II 

111TH CONGRESS 

2D SESSION S. 3184 

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, and Mr. CARDIN) 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 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

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


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1 (1) The sexual exploitation of minors is a global 

2 phenomenon. The International Labour Organiza3 tion estimates that 1,800,000 children worldwide are 

4 exploited through prostitution and pornography. 

5 (2) Many countries with a high prevalence of 

6 trafficking in children lack financial resources, legal 

7 expertise, technical capacity, and other resources to 

8 appropriately protect and rescue these children, de9 spite a demonstrated political will to do so. 

10 (3) The Department of State’s Office to Mon11 itor and Combat Trafficking in Persons named 110 

12 countries in its 2009 report that fail to meet the 

13 minimum standards for the elimination of traf14 ficking, as defined in section 108 of the Trafficking 

15 Victims Protection Act of 2000 (22 U.S.C. 7106). 

16 (4) As a States Party to the Optional Protocol 

17 to the Convention on the Rights of the Child on the 

18 Sale of Children, Child Prostitution and Child Por19 nography, the United States is obligated pursuant to 

20 Article 10 to, among other things, take all necessary 

21 steps to strengthen international cooperation by mul22 tilateral, regional, and bilateral arrangements for the 

23 prevention and detection of those responsible for 

24 acts involving the sale of children, child prostitution, 

25 child pornography, and child sex tourism. The 


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1 United States also is required to promote inter2 national cooperation and coordination authorities of 

3 other States Parties to the Convention, national and 

4 international nongovernmental organizations, and 

5 international organizations to achieve these objec6 tives. 

7 (5) Article 10 of the Optional Protocol to the 

8 Convention on the Rights of the Child on the Sale 

9 of Children, Child Prostitution and Child Pornog10 raphy further mandates that the United States and 

11 other States Parties in a position to do so to provide 

12 financial, technical, or other assistance through ex13 isting multilateral, regional, bilateral, or other pro14 grams. 

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

16 this Act is to provide incentives to Tier II countries and 

17 Tier II Watch List countries to protect and rescue chil18 dren subjected to severe forms of trafficking or sexual ex19 ploitation by the establishment of Child Protection Com20 pacts between the United States and select, eligible coun21 tries with a significant prevalence of trafficking in chil22 dren, in order to— 

23 (1) address institutional weaknesses within the 

24 government that result in the failure to protect vulVerDate Nov 24 2008 03:17 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3184.IS S3184

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1 nerable children and to rescue and properly rehabili2 tate victims; 

3 (2) increase local government capacity to appre4 hend perpetrators who engage in severe forms of 

5 trafficking in children and bring them to justice in 

6 national courts of law; and 

7 (3) ensure transparency and accountability in 

8 achieving the goals stipulated in the Compact over 

9 the course of its three-year implementation. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

13 means the Ambassador-at-Large of the Department 

14 of State’s Office to Monitor and Combat Trafficking 

15 in Persons. 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—Except as otherwise provided, the term ‘‘ap18 propriate congressional committees’’ means the 

19 Committee on Foreign Affairs of the House of Rep20 resentatives and the Committee on Foreign Rela21 tions of the Senate. 

22 (3) CHILD PROTECTION.—The term ‘‘child pro23 tection’’ means efforts to prevent and respond to vio24 lence, exploitation, and abuse against children. 


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

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

3 Compact described in section 6. 

4 (5) MINOR.—The term ‘‘minor’’ means an indi5 vidual who has not attained the age of 18 years. 

6 (6) NATIONAL ACTION PLAN FOR TRAF7 FICKING.—The term ‘‘national action plan for traf8 ficking’’ means any strategy or long-term plan cre9 ated by a national government that defines specific 

10 goals to— 

11 (A) reduce the number of trafficking vic12 tims; 

13 (B) increase the number of prosecutions of 

14 traffickers; and 

15 (C) ensure proper mechanisms to restore 

16 and reintegrate survivors of human trafficking. 

