II 

112TH CONGRESS 

1ST SESSION S. 185 

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 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mrs. BOXER (for herself, Mr. BURR, Mr. CARDIN, and Mr. BROWN of Massachusetts) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Child Protection Compact 

5 Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) The use of children for commercial sexual 

2 exploitation is a global phenomenon. Human traf3 ficking affects millions of children worldwide. 

4 (2) Many countries with a high prevalence of 

5 trafficking in children lack financial resources, legal 

6 expertise, technical capacity, and other resources to 

7 appropriately protect and rescue these children, de8 spite a demonstrated political will to do so. 

9 (3) The Department of State’s Office to Mon10 itor and Combat Trafficking in Persons placed 132 

11 countries, out of 175 countries ranked, on Tier 2 or 

12 Tier 2 Watch List in its 2010 Trafficking in Per13 sons report. 

14 (4) As a party to the Protocol to Prevent, Sup15 press and Punish Trafficking in Persons, especially 

16 Women and Children, Supplementing the United 

17 Nations Convention Against Transnational Orga18 nized Crime (the ‘‘Palermo Protocol’’), the United 

19 States has pledged to establish policies and pro20 grams to prevent and combat trafficking in persons 

21 and to protect victims of trafficking from revictim22 ization and to share information, as appropriate, 

23 with law enforcement, immigration and other rel24 evant authorities of other states parties with a view 

25 to combating trafficking in persons. 


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1 (b) DECLARATION OF PURPOSE.—The purpose of 

2 this Act is to provide incentives to Tier 2 countries and 

3 Tier 2 Watch List countries to protect and rescue children 

4 subjected to severe forms of trafficking in persons through 

5 the establishment of Child Protection Compacts between 

6 the United States and select, eligible countries with a sig7 nificant prevalence of trafficking in children, in order to— 

8 (1) address institutional weaknesses within the 

9 government that result in the failure to protect vul10 nerable children and to rescue and properly rehabili11 tate victims; 

12 (2) increase local government capacity to appre13 hend perpetrators who engage in severe forms of 

14 trafficking in children and bring perpetrators to jus15 tice in national courts of law; and 

16 (3) ensure transparency and accountability in 

17 achieving the goals stipulated in the Compact over 

18 the course of its three-year implementation. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) AMBASSADOR.—The term ‘‘Ambassador’’ 

22 means the Ambassador-at-Large of the Department 

23 of State’s Office to Monitor and Combat Trafficking 

24 in Persons. 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—Except as otherwise provided, the term ‘‘ap3 propriate congressional committees’’ means the 

4 Committee on Foreign Affairs of the House of Rep5 resentatives and the Committee on Foreign Rela6 tions of the Senate. 

7 (3) CHILD PROTECTION.—The term ‘‘child pro8 tection’’ means efforts to prevent and respond to vio9 lence, exploitation, and abuse against children. 

10 (4) COMPACT.—The term ‘‘Child Protection 

11 Compact’’ or ‘‘Compact’’ means a Child Protection 

12 Compact described in section 6. 

13 (5) MINOR.—The term ‘‘minor’’ means an indi14 vidual who has not attained the age of 18 years. 

15 (6) NATIONAL ACTION PLAN FOR TRAF16 FICKING.—The term ‘‘national action plan for traf17 ficking’’ means any strategy or long-term plan cre18 ated by a national government that defines specific 

19 goals to— 

20 (A) reduce the number of trafficking vic21 tims; 

22 (B) increase the number of prosecutions of 

23 traffickers; and 


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1 (C) ensure proper mechanisms to rehabili2 tate and reintegrate survivors of human traf3 ficking. 

4 (7) NATIONAL CHILD PROTECTION STRAT5 EGY.—The term ‘‘national child protection strategy’’ 

6 means any plan developed by a national government 

7 in consultation with multilateral bodies or non8 governmental organizations, including a plan derived 

9 from a preexisting process or created as part of a 

10 Child Protection Compact, that outlines— 

11 (A) short-term and long-term goals for im12 proving child protection and preventing child 

13 exploitation within a country; 

14 (B) the government ministries responsible 

15 for implementation of the plan; and 

16 (C) how coordination will take place be17 tween implementing ministries. 

18 (8) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of State. 

