S.3061 Title IV Child Soldiers Prevention and Accountability

TITLE IV–CHILD SOLDIERS PREVENTION AND ACCOUNTABILITY

SEC. 401. SHORT TITLE.

This title may be cited as the `‘Child Soldiers Prevention and Accountability Act of 2008‘’.

SEC. 402. DEFINITIONS.

• • (A) the Committee on Foreign Relations of the Senate;
    (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.
    • (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 16 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 hostilities by armed forces distinct from the armed forces of a state; and
    (A) means–
    (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.
  (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `‘appropriate congressional committees‘’ means–
  (2) CHILD SOLDIER- Consistent with the provisions of the Optional Protocol to the Convention of the Rights of the Child, the term `child soldier’‘child soldier’–
In this title:

SEC. 403. PROHIBITION.

• (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.
  (2) PUBLICATION AND NOTIFICATION- Not later than 45 days after each waiver is granted under paragraph (1), the President shall publish such waiver in the Federal Register with the justification for granting such waiver.
  (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
  (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.
  • (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
    (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.
  (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–
  (2) LIMITATION- The exception under paragraph (1) may not remain in effect for a country for more than 2 years.
(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 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(f) and 2304(h)), the Arms Export Control Act (22 U.S.C. 2751), the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-161) or under any other 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, in the Department of State‘’s Country Report on Human Rights Practices 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 title, as having governmental armed forces or government-supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit and use child soldiers.
(b) Notification to Countries in Violation of Standards- The Secretary of State shall formally notify any government identified pursuant to subsection (a).
(c) National Interest Waiver-
(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–
(e) Exception for Programs Directly Related To Addressing the Problem of Child Soldiers or Professionalization of the Military-

SEC. 404. REPORTS.

• • (A) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and
    (B) the role of the government of such country in engaging in or tolerating the use of child soldiers.
  (1) any determination that a government has violated the standards under this title; and
  (2) a description of the use of child soldiers in each foreign country, whether or not such use constitutes a violation of such standards, including–
  (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 exceptions; and
  (4) a description of any assistance provided under this title pursuant to the issuance of such waiver.
  (1) sets forth a strategy and a program to assist governments that have expressed the political will to achieve the policy objectives described in this title; and
  (2) includes a description of an effective mechanism for coordination of United States Government efforts to implement this strategy.
(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 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–
(c) Annual Report to Congress- Not later than June 15 of each of the 10 years following the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees that contains–
(d) Implementation Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall jointly submit a report to the appropriate congressional committees that–

SEC. 405. 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 following:
`‘(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 and Accountability Act of 2008.‘’.

SEC. 406. ACCOUNTABILITY FOR THE RECRUITMENT AND USE OF CHILD SOLDIERS.

• (1) IN GENERAL- Chapter 118 of title 18, United States Code, is amended by adding at the end the following:
(a) Crime for Recruiting or Using Child Soldiers-

`‘Sec. 2442. Recruitment or use of child soldiers

• `‘(1) shall be fined under this title, imprisoned not more than 20 years, or both; and
  `‘(2) if the death of any person results, shall be fined under this title and imprisoned for any term of years or for life.
  `‘(1) the alleged offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20));
  `‘(2) the alleged offender is a stateless person whose habitual residence is in the United States;
  `‘(3) the alleged offender is present in the United States, irrespective of the nationality of the alleged offender; or
  `‘(4) the offense occurs in whole or in part within the United States.
  • `‘(A) combat or military activities related to combat, including scouting, spying, sabotage, and serving as a decoy, a courier, or at a military checkpoint; or
    `‘(B) direct support functions related to combat, including taking supplies to the front line and other services at the front line.
  `‘(1) PARTICIPATE ACTIVELY IN HOSTILITIES- The term `‘participate actively in hostilities‘’ means taking part in–
  `‘(2) ARMED FORCE OR GROUP- The term `‘armed force or group‘’ means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.‘’.
  (2) STATUTE OF LIMITATIONS- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
`(a) ‘(a) Offense- Any person who knowingly recruits, enlists, or conscripts a person under 15 years of age into an armed force or group, or knowingly uses a person under 15 years of age to participate actively in hostilities–
`‘(b) Attempt and Conspiracy- Any person who attempts or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.
`‘(c) Jurisdiction- There is jurisdiction over an offense described in subsection (a), and any attempt or conspiracy to commit such offense, if–
`‘(d) Definitions- In this section:

`‘Sec. 3300. Recruitment or use of child soldiers

• • (A) in the table of sections for chapter 118, by adding at the end the following:
    and
    (B) in the table of sections for chapter 213, by adding at the end the following:
  (3) CLERICAL AMENDMENTS- Title 18, United States Code, is amended–
  `‘Sec. 2442. Recruitment or use of child soldiers.‘’;
  `‘Sec. 3300. Recruitment or use of child soldiers.‘’.
  • `(G)‘(G) RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, is inadmissible.‘’.
  • `(F)‘(F) RECRUITMENT OR USE OF CHILD SOLDIERS- Any alien who has engaged in the recruitment or use of child soldiers in violation of section 2442 of title 18, United States Code, is deportable.‘’.
`No person may be ‘No person may be prosecuted, tried, or punished for a violation of section 2442 unless the indictment or the information is filed not later than 10 years after the commission of the offense.‘’.
(b) Ground of Inadmissibility for Recruiting or Using Child Soldiers- Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding at the end the following:
(c) Ground of Removability for Recruiting or Using Child Soldiers- Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
(d) Asylum and Withholding of Removal- Not later than 60 days after the date of the enactment of this Act, the Attorney General shall promulgate final regulations establishing that, for purposes of sections 208(b)(2)(A)(iii) and 241(b)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(iii) and 1231(b)(3)(B)(iii)), an alien who is inadmissible under section 212(a)(3)(G) of such Act or removable under section 237(a)(4)(F) of such Act shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime.

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 and shall apply to funds obligated after such effective date.