17 (7) NATIONAL CHILD PROTECTION STRAT18 EGY.—The term ‘‘national child protection strategy’’ 

19 means any plan developed by a national government 

20 in consultation with multilateral bodies or non21 governmental organizations, including a plan derived 

22 from a preexisting process or created as part of a 

23 Child Protection Compact, that outlines— 


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1 (A) short-term and long-term goals for im2 proving child protection and preventing child 

3 exploitation within a country; 

4 (B) the government ministries responsible 

5 for implementation of the plan; and 

6 (C) how coordination will take place be7 tween implementing ministries. 

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

9 the Secretary of State. 

10 (9) SEVERE FORMS OF TRAFFICKING.—The 

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

12 means— 

13 (A) sex trafficking in which a commercial 

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

15 or in which the person induced to perform such 

16 act has not attained 18 years of age; or 

17 (B) the recruitment, harboring, transpor18 tation, provision, or obtaining of a person for 

19 labor or services, through the use of force, 

20 fraud, or coercion for the purpose of subjection 

21 to involuntary servitude, peonage, debt bondage, 

22 or slavery. 

23 (10) TIER II COUNTRIES AND TIER II WATCH

24 LIST COUNTRIES.—The terms ‘‘Tier II countries’’ 

25 and ‘‘Tier II Watch List countries’’ mean those 


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1 countries designated by the Department of State as 

2 not meeting minimum standards for the elimination 

3 of trafficking. 

4 SEC. 4. AUTHORIZATION OF ASSISTANCE. 

5 (a) ASSISTANCE.— 

6 (1) IN GENERAL.—The Secretary, acting 

7 through the Ambassador, is authorized to provide 

8 assistance under this section for each country that 

9 enters into a Compact with the United States pursu10 ant to section 6 to support policies and programs 

11 that assist the country to eradicate severe forms of 

12 trafficking of children and are in furtherance of the 

13 purposes of this Act. 

14 (2) COORDINATION OF EFFORTS.—The Sec15 retary, acting through the Office to Monitor and 

16 Combat Trafficking in Persons, shall provide assist17 ance under this section in consultation with the Bu18 reau of Democracy, Human Rights, and Labor, the 

19 Department of Labor’s Bureau of International 

20 Labor Affairs, the United States Agency for Inter21 national Development (USAID), and other relevant 

22 agencies to avoid duplication of efforts. 

23 (b) FORM OF ASSISTANCE.—Assistance under this 

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

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1 scribed in subsection (c). Assistance under this section 

2 may not be provided in the form of loans. 

3 (c) ELIGIBLE ENTITIES.—An eligible entity referred 

4 to in subsection (b) is— 

5 (1) the national government of the eligible 

6 country; 

7 (2) regional or local governmental units of the 

8 country; or 

9 (3) a nongovernmental organization or a private 

10 entity with expertise in the protection of vulnerable 

11 children, the investigation and prosecution of those 

12 who engage in or benefit from child trafficking, or 

13 rescue of child victims of trafficking. 

14 (d) NUMBER AND AMOUNT OF COMPACTS.—Subject 

15 to the availability of appropriations, the Secretary shall 

16 determine the number of Compacts based on the estab17 lished need of the countries determined to be most eligible 

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

19 of any single Compact shall not exceed a total of 

20 $15,000,000. 

21 (e) ANNUAL DISBURSEMENTS.—Disbursements shall 

22 be made to the eligible entities on an annual basis pursu23 ant to the terms of the respective Compacts. 


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1 SEC. 5. ELIGIBLE COUNTRIES. 

2 (a) DETERMINATION BY THE SECRETARY.—The Sec3 retary, acting through the Office to Monitor and Combat 

4 Trafficking in Persons, shall work in consultation with the 

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

6 Department of Labor’s Bureau of International Labor Af7 fairs to select a country for purposes of entering into a 

8 Compact based on whether the country meets the initial 

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

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

11 subsection (c) shall be based, to the maximum extent pos12 sible, upon objective, documented, and quantifiable indica13 tors. 

