[110th Congress Public Law 340]
[From the U.S. Government Printing Office]


[DOCID: f:publ340.110]

[[Page 122 STAT. 3735]]

Public Law 110-340
110th Congress

                                 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. <<NOTE: Oct. 3, 2008 -  [S. 2135]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child 
Soldiers Accountability Act of 2008.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>> 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.

[[Page 122 STAT. 3736]]

    ``(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) <<NOTE: 8 USC 1158 note.>> Asylum and Withholding of Removal.--
            (1) Issuance of regulations.-- <<NOTE: Deadline.>> 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

[[Page 122 STAT. 3737]]

        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.

    Approved October 3, 2008.

LEGISLATIVE HISTORY--S. 2135:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Dec. 19, considered and passed 
                                        Senate.
                                                        Vol. 154 (2008):
                                    Sept. 8, considered and passed 
                                        House, amended.
                                    Sept. 15, Senate concurred in House 
                                        amendment.

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