[Congressional Record Volume 154, Number 85 (Thursday, May 22, 2008)]
[Senate]
[Pages S4797-S4801]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Ms. Snowe):
  S. 3059. A bill to permit commercial trucks to use certain highways 
of the Interstate System to provide significant savings in the 
transportation of goods throughout the United States, and for other 
purposes; to the Committee on Environment and Public Works.
  Ms. COLLINS. Mr. President, I rise today to introduce the Commercial 
Truck Fuel Savings Demonstration Act of 2008, which would help address 
the growing crisis of energy costs for our Nation's trucking industry.
  Our Nation faces record high energy prices, affecting almost every 
aspect of daily life. The rapidly growing price of diesel is putting an 
increasing strain on our trucking industry. The U.S. average on diesel 
prices reached $3.50 a gallon in February 2008 and prices have not gone 
below this amount since that time. The average price of diesel this 
week is $4.50. Escalating fuel costs are especially devastating in 
states where the cost of diesel fuel is exacerbated by Federal weight 
limit restrictions that prohibit trucks that carry more than 80,000 
pounds from traveling on the Federal interstate system.
  For example, under current law, trucks weighing 100,000 pounds are 
allowed to travel on the portion of Interstate 95 designated as the 
Maine Turnpike, which runs from Maine's border with New Hampshire to 
Augusta, our capital city. At Augusta, the State Turnpike designation 
ends, but I-95 proceeds another 200 miles north to Houlton. At Augusta, 
however, heavy trucks must exit the modern four-lane, limited-access 
highway and are forced