14 (b) INITIAL CRITERIA.— 

15 (1) IN GENERAL.—A country may be consid16 ered for a Compact if— 

17 (A) the country is eligible for assistance 

18 from the International Development Associa19 tion, and the per capita income of the country 

20 is equal to or less than the historical ceiling of 

21 the International Development Association; 

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

23 is not ineligible to receive United States eco24 nomic assistance under part I of the Foreign 

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

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1 sion of the Foreign Assistance Act of 1961 or 

2 any other provision of law; and 

3 (C) the country is a Tier II country or 

4 Tier II Watch List country. 

5 (2) RULE OF CONSTRUCTION.—For the pur6 poses of determining whether a country is eligible 

7 for receiving assistance under paragraph (1), the ex8 ercise by the President, the Secretary of State, or 

9 any other officer or employee of the United States 

10 of any waiver or suspension of any provision of law 

11 referred to in such paragraph, and notification to 

12 the appropriate congressional committees in accord13 ance with such provision of law, shall be construed 

14 as satisfying the requirement of such paragraph. 

15 (c) SELECTION CRITERIA.—A country should be se16 lected for purposes of entering into a Compact on the basis 

17 of— 

18 (1) a documented high prevalence of trafficking 

19 of children within the country; and 

20 (2) demonstrated political will and sustained 

21 commitment by the government to undertake mean22 ingful measures to address severe forms of traf23 ficking of children, including— 

24 (A) enactment and enforcement of laws 

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1 ishments commensurate with the crime, includ2 ing, when necessary, against complicit govern3 ment officials; 

4 (B) cooperation with local and inter5 national non-governmental organizations with 

6 demonstrated expertise in combating the traf7 ficking in children; and 

8 (C) the treatment of child trafficking vic9 tims in accordance with Article 6(3) of the Pro10 tocol to Prevent, Suppress and Punish Traf11 ficking in Persons, Especially Women and Chil12 dren, Supplementing the United Nations Con13 vention Against Transnational Organized 

14 Crime. 

15 SEC. 6. CHILD PROTECTION COMPACTS. 

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

17 Ambassador, may provide assistance for a country under 

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

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

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

21 shared objectives in furtherance of the purposes of this 

22 Act. 

23 (b) ELEMENTS.—The Compact should take into ac24 count, if applicable, existing national child protection 


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1 strategies and national action plans for human trafficking 

2 of the country and shall contain— 

3 (1) the specific objectives that the country and 

4 the United States expect to achieve during the term 

5 of the Compact; 

6 (2) the responsibilities of the country and the 

7 United States in the achievement of such objectives; 

8 (3) the particular programs or initiatives to be 

9 undertaken in the achievement of such objectives 

10 and the amount of funding to be allocated to each 

11 program or initiative; 

12 (4) regular outcome indicators to monitor and 

13 measure progress toward achieving such objectives, 

14 including indicators for each program or initiative; 

15 (5) a multi-year financial plan, including the es16 timated amount of contributions by the United 

17 States and the country, if any, and proposed mecha18 nisms to implement the plan and provide oversight, 

19 that describes how the requirements of paragraphs 

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

21 role of civil society in the achievement of such re22 quirements; 

23 (6) where appropriate, a process or processes 

24 for consideration of solicited proposals under the 

25 Compact as well as a process for consideration of 


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1 unsolicited proposals by the Secretary and national, 

2 regional, or local units of government; 

3 (7) the strategy of the country to sustain 

4 progress made toward achieving such objectives after 

5 expiration of the Compact; and 

6 (8) a list of civil society and nonprofit organiza7 tions that the government will partner or consult 

8 with to develop and sustain the child protection and 

9 prosecution capacity in the country. 

10 (c) ASSISTANCE FOR DEVELOPMENT OF COMPACT.— 

11 Notwithstanding subsection (a), the Secretary may enter 

12 into contracts or make grants for any eligible country for 

13 the purpose of facilitating the development and implemen14 tation of the Compact between the United States and the 

15 country. 

