II 

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. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 3184 RS

1 SECTION 1. SHORT TITLE. 

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

3 Act of 2010’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

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

8 phenomenon. The International Labour Organiza9 tion estimates that 1,800,000 children worldwide are 

10 exploited through prostitution and pornography. 

11 (2) Many countries with a high prevalence of 

12 trafficking in children lack financial resources, legal 

13 expertise, technical capacity, and other resources to 

14 appropriately protect and rescue these children, de15 spite a demonstrated political will to do so. 

16 (3) The Department of State’s Office to Mon17 itor and Combat Trafficking in Persons named 110 

18 countries in its 2009 report that fail to meet the 

19 minimum standards for the elimination of traf20 ficking, as defined in section 108 of the Trafficking 

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

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

23 to the Convention on the Rights of the Child on the 

24 Sale of Children, Child Prostitution and Child Por25 nography, the United States is obligated pursuant to 

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


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 3184 RS

1 steps to strengthen international cooperation by mul2 tilateral, regional, and bilateral arrangements for the 

3 prevention and detection of those responsible for 

4 acts involving the sale of children, child prostitution, 

5 child pornography, and child sex tourism. The 

6 United States also is required to promote inter7 national cooperation and coordination authorities of 

8 other States Parties to the Convention, national and 

9 international nongovernmental organizations, and 

10 international organizations to achieve these objec11 tives. 

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

13 Convention on the Rights of the Child on the Sale 

14 of Children, Child Prostitution and Child Pornog15 raphy further mandates that the United States and 

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

17 financial, technical, or other assistance through ex18 isting multilateral, regional, bilateral, or other pro19 grams. 

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

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

22 Tier II Watch List countries to protect and rescue chil23 dren subjected to severe forms of trafficking or sexual ex24 ploitation by the establishment of Child Protection Com25 pacts between the United States and select, eligible counVerDate Mar 15 2010 03:24 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3184.RS S3184

jbell on DSKDVH8Z91PROD with BILLS
4 

•S 3184 RS

1 tries with a significant prevalence of trafficking in chil2 dren, in order to— 

3 (1) address institutional weaknesses within the 

4 government that result in the failure to protect vul5 nerable children and to rescue and properly rehabili6 tate victims; 

7 (2) increase local government capacity to appre8 hend perpetrators who engage in severe forms of 

9 trafficking in children and bring them to justice in 

10 national courts of law; and 

11 (3) ensure transparency and accountability in 

12 achieving the goals stipulated in the Compact over 

13 the course of its three-year implementation. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

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

17 means the Ambassador-at-Large of the Department 

18 of State’s Office to Monitor and Combat Trafficking 

19 in Persons. 

20 (2) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—Except as otherwise provided, the term ‘‘ap22 propriate congressional committees’’ means the 

23 Committee on Foreign Affairs of the House of Rep24 resentatives and the Committee on Foreign Rela25 tions of the Senate. 


jbell on DSKDVH8Z91PROD with BILLS
5 

•S 3184 RS

1 (3) CHILD PROTECTION.—The term ‘‘child pro2 tection’’ means efforts to prevent and respond to vio3 lence, exploitation, and abuse against children. 

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

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

6 Compact described in section 6. 

7 (5) MINOR.—The term ‘‘minor’’ means an indi8 vidual who has not attained the age of 18 years. 

9 (6) NATIONAL ACTION PLAN FOR TRAF10 FICKING.—The term ‘‘national action plan for traf11 ficking’’ means any strategy or long-term plan cre12 ated by a national government that defines specific 

13 goals to— 

14 (A) reduce the number of trafficking vic15 tims; 

16 (B) increase the number of prosecutions of 

17 traffickers; and 

18 (C) ensure proper mechanisms to restore 

19 and reintegrate survivors of human trafficking. 

20 (7) NATIONAL CHILD PROTECTION STRAT21 EGY.—The term ‘‘national child protection strategy’’ 

22 means any plan developed by a national government 

23 in consultation with multilateral bodies or non24 governmental organizations, including a plan derived 


jbell on DSKDVH8Z91PROD with BILLS
6 

•S 3184 RS

1 from a preexisting process or created as part of a 

2 Child Protection Compact, that outlines— 

3 (A) short-term and long-term goals for im4 proving child protection and preventing child 

5 exploitation within a country; 

6 (B) the government ministries responsible 

7 for implementation of the plan; and 

8 (C) how coordination will take place be9 tween implementing ministries. 