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onto smaller, two-lane secondary roads that pass through cities, towns, 
and villages.
  The Commercial Truck Fuel Savings Demonstration Act of 2008, which I 
am introducing today, will provide immediate savings to our truckers. 
My bill creates a 2-year year pilot program that would permit trucks 
carrying up to 100,000 pounds to travel on the Federal interstate 
system whenever diesel prices are at or above $3.50 a gallon. This 
legislation does not mandate that each state participate in the pilot 
program, but gives each state the opportunity, during this time of high 
fuel costs, to offer relief to their trucking industries.
  Permitting trucks to carry up to 100,000 pounds on Federal highways 
would lessen the fuel cost burden on truckers in three ways: First, 
raising the weight limit would allow trucking companies to put more 
cargo in each truck, thereby reducing the numbers of trucks needed to 
transport goods: Second, trucks carrying up to 100,000 pounds would no 
longer need to move off the main Federal highways where trucks are 
limited at 80,000 pounds and take less direct routes on local roads 
requiring considerably more diesel fuel and extended periods of idling 
during each trip; and third, trucks traveling on the interstate system 
would save on fuel costs due to the much superior road design of the 
interstate system as compared to the rural and urban state road 
systems.
  I recently met with Kurt Babineau, a small business owner and second 
generation logger and trucker from my State who has been struggling 
with the increasing costs of running his operation. Mr. Babineau's 
operation works just east of central Maine on the outskirts of the town 
of Mattawamkeag. All of the pulpwood his business produces, which is 
roughly 50 percent of his total harvest, is transported to Verso Paper, 
which is located in the southwestern part of the State, in the town of 
Jay. The distance his trucks must travel is 165 miles and a round trip 
takes approximately 8 hours to complete.
  If Mr. Babineau's trucks were permitted to use Interstate 95, this 
would reduce the distance his trucks must travel to approximately 100 
miles and would shave one hour off the time it takes his trucks to make 
their delivery to Verso Paper, saving his operation both time and fuel.
  The results of less fuel consumption from decreased distance traveled 
would create significant savings for Mr. Babineau's operation. His 
trucks average 4 miles to the gallon, which calculates to approximately 
11.8 gallons an hour. Permitting trucks to travel on Interstate 95 
would save Mr. Babineau 118 gallons of fuel each week. The current cost 
of diesel fuel in his area is approximately $4.42 per gallon, and 
therefore, combined with time saved on wages for drivers, his savings 
would estimate to nearly $697 a week.
  If you applied this savings to one year of trucking for Mr. 
Babineau's company alone, it would save his operation over $33,400 a 
year and 5,664 gallons of fuel over the same period. These savings are 
not only beneficial to Mr. Babineau's business, his employees, and the 
consumer, but also to our Nation, as we look for ways to decrease on 
our overall fuel consumption.
  Trucking is the cornerstone of our economy as most of our goods are 
transported by trucks at some point in the supply chain. Some 
independent truckers in my state already have been forced out of 
business due to rising fuel costs and more businesses are facing a 
similar fate if Congress does not act soon to address our growing 
energy crisis. The Commercial Truck Fuel Savings Demonstration Act 
offers an immediate and cost effective way to help our Nation's 
struggling trucking industry. I am pleased that Senator Snowe has 
joined me as an original cosponsor of the bill, and I urge all my 
colleagues to support this important legislation.
  Ms. SNOWE. Mr. President, I rise today to commend my colleague from 
Maine, Senator Collins, in introducing legislation critical to 
rectifying not only a serious impediment to the movement of 
international commerce, but more importantly, will improve safety on 
our secondary roads and sustain a commercial trucking industry 
suffering from an astonishing rise in diesel prices.
  There are some of our colleagues who believe that expanding upon the 
current Federal truck weight limitation of 80,000 pounds is dangerous, 
compromising the safety of passenger vehicles driver who may be faced 
with a truck weighing as much as 143,000 pounds, the limit on 
Interstates in Massachusetts and New York. I certainly concur that 
safety of such drivers is very important, and I have the record to back 
that up. Yet, in some areas the imposition of this outdated patchwork 
of weight limits puts the safety of pedestrians and the motor carrier 
operators themselves at risk.
  Take the situation we face in Maine, where we currently have a 
limited exemption along the southern portion of the Maine turnpike. 
Many trucks traveling to or from the Canadian border or into upstate 
Maine are not able to travel on our Interstates as a result of the 
80,000 pound weight limit. This forces many of them onto secondary 
roads, many of which are two-lane roads running through small towns and 
villages in Maine. Tanker trucks carrying fuel teeter past elementary 
schools, libraries, and weaving through traffic to reach locations like 
our Air National Guard station. Not only is that an inefficient method 
of bringing necessary fuel to Guardsmen that provide our national 
security, but imagine if you will one of those tanker trucks rupturing 
on Main Street, potentially causing serious damage to property, causing 
traffic chaos, and most importantly, killing or injuring drivers and 
pedestrians.
  This is not a far-fetched scenario. In fact, two pedestrians were 
killed last year in Maine as a result of overweight trucks on local 
roadways, one tragic instance occurring within sight of the nearby 
Interstate. So I ask you, is the so-called safety argument truly a 
legitimate reason for opposition as my constituents and many others 
across small American communities are taking their lives in their hands 
when merely crossing Main Street?
  As laid out in this legislation, it is obvious Senator Collins has a 
clear understanding of this safety issue, crafting a strategy that 
quantifies any potential risks to safety, and places the gathering of 
that data in the hands of the nonpartisan Government Accountability 
Office. It is my expectation that, like earlier studies that have 
indicated traffic fatalities involving trucks weighing 100,000 pounds 
are ten times greater on secondary roads than on exempted Interstates, 
the data collected by the GAO will point the way to a permanent 
solution that will enable America to harmonize the myriad weight limits 
across our Nation's highways.
  This legislation also exhibits a true sensitivity to one of the 
greatest problems facing the domestic trucking industry, particularly 
our smaller operators: the cost of fuel. This is a problem that cannot 
be ignored. The price of diesel nationally as I make this statement is 
four dollars and 49 cents. One year ago today, it was two dollars and 
82 cents! We must act.
  As a result of this legislation, motor carriers will be able to 
expand their ability to carry loads when the price of diesel surpasses 
three dollars and fifty cents per gallon. While this will only affect 
some states that face a federal interstate system without a weight 
exemption, it will greatly facilitate the movement of goods across this 
country. Given that volume of goods projected to enter this country is 
forecast to increase by over 100 percent, we need a forward-thinking, 
intermodal plan in place. Having a greater synergy in terms of our 
weight limits will not only assist our Nation's struggling trucking 
industry, but will simplify the flow of goods moving across our country 
and augment our Nation's economy.
  I would like to thank Senator Collins for her steadfast efforts and 
innovative thinking on this legislation as, side-by-side, we will 
continue to seek a resolution to this issue, which, to my eyes, is a 
simple matter of fairness.
                                 F_____
                                 
