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S. 185 (112th): Child Protection Compact Act of 2011

The text of the bill below is as of Jan 25, 2011 (Introduced).

Source: GPO

II

112th CONGRESS

1st Session

S. 185

IN THE SENATE OF THE UNITED STATES

January 25 (legislative day, January 5), 2011

(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.

Short title

This Act may be cited as Child Protection Compact Act of 2011.

2.

Findings and Purposes

(a)

Findings

Congress makes the following findings:

(1)

The use of children for commercial sexual exploitation is a global phenomenon. Human trafficking affects millions of children worldwide.

(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 placed 132 countries, out of 175 countries ranked, on Tier 2 or Tier 2 Watch List in its 2010 Trafficking in Persons report.

(4)

As a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (the Palermo Protocol), the United States has pledged to establish policies and programs to prevent and combat trafficking in persons and to protect victims of trafficking from revictimization and to share information, as appropriate, with law enforcement, immigration and other relevant authorities of other states parties with a view to combating trafficking in persons.

(b)

Declaration of purpose

The purpose of this Act is to provide incentives to Tier 2 countries and Tier 2 Watch List countries to protect and rescue children subjected to severe forms of trafficking in persons through 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 perpetrators 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.

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 rehabilitate 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 2 countries and Tier 2 Watch List countries

The terms Tier 2 countries and Tier 2 Watch List countries mean those countries that the Secretary of State has listed pursuant to section 110(b)(1)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries to which the minimum standards set forth in section 108 of that Act are applicable and whose governments do not fully comply with such standards but are making significant efforts to do so.

4.

Authorization of Assistance

(a)

Assistance

Subject to subsection (b), the Secretary 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.

(b)

Avoidance of duplication of efforts

To avoid duplication of efforts, the Secretary shall exercise the authority of subsection (a) only in coordination with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of Labor.

(c)

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 (d). Assistance under this section may not be provided in the form of loans.

(d)

Eligible entities

An eligible entity referred to in subsection (c) 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.

(e)

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.

(f)

Annual disbursements

Disbursements shall be made to the eligible entities on an annual basis pursuant to the terms of the respective Compacts.

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, and the relevant offices at the Department of Justice and the United States Agency for International Development, 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 2 country or Tier 2 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 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.

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.

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.

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 Secretary—

(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 entry into force of a Compact with a country, the Secretary 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 for the next 5 years, 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.

9.

Sense of Congress

It is the sense of Congress that, of the total amounts to be appropriated for fiscal years 2012 through 2014 for the Department of State and foreign operations, up to $30,000,000 should be used to carry out the purposes of this Act.