100 
(i) the date on which the child reaches 
the age designated in section 412(d)(2)(B) 
of the Immigration and Nationality Act (8 
U.S.C. 1522(d)(2)(B)); or 
(ii) the date on which the child is 
placed in a permanent adoptive home. 
(B) STATE REIMBURSEMENT.—Subject to 
the availability of appropriations, if State foster 
care funds are expended on behalf of a child 
who is not described in subparagraph (A) and 
has been granted special immigrant status 
under section 101(a)(27)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)(J)), 
the Federal Government shall reimburse the 
State in which the child resides for such ex-
penditures by the State. 
(5) 
STATE
COURTS
ACTING
IN
LOCO 
PARENTIS.—A department or agency of a State, or 
an individual or entity appointed by a State court or 
juvenile court located in the United States, acting in 
loco parentis, shall not be considered a legal guard-
ian for purposes of this section or section 462 of the 
Homeland Security Act of 2002 (6 U.S.C. 279). 
(6) TRANSITION
RULE.—Notwithstanding any 
other provision of law, an alien described in section
101 
101(a)(27)(J) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(27)(J)), as amended by para-
graph (1), may not be denied special immigrant sta-
tus under such section after the date of the enact-
ment of this Act based on age if the alien was a 
child on the date on which the alien applied for such 
status. 
(7) ACCESS
TO
ASYLUM
PROTECTIONS.—Sec-
tion 208 of the Immigration and Nationality Act (8 
U.S.C. 1158) is amended— 
(A) in subsection (a)(2), by adding at the 
end the following: 
‘‘(E) APPLICABILITY.—Subparagraphs (A) 
and (B) shall not apply to an unaccompanied 
alien child (as defined in section 462(g) of the 
Homeland Security Act of 2002 (6 U.S.C. 
279(g))).’’; and 
(B) in subsection (b)(3), by adding at the 
end the following: 
‘‘(C) INITIAL JURISDICTION.—An asylum 
officer (as defined in section 235(b)(1)(E)) 
shall have initial jurisdiction over any asylum 
application filed by an unaccompanied alien 
child (as defined in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g))),
102 
regardless of whether filed in accordance with 
this section or section 235(b).’’. 
(8) SPECIALIZED NEEDS OF UNACCOMPANIED 
ALIEN
CHILDREN.—Applications for asylum and 
other forms of relief from removal in which an unac-
companied alien child is the principal applicant shall 
be governed by regulations which take into account 
the specialized needs of unaccompanied alien chil-
dren and which address both procedural and sub-
stantive aspects of handling unaccompanied alien 
children’s cases. 
(e) TRAINING.—The Secretary of State, the Sec-
retary of Homeland Security, the Secretary of Health and 
Human Services, and the Attorney General shall provide 
specialized training to all Federal personnel, and upon re-
quest, state and local personnel, who have substantive con-
tact with unaccompanied alien children. Such personnel 
shall be trained to work with unaccompanied alien chil-
dren, including identifying children who are victims of se-
vere forms of trafficking in persons, and children for 
whom asylum or special immigrant relief may be appro-
priate, including children described in subsection (a)(2). 
(f) AMENDMENTS
TO
THE HOMELAND SECURITY 
ACT OF 2002.—
103 
(1) ADDITIONAL
RESPONSIBILITIES.—Section 
462(b)(1)(L) of the Homeland Security Act of 2002 
(6 U.S.C. 279(b)(1)(L)) is amended by striking the 
period at the end and inserting ‘‘, including regular 
follow-up visits to such facilities, placements, and 
other entities, to assess the continued suitability of 
such placements.’’. 
(2) TECHNICAL CORRECTIONS.—Section 462(b) 
of such Act (6 U.S.C. 279(b)) is further amended— 
(A) in paragraph (3), by striking ‘‘para-
graph (1)(G),’’ and inserting ‘‘paragraph (1),’’; 
and 
(B) by adding at the end the following: 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2)(B) may be construed to require that 
a bond be posted for an unaccompanied alien child 
who is released to a qualified sponsor.’’. 