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

11 the Secretary of State. 

12 (9) SEVERE FORMS OF TRAFFICKING.—The 

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

14 means— 

15 (A) sex trafficking in which a commercial 

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

17 or in which the person induced to perform such 

18 act has not attained 18 years of age; or 

19 (B) the recruitment, harboring, transpor20 tation, provision, or obtaining of a person for 

21 labor or services, through the use of force, 

22 fraud, or coercion for the purpose of subjection 

23 to involuntary servitude, peonage, debt bondage, 

24 or slavery. 


jbell on DSKDVH8Z91PROD with BILLS
7 

•S 3184 RS

1 (10) TIER II COUNTRIES AND TIER II WATCH

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

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

4 countries designated by the Department of State as 

5 not meeting minimum standards for the elimination 

6 of trafficking. 

7 SEC. 4. AUTHORIZATION OF ASSISTANCE. 

8 (a) ASSISTANCE.— 

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

10 through the Ambassador, is authorized to provide 

11 assistance under this section for each country that 

12 enters into a Compact with the United States pursu13 ant to section 6 to support policies and programs 

14 that assist the country to eradicate severe forms of 

15 trafficking of children and are in furtherance of the 

16 purposes of this Act. 

17 (2) COORDINATION OF EFFORTS.—The Sec18 retary, acting through the Office to Monitor and 

19 Combat Trafficking in Persons, shall provide assist20 ance under this section in consultation with the Bu21 reau of Democracy, Human Rights, and Labor, the 

22 Department of Labor’s Bureau of International 

23 Labor Affairs, the United States Agency for Inter24 national Development (USAID), and other relevant 

25 agencies to avoid duplication of efforts. 


jbell on DSKDVH8Z91PROD with BILLS
8 

•S 3184 RS

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

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

3 agreements, or contracts to or with eligible entities de4 scribed in subsection (c). Assistance under this section 

5 may not be provided in the form of loans. 

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

7 to in subsection (b) is— 

8 (1) the national government of the eligible 

9 country; 

10 (2) regional or local governmental units of the 

11 country; or 

12 (3) a nongovernmental organization or a private 

13 entity with expertise in the protection of vulnerable 

14 children, the investigation and prosecution of those 

15 who engage in or benefit from child trafficking, or 

16 rescue of child victims of trafficking. 

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

18 to the availability of appropriations, the Secretary shall 

19 determine the number of Compacts based on the estab20 lished need of the countries determined to be most eligible 

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

22 of any single Compact shall not exceed a total of 

23 $15,000,000. 


jbell on DSKDVH8Z91PROD with BILLS
9 

•S 3184 RS

1 (e) ANNUAL DISBURSEMENTS.—Disbursements shall 

2 be made to the eligible entities on an annual basis pursu3 ant to the terms of the respective Compacts. 

4 SEC. 5. ELIGIBLE COUNTRIES. 

5 (a) DETERMINATION BY THE SECRETARY.—The Sec6 retary, acting through the Office to Monitor and Combat 

7 Trafficking in Persons, shall work in consultation with the 

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

9 Department of Labor’s Bureau of International Labor Af10 fairs to select a country for purposes of entering into a 

11 Compact based on whether the country meets the initial 

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

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

14 subsection (c) shall be based, to the maximum extent pos15 sible, upon objective, documented, and quantifiable indica16 tors. 

17 (b) INITIAL CRITERIA.— 

18 (1) IN GENERAL.—A country may be consid19 ered for a Compact if— 

20 (A) the country is eligible for assistance 

21 from the International Development Associa22 tion, and the per capita income of the country 

23 is equal to or less than the historical ceiling of 

24 the International Development Association; 


jbell on DSKDVH8Z91PROD with BILLS
10 

•S 3184 RS

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

2 is not ineligible to receive United States eco3 nomic assistance under part I of the Foreign 

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

5 seq.) by reason of the application of any provi6 sion of the Foreign Assistance Act of 1961 or 

7 any other provision of law; and 

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

9 Tier II Watch List country. 

10 (2) RULE OF CONSTRUCTION.—For the pur11 poses of determining whether a country is eligible 

12 for receiving assistance under paragraph (1), the ex13 ercise by the President, the Secretary of State, or 

14 any other officer or employee of the United States 

15 of any waiver or suspension of any provision of law 

16 referred to in such paragraph, and notification to 

17 the appropriate congressional committees in accord18 ance with such provision of law, shall be construed 

19 as satisfying the requirement of such paragraph. 

