[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                     September 8, 2008.
    Resolved, That the bill from the Senate (S. 2135) entitled ``An Act 
to prohibit the recruitment or use of child soldiers, to designate 
persons who recruit or use child soldiers as inadmissible aliens, to 
allow the deportation of persons who recruit or use child soldiers, and 
for other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Soldiers Accountability Act of 
2008''.

SEC. 2. ACCOUNTABILITY FOR THE RECRUITMENT AND USE OF CHILD SOLDIERS.

    (a) Crime for Recruiting or Using Child Soldiers.--
            (1) In general.--Chapter 118 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 2442. Recruitment or use of child soldiers
    ``(a) Offense.--Whoever knowingly--
            ``(1) recruits, enlists, or conscripts a person to serve 
        while such person is under 15 years of age in an armed force or 
        group; or
            ``(2) uses a person under 15 years of age to participate 
        actively in hostilities;
knowing such person is under 15 years of age, shall be punished as 
provided in subsection (b).
    ``(b) Penalty.--Whoever violates, or attempts or conspires to 
violate, subsection (a) shall be fined under this title or imprisoned 
not more than 20 years, or both and, if death of any person results, 
shall be fined under this title and imprisoned for any term of years or 
for life.
    ``(c) Jurisdiction.--There is jurisdiction over an offense 
described in subsection (a), and any attempt or conspiracy to commit 
such offense, if--
            ``(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.
    ``(d) Definitions.--In this section:
            ``(1) Participate actively in hostilities.--The term 
        `participate actively in hostilities' means taking part in--
                    ``(A) combat or military activities related to 
                combat, including sabotage and serving as a decoy, a 
                courier, or at a military checkpoint; or
                    ``(B) direct support functions related to combat, 
                including transporting supplies or providing other 
                services.
            ``(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:
``Sec. 3300. Recruitment or use of child soldiers
    ``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.''.
            (3) Clerical amendment.--Title 18, United States Code, is 
        amended--
                    (A) in the table of sections for chapter 118, by 
                adding at the end the following:

``2442. Recruitment or use of child soldiers.'';
                and
                    (B) in the table of sections for chapter 213, by 
                adding at the end the following:

``3300. Recruitment or use of child soldiers.''.
    (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:
                    ``(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.''.
    (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:
                    ``(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.''.
    (d) Asylum and Withholding of Removal.--
            (1) Issuance of regulations.--Not later than 60 days after 
        the date of enactment of this Act, the Attorney General and the 
        Secretary of Homeland Security shall promulgate final 
        regulations establishing that, for purposes of sections 
        241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 
        1158(b)(2)(A)(iii)), an alien who is deportable under section 
        237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or 
        inadmissible under section 212(a)(3)(G) of such Act (8 U.S.C. 
        1182(a)(3)(G)) shall be considered an alien with respect to 
        whom there are serious reasons to believe that the alien 
        committed a serious nonpolitical crime.
            (2) Authority to waive certain regulatory requirements.--
        The requirements of chapter 5 of title 5, United States Code 
        (commonly referred to as the ``Administrative Procedure Act''), 
        chapter 35 of title 44, United States Code (commonly referred 
        to as the ``Paperwork Reduction Act''), or any other law 
        relating to rulemaking, information collection, or publication 
        in the Federal Register, shall not apply to any action to 
        implement paragraph (1) to the extent the Attorney General or 
        the Secretary Homeland of Security determines that compliance 
        with any such requirement would impede the expeditious 
        implementation of such paragraph.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                S. 2135

_______________________________________________________________________

                               AMENDMENT