(g) 
DEFINITION
OF
UNACCOMPANIED
ALIEN 
CHILD.—For purposes of this section, the term ‘‘unaccom-
panied alien child’’ has the meaning given such term in 
section 462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)). 
(h) EFFECTIVE DATE.—This section— 
(1) shall take effect on the date that is 90 days 
after the date of the enactment of this Act; and
104 
(2) shall also apply to all aliens in the United 
States in pending proceedings before the Depart-
ment of Homeland Security or the Executive Office 
for Immigration Review, or related administrative or 
Federal appeals, on the date of the enactment of 
this Act. 
(i) GRANTS
AND CONTRACTS.—The Secretary of 
Health and Human Services may award grants to, and 
enter into contracts with, voluntary agencies to carry out 
this section and section 462 of the Homeland Security Act 
of 2002 (6 U.S.C. 279). 
SEC. 236. RESTRICTION OF PASSPORTS FOR SEX TOURISM. 
(a) IN GENERAL.—Following any conviction of an in-
dividual for a violation of section 2423 of title 18, United 
States Code, the Attorney General shall notify in a timely 
manner— 
(1) the Secretary of State for appropriate ac-
tion under subsection (b); and 
(2) the Secretary of Homeland Security for ap-
propriate action under the Immigration and Nation-
ality Act. 
(b) AUTHORITY TO RESTRICT PASSPORT.— 
(1) INELIGIBILITY FOR PASSPORT.— 
(A) IN GENERAL.—The Secretary of State 
shall not issue a passport or passport card to
105 
an individual who is convicted of a violation of 
section 2423 of title 18, United States Code, 
during the covered period if the individual used 
a passport or passport card or otherwise 
crossed an international border in committing 
the offense. 
(B) PASSPORT
REVOCATION.—The Sec-
retary of State shall revoke a passport or pass-
port card previously issued to an individual de-
scribed in subparagraph (A). 
(2) EXCEPTIONS.— 
(A) EMERGENCY AND HUMANITARIAN SIT-
UATIONS.—Notwithstanding paragraph (1), the 
Secretary of State may issue a passport or 
passport card, in emergency circumstances or 
for humanitarian reasons, to an individual de-
scribed in paragraph (1)(A). 
(B) LIMITATION FOR RETURN TO UNITED 
STATES.—Notwithstanding paragraph (1), the 
Secretary of State may, prior to revocation, 
limit a previously issued passport or passport 
card only for return travel to the United States, 
or may issue a limited passport or passport 
card that only permits return travel to the 
United States.
106 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘covered period’’ means the 
period beginning on the date on which an indi-
vidual is convicted of a violation of section 2423 
of title 18, United States Code, and ending on 
the later of— 
(i) the date on which the individual is 
released from a sentence of imprisonment 
relating to the offense; and 
(ii) the end of a period of parole or 
other supervised release of the covered in-
dividual relating to the offense; and 
(B) the term ‘‘imprisonment’’ means being 
confined in or otherwise restricted to a jail, 
prison, half-way house, treatment facility, or 
another institution, on a full or part-time basis, 
pursuant to the sentence imposed as the result 
of a criminal conviction. 
SEC. 237. ADDITIONAL REPORTING ON CRIME. 
(a) TRAFFICKING OFFENSE CLASSIFICATION.—The 
Director of the Federal Bureau of Investigation shall— 
(1) classify the offense of human trafficking as 
a Part I crime in the Uniform Crime Reports; 
(2) to the extent feasible, establish subcat-
egories for State sex crimes that involve—
107 
(A) a person who is younger than 18 years 
of age; 
(B) the use of force, fraud or coercion; or 
(C) neither of the elements described in 
subparagraphs (A) and (B); and 
(3) classify the offense of human trafficking as 
a Group A offense for purpose of the National Inci-
dent-Based Reporting System. 
(b) ADDITIONAL INFORMATION.—The Director of the 
Federal Bureau of Investigation shall revise the Uniform 
Crime Reporting System and the National Incident-Based 
Reporting System to distinguish between reports of— 
(1) incidents of assisting or promoting prostitu-
tion, which shall include crimes committed by per-
sons who— 
(A) do not directly engage in commercial 
sex acts; and 
(B) direct, manage, or profit from such 
acts, such as State pimping and pandering 
crimes; 
(2) incidents of purchasing prostitution, which 
shall include crimes committed by persons who pur-
chase or attempt to purchase or trade anything of 
value for commercial sex acts; and
108 
(3) incidents of prostitution, which shall include 
crimes committed by persons providing or attempt-
ing to provide commercial sex acts. 