      By Mr. BIDEN (for himself and Mr. Brownback):
  S. 3061. A bill to authorize appropriations for fiscal years 2008 
through 2011 for the Trafficking Victims Protection Act of 2000, to 
enhance measures to combat trafficking in persons, and for other 
purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the William 
Wilberforce Trafficking Victims Protection

[[Page S4799]]

Reauthorization Act of 2008. The Trafficking Victims Protection Act was 
authored 8 years ago by Senator Brownback and the late Senator 
Wellstone, and since then, through two re-authorizations, has been a 
tremendous asset in preventing and prosecuting human trafficking 
crimes. Today, I am honored to be able to introduce legislation to 
reauthorize these valuable programs with my distinguished colleague, 
Senator Brownback.
  Human trafficking is a major problem worldwide and the challenges 
remain great. According to the most recent State Department report, 
roughly 800,000 individuals are trafficked each year, the overwhelming 
majority of them women and children. The FBI estimates approximately 
$9.5 billion is generated annually for organized crime from trafficking 
in persons. The International Labor Organization estimates that, at 
present, 2.4 million persons have been trafficked into situations of 
forced labor.
  These victims are trafficked in a variety of ways. Sometimes they are 
kidnapped outright, but many times they are lured with dubious job 
offers, or false marriage opportunities. The traffickers capitalize on 
the victims' desire to seek a better life, and trap them with lifetime 
debt bondages that degrade and destroy their lives.
  Since 2000, the Trafficking Victims Protection Act has provided us 
effective tools, and in this reauthorization, our aim is to take the 
successes and lessons of eight years of progress and expand our 
abilities to combat human trafficking. In Title I, the legislation 
focuses on combating human trafficking internationally by broadening 
the U.S. interagency task force charged with monitoring and combating 
trafficking, and increasing the authority to the State Department 
Office to Monitor and Combat Trafficking. Because of the difficulty in 
accurately understanding the full scope of the problem globally, we 
also include provisions to coordinate our multiple federal databases, 
and set a reporting requirement to address forced labor and child 
labor.
  Today's reauthorization bill also expands our ability to combat 
trafficking in the United States. We've provided for certain 
improvements to the T-visa program, which protects trafficking victims 
and their families from retaliation, so that we can have their help in 
bringing traffickers to justice, without the victim fearing harm to 
themselves or their loved ones. We also expand authority for U.S. 
Government programs to help those who have been trafficked, and require 
a study to outline any additional gaps in assistance that may exist. 
Finally, we establish some powerful new legal tools, including 
increasing the jurisdiction of the courts, enhancing penalties for 
trafficking offenses, punishing those who profit from trafficked labor 
and ensuring restitution of forfeited assets to victims.
  Human trafficking is a daunting and critical global issue. I urge my 
colleagues to support this reauthorization and work with Senator 
Brownback and me to pass it in the Senate as quickly as possible.
  Mr. President, I ask unanimous consent that a section-by-section 
summary of the bill be printed in the Record.

William Wilberforce Trafficking Victims Protection Reauthorization Act 
                                of 2008


