[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Enrolled Bill (ENR)]

        S.2135

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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.

    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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.