---
kind: "range"
citation: "22 U.S.C. §§ 2370c–2370c–2"
title: "22"
from: "2370c"
to: "2370c–2"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/22/2370c..2370c-2"
---

# §2370c. Definitions


In [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title:

- (1) **Appropriate congressional committees—** The term “[appropriate congressional committees](/usc/22/2152j–4.md?p=1)” means—
  - (A) the Committee on [Foreign](/usc/22/3146.md?p=1) Relations of the Senate;
  - (B) the Committee on Appropriations of the Senate;
  - (C) the Committee on [Foreign](/usc/22/3146.md?p=1) Affairs of the House of Representatives; and
  - (D) the Committee on Appropriations of the House of Representatives.
- (2) **Child soldier—** Consistent with the provisions 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, police, or other security forces;
    - (ii) any person under 18 years of age who has been compulsorily recruited into governmental armed forces, police, or other security forces;
    - (iii) any person under 15 years of age who has been voluntarily recruited into governmental armed forces, police, or other security 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
  - (B) includes any person described in clause [(ii)](#2-A-ii), [(iii)](#2-A-iii), or [(iv)](#2-A-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.

# §2370c–1. Prohibition

- (a) **In general—** Subject to [subsections (b) through (f)](#b..f), the authorities contained in sections [2321j](/usc/22/2321j.md), [2347](/usc/22/2347.md), and [2348](/usc/22/2348.md) of this title or [section 2763 of this title](/usc/22/2763.md) 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)](#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 [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title, as having governmental armed forces, police, or other security forces, or government-supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use [child soldiers](/usc/22/2370c.md?p=2).
- (b) **Identification and notification to countries in violation of standards—**
  - (1) **Publication of list of foreign governments—** The Secretary of State shall include a list of the [foreign](/usc/22/3146.md?p=1) governments that have violated the standards under [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title and are subject to the prohibition in [subsection (a)](#a) in the report required under [section 7107(b) of this title](/usc/22/7107.md?p=b).
  - (2) **Notification—**
    - (A) **In general—** Not later than 45 days after the date on which each report is submitted under [section 7107(b) of this title](/usc/22/7107.md?p=b), the Secretary of State shall formally notify each government included in the list under [paragraph (1)](#b-1) that such government is included in such list.
    - (B) **Congressional notification—** As soon as practicable after making all of the notifications required under [subparagraph (A)](#b-2-A) with respect to a report, the Secretary of State shall notify the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that the requirements of [subparagraph (A)](#b-2-A) have been met.
- (c) **National interest waiver—**
  - (1) **Waiver—** The President may waive the application to a country of the prohibition in [subsection (a)](#a) if the President determines that such waiver is in the national interest of the [United States](/usc/22/1395.md?p=a-1) and certifies to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that the government of such country is taking effective and continuing steps to address the problem of [child soldiers](/usc/22/2370c.md?p=2).
  - (2) **Publication and notification—** Not later than 45 days after each waiver is granted under [paragraph (1)](#c-1), the President shall notify the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) of the waiver and the justification for granting such waiver.
- (d) **Reinstatement of assistance—** The President may provide to a country assistance otherwise prohibited under [subsection (a)](#a) upon certifying to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) 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 [subsection (b)](#b); and
  - (2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of [child soldiers](/usc/22/2370c.md?p=2) and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as [child soldiers](/usc/22/2370c.md?p=2).
- (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 under [section 2347 of this title](/usc/22/2347.md) through the Defense Institute for International Legal Studies or the Center for Civil-Military Relations at the Naval Post-Graduate School, and may provide nonlethal supplies (as defined in [section 2557(d)(1)(B) of title 10](/usc/10/2557.md?p=d-1-B)), to a country subject to the prohibition under [subsection (a)](#a) upon certifying to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) that—
    - (A) the government of such country is taking reasonable steps to implement effective measures to demobilize [child soldiers](/usc/22/2370c.md?p=2) 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](/usc/22/2370c.md?p=2); and
    - (B) the assistance provided by the [United States](/usc/22/1395.md?p=a-1) Government to the government of such country will go to [programs](/usc/22/3383.md?p=6) that will directly support professionalization of the military.
  - (2) **Limitation—** The exception under [paragraph (1)](#e-1) may not remain in effect for a country for more than 5 years.
- (f) **Exception for peacekeeping operations—** The limitation set forth in [subsection (a)](#a) that relates to [section 2348 of this title](/usc/22/2348.md) shall not apply to [programs](/usc/22/3383.md?p=6) that support military professionalization, security sector reform, heightened respect for human rights, peacekeeping preparation, or the demobilization and reintegration of [child soldiers](/usc/22/2370c.md?p=2).

# §2370c–2. Reports

- (a) **Investigation of allegations regarding child soldiers—** [United States](/usc/22/1395.md?p=a-1) missions abroad shall thoroughly investigate reports of the use of [child soldiers](/usc/22/2370c.md?p=2).
- (b) **Information for annual Human Rights Reports—** In preparing those portions of the annual Human Rights Report that relate to [child soldiers](/usc/22/2370c.md?p=2) under sections [2151n](/usc/22/2151n.md) and [2304](/usc/22/2304.md) of this title, the Secretary of State shall ensure that such reports include a description of the use of [child soldiers](/usc/22/2370c.md?p=2) in each [foreign country](/usc/22/2321c.md?p=2), including—
  - (1) trends toward improvement in such country of the status of [child soldiers](/usc/22/2370c.md?p=2) 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](/usc/22/2370c.md?p=2).
- (c) **Annual report to Congress—** If a country is notified pursuant to [section 2370c–1(b)(2) of this title](/usc/22/2370c–1.md?p=b-2), or a waiver is granted pursuant to [section 2370c–1(c)(1) of this title](/usc/22/2370c–1.md?p=c-1), the President shall submit a report to the [appropriate congressional committees](/usc/22/2152j–4.md?p=1) not later than June 15 of the following year. The report shall include—
  - (1) a list of the countries receiving notification that they are in violation of the standards under [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title;
  - (2) a description and the amount of any assistance withheld under this title pursuant to the application to those countries of the prohibition in [section 2370c–1(a) of this title](/usc/22/2370c–1.md?p=a);
  - (3) a list of any waivers or exceptions exercised under [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title;
  - (4) justification for any such waivers and exceptions; and
  - (5) a description and the amount of any assistance provided under [sections 2370c to 2370c–2](/usc/22/2370c..2370c–2.md) of this title pursuant to the issuance of such waiver.
- (d) **Information to be included in annual trafficking in persons report—** If the Secretary of State notifies a country pursuant to [section 2370c–1(b)(2) of this title](/usc/22/2370c–1.md?p=b-2), or the President grants a waiver pursuant to [section 2370c–1(c)(1) of this title](/usc/22/2370c–1.md?p=c-1), the Secretary of State shall include, in each report required under [section 7107(b) of this title](/usc/22/7107.md?p=b), the information required to be included in the [annual report](/usc/22/6402.md?p=2) to Congress under [paragraphs (1) through (5)](#c-1..c-5) of subsection (c).