                     Section-by-Section Description

     Section 1. Short title; table of contents

        TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS

     Section 101. Interagency task force to monitor and combat 
         trafficking
       Section 101 adds the Secretary of Education to the existing 
     interagency task force to monitor and combat trafficking.
     Section 102. Office to monitor and combat trafficking
       Section 102 provides for several amendments to Section 
     105(b) of the Trafficking Victims Protection Act (TVPA) 
     related to the State Department's Office to Monitor and 
     Combat Trafficking (the TIP Office) including mandating the 
     office, conferring additional responsibility to the Director 
     to work on public-private partnerships to combat trafficking 
     and providing that the Director of the office have the 
     ability to review and concur in State Department anti-
     trafficking programs that are not managed by the Office to 
     Monitor and Combat Trafficking (TIP Office).
     Section 103. Assistance for victims of trafficking in other 
         countries
       Section 103 amends section 107(a) of the TVPA, including 
     ensuring that programs take into account the transnational 
     aspects of trafficking, support increased protection for 
     refugees, internally displaced persons and trafficked 
     children and emphasize cooperative, regional efforts.
     Section 104. Increasing effectiveness of anti-trafficking 
         programs
       Section 104 creates a new section to the TVPA to increase 
     the effectiveness of anti-trafficking programs by providing 
     that solicitation of grants be made publicly available and 
     awarded by a transparent process with a review panel of 
     Federal and private sector experts, when appropriate. The 
     provision provides a mandated evaluation system for anti-
     trafficking programs on a program-by-program basis. It 
     requires that priorities and country assessments contained in 
     the most recent annual Report on Human Trafficking shall 
     guide grant priorities. It provides that not more than 5 
     percent of the appropriations may be used for evaluations of 
     specific programs or for evaluations of emerging problems or 
     trends in the field of human trafficking.
     Section 105. Minimum standards for the elimination of 
         trafficking
       Section 105 amends section 108(b) of the TVPA by clarifying 
     that in evaluating whether a country's anti-trafficking 
     efforts convictions of principal actors that result in 
     suspended or significantly reduced sentences shall be 
     considered on a case-by-case basis.
     Section 106. Actions against governments failing to meet 
         minimum standards
       Section 106 amends Section 110 of the TVPA by providing 
     that if a country has been on the special watch list for 
     three consecutive years, such country shall be deemed to be 
     not making significant efforts to combat trafficking and 
     shall be included in the list of countries described in 
     paragraph (1)(C). The subsection includes a Presidential 
     waiver for up to one year if it would promote the purposes of 
     the act or is in the national interest of the United States.
     Section 107. Research on domestic and international 
         trafficking in persons
       Section 107 amends section 112A of the TVPA by requiring 
     the establishment and maintenance of an integrated database 
     within the Human Smuggling and Trafficking Center, details 
     the purposes of the database, and authorizes $3 million 
     annually to the Human Smuggling and Trafficking Center to 
     carry out these activities.
     Section 108. Presidential award for extraordinary efforts to 
         combat trafficking in persons
       Section 108 authorizes the President to establish a ``Paul 
     D. Wellstone Presidential Award for Extraordinary Efforts to 
     Combat Trafficking in Persons'' for persons who provided 
     extraordinary service in efforts to combat trafficking in 
     persons.
     Section 109. Report on activities of the department of labor 
         to monitor and combat forced labor and child labor
       Section 109 requires that the Secretary of Labor provide a 
     final report that describes the implementation of section 105 
     of the TVPRA of 2005, including a list of imported goods made 
     with forced and/or child labor.

    TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES

 Subtitle A--Ensuring Availability of Possible Witnesses and Informants

     Section 201. Protecting trafficking victims against 
         retaliation
       Subsection (a) of Section 201 amends section 101(1)(15)(T) 
     of the Immigration and Nationality Act (INA) to provide for 
     certain changes to the T visa for trafficking victims. 
     Paragraph (1) allows persons who are brought into the 
     country,for investigations or as witnesses to apply for such 
     a visa. It also allows a T visa for persons who are not able 
     to assist law enforcement because of the physical or 
     psychological trauma; it also clarifies the existing language 
     in the T Visa authorization and eliminates the ``unusual and 
     severe harm'' standard.
       Paragraph (2) allows parents and siblings who are in danger 
     of retaliation to join the trafficking victims safely in the 
     United States. Subsection (b) modifies certain requirements 
     of the T Visa contained in section 214(o) of the INA, 
     including allowing 2 the extension of time for a T Visa in 
     exceptional circumstances and providing that the Secretary 
     of Homeland Security may look at certain security and 
     other conditions in the applicant's home country in making 
     the determination that extreme hardship exists.
       Subsection (d) provides for certain changes to section 
     245(1) of the INA relating to adjustment of status of T visa 
     holders, including providing that the Secretary of Homeland 
     Security may waive the restriction on disqualification for 
     good moral character for T visa holders applying for 
     permanent residence alien status if the actions that would 
     have led to the disqualification are caused by or incident to 
     the trafficking.
     Section 202. Information for work-based non-immigrants on 
         legal rights and resources
       Section 202 requires the Secretary of Homeland Security to 
     create an information pamphlet for work-based non-immigrant 
     visa applications. The pamphlet will detail the illegality of 
     human trafficking and reiterate worker rights and information 
     for related services.
     Section 203. Domestic worker protections
       Section 203 sets forth new protections for trafficked 
     domestic household workers and preventative measures to be 
     followed by the State Department. Subsection (b) states that

