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(C) by redesignating paragraph (3) as para-
graph (5); and
(D) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
‘‘(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
committed to facilitate an act of international terror-
ism (as defined in section 2331(1) of this title);
and’’.
(2) Sections 1425 through 1427, sections 1541
through 1544, and section 1546(a) of title 18, United
States Code, are each amended by striking ‘‘imprisoned
not more’’ and all that follows through ‘‘years’’ each place
it appears and inserting the following: ‘‘imprisoned not
more than 25 years (if the offense was committed to facili-
tate an act of international terrorism (as defined in section
2331 of this title)), 20 years (if the offense was committed
to facilitate a drug trafficking crime (as defined in section
929(a) of this title)), 10 years (in the case of the first
or second such offense, if the offense was not committed
to facility such an act of international terrorism or a drug
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trafficking crime), or 15 years (in the case of any other
offense)’’.
(b) CHANGES TO THE SENTENCING LEVELS.—
(1) IN
GENERAL.—Pursuant to the Commis-
sion’s authority under section 994(p) of title 28,
United States Code, the United States Sentencing
Commission shall promulgate sentencing guidelines
or amend existing sentencing guidelines for offend-
ers convicted of violating, or conspiring to violate,
sections 1028(b)(1), 1425 through 1427, 1541
through 1544, and 1546(a) of title 18, United
States Code, in accordance with this subsection.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses referred to in paragraph (1)—
(A) increase the base offense level for such
offenses at least 2 offense levels above the level
in effect on the date of the enactment of this
Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the up-
ward adjustment by at least 50 percent above
the applicable enhancement in effect on the
date of the enactment of this Act;
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(C) impose an appropriate sentencing en-
hancement upon an offender with 1 prior felony
conviction arising out of a separate and prior
prosecution for an offense that involved the
same or similar underlying conduct as the cur-
rent offense, to be applied in addition to any
sentencing enhancement that would otherwise
apply pursuant to the calculation of the defend-
ant’s criminal history category;
(D) impose an additional appropriate sen-
tencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underlying
conduct as the current offense, to be applied in
addition to any sentencing enhancement that
would otherwise apply pursuant to the calcula-
tion of the defendant’s criminal history cat-
egory; and
(E) consider whether any other aggravat-
ing or mitigating circumstances warrant up-
ward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING
COMMISSION.—The Commission shall promulgate
the guidelines or amendments provided for under
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this subsection as soon as practicable in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority
under that Act had not expired.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL
PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8
U.S.C. 1324c(a)) is amended—
(1) in paragraph (1), by inserting before the
comma at the end the following: ‘‘or to obtain a ben-
efit under this Act’’;
(2) in paragraph (2), by inserting before the
comma at the end the following: ‘‘or to obtain a ben-
efit under this Act’’;
(3) in paragraph (3)—
(A) by inserting ‘‘or with respect to’’ after
‘‘issued to’’;
(B) by adding before the comma at the end
the following: ‘‘or obtaining a benefit under this
Act’’; and
(C) by striking ‘‘or’’ at the end;
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(4) in paragraph (4)—
(A) by inserting ‘‘or with respect to’’ after
‘‘issued to’’;
(B) by adding before the period at the end
the following: ‘‘or obtaining a benefit under this
Act’’; and
(C) by striking the period at the end and
inserting ‘‘, or’’; and
(5) by adding at the end the following new
paragraphs:
‘‘(5) to prepare, file, or assist another in pre-
paring or filing, any application for benefits under
this Act, or any document required under this Act,
or any document submitted in connection with such
application or document, with knowledge or in reck-
less disregard of the fact that such application or
document was falsely made or, in whole or in part,
does not relate to the person on whose behalf it was
or is being submitted, or
‘‘(6)(A) to present before boarding a common
carrier for the purpose of coming to the United
States a document which relates to the alien’s eligi-
bility to enter the United States, and (B) to fail to
present such document to an immigration officer
upon arrival at a United States port of entry.’’.
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(b) DEFINITION OF FALSELY MAKE.—Section 274C
(8 U.S.C. 1324c), as amended by section 213 of this divi-
sion, is further amended by adding at the end the follow-
ing new subsection:
‘‘(f) FALSELY MAKE.—For purposes of this section,
the term ‘falsely make’ means to prepare or provide an
application or document, with knowledge or in reckless
disregard of the fact that the application or document con-
tains a false, fictitious, or fraudulent statement or mate-
rial representation, or has no basis in law or fact, or other-
wise fails to state a fact which is material to the purpose
for which it was submitted.’’.
(c) CONFORMING AMENDMENT.—Section 274C(d)(3)
(8 U.S.C. 1324c(d)(3)) is amended by striking ‘‘each doc-
ument used, accepted, or created and each instance of use,
acceptance, or creation’’ each place it appears and insert-
ing ‘‘each document that is the subject of a violation under
subsection (a)’’.
