§ 1546. Fraud and misuse of visas, permits, and other documents

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 1546

   June 25, 1948, ch. 645, 62 Stat. 771

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 771

2. 1976

   Pub. L. 94–550 § 5 · 90 Stat. 2534

   Inserted · 18 U.S.C. § 1546

   Pub. L. 94–550 inserted “, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true,” after “Whoever knowingly makes under oath” in fourth par

   Source evidence

   Code amendment note
   Pub. L. 94–550 inserted “, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true,” after “Whoever knowingly makes under oath” in fourth par.

   Enacted provision · exact public law section
   Sec. 5. The fourth paragraph of section 1546 of title 18, United States Code, is amended by bisecting immediately after “under oath” the following: “, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, knowingly subscribes as true,”.

3. 1986

   Pub. L. 99–603 title I § 103(a) · 100 Stat. 3359

   1. Amended · 18 U.S.C. § 1546

      Pub. L. 99–603, as amended by Pub. L. 100–525

   2. Substituted · 18 U.S.C. § 1546

      Pub. L. 99–603, as substituted “other documents” for “other entry documents” in section catchline

   3. Amended · 18 U.S.C. § 1546

      Pub. L. 99–603, as designated existing provisions as subsec. (a)

   4. Substituted · 18 U.S.C. § 1546

      Pub. L. 99–603, as substituted “permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States” for “or other document required for entry into the United States” and for “or document” in first par.

   5. Substituted · 18 U.S.C. § 1546

      Pub. L. 99–603, as substituted “in accordance with this title” for “not more than $2,000” in concluding par.

   6. Added · 18 U.S.C. § 1546

      Pub. L. 99–603, as added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 99–603, as amended by Pub. L. 100–525, substituted “other documents” for “other entry documents” in section catchline, designated existing provisions as subsec. (a), substituted “permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States” for “or other document required for entry into the United States” and for “or document” in first par., substituted “in accordance with this title” for “not more than $2,000” in concluding par., and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (a) Application to Additional Documents.— Section 1546 of title 18, United States Code, is amended— (1) by amending the heading to read as follows: “§ 1546. Fraud and misuse of visas, permits, and other documents”; (2) by striking out “or other document required for entry into the United States” in the first paragraph and inserting in lieu thereof “border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States”; (3) by striking out “or document” in the first paragraph and inserting in lieu thereof “border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States”; (4) by striking out “$2,000” and inserting in lieu thereof “in accordance with this title”; (5) by inserting “(a)” before “Whoever” the first place it appears; and (6) by adding at the end the following new subsections: “(b) Whoever uses— “(1) an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor, “(2) an identification document knowing (or having reason to know) that the document is false, or “(3) a false attestation, for the purpose of satisfying a requirement of section 274A(b) of the Ante, p. 3360. Immigration and Nationality Act, shall be fined in accordance with this title, or imprisoned not more than two years, or both. “(c) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).”.

4. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 2(c) · 102 Stat. 2609

   Amended · 18 U.S.C. § 1546

   Pub. L. 100–525 amended Pub. L. 99–603. See 1986 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 100–525 amended Pub. L. 99–603. See 1986 Amendment note below.

   Enacted provision · exact public law section
   (c) Section 103 of IRCA.— Section 103(a)(4) of IRCA is amended by inserting “not more them” immediately before “$2,000”.

5. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 § 3550 · 104 Stat. 4789

   1. Amended · 18 U.S.C. § 1546(a)

      Pub. L. 101–647, § 3550, as amended by Pub. L. 103–322, § 330011(p)

   2. Substituted · 18 U.S.C. § 1546(a)

      Pub. L. 101–647, § 3550, as substituted “Shall be fined under this title” for “Shall be fined in accordance with this title” in concluding par

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–647, § 3550, as amended by Pub. L. 103–322, § 330011(p), substituted “Shall be fined under this title” for “Shall be fined in accordance with this title” in concluding par.

   Enacted provision · exact public law section
   SEC. 3550. CORRECTION TO SECTION 1546. Section 1546(a) of title 18, United States Code, is amended by striking “Shall be fined not more than in accordance with this title” and inserting “Shall be fined under this title”.

6. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330011(p) · 108 Stat. 1796

   Amended · 18 U.S.C. § 1546(a)

   Pub. L. 103–322, § 330011(p), amended directory language of Pub. L. 101–647, § 3550. See 1990 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322, § 330011(p), amended directory language of Pub. L. 101–647, § 3550. See 1990 Amendment note below.

   Enacted provision · exact public law section
   (p) Correction of Directory Language.— Section 3550 of Public Law 101–647 is amended, effective as of the date on which 18 USC 1546. that section took effect, by striking “not more than”.

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 130009(a)(4) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1546(a)

   Pub. L. 103–322, § 130009(a)(4), substituted “10 years” for “five years” in concluding par

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–322, § 130009(a)(4), substituted “10 years” for “five years” in concluding par.

