1429
(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
1430
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.
1431
‘‘(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
1432
(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—
1433
‘‘(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
1440
‘‘(ii) has been absent from the United States
for a continuous period in excess of 180 days,
‘‘(iii) has engaged in illegal activity after having
departed the United States,
‘‘(iv) has departed from the United States while
under legal process seeking removal of the alien
from the United States, including removal proceed-
ings under this Act and extradition proceedings,
‘‘(v) has committed an offense identified in sec-
tion 212(a)(2), unless since such offense the alien
has been granted relief under section 212(h) or
240A(a), or
‘‘(vi) is attempting to enter at a time or place
other than as designated by immigration officers or
has not been admitted to the United States after in-
spection and authorization by an immigration offi-
cer.’’.
(b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE-
MOVED AND UNLAWFULLY PRESENT.—
(1) IN
GENERAL.—Section 212(a) (8 U.S.C.
1182(a)) is amended by redesignating paragraph (9)
as paragraph (10) and by inserting after paragraph
(8) the following new paragraph:
‘‘(9) ALIENS PREVIOUSLY REMOVED.—