[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5966 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5966

 To end the use of child soldiers in hostilities around the world, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

   Mr. Smith of New Jersey introduced the following bill; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
 To end the use of child soldiers in hostilities around the world, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Soldier Prevention Act of 
2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the September 7, 2005, report to the 
        United Nations General Assembly by the Special Representative 
        of the Secretary General for Children and Armed Conflict, ``In 
        the last decade, two million children have been killed in 
        situations of armed conflict, while six million children have 
        been permanently disabled or injured. Over 250,000 children 
        continue to be exploited as child soldiers and tens of 
        thousands of girls are being subjected to rape and other forms 
        of sexual violence.''.
            (2) According to the Center for Emerging Threats and 
        Opportunities (CETO), Marine Corps Warfighting Laboratory, 
        ``The Child Soldier Phenomenon has become a post-Cold War 
        epidemic that has proliferated to every continent with the 
        exception of Antarctica and Australia.''.
            (3) Many of the children currently serving in armed forces 
        or paramilitaries were forcibly conscripted through kidnapping 
        or coercion, while others joined military units due to economic 
        necessity, to avenge the loss of a family member, or for their 
        own personal safety.
            (4) Some military and militia commanders force child 
        soldiers to commit gruesome acts of ritual killings or torture, 
        including acts of violence, against other children.
            (5) Many female child soldiers face the additional 
        psychological and physical horrors of rape and sexual abuse, 
        enslavement for sexual purposes by militia commanders, and 
        severe social stigma should they return home.
            (6) Some military and militia commanders target children 
        for recruitment because of their psychological immaturity and 
        vulnerability to manipulation and indoctrination. Children are 
        often separated from their families in order to foster 
        dependence on military units and leaders. Consequently, many of 
        these children suffer from deep trauma and are in need of 
        psychological counseling and rehabilitation.
            (7) Child soldiers are exposed to hazardous conditions and 
        are at risk of physical injury and disability, psychological 
        trauma, sexually transmitted diseases, respiratory and skin 
        infections, and often death.
            (8) On May 25, 2000, the United Nations adopted and opened 
        for signature, ratification, and accession the Optional 
        Protocol to the Convention on the Rights of the Child on the 
        Involvement of Children in Armed Conflict, which establishes 18 
        as the minimum age for conscription, forced recruitment, or 
        direct participation in hostilities.
            (9) On June 18, 2002, the Senate unanimously approved the 
        resolution advising and consenting to the ratification of the 
        Optional Protocol.
            (10) On December 23, 2002, the United States presented the 
        ratified optional protocol to the United Nations.
            (11) One hundred and six governments worldwide have 
        ratified the optional protocol, establishing a clear 
        international norm prohibiting the use of children in combat.
            (12) It is in the national and security interests of the 
        United States to reduce the chances that members of the United 
        States Armed Forces will be forced to encounter children in 
        combat situations.
            (13) Section 502B(a)(3) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is 
        directed to formulate and conduct international security 
        assistance programs of the United States in a manner which will 
        promote and advance human rights and avoid identification of 
        the United States, through such programs, with governments 
        which deny to their people internationally recognized human 
        rights and fundamental freedoms, in violation of international 
        law or in contravention of the policy of the United States as 
        expressed in this section or otherwise.''.

SEC. 3. CHILD SOLDIER DEFINED.

    In this Act, the term ``child soldier'' means--
            (1) any person under the age of 18 years old who is--
                    (A) forcibly recruited or conscripted--
                            (i) to serve in any type of regular or 
                        irregular armed force or armed group in any 
                        capacity, including in a support role such as 
                        cook, porter, or messenger; or
                            (ii) to accompany such a force or group, 
                        other than as a direct family member; or
                    (B) serving in hostilities as part of a regular 
                armed force or armed group; and
            (2) any person under the age of 16 years old serving in any 
        capacity as part of a regular or irregular armed force or armed 
        group.

SEC. 4. STATEMENT OF CONGRESS; SENSE OF CONGRESS.

    (a) Statement of Congress.--Congress condemns the conscription, 
forced recruitment, or use of children by governments, paramilitaries, 
or other organizations in hostilities.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should support and, where 
        practicable, lead efforts to establish and uphold international 
        standards designed to end the conscription, forced recruitment, 
        or use of children by governments, paramilitaries, or other 
        organizations in hostilities;
            (2) the United States should expand ongoing services to 
        rehabilitate recovered child soldiers and to reintegrate them 
        back into their communities by--
                    (A) offering ongoing psychological services to help 
                victims recover from their trauma and relearn how to 
                deal with others in nonviolent ways such that they are 
                no longer a danger to their community; and
                    (B) facilitating reconciliation with their 
                communities through negotiations with traditional 
                leaders and elders to enable recovered abductees to 
                resume normal lives in their communities;
            (3) the United States should work with the international 
        community on efforts to bring to justice rebel organizations 
        that kidnap children for use as child soldiers, such as the 
        Lord's Resistance Army (LRA) in Uganda, Fuerzas Armadas 
        Revolucionarias de Colombia (FARC), and the Communist Party of 
        Nepal (CPN), including through regional cooperation, where 
        feasible, to arrest the leaders of such groups and recover 
        those children who have been abducted;
            (4) United States diplomatic missions in countries in which 
        governments use or tolerate child soldiers should develop, as 
        part of annual program planning, strategies to promote efforts 
        to end the conscription, forced recruitment, or use of children 
        by governments, paramilitaries, or other organizations in 
        hostilities; and
            (5) in allocating or recommending the allocation of funds 
        or recommending candidates for programs and grants funded by 
        the United States, United States diplomatic missions should 
        give particular consideration to those programs and candidates 
        deemed to promote the end to the conscription, forced 
        recruitment, or use of children by governments, paramilitaries, 
        or other organizations in hostilities.

