II Calendar No. 532 110th CONGRESS 1st Session S. 2135 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.

1.

Short title

This Act may be cited as the Child Soldiers Accountability Act of 2007.

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:

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:

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. .

December 11, 2007 Reported with an amendment