watch list countries.--
        The terms ``Tier II countries'' and ``Tier II Watch List 
        countries'' mean those countries designated by the Department 
        of State as not meeting minimum standards for the elimination 
        of trafficking.

SEC. 4. AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--
            (1) In general.--The Secretary, acting through the 
        Ambassador, is authorized to provide assistance under this 
        section for each country that enters into a Compact with the 
        United States pursuant to section 6 to support policies and 
        programs that assist the country to eradicate severe forms of 
        trafficking of children and are in furtherance of the purposes 
        of this Act.
            (2) Coordination of efforts.--The Secretary, acting through 
        the Office to Monitor and Combat Trafficking in Persons, shall 
        provide assistance under this section in consultation with the 
        Bureau of Democracy, Human Rights, and Labor, the Department of 
        Labor's Bureau of International Labor Affairs, the United 
        States Agency for International Development (USAID), and other 
        relevant agencies to avoid duplication of efforts.
    (b) Form of Assistance.--Assistance under this section may be 
provided in the form of grants, cooperative agreements, or contracts to 
or with eligible entities described in subsection (c). Assistance under 
this section may not be provided in the form of loans.
    (c) Eligible Entities.--An eligible entity referred to in 
subsection (b) is--
            (1) the national government of the eligible country;
            (2) regional or local governmental units of the country; or
            (3) a nongovernmental organization or a private entity with 
        expertise in the protection of vulnerable children, the 
        investigation and prosecution of those who engage in or benefit 
        from child trafficking, or rescue of child victims of 
        trafficking.
    (d) Number and Amount of Compacts.--Subject to the availability of 
appropriations, the Secretary shall determine the number of Compacts 
based on the established need of the countries determined to be most 
eligible based on the criteria described in section 5. The amount of 
any single Compact shall not exceed a total of $15,000,000.
    (e) Annual Disbursements.--Disbursements shall be made to the 
eligible entities on an annual basis pursuant to the terms of the 
respective Compacts.

SEC. 5. ELIGIBLE COUNTRIES.

    (a) Determination by the Secretary.--The Secretary, acting through 
the Office to Monitor and Combat Trafficking in Persons, shall work in 
consultation with the Bureau of Democracy, Human Rights, and Labor and 
the Department of Labor's Bureau of International Labor Affairs to 
select a country for purposes of entering into a Compact based on 
whether the country meets the initial criteria listed in subsection (b) 
and the selection criteria listed in subsection (c). The determination 
pursuant to subsection (c) shall be based, to the maximum extent 
possible, upon objective, documented, and quantifiable indicators.
    (b) Initial Criteria.--
            (1) In general.--A country may be considered for a Compact 
        if--
                    (A) the country is eligible for assistance from the 
                International Development Association, and the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association;
                    (B) subject to paragraph (2), the country is not 
                ineligible to receive United States economic assistance 
                under part I of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.) by reason of the application of 
                any provision of the Foreign Assistance Act of 1961 or 
                any other provision of law; and
                    (C) the country is a Tier II country or Tier II 
                Watch List country.
            (2) Rule of construction.--For the purposes of determining 
        whether a country is eligible for receiving assistance under 
        paragraph (1), the exercise by the President, the Secretary of 
        State, or any other officer or employee of the United States of 
        any waiver or suspension of any provision of law referred to in 
        such paragraph, and notification to the appropriate 
        congressional committees in accordance with such provision of 
        law, shall be construed as satisfying the requirement of such 
        paragraph.
    (c) Selection Criteria.--A country should be selected for purposes 
of entering into a Compact on the basis of--
            (1) a documented high prevalence of trafficking of children 
        within the country; and
            (2) demonstrated political will and sustained commitment by 
        the government to undertake meaningful measures to address 
        severe forms of trafficking of children, including--
                    (A) enactment and enforcement of laws criminalizing 
                trafficking in children with punishments commensurate 
                with the crime, including, when necessary, against 
                complicit government officials;
                    (B) cooperation with local and international non-
                governmental organizations with demonstrated expertise 
                in combating the trafficking in children; and
                    (C) the treatment of child trafficking victims in 
                accordance with Article 6(3) of the Protocol to 
                Prevent, Suppress and Punish Trafficking in Persons, 
                Especially Women and Children, Supplementing the United 
                Nations Convention Against Transnational Organized 
                Crime.

SEC. 6. CHILD PROTECTION COMPACTS.

