text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as ``Child Protection Compact Act of 2011''.
  
  SEC. 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.
  
  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 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.
  
  SEC. 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.
  
  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, 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.
  
  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.
  
  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 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.
  
  SEC. 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.
target: Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance (grants, cooperative agreements, or contracts) for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children.
feat_title: 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.