Child Soldiers Accountability Act of 2008
PL 110-340 (S.2135), enacted 10/03/2008

122 STAT. 3735 
PUBLIC LAW 110–340—OCT. 3, 2008 
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 Nation-
ality 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 assem-
bled 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 Nation-
ality 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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122 STAT. 3737 
PUBLIC LAW 110–340—OCT. 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. 
serious reasons to believe that the alien committed a serious 
nonpolitical crime. 
(2) AUTHORITY TO WAIVE CERTAIN REGULATORY REQUIRE-
MENTS.—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 publica-
tion 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 compli-
ance with any such requirement would impede the expeditious 
implementation of such paragraph. 
Approved October 3, 2008. 
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