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

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

18 the following: 

19 (1) Evaluation of legal standards and practices 

20 and recommendations for improvements that will in21 crease the likelihood of successful prosecutions. 

22 (2) Training anti-trafficking police and inves23 tigators. 

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1 lations about the danger of severe forms of traf2 ficking and to work with law enforcement to identify 

3 and rescue victims. 

4 (4) Creation of victim-friendly courts. 

5 (5) Development of appropriate after-care facili6 ties for rescued victims or other rehabilitation and 

7 reintegration services for children, which may in8 clude education, vocational training, and psycho9 social counseling, as appropriate. 

10 (6) Development and maintenance of data col11 lection systems to monitor victims. 

12 (7) Development of regional cooperative plans 

13 with neighboring countries to prevent cross-border 

14 trafficking of children and child sex tourism. 

15 (8) Development of programs and practices that 

16 address demand, including educational curricula, so17 cial marketing campaigns, and specific law enforce18 ment activities targeting demand. 

19 SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE. 

20 (a) SUSPENSION AND TERMINATION OF ASSIST21 ANCE.—The Secretary may suspend or terminate assist22 ance in whole or in part for a country or entity under 

23 section 4 if the Secretary determines that— 


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

2 which are contrary to the national security interests 

3 of the United States; 

4 (2) the country or entity has engaged in a pat5 tern of actions inconsistent with the criteria used to 

6 determine the eligibility of the country or entity, as 

7 the case may be; or 

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

9 its responsibilities under the Compact. 

10 (b) REINSTATEMENT.—The Secretary may reinstate 

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

12 the Secretary determines that the country or entity has 

13 demonstrated a commitment to correcting each condition 

14 for which assistance was suspended or terminated under 

15 subsection (a). 

16 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

17 3 days after the date on which the Secretary suspends or 

18 terminates assistance under subsection (a) for a country 

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

20 a country or entity, the Secretary shall submit to the ap21 propriate congressional committees a report that contains 

22 the determination of the Secretary under subsection (a) 

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

24 (d) RULE OF CONSTRUCTION.—The authority to sus25 pend or terminate assistance under this section includes 


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1 the authority to suspend or terminate obligations and sub2 obligations. 

3 SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL RE4 PORT. 

5 (a) CONGRESSIONAL CONSULTATION PRIOR TO COM6 PACT NEGOTIATIONS.—Not later than 15 days prior to 

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

8 Ambassador— 

9 (1) shall consult with the appropriate congres10 sional committees with respect to the proposed Com11 pact negotiation; and 

12 (2) shall identify the objectives and mechanisms 

13 to be used for the negotiation of the Compact. 

14 (b) CONGRESSIONAL NOTIFICATION AFTER ENTER15 ING INTO A COMPACT.—Not later than 10 days after en16 tering into a Compact with a country, the Ambassador 

17 shall provide notification of the Compact to the appro18 priate congressional committees, including a detailed sum19 mary of the Compact and a copy of the text of the Com20 pact. 

21 (c) ANNUAL REPORT.— 

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

23 after the date of the enactment of this Act, and an24 nually thereafter, the President shall transmit to the 

25 appropriate congressional committees a report on 


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1 the assistance provided under section 4 during the 

2 prior fiscal year. 

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

4 shall include the following: 

5 (A) The amount of obligations and expend6 itures for assistance provided to each eligible 

7 country during the prior fiscal year. 

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

9 (i) the progress made during each 

10 year by the country toward achieving the 

11 objectives set out in the Compact entered 

12 into by the country; and 

13 (ii) the extent to which assistance pro14 vided under section 4 has been effective in 

15 helping the country to achieve such objec16 tives. 

17 SEC. 9. SENSE OF CONGRESS. 

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

19 to be appropriated for fiscal years 2011 through 2013 for 

20 the Department of State and foreign operations, up to 

21 $30,000,000 should be used to carry out the purposes of 

22 this Act. 

Æ 


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