[[Page S4800]]

     the Secretary of State shall develop an information pamphlet 
     for A-3 and G5 visa applicants and describes the required 
     information to be included in the pamphlets. It mandates that 
     the pamphlets be translated into at least ten languages and 
     mailed to each A-3 or G-5 visa applicant in his/her primary 
     language.
       Subsection (c) provides the circumstances in which the 
     Secretary may suspend a visa or renew a visa, as well as when 
     the Secretary is not permitted to issue a visa.
       Subsection (d) provides the protections and remedies for A-
     3 and G-5 visa holders working in the United States.
       Subsection (e) ensures protection from removal for visa 
     holders wanting to file a complaint regarding a violation of 
     contract or some Federal, State, or local law to allow time 
     sufficient to participate fully in all legal proceedings.
       Subsection (f) requires that every two years the Secretary 
     of State shall submit a report on the implementation of this 
     section and describes the necessary content of the report.
     Section 204. Relief for certain victims pending actions on 
         petitions and applications for relief
       Section 204 allows the Secretary of Homeland Security to 
     stay the removal of an individual which has made a prima case 
     for approval of a T Visa.
     Section 205. Expansion of authority to permit continued 
         presence in the United States
       Section 205 expands the authority to permit the Secretary 
     of Homeland Security to permit continued presence of 
     trafficking victims, including if the alien has filed a civil 
     action against the trafficking perpetrators (unless the alien 
     is not showing due diligence in pursuing his civil action). 
     It also allows for parole into the United States of certain 
     relatives of trafficking victims with several limitations.
     Section 206. Implementation of trafficking victims protection 
         reauthorization act of 2005
       Section 206 amends the Immigration and Nationality act and 
     requires the Secretary of Homeland Security to issue interim 
     regulations on the adjustment of status to permanent 
     residence for T Visa holders.

             Subtitle B--Assistance for Trafficking Victims

     Section 211. Assistance for certain nonimmigrant status 
         applicants
       Section 211 clarifies that T-visa applicants have access to 
     certain public benefits.
     Section 212. Interim assistance for child victims of 
         trafficking
       Subsection (a) of Section 212 provides that if credible 
     information is presented that a child has been a trafficking 
     victim, the Secretary of HHS may provide interim assistance 
     to the child for up to 90 days. Subsection (a) also provides 
     that any federal official must notify HHS within 48 hours of 
     coming into contact with such child and that State or local 
     officials must notify HHS within 48 hours of coming into 
     contact with such a child. Long term assistance 
     determinations are to be made by the Secretary of HHS, the 
     Attorney General and the Secretary of Department of Homeland 
     Security.
       Subsection (b) provides for education on identification of 
     trafficking victims.
     Section 213. Ensuring assistance for all victims of 
         trafficking in persons
       Subsection (a) of Section 213 amends the TVPA of 2000 to 
     specifically authorize an assistance program for victims of 
     severe forms of trafficking of persons and provides for 
     establishing a system that refers such victims to existing 
     programs at the Department of Health and Human Services and 
     the Department of Justice.
       Subsection (b) requires a study on the gaps for assistance 
     to women in prostitution victimized under chapter 117 of 
     title 18.