20 (9) SEVERE FORMS OF TRAFFICKING.—The 

21 term ‘‘severe forms of trafficking in persons’’ 

22 means— 

23 (A) sex trafficking in which a commercial 

24 sex act is induced by force, fraud, or coercion, 


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1 or in which the person induced to perform such 

2 act has not attained 18 years of age; or 

3 (B) the recruitment, harboring, transpor4 tation, provision, or obtaining of a person for 

5 labor or services, through the use of force, 

6 fraud, or coercion for the purpose of subjection 

7 to involuntary servitude, peonage, debt bondage, 

8 or slavery. 

9 (10) TIER 2 COUNTRIES AND TIER 2 WATCH

10 LIST COUNTRIES.—The terms ‘‘Tier 2 countries’’ 

11 and ‘‘Tier 2 Watch List countries’’ mean those 

12 countries that the Secretary of State has listed pur13 suant to section 110(b)(1)(B) of the Trafficking Vic14 tims Protection Act of 2000 (22 U.S.C. 

15 7107(b)(1)(B)) as countries to which the minimum 

16 standards set forth in section 108 of that Act are 

17 applicable and whose governments do not fully com18 ply with such standards but are making significant 

19 efforts to do so. 

20 SEC. 4. AUTHORIZATION OF ASSISTANCE. 

21 (a) ASSISTANCE.—Subject to subsection (b), the Sec22 retary is authorized to provide assistance under this sec23 tion for each country that enters into a Compact with the 

24 United States pursuant to section 6 to support policies 

25 and programs that assist the country to eradicate severe 


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1 forms of trafficking of children and are in furtherance of 

2 the purposes of this Act. 

3 (b) AVOIDANCE OF DUPLICATION OF EFFORTS.—To 

4 avoid duplication of efforts, the Secretary shall exercise 

5 the authority of subsection (a) only in coordination with 

6 the Administrator of the United States Agency for Inter7 national Development, the Attorney General, and the Sec8 retary of Labor. 

9 (c) FORM OF ASSISTANCE.—Assistance under this 

10 section may be provided in the form of grants, cooperative 

11 agreements, or contracts to or with eligible entities de12 scribed in subsection (d). Assistance under this section 

13 may not be provided in the form of loans. 

14 (d) ELIGIBLE ENTITIES.—An eligible entity referred 

15 to in subsection (c) is— 

16 (1) the national government of the eligible 

17 country; 

18 (2) regional or local governmental units of the 

19 country; or 

20 (3) a nongovernmental organization or a private 

21 entity with expertise in the protection of vulnerable 

22 children, the investigation and prosecution of those 

23 who engage in or benefit from child trafficking, or 

24 rescue of child victims of trafficking. 


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1 (e) NUMBER AND AMOUNT OF COMPACTS.—Subject 

2 to the availability of appropriations, the Secretary shall 

3 determine the number of Compacts based on the estab4 lished need of the countries determined to be most eligible 

5 based on the criteria described in section 5. The amount 

6 of any single Compact shall not exceed a total of 

7 $15,000,000. 

8 (f) ANNUAL DISBURSEMENTS.—Disbursements shall 

9 be made to the eligible entities on an annual basis pursu10 ant to the terms of the respective Compacts. 

11 SEC. 5. ELIGIBLE COUNTRIES. 

12 (a) DETERMINATION BY THE SECRETARY.—The Sec13 retary, acting through the Office to Monitor and Combat 

14 Trafficking in Persons, shall work in consultation with the 

15 Bureau of Democracy, Human Rights, and Labor and the 

16 Department of Labor’s Bureau of International Labor Af17 fairs, and the relevant offices at the Department of Justice 

18 and the United States Agency for International Develop19 ment, to select a country for purposes of entering into a 

20 Compact based on whether the country meets the initial 

21 criteria listed in subsection (b) and the selection criteria 

22 listed in subsection (c). The determination pursuant to 

23 subsection (c) shall be based, to the maximum extent pos24 sible, upon objective, documented, and quantifiable indica25 tors. 