(c) REPORTS AND STUDIES.— 
(1) REPORTS.—Not later than February 1, 
2010, the Attorney General shall submit to the Com-
mittee on Foreign Affairs and the Committee on the 
Judiciary of the House of Representatives and the 
Committee on Foreign Relations and the Committee 
on the Judiciary of the Senate reports on the fol-
lowing: 
(A) Activities or actions, in fiscal years 
2001 through 2009, by Federal departments 
and agencies to enforce the offenses set forth in 
chapter 117 of title 18, United States Code, in-
cluding information regarding the number of 
prosecutions, the number of convictions, an 
identification of multiple-defendant cases and 
the results thereof, and, for fiscal years 2008 
and 2009, the number of prosecutions, the 
number of convictions, and an identification of 
multiple-defendant case and the results thereof, 
the use of expanded statutes of limitation and 
other tools to prosecute crimes against children
109 
who reached the age of eighteen years since the 
time the crime was committed. 
(B) The interaction, in Federal human 
trafficking prosecutions in fiscal years 2001 
through 2010, of Federal restitution provisions 
with those provisions of law allowing restoration 
and remission of criminally and civilly forfeited 
property, including the distribution of proceeds 
among multiple victims. 
(C) Activities or actions, in fiscal years 
2001 through 2010, to enforce the offenses set 
forth in chapters 95 and 96 of title 18, United 
States Code, in cases involving human traf-
ficking, sex trafficking, or prostitution offenses. 
(D) Activities or actions, in fiscal years 
2008 and 2009, by Federal departments and 
agencies to enforce the offenses set forth in the 
Act of August 15, 1935 (49 Stat. 651; D.C. 
Code 22–2701 et seq.) (relating to prostitution 
and pandering), including information regard-
ing the number of prosecutions, the number of 
convictions, and an identification of multiple-de-
fendant cases and the results thereof.
110 
(2) STUDIES.—Subject to availability of appro-
priations, the head of the National Institute of Jus-
tice shall conduct— 
(A) a comprehensive study to examine the 
use of Internet-based businesses and services by 
criminal actors in the sex industry, and to dis-
seminate best practices for investigation and 
prosecution of trafficking and prostitution of-
fenses involving the Internet; and 
(B) a comprehensive study to examine the 
application of State human trafficking statutes, 
including such statutes based on the model law 
developed by the Department of Justice, cases 
prosecuted thereunder, and the impact, if any, 
on enforcement of other State criminal statutes. 
(3) 
STUDIES
PREVIOUSLY
REQUIRED
BY 
LAW.—Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall re-
port to the Committee on Foreign Affairs and the 
Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Foreign Rela-
tions and the Committee on the Judiciary of the 
Senate on the status of the studies required by para-
graph (B)(i) and (ii) of section 201(a)(1) of the 
Trafficking Victims Protection Reauthorization Act
111 
of 2005 (42 U.S.C. 14044(a)(1)) and indicate the 
projected date when such studies will be completed. 
SEC. 238. PROCESSING OF CERTAIN VISAS. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Foreign Affairs 
and the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on Foreign Relations and 
the Committee on the Judiciary of the Senate a report 
on the operations of the specially-trained Violence Against 
Women Act Unit at the Citizenship and Immigration Serv-
ice’s Vermont Service Center. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following elements: 
(1) Detailed information about the funds ex-
pended to support the work of the Violence Against 
Women Act Unit at the Vermont Service Center. 
(2) A description of training for adjudicators, 
victim witness liaison officers, managers, and others 
working in the Violence Against Women Act Unit, 
including general training and training on confiden-
tiality issues. 
(3) Measures taken to ensure the retention of 
specially-trained staff within the Violence Against 
Women Act Unit.
