[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