Updated May 23, 2022
Child Soldiers Prevention Act: Security Assistance Restrictions
The recruitment and use of children in armed conflict is
CSPA Reporting and Security Assistance
broadly viewed as a human rights problem, a form of
Restrictions
trafficking in persons, among the worst forms of child
The CSPA aims to combat the recruitment or use of
labor, and a war crime. The United Nations (U.N.) has
children as soldiers by publicly identifying countries that
identified the recruitment and use of child soldiers as
recruit or use child soldiers and restricting certain types of
among six “grave violations” affecting children in war and
U.S. security assistance to these countries. The law requires
has established numerous monitoring and reporting
that the Secretary of State publish annually a list of
mechanisms and initiatives to combat this practice. The
countries within which “governmental armed forces, police,
United Nations verified that more than 8,000 children were
or other security forces” or “government-supported armed
used as soldiers in 2020, including in Somalia (1,716),
groups, including paramilitaries, militias, or civil defense
Syria (813), Burma/Myanmar (790), Democratic Republic
forces,” recruited or used child soldiers during the previous
of the Congo (788), Central African Republic (584), and
year. Pursuant to the CSPA, the State Department, since
Mali (284), among other countries. Most children were
2010, has published a list of countries within the annual
recruited by non-state actors.
State Department Trafficking in Persons Report (TIP
Report).
U.S. efforts to eradicate this phenomenon internationally
are guided largely by the Child Soldiers Prevention Act of
Types of Security Assistance Prohibited
2008 (CSPA, Title IV of P.L. 110-457), which defines the
term “child soldier” and restricts
The following types of security assistance are prohibited for
certain security assistance
the governments of countries designated pursuant to the
to countries that recruit or use child soldiers, among other
CSPA (subject to exceptions and waivers, discussed
provisions. The Child Soldier Prevention Act of 2018 (Title
below):
II, Subtitle B of P.L. 115-425), which became law in
January 2019, strengthened some of the CSPA’s prov
isions.
licenses for direct commercial sales (DCS) of military
equipment;
Defining “Child Soldier”
foreign military financing (FMF);
The recruitment or use of persons under age 15 as soldiers
international military education and training (IMET);
is prohibited by both the U.N. Convention on the Rights of
excess defense articles (EDA); and
the Child (CRC) and the Additional Protocols to the
peacekeeping operations (PKO).
Geneva Conventions, and is considered a war crime under
Assistance or support under some Department of Defense
the Rome Statute of the International Criminal Court. In
(DOD) authorities, such as the “train and equip” authority
addition, the Optional Protocol to the CRC on the
for building the capacity of foreign defense forces (codified
involvement of children in armed conflict further prohibits
at 10 U.S.C. Section 333), may also be affected. Other
persons under age 18 from being compulsorily recruited
forms of U.S. security assistance to CSPA-listed countries
into state armed forces, from directly engaging in
may continue to be provided under the law, although
hostilities, and from being recruited or used in hostilities
constraints may be applied as a matter of policy.
“under any circumstances” by non-state armed groups. The
United States is a party to the Optional Protocol.
Exceptions
Congress, through the CSPA, has defined child soldiers in a
The President may provide military education and training
manner generally consistent with the Optional Protocol.
through certain institutions and/or nonlethal supplies for up
Under the CSPA, “child soldier” refers to persons under age
to five years to a CSPA-designated country upon certifying
18 who
that the recipient government is taking steps to demobilize,
reintegrate, and rehabilitate child soldiers and that such
take direct part in hostilities as a member of
assistance will support military professionalization. The
governmental armed forces, police, or other security
prohibition on PKO does not apply to programs that support
forces; or
military professionalism, security sector reform, respect for
are compulsorily recruited into governmental armed
human rights, peacekeeping preparation, or the
forces, police, or other security forces (or are under 15
demobilization and reintegration of child soldiers.
years old and are voluntarily recruited), including in
noncombat roles; or
Presidential Waivers
are recruited or used in hostilities by non-state armed
The President has authority under the CSPA to waive all, or
forces, including in noncombat roles.
certain types, of security assistance restrictions to a given
country if the President determines that doing so is in the
national interest and certifies to Congress that the relevant
government is “taking effective and continuing steps to
address the problem of child soldiers.” The President may
https://crsreports.congress.gov
link to page 2 Child Soldiers Prevention Act: Security Assistance Restrictions
similarly reinstate any assistance that would otherwise be
determinations. Some State Department offices reportedly
prohibited by certifying that the country in question has
unsuccessfully argued internally for Saudi Arabia’s
implemented measures, including “an action plan and actual
inclusion on the 2019 TIP Report’s CSPA list, for example.
steps” to end government or government-supported
That year’s report noted reports that Saudi Arabia had
recruitment or use of child soldiers and to prevent their
provided salaries, training, and other support to “Sudanese
future recruitment or use.
combatants which included children aged 14-17 years old,
who may have been used in direct hostilities in Yemen.”
