Sec. 401. Dangerous human smuggling, human trafficking, and human rights violations
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Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended— in paragraph (1)(B)— by redesignating clauses
(iii)and
(iv)as clauses
(vi)and (vii), respectively; in clause (vi), as redesignated, by inserting for not less than 10 years and before not more than 20 years, ; and by inserting after clause
(ii)the following: in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or
(v)that is the third or subsequent violation committed by such person under this section, shall be fined under title 18, imprisoned for not less than 5 years and not more than 25 years, or both; in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or
(v)that recklessly, knowingly, or intentionally results in a victim being involuntarily forced into labor or prostitution, shall be fined under title 18, imprisoned for not less than 5 years and not more than 25 years, or both; in the case of a violation of subparagraph (A)(i),(ii),(iii),(iv),or
(v)during and in relation to which any person is subjected to an involuntary sexual act (as defined in section 2246(2) of title 18), be fined under title 18, imprisoned for not less than 5 years and not more than 25 years, or both; and by adding at the end the following: Any person who, knowing that a person is an alien in unlawful transit from one country to another or on the high seas, transports, moves, harbors, conceals, or shields from detection such alien outside of the United States when the alien is seeking to enter the United States without official permission or legal authority, shall for, each alien in respect to whom a violation of this paragraph occurs, be fined under title 18, United States Code, imprisoned not more than 10 years, or both. . Section 274(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1324(b)(1) ) is amended to read as follows: Any property, real or personal, involved in or used to facilitate the commission of a violation or attempted violation of subsection (a), the gross proceeds of such violation or attempted violation, and any property traceable to such property or proceeds, shall be seized and subject to forfeiture. . Chapter 213 of title 18, United States Code, is amended by adding at the end the following: Unless the indictment is found or the information is instituted within 10 years after the commission of the offense, no person shall be prosecuted, tried, or punished for a violation of any provision of section 1001, 1015, 1546, or 1621, or for attempt or conspiracy to violate any of such provisions, when the violation, attempt, or conspiracy concerns the alleged offender’s— participation, at any time, at any place, and irrespective of the nationality of the alleged offender or any victim, in a human rights violation or war crime; or membership in, service in, or authority over, a military, paramilitary, or police organization that participated in such conduct during any part of any period in which the alleged offender was a member of, served in, or had authority over, the organization. For purposes of this section— the term extrajudicial killing under color of foreign law means conduct specified in section 212(a)(3)(E)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(E)(iii) ); the term female genital mutilation means conduct described in section 116; the term genocide means conduct described in section 1091(a); the term human rights violation or war crime means genocide, incitement to genocide, war crimes, torture, female genital mutilation, extrajudicial killing under color of foreign law, persecution, particularly severe violations of religious freedom by a foreign government official, or the use or recruitment of child soldiers; the term incitement to genocide means conduct described in section 1091(c); the term particularly severe violations of religious freedom has the meaning given such term in section 3(13) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6402(13) ); the term persecution means conduct described in section 208(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A)(i) ); the term torture means conduct described in paragraph
(1)or
(2)of section 2340; the term use or recruitment of child soldiers means conduct described in section 2442(a); and the term war crimes means conduct described in section 2441. . The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following: 3302. Fraud in connection with certain human rights violations or war crimes. . The amendments made by this section shall apply to any offense committed on or after the date of the enactment of this Act.
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Sec. 401
Dangerous human smuggling, human trafficking, and human rights violations
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