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1 (b) INITIAL CRITERIA.— 

2 (1) IN GENERAL.—A country may be consid3 ered for a Compact if— 

4 (A) the country is eligible for assistance 

5 from the International Development Associa6 tion, and the per capita income of the country 

7 is equal to or less than the historical ceiling of 

8 the International Development Association; 

9 (B) subject to paragraph (2), the country 

10 is not ineligible to receive United States eco11 nomic assistance under part I of the Foreign 

12 Assistance Act of 1961 (22 U.S.C. 2151 et 

13 seq.) by reason of the application of any provi14 sion of the Foreign Assistance Act of 1961 or 

15 any other provision of law; and 

16 (C) the country is a Tier 2 country or Tier 

17 2 Watch List country. 

18 (2) RULE OF CONSTRUCTION.—For the pur19 poses of determining whether a country is eligible 

20 for receiving assistance under paragraph (1), the ex21 ercise by the President, the Secretary of State, or 

22 any other officer or employee of the United States 

23 of any waiver or suspension of any provision of law 

24 referred to in such paragraph, and notification to 

25 the appropriate congressional committees in accordVerDate Mar 15 2010 03:45 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S185.IS S185

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1 ance with such provision of law, shall be construed 

2 as satisfying the requirement of such paragraph. 

3 (c) SELECTION CRITERIA.—A country should be se4 lected for purposes of entering into a Compact on the basis 

5 of— 

6 (1) a documented high prevalence of trafficking 

7 of children within the country; and 

8 (2) demonstrated political will and sustained 

9 commitment by the government to undertake mean10 ingful measures to address severe forms of traf11 ficking of children, including— 

12 (A) enactment and enforcement of laws 

13 criminalizing trafficking in children with pun14 ishments commensurate with the crime, includ15 ing, when necessary, against complicit govern16 ment officials; 

17 (B) cooperation with local and inter18 national non-governmental organizations with 

19 demonstrated expertise in combating trafficking 

20 in children; and 

21 (C) the treatment of child trafficking vic22 tims in accordance with Article 6(3) of the Pro23 tocol to Prevent, Suppress and Punish Traf24 ficking in Persons, Especially Women and Chil25 dren, Supplementing the United Nations ConVerDate Mar 15 2010 03:45 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S185.IS S185

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1 vention Against Transnational Organized 

2 Crime. 

3 SEC. 6. CHILD PROTECTION COMPACTS. 

4 (a) COMPACT.—The Secretary, acting through the 

5 Ambassador, may provide assistance for a country under 

6 this Act only if the country enters into an agreement with 

7 the United States, to be known as a ‘‘Child Protection 

8 Compact’’, that establishes a 3-year plan for achieving 

9 shared objectives in furtherance of the purposes of this 

10 Act. 

11 (b) ELEMENTS.—The Compact should take into ac12 count, if applicable, existing national child protection 

13 strategies and national action plans for human trafficking 

14 of the country and shall contain— 

15 (1) the specific objectives that the country and 

16 the United States expect to achieve during the term 

17 of the Compact; 

18 (2) the responsibilities of the country and the 

19 United States in the achievement of such objectives; 

20 (3) the particular programs or initiatives to be 

21 undertaken in the achievement of such objectives 

22 and the amount of funding to be allocated to each 

23 program or initiative; 


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1 (4) regular outcome indicators to monitor and 

2 measure progress toward achieving such objectives, 

3 including indicators for each program or initiative; 

4 (5) a multi-year financial plan, including the es5 timated amount of contributions by the United 

6 States and the country, if any, and proposed mecha7 nisms to implement the plan and provide oversight, 

8 that describes how the requirements of paragraphs 

9 (1) through (4) will be met, including identifying the 

10 role of civil society in the achievement of such re11 quirements; 

12 (6) where appropriate, a process or processes 

13 for consideration of solicited proposals under the 

14 Compact as well as a process for consideration of 

15 unsolicited proposals by the Secretary and national, 

16 regional, or local units of government; 

17 (7) the strategy of the country to sustain 

18 progress made toward achieving such objectives after 

19 expiration of the Compact; and 

20 (8) a list of civil society and nonprofit organiza21 tions that the government will partner or consult 

22 with to develop and sustain the child protection and 

23 prosecution capacity in the country. 

24 (c) ASSISTANCE FOR DEVELOPMENT OF COMPACT.— 

25 Notwithstanding subsection (a), the Secretary may enter 


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1 into contracts or make grants for any eligible country for 

2 the purpose of facilitating the development and implemen3 tation of the Compact between the United States and the 

4 country. 