(d) WAIVER
BY
ATTORNEY
GENERAL.—Section
274C(d) (8 U.S.C. 1324c(d)) is amended by adding at the
end the following new paragraph:
‘‘(7) WAIVER
BY
ATTORNEY
GENERAL.—The
Attorney General may waive the penalties imposed
by this section with respect to an alien who know-
ingly violates subsection (a)(6) if the alien is granted
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asylum under section 208 or withholding of deporta-
tion under section 243(h).’’.
(e) EFFECTIVE DATE.—Section 274C(f) of the Immi-
gration and Nationality Act, as added by subsection (b),
applies to the preparation of applications before, on, or
after the date of the enactment of this Act.
SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS PREPARER OF FALSE APPLI-
CATION FOR IMMIGRATION BENEFITS.
Section 274C (8 U.S.C. 1324c) is amended by adding
at the end the following new subsection:
‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS-
CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in
any matter within the jurisdiction of the Service, know-
ingly and willfully fails to disclose, conceals, or covers up
the fact that they have, on behalf of any person and for
a fee or other remuneration, prepared or assisted in pre-
paring an application which was falsely made (as defined
in subsection (f)) for immigration benefits, shall be fined
in accordance with title 18, United States Code, impris-
oned for not more than 5 years, or both, and prohibited
from preparing or assisting in preparing, whether or not
for a fee or other remuneration, any other such applica-
tion.
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‘‘(2) Whoever, having been convicted of a violation
of paragraph (1), knowingly and willfully prepares or as-
sists in preparing an application for immigration benefits
pursuant to this Act, or the regulations promulgated
thereunder, whether or not for a fee or other remuneration
and regardless of whether in any matter within the juris-
diction of the Service, shall be fined in accordance with
title 18, United States Code, imprisoned for not more than
15 years, or both, and prohibited from preparing or assist-
ing in preparing any other such application.’’.
SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENT-
ING DOCUMENT WHICH FAILS TO CONTAIN
REASONABLE BASIS IN LAW OR FACT.
The fourth paragraph of section 1546(a) of title 18,
United States Code, is amended by striking ‘‘containing
any such false statement’’ and inserting ‘‘which contains
any such false statement or which fails to contain any rea-
sonable basis in law or fact’’.
SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI-
ZENSHIP.
Section 1015 of title 18, United States Code, is
amended—
(1) by striking the dash at the end of para-
graph (d) and inserting ‘‘; or’’, and
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(2) by inserting after paragraph (d) the follow-
ing:
‘‘(e) Whoever knowingly makes any false statement
or claim that he is, or at any time has been, a citizen
or national of the United States, with the intent to obtain
on behalf of himself, or any other person, any Federal or
State benefit or service, or to engage unlawfully in employ-
ment in the United States; or
‘‘(f) Whoever knowingly makes any false statement
or claim that he is a citizen of the United States in order
to register to vote or to vote in any Federal, State, or
local election (including an initiative, recall, or referen-
dum)—’’.
SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN
FEDERAL ELECTION.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after section 610 the following:
‘‘§ 611. Voting by aliens
‘‘(a) It shall be unlawful for any alien to vote in any
election held solely or in part for the purpose of electing
a candidate for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the
House of Representatives, Delegate from the District of
Columbia, or Resident Commissioner, unless—
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‘‘(1) the election is held partly for some other
purpose;
‘‘(2) aliens are authorized to vote for such other
purpose under a State constitution or statute or a
local ordinance; and
‘‘(3) voting for such other purpose is conducted
independently of voting for a candidate for such
Federal offices, in such a manner that an alien has
the opportunity to vote for such other purpose, but
not an opportunity to vote for a candidate for any
one or more of such Federal offices.
‘‘(b) Any person who violates this section shall be
fined under this title, imprisoned not more than one year,
or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 29 of title 18, United States
Code, is amended by inserting after the item relating to
section 610 the following new item:
‘‘611. Voting by aliens.’’.
SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982(a) of title 18, United States Code, is
amended by inserting after paragraph (5) the following
new paragraph:
‘‘(6)(A) The court, in imposing sentence on a person
convicted of a violation of, or conspiracy to violate, section
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1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of
this title, or a violation of, or conspiracy to violate, section
1028 of this title if committed in connection with passport
or visa issuance or use, shall order that the person forfeit
to the United States, regardless of any provision of State
law—
‘‘(i) any conveyance, including any vessel, vehi-
cle, or aircraft used in the commission of a violation
of, or a conspiracy to violate, subsection (a); and
‘‘(ii) any property real or personal—
‘‘(I) that constitutes, or is derived from or
is traceable to the proceeds obtained directly or
indirectly from the commission of a violation of,
or a conspiracy to violate, subsection (a), sec-
tion 274A(a)(1) or 274A(a)(2) of the Immigra-
tion and Nationality Act, or section 1028,
1425, 1426, 1427, 1541, 1542, 1543, 1544, or
1546 of this title; or
‘‘(II) that is used to facilitate, or is in-
tended to be used to facilitate, the commission
of a violation of, or a conspiracy to violate, sub-
section (a), section 274A(a)(1) or 274A(a)(2) of
the Immigration and Nationality Act, or section
1028, 1425, 1426, 1427, 1541, 1542, 1543,
1544, or 1546 of this title.