[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2135 Reported in Senate (RS)]
Calendar No. 532
110th CONGRESS
1st Session
S. 2135
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 3, 2007
Mr. Durbin (for himself, Mr. Coburn, Mr. Feingold, Mr. Brownback, Mr.
Dodd, Mr. Obama, Mr. Kerry, Mr. Menendez, and Mrs. Lincoln) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
December 11, 2007
Reported by Mr. Leahy, with an amendment
[Insert the part printed in italic]
_______________________________________________________________________
A BILL
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
2007''.
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.--Any person who knowingly recruits, enlists, or
conscripts a person under 15 years of age into an armed force or group
or knowingly uses a person under 15 years of age to participate
actively in hostilities--
``(1) shall be fined under this title, imprisoned not more
than 20 years, or both; and
``(2) if the death of any person results, shall be fined
under this title and imprisoned for any term of years or for
life.
``(b) Attempt and Conspiracy.--Any person who attempts or conspires
to commit an offense under this section shall be punished in the same
manner as a person who completes the offense.
``(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 scouting, spying, sabotage, and
serving as a decoy, a courier, or at a military
checkpoint; or
``(B) direct support functions related to combat,
including taking supplies to the front line and other
services at the front line.
``(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.''.
(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 committed, ordered, incited, assisted, or
otherwise participated in the commission of 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 described in section 212(a)(3)(G) is
deportable.''.
(d) Withholding of Removal.--Section 241(b)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended by
adding at the end the following: ``For purposes of clause (iii), an
alien who is removable under section 237(a)(4)(F) or inadmissible under
section 212(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.''.
(e) Asylum.--Section 208(b)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1158(b)(2)(B) is amended by adding at the end
the following:
``(iii) Recruitment and use of child
soldiers.--For purposes of clause (iii) of
subparagraph (A), an alien who is removable
under section 237(a)(4)(F) or inadmissible
under section 212(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.''.
Calendar No. 532
110th CONGRESS
1st Session
S. 2135
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
December 11, 2007
Reported with an amendment