12 2 STA T .507 1 PUBLIC LA W 110 –4 57 —DE C.2 3, 200 8‘ ‘ §135 1 .Fraudinfo r e i g n l a b or c on t racting ‘ ‘ Whoev e rkn o wi n glya n d wi t h intent to de f ra u dre c ruit s, solicits or hires a p erson outside the U nited S tates for purposes of e m ploy - ment in the United States b y means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both .’ ’
and (3) in the table of sections, by inserting after the item relating to section 1 35 0 the following
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‘ 135 1 .Fraudinfo r e i g n l a b or c on t racting. ’ ’. (f) TIGHTEN ING IM MIG RA TI O N P ROHI B ITION S . — (1) G RO U N D O F INADMISSIBI L IT Y FOR TRAFFI CK ING.—Section 2 12(a)(2)( H )(i) of the Immigration and N ationality A ct( 8 U.S. C . 1182(a)(2)(H)(i)) is amended by striking ‘‘who is listed in a report submitted pursuant to section 111(b) of the Trafficking V ictims Protection Act of 2000’’ and inserting ‘‘who commits or conspires to commit human trafficking offenses in the United States or outside the United States’’. (2) GROUND OF REMO V ABILITY.—Section 23 7 (a)(2) of such Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ‘‘( F ) TRAFFICKING.—Any alien described in section 212(a)(2)(H) is deportable.’’. (g) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its authority under section 9 9 4 of title 28, United States Code, the United States Sentencing Commission shall review and, if appro- priate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien harboring to ensure con- formity with the sentencing guidelines applicable to persons con- victed of promoting a commercial se x act if— (1) the harboring was committed in furtherance of prostitu- tion; and (2) the defendant to be sentenced is an organi z er, leader, manager, or supervisor of the criminal activity. SEC.2 2 3 . JURI S D IC T I ON IN CERT A IN TRA F FIC K IN G OFFENSES. (a) IN GENERAL.—Chapter 77 of title 18, United States Code, is amended by adding at the end the following: ‘‘§ 15 96 . A dditional j uri s diction in certain traffic k ing offenses ‘‘(a) IN GENERAL.—In addition to any domestic or extra-terri- torial j urisdiction otherwise provided by law, the courts of the United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if— ‘‘(1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nation- ality Act (8 U.S.C. 1101)); or ‘‘(2) an alleged offender is present in the United States, irrespective of the nationality of the alleged offender. ‘‘(b) L IMITATION ON PROSECUTIONS OF O FFENSES PROSECUTED IN OTHER COUNTRIES.—No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such 28USC9 9 4note.
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