   Enacted provision · exact public law section
   (4) in section 1546(a) by striking “five years” and inserting “10 years”;

8. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 130009(a)(5) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1546(b)

   Pub. L. 103–322, § 130009(a)(5), in concluding provisions, substituted “under this title, imprisoned not more than 5 years” for “in accordance with this title, or imprisoned not more than two years”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–322, § 130009(a)(5), in concluding provisions, substituted “under this title, imprisoned not more than 5 years” for “in accordance with this title, or imprisoned not more than two years”.

   Enacted provision · exact public law section
   (5) in section 1546(b) by striking “in accordance with this title, or imprisoned not more than two years” and inserting “under this title, imprisoned not more than 5 years”; and

9. 1996

   Pub. L. 104–208 div. C title II · 110 Stat. 3009

   1. Substituted · 18 U.S.C. § 1546(a)

      Pub. L. 104–208 substituted “which contains any such false statement or which fails to contain any reasonable basis in law or fact” for “containing any such false statement” in concluding par

   2. Substituted · 18 U.S.C. § 1546(a)

      Pub. L. 104–208 substituted “imprisoned not more than 25 years (if the offense was committed to facilitate 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 trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in concluding par

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–208 substituted “which contains any such false statement or which fails to contain any reasonable basis in law or fact” for “containing any such false statement” in fourth par. and “imprisoned not more than 25 years (if the offense was committed to facilitate 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 trafficking crime), or 15 years (in the case of any other offense)” for “imprisoned not more than 10 years” in concluding par.