    (a) Compact.--The Secretary, acting through the Ambassador, may 
provide assistance for a country under this Act only if the country 
enters into an agreement with the United States, to be known as a 
``Child Protection Compact'', that establishes a 3-year plan for 
achieving shared objectives in furtherance of the purposes of this Act.
    (b) Elements.--The Compact should take into account, if applicable, 
existing national child protection strategies and national action plans 
for human trafficking of the country and shall contain--
            (1) the specific objectives that the country and the United 
        States expect to achieve during the term of the Compact;
            (2) the responsibilities of the country and the United 
        States in the achievement of such objectives;
            (3) the particular programs or initiatives to be undertaken 
        in the achievement of such objectives and the amount of funding 
        to be allocated to each program or initiative;
            (4) regular outcome indicators to monitor and measure 
        progress toward achieving such objectives, including indicators 
        for each program or initiative;
            (5) a multi-year financial plan, including the estimated 
        amount of contributions by the United States and the country, 
        if any, and proposed mechanisms to implement the plan and 
        provide oversight, that describes how the requirements of 
        paragraphs (1) through (4) will be met, including identifying 
        the role of civil society in the achievement of such 
        requirements;
            (6) where appropriate, a process or processes for 
        consideration of solicited proposals under the Compact as well 
        as a process for consideration of unsolicited proposals by the 
        Secretary and national, regional, or local units of government;
            (7) the strategy of the country to sustain progress made 
        toward achieving such objectives after expiration of the 
        Compact; and
            (8) a list of civil society and nonprofit organizations 
        that the government will partner or consult with to develop and 
        sustain the child protection and prosecution capacity in the 
        country.
    (c) Assistance for Development of Compact.--Notwithstanding 
subsection (a), the Secretary may enter into contracts or make grants 
for any eligible country for the purpose of facilitating the 
development and implementation of the Compact between the United States 
and the country.
    (d) Definition of Program or Initiative.--In this section, the term 
``program or initiative'' may include the following:
            (1) Evaluation of legal standards and practices and 
        recommendations for improvements that will increase the 
        likelihood of successful prosecutions.
            (2) Training anti-trafficking police and investigators.
            (3) Building the capacity of domestic non-governmental 
        organizations to educate vulnerable populations about the 
        danger of severe forms of trafficking and to work with law 
        enforcement to identify and rescue victims.
            (4) Creation of victim-friendly courts.
            (5) Development of appropriate after-care facilities for 
        rescued victims or other rehabilitation and reintegration 
        services for children, which may include education, vocational 
        training, and psychosocial counseling, as appropriate.
            (6) Development and maintenance of data collection systems 
        to monitor victims.
            (7) Development of regional cooperative plans with 
        neighboring countries to prevent cross-border trafficking of 
        children and child sex tourism.
            (8) Development of programs and practices that address 
        demand, including educational curricula, social marketing 
        campaigns, and specific law enforcement activities targeting 
        demand.

SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE.

    (a) Suspension and Termination of Assistance.--The Secretary may 
suspend or terminate assistance in whole or in part for a country or 
entity under section 4 if the Secretary determines that--
            (1) the country or entity is engaged in activities which 
        are contrary to the national security interests of the United 
        States;
            (2) the country or entity has engaged in a pattern of 
        actions inconsistent with the criteria used to determine the 
        eligibility of the country or entity, as the case may be; or
            (3) the country or entity has failed to adhere to its 
        responsibilities under the Compact.
    (b) Reinstatement.--The Secretary may reinstate assistance for a 
country or entity under section 4 only if the Secretary determines that 
the country or entity has demonstrated a commitment to correcting each 
condition for which assistance was suspended or terminated under 
subsection (a).
    (c) Congressional Notification.--Not later than 3 days after the 
date on which the Secretary suspends or terminates assistance under 
subsection (a) for a country or entity, or reinstates assistance under 
subsection (b) for a country or entity, the Secretary shall submit to 
the appropriate congressional committees a report that contains the 
determination of the Secretary under subsection (a) or subsection (b), 
as the case may be.
    (d) Rule of Construction.--The authority to suspend or terminate 
assistance under this section includes the authority to suspend or 
terminate obligations and sub-obligations.

SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT.

    (a) Congressional Consultation Prior to Compact Negotiations.--Not 
later than 15 days prior to the start of negotiations of a Compact with 
a country, the Ambassador--
            (1) shall consult with the appropriate congressional 
        committees with respect to the proposed Compact negotiation; 
        and
            (2) shall identify the objectives and mechanisms to be used 
        for the negotiation of the Compact.
    (b) Congressional Notification After Entering Into a Compact.--Not 
later than 10 days after entering into a Compact with a country, the 
Ambassador shall provide notification of the Compact to the appropriate 
congressional committees, including a detailed summary of the Compact 
and a copy of the text of the Compact.
    (c) Annual Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report on the assistance provided under section 4 
        during the prior fiscal year.
            (2) Matters to be included.--The report shall include the 
        following:
                    (A) The amount of obligations and expenditures for 
                assistance provided to each eligible country during the 
                prior fiscal year.
                    (B) For each country, an assessment of--
                            (i) the progress made during each year by 
                        the country toward achieving the objectives set 
                        out in the Compact entered into by the country; 
                        and
                            (ii) the extent to which assistance 
                        provided under section 4 has been effective in 
                        helping the country to achieve such objectives.

SEC. 9. SENSE OF CONGRESS.

    It is the sense of Congress that, of the total amounts to be 
appropriated for fiscal years 2011 through 2013 for the Department of 
State and foreign operations, up to $30,000,000 should be used to carry 
out the purposes of this Act.
                                                       Calendar No. 624

111th CONGRESS

  2d Session

                                S. 3184

                          [Report No. 111-337]

_______________________________________________________________________

                                 A BILL

  To provide United States assistance for the purpose of eradicating 
 severe forms of trafficking in children in eligible countries through 
    the implementation of Child Protection Compacts, and for other 
                               purposes.

_______________________________________________________________________

                           September 28, 2010

                       Reported without amendment