SEC. 5. PROHIBITION.

    (a) In General.--Subject to subsections (b), (c), and (d), none of 
the funds appropriated or otherwise made available for international 
military education and training, foreign military financing, foreign 
military sales, direct commercial sales, or excess defense articles by 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102) or any other Act making 
appropriations for foreign operations, export financing, and related 
programs may be obligated or otherwise made available to the government 
of a country that is clearly identified by the Department of State in 
the Department of State's most recent Country Reports on Human Rights 
Practices as having governmental armed forces or government supported 
armed groups, including paramilitaries, militias, or civil defense 
forces, that recruit or use child soldiers.
    (b) Notification to Countries in Violation of the Standards of This 
Act.--Not later than March 15 of each year, the Secretary of State 
shall formally notify any government identified pursuant to subsection 
(a).
    (c) National Interest Waiver.--
            (1) Waiver.--The President may waive the application to a 
        country of the prohibition described in subsection (a) if the 
        President determines that such waiver is in the national 
        interest of the United States.
            (2) Publication and notification.--The President shall 
        publish in the Federal Register each waiver granted under 
        paragraph (1) and shall notify the Committee on International 
        Relations and the Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate of each such waiver, 
        including the justification for such waiver, in accordance with 
        the regular notification procedures of such Committees.
    (d) Reinstatement of Assistance.--The President may provide to a 
country assistance otherwise prohibited under subsection (a) upon the 
submission of a certification to Congress that the government of such 
country--
            (1) is implementing effective measures to come into 
        compliance with the standards of this Act; and
            (2) is implementing effective policies and mechanisms to 
        prohibit and prevent future placement of children in combat 
        roles and to ensure that no children are recruited before the 
        age of 16 years old or forcibly recruited or conscripted before 
        the age of 18 years old.
    (e) Exception for Programs Directly Related to Addressing the 
Problem of Child Soldiers.--
            (1) In general.--The President may provide to a country 
        assistance for international military education and training 
        otherwise prohibited under subsection (a) upon certifying to 
        Congress that the assistance provided by the United States 
        Government to the government of such country will go to 
        programs that will directly support addressing the problem of 
        child soldiers.
            (2) Limitation.--The exception under paragraph (1) may not 
        remain in effect for more than two years after the date of 
        notification under subsection (b).

SEC. 6. ROLE OF UNDER SECRETARY FOR DEMOCRACY AND GLOBAL AFFAIRS AS 
              LEAD ON CHILD SOLDIER ISSUES.

    (a) In General.--The Under Secretary for Democracy and Global 
Affairs shall coordinate United States policy on child soldier issues, 
including by performing the following functions:
            (1) Serving as a principal adviser to the President and the 
        Secretary of State regarding matters affecting the use of child 
        soldiers, including making recommendations regarding--
                    (A) the policies of the United States toward 
                governments that use child soldiers; and
                    (B) policies to promote the end to the use of child 
                soldiers in conflicts around the world.
            (2) Preparing and submitting the reports required under 
        section 7 and 8.

SEC. 7. REPORTS.

    (a) Preparation of Reports Regarding Child Soldiers.--The Secretary 
of State shall ensure that United States missions abroad maintain a 
consistent reporting standard and thoroughly investigate reports of the 
use of child soldiers.
    (b) Information for Annual Country Reports on Human Rights 
Practices.--The Under Secretary for Democracy and Global Affairs shall 
assist the Secretary of State in preparing those portions of the annual 
Country Reports on Human Rights Practices (prepared in accordance with 
sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n and 2304(b))) that relate to child soldiers and assure 
that such reports shall include a description of the use of child 
soldiers in each foreign country, including--
            (1) trends toward improvement in such country of the status 
        of child soldiers or the continued or increased tolerance of 
        such practices; and
            (2) the role of the government of such country in engaging 
        in or tolerating the use of child soldiers.
    (c) Inclusion of Information on Violations.--If the Secretary of 
State, in consultation with the Under Secretary for Democracy and 
Global Affairs, determines that the government of a country or a 
regular or irregular armed force or armed group in such country has 
violated the standards of this Act, the Secretary shall clearly 
indicate that fact in the relevant annual Country Reports on Human 
Rights Practices.
    (d) Annual Reports to Congress.--Not later than June 15 of each 
year, the President shall submit to the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate--
            (1) a list of the governments receiving notification that 
        they are in violation of the standards of this Act;
            (2) a list of any waivers or exceptions exercised under 
        this Act;
            (3) justification for those waivers and exceptions; and
            (4) a description of any assistance provided pursuant to 
        this Act.

SEC. 8. REPORT ON IMPLEMENTATION OF ACT.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall submit to the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate a report setting forth a 
strategy for achieving the policy objectives of this Act, including a 
description of an effective mechanism for coordination of United States 
efforts to implement this strategy.

SEC. 9. 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 new subsection:
    ``(c) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided 
after January 1, 2007, for members of the Service instruction on the 
rights of child soldiers.''.

SEC. 10. EFFECTIVE DATE; APPLICABILITY.

    This Act shall take effect 180 days after the date of the enactment 
of this Act and shall apply to funds obligated after such effective 
date.
                                 <all>