112 
(4) Measures taken to ensure the creation and 
retention of a core of supervisory staff within the Vi-
olence Against Women Act Unit and the Vermont 
Service Center with responsibility over resource allo-
cation, policy, program development, training and 
other substantive or operational issues affecting the 
Unit, who have historical knowledge and experience 
with the Trafficking Victims Protection Act of 2000, 
the Violence Against Women Act of 1994, Violence 
Against Women Act of 1994 confidentiality, and the 
specialized policies and procedures of the Depart-
ment of Homeland Security and its predecessor 
agencies in such cases. 
(5) Measures taken to ensure routine consulta-
tion between the Violence Against Women Act Unit, 
U.S. Citizenship and Immigration Services Head-
quarters, and the Office of Policy and Strategy dur-
ing the development of any Department of Home-
land Security regulations or policies that impact Vio-
lence Against Women Act of 1994 confidentiality- 
protected victims and their derivative family mem-
bers. 
(6) Information on any circumstances in which 
victim-based immigration applications have been ad-
judicated by entities other than the Violence Against
113 
Women Act Unit at the Vermont Service Center, in-
cluding reasons for such action and what steps, if 
any, were taken to ensure that such applications 
were handled by trained personnel and what steps 
were taken to comply with the confidentiality provi-
sions of the Violence Against Women Act of 1994. 
(7) Information on the time in which it takes 
to adjudicate victim-based immigration applications, 
including the issuance of visas, work authorization 
and deferred action in a timely manner consistent 
with the safe and competent processing of such ap-
plications, and steps taken to improve in this area. 
SEC. 239. TEMPORARY INCREASE IN FEE FOR CERTAIN 
CONSULAR SERVICES. 
(a) INCREASE IN FEE.—Notwithstanding any other 
provision of law, not later than October 1, 2009, the Sec-
retary of State shall increase by $1 the fee or surcharge 
assessed under section 140(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103–236; 8 U.S.C. 1351 note) for processing ma-
chine-readable nonimmigrant visas and machine-readable 
combined border crossing identification cards and non-
immigrant visas. 
(b) DEPOSIT OF AMOUNTS.—Notwithstanding sec-
tion 140(a)(2) of the Foreign Relations Authorization Act,
114 
Fiscal Years 1994 and 1995 (Public Law 103–236; 8 
U.S.C. 1351 note), the additional amount collected pursu-
ant the fee increase under subsection (a) shall be deposited 
in the Treasury. 
(c) DURATION OF INCREASE.—The fee increase au-
thorized under subsection (a) shall terminate on the date 
that is 3 years after the first date on which such increased 
fee is collected. 
TITLE III—AUTHORIZATIONS OF 
APPROPRIATIONS 
SEC. 301. TRAFFICKING VICTIMS PROTECTION ACT OF 2000. 
Section 113 of the Trafficking Victims Protection Act 
of 2000, as amended by section 213(a)(2), is amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘section 104, and’’; 
and 
(ii) by striking ‘‘$1,500,000’’ and all 
that follows through ‘‘$5,500,000 for each 
of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$5,500,000 for each of the fiscal 
years 2008 through 2011’’; and 
(B) in the second sentence— 
(i) by striking ‘‘for official reception 
and representation expenses $3,000’’ and
115 
inserting ‘‘$1,500,000 for additional per-
sonnel for each of the fiscal years 2008 
through 2011, and $3,000 for official re-
ception and representation expenses’’; and 
(ii) by striking ‘‘2006 and 2007’’ and 
inserting ‘‘2008 through 2011’’; 
(2) 
in 
subsection 
(b)(1), 
by 
striking 
‘‘$5,000,000’’ and all that follows and inserting 
‘‘$12,500,000 for each of the fiscal years 2008 
through 2011’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘2004, 2005, 2006, 
and 2007’’ each place it appears and in-
serting ‘‘2008 through 2011’’; and 
(ii) in subparagraph (B), by adding at 
the end the following: ‘‘To carry out the 
purposes of section 107(a)(1)(F), there are 
authorized to be appropriated to the Sec-
retary of State $1,000,000 for each of the 
