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22 U.S. Code § 2370c - Definitions

U.S. Code
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In sections 2370c to 2370c–2 of this title:

(1) Appropriate congressional committeesThe term “appropriate congressional committees” means—

(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.

(2) Child soldierConsistent 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), (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.

(Pub. L. 110–457, title IV, § 402, Dec. 23, 2008, 122 Stat. 5088; Pub. L. 115–425, title II, § 212(a), Jan. 8, 2019, 132 Stat. 5485.)

Editorial Notes

References in Text

Sections 2370c to 2370c–2 of this title, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, known as the Child Soldiers Prevention Act of 2008, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 2151 of this title and Tables.

Codification

Section was enacted as part of the Child Soldiers Prevention Act of 2008, and also as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Amendments

2019—Par. (2)(A)(i) to (iii). Pub. L. 115–425, § 212(a)(1), inserted “, police, or other security forces” after “governmental armed forces”.

Par. (2)(B). Pub. L. 115–425, § 212(a)(2), substituted “clause” for “clauses”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–457, title IV, § 407, Dec. 23, 2008, 122 Stat. 5091, provided that:

“This title [enacting this section and sections 2370c–1 and 2370c–2 of this title, amending section 4028 of this title, and enacting provisions set out as a note under section 2151 of this title], and the amendments made by this title, shall take effect 180 days after the date of the enactment of this Act [Dec. 23, 2008].”

Findings

Pub. L. 115–425, title II, § 211, Jan. 8, 2019, 132 Stat. 5485, provided that:

“Congress finds the following:

“(1)

The recruitment or use of children in armed conflict is unacceptable for any government or government-supported entity receiving United States assistance.

“(2)

The recruitment or use of children in armed conflict, including direct combat, support roles, and sexual slavery, occurred during 2016 or 2017 in Afghanistan, Iran, Mali, Niger, South Sudan, Sudan, Burma, the Democratic Republic of the Congo, Iraq, Nigeria, Rwanda, Somalia, Syria, and Yemen.

“(3)

Entities of the Government of Afghanistan, particularly the Afghan Local Police and Afghan National Police, continue to recruit children to serve as combatants or as servants, including as sex slaves.

“(4)

Police forces of the Government of Afghanistan participate in counterterrorism operations, direct and indirect combat, security operations, fight alongside regular armies, and are targeted for violence by the Taliban and other opposition groups.

“(5)

In February 2016, a 10-year-old boy was assassinated by the Taliban after he had been publicly honored by Afghan local police forces for his assistance in combat operations against the Taliban.

“(6)

Recruitment and use of children in armed conflict by government forces has continued in South Sudan with the return to hostilities.

“(7)

At least 19,000 children have been recruited since South Sudan’s civil war began in 2013.”