[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.
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``(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:
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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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