       Subtitle C--Penalties Against Traffickers and Other Crimes

     Section 221. Restitution of forfeited assets; enhancement of 
         civil action
       Section 221 amends chapter 77 of title 18 by allowing the 
     Attorney General in a prosecution brought under Federal law 
     to grant restoration or remission of property to victims of 
     severe forms of trafficking.
     Section 222. Enhancing trafficking offenses
       Section 222 amends title 18 of the U.S. Code to enhance 
     existing penalties for trafficking offenses. Subsection (a) 
     permits pretrial detention for trafficking offenders. 
     Subsection (b) ensures that obstruction or attempts to 
     obstruct or in any way interfere with enforcement of the 
     trafficking statutes is a separate offense. Subsection (c) 
     ensures that trafficking conspirators are punished as 
     though they had completed a violation. Subsection (d) 
     amends the trafficking statutes to hold accountable those 
     who knowingly or in reckless disregard financially benefit 
     from participation in a trafficking venture; it also 
     amends the forced labor and sex trafficking statutes to 
     clarify the definition of ``harm'' and ``abuse of the law 
     or legal process.'' Subsection (e) tightens the 
     immigration law to ensure that committing or conspiring to 
     commit trafficking offenses are grounds of inadmissibility 
     and removability. The provision also creates a new crime 
     of sex tourism that punishes individuals who go abroad for 
     sex tourism and sex tour operators that benefit from such 
     promoting such travel.
     Section 223. Jurisdiction in certain trafficking offenses
       Section 223 amends chapter 77 of title 18 by increasing the 
     jurisdiction of the courts to include any trafficking case 
     found in or brought into the United States, even if the 
     conduct occurred in a different country, as long as no more 
     than ten years have passed.

         Subtitle D--Activities of the United States Government

     Section 231. Annual report by the Attorney General
       Section 231 requires that the annual report by the Attorney 
     General include activities by the Department of Defense to 
     combat trafficking in persons, actions taken to enforce 
     policies relating to contractors and their employees, actions 
     by the Secretary of Homeland Security to waive restrictions 
     on section 307 of the Tariff Act of 1930, and prohibitions on 
     procurement of items or services produced by slave labor.
     Section 232. Defense Contract Audit Agency audit
       Section 232 requires the Defense Contract Audit Agency to 
     conduct an audit of all Department of Defense contractors and 
     subcontractors where there is substantial evidence to suggest 
     trafficking in persons, notify congress of the findings of 
     each audit, and certify that the contractor is no longer 
     engaging in such activities.
     Section 233. Senior policy operating group
       Section 233 amends section 206 of the TVPRA of 2005 to 
     ensure that the Senior Policy Operating Group reviews all 
     anti-trafficking programs.
     Section 234. Preventing United States travel by traffickers
       Section 234 provides that the Secretary of State may 
     prohibit the entry into the United States of traffickers.
     Section 235. Enhancing efforts to combat the trafficking of 
         children
       Section 235 sets forth comprehensive protections for child 
     victims of trafficking and other unaccompanied alien 
     children, including the following the provisions: (1) Care 
     and Custody of Unaccompanied Children: Care and custody of 
     all unaccompanied alien children shall be the responsibility 
     of Health and Human Services; (2) Transfer of Custody: 
     Consistent with the Homeland Security Act of 2002, requires 
     all departments or agencies of the federal government to 
     notify the Department of Health and Human Services (HHS) 
     within 48 hours. The custody of most unaccompanied alien 
     children encountered by immigration authorities must be 
     transferred to the Secretary of Health and Human Services 
     within 72 hours with special rules for children who have 
     committed crimes or threaten national security; (3) Special 
     Repatriation Procedures and Safeguards for Mexican and 
     Canadian Nationals: Permits the Department of Homeland 
     Security to repatriate promptly certain unaccompanied alien 
     children from Canada or Mexico apprehended provided that 
     those Canadian and Mexican unaccompanied alien children who 
     are victims of severe forms of trafficking or have a fear of 
     persecution; (4) Safe and Secure Placements: An unaccompanied 
     alien child in the custody of HHS shall be placed in the 
     least restrictive setting that is in the best interests of 
     the child. Placement of child trafficking victims may include 
     placement with competent adult victims of the same 
     trafficking scheme in order to ensure continuity of support; 
     (5) Standards for Placement: An unaccompanied child may not 
     be placed with a person or entity unless HHS makes a 
     determination that the proposed custodian is capable of 
     providing for the child; (5) Representation: All 
     unaccompanied alien children who are or have been in 
     government custody, must have competent counsel to represent 
     them in legal proceedings or matters and protect them from 
     mistreatment, exploitation, and trafficking; (6) Special 
     Immigrant Juvenile Status: Revises procedures for obtaining 
     special immigrant juvenile status provided for under the 
     Immigration and Nationality Act.
     Section 236. Temporary increase in fee for certain consular 
         services
       Section 236 allows the Secretary of State to increase the 
     fee for processing machine readable non-immigrant visas by 
     two dollars. This increase shall be deposited in the Treasury 
     and will terminate two years following the initial increase.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

       This title and the sections within it provide authorization 
     of appropriations for various trafficking programs.