5 (d) DEFINITION OF PROGRAM OR INITIATIVE.—In 

6 this section, the term ‘‘program or initiative’’ may include 

7 the following: 

8 (1) Evaluation of legal standards and practices 

9 and recommendations for improvements that will in10 crease the likelihood of successful prosecutions. 

11 (2) Training anti-trafficking police and inves12 tigators. 

13 (3) Building the capacity of domestic non-gov14 ernmental organizations to educate vulnerable popu15 lations about the danger of severe forms of traf16 ficking and to work with law enforcement to identify 

17 and rescue victims. 

18 (4) Creation of victim-friendly courts. 

19 (5) Development of appropriate after-care facili20 ties for rescued victims or other rehabilitation and 

21 reintegration services for children, which may in22 clude education, vocational training, and psycho23 social counseling, as appropriate. 

24 (6) Development and maintenance of data col25 lection systems to monitor victims. 


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1 (7) Development of regional cooperative plans 

2 with neighboring countries to prevent cross-border 

3 trafficking of children and child sex tourism. 

4 (8) Development of programs and practices that 

5 address demand, including educational curricula, so6 cial marketing campaigns, and specific law enforce7 ment activities targeting demand. 

8 SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE. 

9 (a) SUSPENSION AND TERMINATION OF ASSIST10 ANCE.—The Secretary may suspend or terminate assist11 ance in whole or in part for a country or entity under 

12 section 4 if the Secretary determines that— 

13 (1) the country or entity is engaged in activities 

14 which are contrary to the national security interests 

15 of the United States; 

16 (2) the country or entity has engaged in a pat17 tern of actions inconsistent with the criteria used to 

18 determine the eligibility of the country or entity, as 

19 the case may be; or 

20 (3) the country or entity has failed to adhere to 

21 its responsibilities under the Compact. 

22 (b) REINSTATEMENT.—The Secretary may reinstate 

23 assistance for a country or entity under section 4 only if 

24 the Secretary determines that the country or entity has 

25 demonstrated a commitment to correcting each condition 


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1 for which assistance was suspended or terminated under 

2 subsection (a). 

3 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

4 3 days after the date on which the Secretary suspends or 

5 terminates assistance under subsection (a) for a country 

6 or entity, or reinstates assistance under subsection (b) for 

7 a country or entity, the Secretary shall submit to the ap8 propriate congressional committees a report that contains 

9 the determination of the Secretary under subsection (a) 

10 or subsection (b), as the case may be. 

11 SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL RE12 PORT. 

13 (a) CONGRESSIONAL CONSULTATION PRIOR TO COM14 PACT NEGOTIATIONS.—Not later than 15 days prior to 

15 the start of negotiations of a Compact with a country, the 

16 Secretary— 

17 (1) shall consult with the appropriate congres18 sional committees with respect to the proposed Com19 pact negotiation; and 

20 (2) shall identify the objectives and mechanisms 

21 to be used for the negotiation of the Compact. 

22 (b) CONGRESSIONAL NOTIFICATION AFTER ENTER23 ING INTO A COMPACT.—Not later than 10 days after entry 

24 into force of a Compact with a country, the Secretary shall 

25 provide notification of the Compact to the appropriate 


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1 congressional committees, including a detailed summary 

2 of the Compact and a copy of the text of the Compact. 

3 (c) ANNUAL REPORT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, and an6 nually thereafter for the next 5 years, the President 

7 shall transmit to the appropriate congressional com8 mittees a report on the assistance provided under 

9 section 4 during the prior fiscal year. 

10 (2) MATTERS TO BE INCLUDED.—The report 

11 shall include the following: 

12 (A) The amount of obligations and expend13 itures for assistance provided to each eligible 

14 country during the prior fiscal year. 

15 (B) For each country, an assessment of— 

16 (i) the progress made during each 

17 year by the country toward achieving the 

18 objectives set out in the Compact entered 

19 into by the country; and 

20 (ii) the extent to which assistance pro21 vided under section 4 has been effective in 

22 helping the country to achieve such objec23 tives. 


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1 SEC. 9. SENSE OF CONGRESS. 

2 It is the sense of Congress that, of the total amounts 

3 to be appropriated for fiscal years 2012 through 2014 for 

4 the Department of State and foreign operations, up to 

5 $30,000,000 should be used to carry out the purposes of 

6 this Act. 

Æ 


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