S.Amdt. 5604

1. Adds Subtitle E--Child Soldiers Prevention SEC. 1241. SHORT TITLE on page 360, line 20

   Adds a sectionPrinted page

   Inserted: Subtitle E--Child Soldiers Prevention SEC. 1241. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Child Soldiers Prevention Act of 2008".

   Inserted: SEC. 1242. DEFINITIONS.

   Inserted: In this subtitle:

   Inserted: (1) Appropriate congressional committees.--The term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Relations of the Senate;

   Inserted: (B) the Committee on Appropriations of the Senate;

   Inserted: (C) the Committee on Foreign Affairs of the House of Representatives; and

   Inserted: (D) the Committee on Appropriations of the House of Representatives.

   Inserted: (2) Child soldier.--Consistent with the provisions of the Optional Protocol to the Convention of the Rights of the Child, the term "child soldier"--

   Inserted: (A) means--

   Inserted: (i) any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces;

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   Inserted: (ii) any person under 18 years of age who has been compulsorily recruited into governmental armed forces;

   Inserted: (iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces; or

   Inserted: (iv) any person under 18 years of age who has been recruited or used in hostilities by armed forces distinct from the armed forces of a state; and

   Inserted: (B) includes any person described in clauses (ii), (iii), or (iv) of subparagraph (A) who is serving in any capacity, including in a support role such as a cook, porter, messenger, medic, guard, or sex slave.

   Inserted: SEC. 1243. PROHIBITION.

   Inserted: (a) In General.--Subject to subsections (c), (d), and (e), none of the funds appropriated or otherwise made available for international military education and training, foreign military financing, or the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), the Arms Export Control Act (22 U.S.C. 2751), or under any Act making appropriations for foreign operations, export financing, and related programs may be obligated or otherwise made available, 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 appropriated funds, transfer, or license, would have been used or issued in the absence of a violation of this subtitle, as having governmental armed forces or government-supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers.

   Inserted: (b) Identification and Notification to Countries in Violation of Standards.--

   Inserted: (1) Publication of list of foreign governments.--The Secretary of State shall include a list of the foreign governments that have violated the standards under this subtitle and are subject to the prohibition in subsection (a) in the report required by section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)).

   Inserted: (2) Notification of foreign countries.--The Secretary of State shall formally notify any government identified pursuant to subsection (a).

   Inserted: (c) National Interest Waiver.--

   Inserted: (1) Waiver.--The President may waive the application to a country of the prohibition in subsection (a) if the President determines that such waiver is in the national interest of the United States.

   Inserted: (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 with the justification for granting such waiver.

   Inserted: (d) Reinstatement of Assistance.--The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to the appropriate congressional committees that the government of such country--

   Inserted: (1) has implemented measures that include an action plan and actual steps to come into compliance with the standards outlined in section 1244(b); and

   Inserted: (2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers.

   Inserted: (e) Exception for Programs Directly Related to Addressing the Problem of Child Soldiers or Professionalization of the Military.--

   Inserted: (1) In general.--The President may provide assistance to a country for international military education, training, and nonlethal supplies (as defined 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--

   Inserted: (A) the government of such country is taking 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 reintegration assistance to those former child soldiers; and

   Inserted: (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.

   Inserted: (2) Limitation.--The exception under paragraph (1) may not remain in effect for a country for more than 2 years.

   Inserted: SEC. 1244. REPORTS.

   Inserted: (a) Investigation of Allegations Regarding Child Soldiers.--United States missions abroad shall thoroughly investigate reports of the use of child soldiers.

   Inserted: (b) Information for Annual Human Rights Reports.--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, including--

   Inserted: (1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and

   Inserted: (2) the role of the government of such country in engaging in or tolerating the use of child soldiers.

   Inserted: (c) Annual Report to Congress.--If, in any of the 5 years following the date of the enactment of this Act, a country or countries are notified pursuant to section 1243(b)(2) or a waiver is granted pursuant to section 1243(c)(1), the President shall submit a report to the appropriate congressional committees not later than June 15 of the following year that contains--

   Inserted: (1) a list of the countries receiving notification that they are in violation of the standards under this subtitle;

   Inserted: (2) a list of any waivers or exceptions exercised under this subtitle;

   Inserted: (3) justification for any such waivers and exceptions; and

   Inserted: (4) a description of any assistance provided under this subtitle pursuant to the issuance of such waiver.

   Inserted: SEC. 1245. TRAINING FOR FOREIGN SERVICE OFFICERS.

   Inserted: Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following:

   Inserted: "(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided for chiefs of mission, deputy chiefs of mission, and other officers of the Service who are or will be involved in the assessment of child soldier use or the drafting of the annual Human Rights Report, instruction on matters related to child soldiers, and the substance of the Child Soldiers Prevention Act of 2008.".

   Inserted: SEC. 1246. EFFECTIVE DATE; APPLICABILITY.

   Inserted: This subtitle, and the amendments made by this subtitle, shall take effect 180 days after the date of the enactment of this Act and shall apply to funds obligated after such effective date.

   Original wording

   On page 360, after line 20, add the following:

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