fiscal years 2008 through 2011.’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as redesignated—
116 
(i) by striking ‘‘section 104’’ and in-
serting ‘‘sections 116(f) and 502B(h) of 
the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(f) and 2304(h))’’; and 
(ii) by striking ‘‘, including the prepa-
ration’’ and all that follows and inserting 
a period; 
(4) in subsection (d)— 
(A) in the first sentence, by striking 
‘‘$5,000,000’’ and all that follows through 
‘‘2007’’ and inserting ‘‘$10,000,000 for each of 
the fiscal years 2008 through 2011’’; and 
(B) in the second sentence, by striking 
‘‘2004, 2005, 2006, and 2007’’ and inserting 
‘‘2008 through 2011’’; 
(5) in subsection (e)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$5,000,000’’ and all that follows and inserting 
‘‘$15,000,000 for each of the fiscal years 2008 
through 2011.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘section 109’’ and in-
serting ‘‘section 134 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2152d)’’; and
117 
(ii) by striking ‘‘$5,000,000’’ and all 
that follows and inserting ‘‘$15,000,000 
for each of the fiscal years 2008 through 
2011.’’; and 
(C) 
in 
paragraph 
(3), 
by 
striking 
‘‘$300,000’’ and all that follows and inserting 
‘‘$2,000,000 for each of the fiscal years 2008 
through 2011.’’; 
(6) in subsection (f), by striking ‘‘$5,000,000’’ 
and all that follows and inserting ‘‘$10,000,000 for 
each of the fiscal years 2008 through 2011.’’; 
(7) in subsection (h), by striking ‘‘fiscal year 
2006’’ and inserting ‘‘each of the fiscal years 2008 
through 2011’’; and 
(8) in subsection (i), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’. 
SEC. 302. TRAFFICKING VICTIMS PROTECTION REAUTHOR-
IZATION ACT OF 2005. 
The Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109–164) is amended— 
(1) in section 102(b)(7), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’; 
(2) in section 201(c)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$2,500,000 for each of the fiscal years 2006
118 
and 2007’’ each place it appears and inserting 
‘‘$1,500,000 for each of the fiscal years 2008 
through 2011’’; and 
(B) in paragraph (2), by striking ‘‘2006 
and 2007’’ and inserting ‘‘2008 through 2011’’; 
(3) in section 202(d), by striking ‘‘$10,000,000 
for each of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$8,000,000 for each of the fiscal years 
2008 through 2011’’; 
(4) in section 203(g), by striking ‘‘2006 and 
2007’’ and inserting ‘‘2008 through 2011’’; and 
(5) in section 204(d), by striking ‘‘$25,000,000 
for each of the fiscal years 2006 and 2007’’ and in-
serting ‘‘$20,000,000 for each of the fiscal years 
2008 through 2011’’. 
SEC. 303. RULE OF CONSTRUCTION. 
The amendments made by sections 301 and 302 may 
not be construed to affect the availability of funds appro-
priated pursuant to the authorizations of appropriations 
under the Trafficking Victims Protection Act of 2000 (di-
vision A of Public Law 106–386; 22 U.S.C. 7101 et seq.) 
and the Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109–164) before the date of the 
enactment of this Act.
119 
SEC. 304. TECHNICAL AMENDMENTS. 
(a) TRAFFICKING VICTIMS PROTECTION ACT
OF 
2000.—Sections 103(1) and 105(d)(7) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102(1) and 
7103(d)(7)) are each amended by striking ‘‘Committee on 
International Relations’’ each place it appears and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(b) TRAFFICKING VICTIMS PROTECTION REAUTHOR-
IZATION ACT
OF 2005.—Section 102(b)(6) and sub-
sections (c)(2)(B)(i) and (e)(2) of section 104 of the Traf-
ficking Victims Protection Reauthorization Act of 2005 
(Public Law 109–164) are amended by striking ‘‘Com-
mittee on International Relations’’ each place it appears 
and inserting ‘‘Committee on Foreign Affairs’’. 
TITLE IV—CHILD SOLDIERS 
PREVENTION 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Child Soldiers Preven-
tion Act of 2008’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations of 
the Senate;
120 
(B) the Committee on Appropriations of 
the Senate; 
(C) the Committee on Foreign Affairs of 
the House of Representatives; and 
(D) the Committee on Appropriations of 
the House of Representatives. 