20 (c) SELECTION CRITERIA.—A country should be se21 lected for purposes of entering into a Compact on the basis 

22 of— 

23 (1) a documented high prevalence of trafficking 

24 of children within the country; and 


jbell on DSKDVH8Z91PROD with BILLS
11 

•S 3184 RS

1 (2) demonstrated political will and sustained 

2 commitment by the government to undertake mean3 ingful measures to address severe forms of traf4 ficking of children, including— 

5 (A) enactment and enforcement of laws 

6 criminalizing trafficking in children with pun7 ishments commensurate with the crime, includ8 ing, when necessary, against complicit govern9 ment officials; 

10 (B) cooperation with local and inter11 national non-governmental organizations with 

12 demonstrated expertise in combating the traf13 ficking in children; and 

14 (C) the treatment of child trafficking vic15 tims in accordance with Article 6(3) of the Pro16 tocol to Prevent, Suppress and Punish Traf17 ficking in Persons, Especially Women and Chil18 dren, Supplementing the United Nations Con19 vention Against Transnational Organized 

20 Crime. 

21 SEC. 6. CHILD PROTECTION COMPACTS. 

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

23 Ambassador, may provide assistance for a country under 

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

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


jbell on DSKDVH8Z91PROD with BILLS
12 

•S 3184 RS

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

2 shared objectives in furtherance of the purposes of this 

3 Act. 

4 (b) ELEMENTS.—The Compact should take into ac5 count, if applicable, existing national child protection 

6 strategies and national action plans for human trafficking 

7 of the country and shall contain— 

8 (1) the specific objectives that the country and 

9 the United States expect to achieve during the term 

10 of the Compact; 

11 (2) the responsibilities of the country and the 

12 United States in the achievement of such objectives; 

13 (3) the particular programs or initiatives to be 

14 undertaken in the achievement of such objectives 

15 and the amount of funding to be allocated to each 

16 program or initiative; 

17 (4) regular outcome indicators to monitor and 

18 measure progress toward achieving such objectives, 

19 including indicators for each program or initiative; 

20 (5) a multi-year financial plan, including the es21 timated amount of contributions by the United 

22 States and the country, if any, and proposed mecha23 nisms to implement the plan and provide oversight, 

24 that describes how the requirements of paragraphs 

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


jbell on DSKDVH8Z91PROD with BILLS
13 

•S 3184 RS

1 role of civil society in the achievement of such re2 quirements; 

3 (6) where appropriate, a process or processes 

4 for consideration of solicited proposals under the 

5 Compact as well as a process for consideration of 

6 unsolicited proposals by the Secretary and national, 

7 regional, or local units of government; 

8 (7) the strategy of the country to sustain 

9 progress made toward achieving such objectives after 

10 expiration of the Compact; and 

11 (8) a list of civil society and nonprofit organiza12 tions that the government will partner or consult 

13 with to develop and sustain the child protection and 

14 prosecution capacity in the country. 

15 (c) ASSISTANCE FOR DEVELOPMENT OF COMPACT.— 

16 Notwithstanding subsection (a), the Secretary may enter 

17 into contracts or make grants for any eligible country for 

18 the purpose of facilitating the development and implemen19 tation of the Compact between the United States and the 

20 country. 

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

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

23 the following: 


jbell on DSKDVH8Z91PROD with BILLS
14 

•S 3184 RS

1 (1) Evaluation of legal standards and practices 

2 and recommendations for improvements that will in3 crease the likelihood of successful prosecutions. 

4 (2) Training anti-trafficking police and inves5 tigators. 

6 (3) Building the capacity of domestic non-gov7 ernmental organizations to educate vulnerable popu8 lations about the danger of severe forms of traf9 ficking and to work with law enforcement to identify 

10 and rescue victims. 

11 (4) Creation of victim-friendly courts. 

12 (5) Development of appropriate after-care facili13 ties for rescued victims or other rehabilitation and 

14 reintegration services for children, which may in15 clude education, vocational training, and psycho16 social counseling, as appropriate. 