         TITLE IV--CHILD SOLDIERS PREVENTION AND ACCOUNTABILITY

     Section 401. Short title
       Section 401 provides that this title may be referred to as 
     the ``Child Soldier Prevention and Accountability Act of 
     2008''.
     Section 402. Definitions
       Section 402 provides for various definitions used 
     throughout the Act.
     Section 403. Prohibition
       Subsection (a) of Section 403 prohibits military 
     assistance, the transfer of excess defense articles, or 
     licenses for direct sales of military equipment to 
     governments that the State Department's annual human rights 
     report indicates have governmental armed forces or 
     government-supported armed forces, including paramilitaries, 
     militias or civil defense forces that recruit or use child 
     soldiers.

[[Page S4801]]

       Subsection (b) provides that the Secretary of State 
     formally notify any government of such prohibitions.
       Subsection (c) provides that the President may waive the 
     restriction in subsection (a) if doing so is in the national 
     interest of the United States. The President must publish 
     each waiver granted, and its justification, within 45 
     calendar days.
       Subsection (d) provides that the President may reinstate 
     assistance which is restricted if the Government has 
     implemented measures to come into compliance with this title 
     and has implemented policies to prohibit and prevent future 
     governmentsupported use of child soldiers.
       Subsection (e) provides that notwithstanding the 
     restriction in subsection (a), assistance for international 
     military education and training and nonlethal supplies may be 
     provided for up to two years s/he certifies that the 
     government of that country is taking steps to implement 
     effective measures to demobilize child soldiers and the 
     assistance is provided to directly support 
     professionalization of the military.
     Section 404. Reports
       Subsection (a) of Section 404 provides that the Secretary 
     of State and U.S. missions abroad thoroughly investigate 
     reports of the use of child soldiers.
       Subsection (b) clarifies that the Secretary of State, in 
     the annual Human Rights Report, must include a description of 
     the use of child soldiers, including trends toward 
     improvement or the continued or increased tolerance of such 
     practices and the role of the government in engaging in or 
     tolerating the use of child soldiers.
       Subsection (c) requires that the President submit an annual 
     report to the appropriate congressional committees that 
     contains a list of countries in violation of standards under 
     this subtitle, a list of any waivers or exceptions, 
     justification for any such waivers and exceptions, and a 
     description of any assistance provided under this subtitle.
       Subsection (d) provides that not less than 180 days after 
     implementation of the Act, the Secretaries of State and 
     Defense shall submit a strategy and a coordination plan for 
     achieving the policy objectives described in this Act.
     Section 405. Training for foreign service officers
       Section 405 establishes a requirement for training relevant 
     Foreign Service officers in the assessment of child soldier 
     use and other matters related to child soldiers.
     Section 406. Effective date; Applicability
       Section 406 states that the amendments made under this 
     section shall take effect 180 days after the date of the 
     enactment of this Act.
     Sec. 407. Accountability for the recruitment and use of child 
         soldiers
       Subsection (a)(l) of Section 407 amends chapter 118 of 
     title 18 by adding the offense of recruiting persons less 
     than 15 years of age into an armed force or knowingly using a 
     person under 15 in hostilities, and provides for terms of 
     imprisonment. This subsection also provides that anyone 
     attempting or conspiring to commit an offense under this 
     section shall be punished in the same manner as someone who 
     completes the offense, establishes the jurisdiction of the 
     code, and provides for definitions used in this section.
       Subsection (a)(2) establishes a statute of limitations of 
     10 years for prosecution under this code.
       Subsection (b) makes participation in recruiting or using 
     child soldiers grounds for inadmissibility or deportation 
     under U.S. immigration law.
                                 ______