(2) CHILD SOLDIER.—Consistent with the pro-
visions of the Optional Protocol to the Convention of 
the Rights of the Child, the term ‘‘child soldier’’— 
(A) means— 
(i) any person under 18 years of age 
who takes a direct part in hostilities as a 
member of governmental armed forces; 
(ii) any person under 18 years of age 
who has been compulsorily recruited into 
governmental armed forces; 
(iii) any person under 15 years of age 
who has been voluntarily recruited into 
governmental armed forces; or 
(iv) any person under 18 years of age 
who has been recruited or used in hos-
tilities by armed forces distinct from the 
armed forces of a state; and 
(B) includes any person described in 
clauses (ii), (iii), or (iv) of subparagraph (A)
121 
who is serving in any capacity, including in a 
support role such as a cook, porter, messenger, 
medic, guard, or sex slave. 
SEC. 403. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States Government should con-
demn the conscription, forced recruitment, or use of 
children by governments, paramilitaries, or other or-
ganizations; 
(2) the United States Government should sup-
port and, to the extent practicable, lead efforts to es-
tablish and uphold international standards designed 
to end the abuse of human rights described in para-
graph (1); 
(3) the United States Government should ex-
pand ongoing services to rehabilitate recovered child 
soldiers and to reintegrate such children back into 
their respective communities by— 
(A) offering ongoing psychological services 
to help such children— 
(i) to recover from the trauma suf-
fered during their forced military involve-
ment; 
(ii) to relearn how to interact with 
others in nonviolent ways so that such chil-
122 
dren are no longer a danger to their re-
spective communities; and 
(iii) by taking into consideration the 
needs of girl soldiers, who may be at risk 
of exclusion from disarmament, demobiliza-
tion, and reintegration programs; 
(B) facilitating reconciliation with such 
communities through negotiations with tradi-
tional leaders and elders to enable recovered 
abductees to resume normal lives in such com-
munities; and 
(C) providing educational and vocational 
assistance; 
(4) the United States should work with the 
international community, including, as appropriate, 
third country governments, nongovernmental organi-
zations, faith-based organizations, United Nations 
agencies, local governments, labor unions, and pri-
vate enterprises— 
(A) to bring to justice rebel and para-
military forces that kidnap children for use as 
child soldiers; 
(B) to recover those children who have 
been abducted; and
124 
ment, United States diplomatic missions should give 
serious consideration to those programs and can-
didates that are expected to promote the end to the 
abuse of human rights described in this section. 
SEC. 404. PROHIBITION. 
(a) IN GENERAL.—Subject to subsections (b), (c), 
and (d), the authorities contained in section 516 or 541 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j 
or 2347) or section 23 of the Arms Export Control Act 
(22 U.S.C. 2763) may not be used to provide assistance 
to, and no licenses for direct commercial sales of military 
equipment may be issued to, the government of a country 
that is clearly identified, pursuant to subsection (b), for 
the most recent year preceding the fiscal year in which 
the authorities or license would have been used or issued 
in the absence of a violation of this title, as having govern-
mental armed forces or government-supported armed 
groups, including paramilitaries, militias, or civil defense 
forces, that recruit and use child soldiers. 
(b) IDENTIFICATION AND NOTIFICATION TO COUN-
TRIES IN VIOLATION OF STANDARDS.— 
(1) PUBLICATION OF LIST OF FOREIGN GOV-
ERNMENTS.—The Secretary of State shall include a 
list of the foreign governments that have violated the 
standards under this title and are subject to the pro-
125 
hibition in subsection (a) in the report required 
under section 110(b) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7107(b)). 
(2) NOTIFICATION OF FOREIGN COUNTRIES.— 
The Secretary of State shall formally notify any gov-
ernment identified pursuant to subsection (a). 
(c) NATIONAL INTEREST WAIVER.— 
(1) WAIVER.—The President may waive the ap-
plication to a country of the prohibition in sub-
section (a) if the President determines that such 
waiver is in the national interest of the United 
States. 