17 (6) Development and maintenance of data col18 lection systems to monitor victims. 

19 (7) Development of regional cooperative plans 

20 with neighboring countries to prevent cross-border 

21 trafficking of children and child sex tourism. 

22 (8) Development of programs and practices that 

23 address demand, including educational curricula, so24 cial marketing campaigns, and specific law enforce25 ment activities targeting demand. 


jbell on DSKDVH8Z91PROD with BILLS
15 

•S 3184 RS

1 SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE. 

2 (a) SUSPENSION AND TERMINATION OF ASSIST3 ANCE.—The Secretary may suspend or terminate assist4 ance in whole or in part for a country or entity under 

5 section 4 if the Secretary determines that— 

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

7 which are contrary to the national security interests 

8 of the United States; 

9 (2) the country or entity has engaged in a pat10 tern of actions inconsistent with the criteria used to 

11 determine the eligibility of the country or entity, as 

12 the case may be; or 

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

14 its responsibilities under the Compact. 

15 (b) REINSTATEMENT.—The Secretary may reinstate 

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

17 the Secretary determines that the country or entity has 

18 demonstrated a commitment to correcting each condition 

19 for which assistance was suspended or terminated under 

20 subsection (a). 

21 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

22 3 days after the date on which the Secretary suspends or 

23 terminates assistance under subsection (a) for a country 

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

25 a country or entity, the Secretary shall submit to the ap26 propriate congressional committees a report that contains 


jbell on DSKDVH8Z91PROD with BILLS
16 

•S 3184 RS

1 the determination of the Secretary under subsection (a) 

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

3 (d) RULE OF CONSTRUCTION.—The authority to sus4 pend or terminate assistance under this section includes 

5 the authority to suspend or terminate obligations and sub6 obligations. 

7 SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL RE8 PORT. 

9 (a) CONGRESSIONAL CONSULTATION PRIOR TO COM10 PACT NEGOTIATIONS.—Not later than 15 days prior to 

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

12 Ambassador— 

13 (1) shall consult with the appropriate congres14 sional committees with respect to the proposed Com15 pact negotiation; and 

16 (2) shall identify the objectives and mechanisms 

17 to be used for the negotiation of the Compact. 

18 (b) CONGRESSIONAL NOTIFICATION AFTER ENTER19 ING INTO A COMPACT.—Not later than 10 days after en20 tering into a Compact with a country, the Ambassador 

21 shall provide notification of the Compact to the appro22 priate congressional committees, including a detailed sum23 mary of the Compact and a copy of the text of the Com24 pact. 

25 (c) ANNUAL REPORT.— 


jbell on DSKDVH8Z91PROD with BILLS
17 

•S 3184 RS

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

2 after the date of the enactment of this Act, and an3 nually thereafter, the President shall transmit to the 

4 appropriate congressional committees a report on 

5 the assistance provided under section 4 during the 

6 prior fiscal year. 

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

8 shall include the following: 

9 (A) The amount of obligations and expend10 itures for assistance provided to each eligible 

11 country during the prior fiscal year. 

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

13 (i) the progress made during each 

14 year by the country toward achieving the 

15 objectives set out in the Compact entered 

16 into by the country; and 

17 (ii) the extent to which assistance pro18 vided under section 4 has been effective in 

19 helping the country to achieve such objec20 tives. 

21 SEC. 9. SENSE OF CONGRESS. 

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

23 to be appropriated for fiscal years 2011 through 2013 for 

24 the Department of State and foreign operations, up to 


jbell on DSKDVH8Z91PROD with BILLS
18 

•S 3184 RS

1 $30,000,000 should be used to carry out the purposes of 

2 this Act. 


jbell on DSKDVH8Z91PROD with BILLS

jbell on DSKDVH8Z91PROD with BILLS
Calendar No. 624 

111TH CONGRESS 

2D SESSION S. 3184 

[Report No. 111–337] 

A BILL 

To provide United States assistance for the purpose 

other purposes. tation of Child Protection Compacts, and for dren in eligible countries through the implemenof eradicating severe forms of trafficking in chilSEPTEMBER 28, 2010 

Reported without amendment 


jbell on DSKDVH8Z91PROD with BILLS