PUBLIC LAW 110–340—OCT. 3, 2008 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. 

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 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: 

‘‘§ 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. 

18 USC 1 note. 

Child Soldiers 

Accountability 

Act of 2008. 

Oct. 3, 2008 

[S. 2135] 


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122 STAT. 3736 PUBLIC LAW 110–340—OCT. 3, 2008 

‘‘(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: 

‘‘§ 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) ASYLUM AND WITHHOLDING OF REMOVAL.— 

(1) ISSUANCE OF REGULATIONS.—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 

Deadline. 

8 USC 1158 note. 


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PUBLIC LAW 110–340—OCT. 3, 2008 122 STAT. 3737 

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. 

Æ 

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. 


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