Most Recent Designations
The State Department designated 15 countries under the
Use of Presidential Waivers
CSPA in the 2021 TIP Report, which was published on July
The executive branch has frequently waived security
1, 2021, and covered the period of April 2020 through
assistance restrictions for CSPA-listed countries, allowing
March 2021. As compared to the prior year’s CSPA list, 12
for the provision of hundreds of millions of dollars in
countries remained listed; Pakistan, Turkey, and Venezuela
otherwise restricted assistance. Some Members of Congress
were added; and Cameroon and Sudan were removed. In
and nongovernmental observers have criticized the frequent
October 2021, President Biden fully or partially waived
use of waivers, arguing that it undermines U.S. efforts to
restrictions on FY2022 assistance for all but six countries
deter countries from using child soldiers. Successive
(see Table 1). As required by the CSPA, as amended, the
Administrations have justified exceptions and waivers
President certified that each of the countries receiving
based on a stated need to support goals such as
waivers were taking “effective and continuing steps” to
counterterrorism or military professionalization.
address the problem of child soldiers.
Waiver Example: FY2021 Assistance
Table 1. CSPA List and Waivers (FY2022 Assistance)
to Somalia
Country
Restriction Status
Child soldier information (from 2020 TIP
Afghanistan
Restricted
Report): Continued reports of Somali National Army,
Burma
Restricted
Somali National Police, and other security forces and
Democratic Republic of the Congo
Waiver (partial)
armed groups “unlawfully recruiting and using both
Iran
Restricted
male and female child soldiers.”
Iraq
Waiver (ful )
Executive branch’s waiver justification (from
Libya
Waiver (partial)
2021 TIP Report): U.S. strategy “focuses on
Mali
Waiver (partial)
achieving a unified, peaceful, and democratic Somalia,
Nigeria
Waiver (ful )
with a stable and representative government” that is
Pakistan
Waiver (ful )
capable of combating terrorism and piracy, among
Somalia
Waiver (partial)
other capacities. A waiver for IMET and PKO
South Sudan
Waiver (partial)
assistance supports Somali military professionalization
Syria
Restricted
and the building of “effective and rights-respecting
Turkey
Waiver (ful )
security forces.” In addition, a waiver for DOD “train
Venezuela
Restricted
and equip” assistance helps build capacity to conduct
Yemen
Waiver (partial)
counterterrorism operations against al-Shabaab and
Source: U.S. State Department; Federal Register, 86 FR 57525.
“through cooperation, help reinforce U.S. values
including those related to preventing and responding
Issues for Congress
to the unlawful recruitment and use of child soldiers.”
Country Determinations
The January 2019 CSPA amendment introduced new
annual reporting requirements regarding assistance
Some observers have previously criticized the State
Department’s child soldier country designations for
withheld or provided to CSPA-listed countries. Due to the
timing of this required report (due by June 15 and to be
excluding certain countries that the United Nations, U.S.
included in the annual TIP Report), the State Department
Department of Labor, and other entities described as having
has reported on only partial amounts withheld or provided
child soldiers in their reports. In some cases, these
up to a given point in that fiscal year. In practice, many
discrepancies may arise from differences in reporting
security assistance obligations may take place near the end
timelines or from definitional differences. Notably, the
of the fiscal year and thus would not be captured in this
CSPA does not require the designation of countries in
midyear tally. According to the 2021 TIP Report, as of
which child soldiers were recruited or used by armed
April 5, 2021, waivers for child soldier countries listed in
groups that are not supported by the government. Prior to
the prior year’s TIP Report had up to that point allowed for
its January 2019 amendment, the CSPA also did not require
the obligation of nearly $25 million in otherwise restricted
the designation of countries in which child soldiers were
FY2021 assistance to CSPA-listed countries, while
recruited or used by police or other nonmilitary
$850,000 in FY2021 IMET had been withheld from Mali.
governmental security forces.
Some observers contend that the executive branch has
Michael A. Weber, Analyst in Foreign Affairs
sometimes omitted certain countries from the CSPA list in
IF10901
order to avoid negative impacts to bilateral relations. Media
reporting has occasionally indicated internal State
Department disagreement concerning CSPA list
https://crsreports.congress.gov
Child Soldiers Prevention Act: Security Assistance Restrictions
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10901 · VERSION 11 · UPDATED