(2) PUBLICATION
AND
NOTIFICATION.—Not 
later than 45 days after each waiver is granted 
under paragraph (1), the President shall notify the 
appropriate congressional committees of the waiver 
and the justification for granting such waiver. 
(d) REINSTATEMENT OF ASSISTANCE.—The Presi-
dent may provide to a country assistance otherwise prohib-
ited under subsection (a) upon certifying to the appro-
priate congressional committees that the government of 
such country— 
(1) has implemented measures that include an 
action plan and actual steps to come into compliance 
with the standards outlined in section 404(b); and
126 
(2) has implemented policies and mechanisms 
to prohibit and prevent future government or gov-
ernment-supported use of child soldiers and to en-
sure that no children are recruited, conscripted, or 
otherwise compelled to serve as child soldiers. 
(e) EXCEPTION FOR PROGRAMS DIRECTLY RELATED 
TO ADDRESSING THE PROBLEM OF CHILD SOLDIERS OR 
PROFESSIONALIZATION OF THE MILITARY.— 
(1) IN GENERAL.—The President may provide 
assistance to a country for international military 
education, training, and nonlethal supplies (as de-
fined in section 2557(d)(1)(B) of title 10, United 
States Code) otherwise prohibited under subsection 
(a) upon certifying to the appropriate congressional 
committees that— 
(A) the government of such country is tak-
ing reasonable steps to implement effective 
measures to demobilize child soldiers in its 
forces 
or 
in 
government-supported 
paramilitaries and is taking reasonable steps 
within the context of its national resources to 
provide demobilization, rehabilitation, and re-
integration assistance to those former child sol-
diers; and
127 
(B) the assistance provided by the United 
States Government to the government of such 
country will go to programs that will directly 
support professionalization of the military. 
(2) LIMITATION.—The exception under para-
graph (1) may not remain in effect for a country for 
more than 5 years. 
SEC. 405. REPORTS. 
(a) INVESTIGATION
OF ALLEGATIONS REGARDING 
CHILD SOLDIERS.—United States missions abroad shall 
thoroughly investigate reports of the use of child soldiers. 
(b) INFORMATION FOR ANNUAL HUMAN RIGHTS RE-
PORTS.—In preparing those portions of the annual 
Human Rights Report that relate to child soldiers under 
sections 116 and 502B of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151n(f) and 2304(h)), the Secretary of 
State shall ensure that such reports include a description 
of the use of child soldiers in each foreign country, includ-
ing— 
(1) trends toward improvement in such country 
of the status of child soldiers or the continued or in-
creased tolerance of such practices; and 
(2) the role of the government of such country 
in engaging in or tolerating the use of child soldiers.
128 
(c) ANNUAL REPORT TO CONGRESS.—If, during any 
of the 5 years following the date of the enactment of this 
Act, a country is notified pursuant to section 404(b)(2), 
or a wavier is granted pursuant to section 404(c)(1), the 
President shall submit a report to the appropriate con-
gressional committees not later than June 15 of the fol-
lowing year. The report shall include— 
(1) a list of the countries receiving notification 
that they are in violation of the standards under this 
title; 
(2) a list of any waivers or exceptions exercised 
under this title; 
(3) justification for any such waivers and excep-
tions; and 
(4) a description of any assistance provided 
under this title pursuant to the issuance of such 
waiver. 
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS. 
Section 708 of the Foreign Service Act of 1980 (22 
U.S.C. 4028) is amended by adding at the end the fol-
lowing: 
‘‘(c) The Secretary of State, with the assistance of 
other relevant officials, shall establish as part of the stand-
ard training provided for chiefs of mission, deputy chiefs 
of mission, and other officers of the Service who are or
129 
will be involved in the assessment of child soldier use or 
the drafting of the annual Human Rights Report instruc-
tion on matters related to child soldiers, and the substance 
of the Child Soldiers Prevention Act of 2008.’’. 
SEC. 407. EFFECTIVE DATE; APPLICABILITY. 
This title, and the amendments made by this title, 
shall take effect 180 days after the date of the enactment 
of this Act. 
Passed the House of Representatives December 10, 
2008. 
Attest: 
Clerk.