   Enacted provision · exact public law
   TITLE II— ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; DOCUMENT FRAUD Subtitle A— Enhanced Enforcement and Penalties Against Alien Smuggling SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF ALIEN SMUGGLING OR DOCUMENT FRAUD. Section 2516(1) of title 18, United States Code, is amended— (1) in paragraph (c), by striking “or section 1992 (relating to wrecking trains)” and inserting “section 1992 (relating to wrecking trains), a felony violation of section 1028 (relating to production of false identification documentation), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), section 1541 (relating to passport issuance without authority), section 1542 (relating to false statements in passport applications), section 1543 (relating to forgery or false use of passports), section 1544 (relating to misuse of passports), or section 1546 (relating to fraud and misuse of visas, permits, and other documents)”; (2) by striking “or” at the end of paragraph (1); (3) by redesignating paragraphs (m), (n), and (o) as paragraphs (n), (o), and (p), respectively; and (4) by inserting after paragraph (1) the following new paragraph: “(m) a violation of section 274, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) (relating to the smuggling of aliens);”. SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING. Section 1961(1) of title 18, United States Code, as amended by section 433 of Public Law 104–132, is amended— (1) by striking “if the act indictable under section 1028 was committed for the purpose of financial gain”; (2) by inserting “section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers),” after “section 1344 (relating to financial institution fraud),”; (3) by striking “if the act indictable under section 1542 was committed for the purpose of financial gain”; (4) by striking “if the act indictable under section 1543 was committed for the purpose of financial gain”; (5) by striking “if the act indictable under section 1544 was committed for the purpose of financial gain”; and (6) by striking “if the act indictable under section 1546 was committed for the purpose of financial gain”. SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING. (a) Commercial Advantage.— Section 274(a)(1)(B)(i) (8 U.S.C. 1324(a)(1)(B)(i)) is amended by inserting “or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain” after “subparagraph (A)(i)”. (b) Additional Offenses.— Section 274(a) (8 U.S.C. 1324(a)) is amended— (1) in paragraph (1)(A)— (A) by striking “or” at the end of clause (iii); (B) by striking the comma at the end of clause (iv) and inserting “; or”; and (C) by adding at the end the following new clause: “(v) (I) engages in any conspiracy to commit any of the preceding acts, or “(II) aids or abets the commission of any of the preceding acts,”; (2) in paragraph (1)(B)— (A) in clause (i), by inserting “or (v)(I)” after “(A)(i)”; (B) in clause (ii), by striking “or (iv)” and inserting “(iv), or(v)(II)”; (C) in clause (iii), by striking “or (iv)” and inserting “(iv), or (v)”; and (D) in clause (iv), by striking “or (iv)” and inserting “(iv), or (v)”; (3) in paragraph (2)(B), by striking “be fined” and all that follows and inserting the following: “be fined under title 18, United States Code, and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.”; and (4) by adding at the end the following new paragraph: “(3) (A) Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. “(B) An alien described in this subparagraph is an alien who— “(i) is an unauthorized alien (as defined in section 274A(h)(3)), and “(ii) has been brought into the United States in violation of this subsection.”. (c) Smuggling of Aliens Who Will Commit Crimes.— Clause (i) of section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to read as follows: “(i) an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year”. (d) Applying Certain Penalties on a Per Alien Basis.— Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking “for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved” and inserting “for each alien in respect to whom a violation of this paragraph occurs”. (e) Sentencing Guidelines.— (1) In general.— Pursuant to its 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 offenders convicted of offenses related to smuggling, transporting, harboring, or inducing aliens in violation of section 274(a) (1)(A) or (2) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance with this subsection. (2) Requirements.— In carrying out this subsection, the Commission shall, with respect to the offenses described in paragraph (1)— (A) increase the base offense level for such offenses at least 3 offense levels above the applicable level in effect on the date of the enactment of this Act; (B) review the sentencing enhancement for the number of aliens involved (U.S.S.G. 2L 1.1(b)(2)), and increase the sentencing enhancement by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act; (C) impose an appropriate sentencing enhancement 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 current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category; (D) impose an additional appropriate sentencing 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 underling conduct as the current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category; (E) impose an appropriate sentencing enhancement on a defendant who, in the course of committing an offense described in this subsection— (i) murders or otherwise causes death, bodily injury, or serious bodily injury to an individual; (ii) uses or brandishes a firearm or other dangerous weapon; or (iii) engages in conduct that consciously or recklessly places another in serious danger of death or serious bodily injury; (F) consider whether a downward adjustment is appropriate if the offense is a first offense and involves the smuggling only of the alien’s spouse or child; and (G) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments. (3) Emergency authority to sentencing commission.— The Commission shall promulgate the guidelines or amendments provided for under 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. (f) 8 USC 1324 note. Effective Date.— This section and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act. SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS. (a) In General.— The number of Assistant United States Attorneys employed by the Department of Justice for the fiscal year 1997 shall be increased by at least 25 above the number of Assistant United States Attorneys that were authorized to be employed as of September 30, 1996. (b) Assignment.— Individuals employed to fill the additional positions described in subsection (a) shall prosecute persons who bring into the United States or harbor illegal aliens or violate other criminal statutes involving illegal aliens. SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY. (a) In General.— Title II is amended by adding at the end the following new section: “Sec. 294. “undercover investigation authority (a) In General.— With respect to any undercover 8 USC 1363a. investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States— “(1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the following provisions of law: “(A) section 3679(a) of the Revised Statutes (31 U.S.C. 1341), “(B) section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), “(C) section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), “(D) the third undesignated paragraph under the heading ‘Miscellaneous’ of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34), “(E) section 3648 of the Revised Statutes (31 U.S.C. 3324), “(F) section 3741 of the Revised Statutes (41 U.S.C. 22), and “(G) subsections (a) and (c) of section 304 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c)); “(2) sums appropriated for the Service may be used to establish or to acquire proprietary corporations or business entities as part of an undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to the provisions of section 304 of the Government Corporation Control Act (31 U.S.C. 9102); “(3) sums appropriated for the Service, and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18, United States Code, and of section 3639 of the Revised Statutes (31 U.S.C. 3302); and “(4) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3617 of the Revised Statutes (31 U.S.C. 3302). The authority set forth in this subsection may be exercised only upon written certification of the Commissioner, in consultation with the Deputy Attorney General, that any action authorized by paragraph (1), (2), (3), or (4) is necessary for the conduct of the undercover operation. “(b) Disposition of Proceeds No Longer Required.— As soon as practicable after the proceeds from an undercover investigative operation, carried out under paragraphs (3) and (4) of subsection (a), are no longer necessary for the conduct of the operation, the proceeds or the balance of the proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. “(c) Disposition of Certain Corporations and Business Entities.— If a corporation or business entity established or acquired as part of an undercover operation under paragraph (2) of subsection (a) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or Commissioner’s designee determines practicable, shall report the circumstances to the Attorney General, the Director of the Office of Management and Budget, and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. “(d) Financial Audits.— The Service shall conduct detailed financial audits of closed undercover operations on a quarterly basis and shall report the results of the audits in writing to the Deputy Attorney General.”. (b) Clerical Amendment.— The table of contents is amended by inserting after the item relating to section 293 the following: “Sec. 294. Undercover investigation authority.”. Subtitle B— Deterrence of Document Fraud SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF GOVERNMENT-ISSUED DOCUMENTS. (a) Fraud and Misuse of Government-Issued Identification Documents.— (1) Section 1028(b) of title 18, United States Code, is amended— (A) in paragraph (1), by inserting “except as provided in paragraphs (3) and (4),” after “(1)” and by striking “five years” and inserting “15 years”; (B) in paragraph (2), by inserting “except as provided in paragraphs (3) and (4),” after “(2)” and by striking “and” at the end; (C) by redesignating paragraph (3) as paragraph (5); and (D) by inserting after paragraph (2) the following 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 terrorism (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 facilitate 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 trafficking crime), or 15 years (in the case of any other offense)”. (b) 28 USC 994 note. Changes to the Sentencing Levels.— (1) In general.— Pursuant to the Commission’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 offenders 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 subsection, the Commission shall, with respect to the offenses 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 upward adjustment by at least 50 percent above the applicable enhancement in effect on the date of the enactment of this Act; (C) impose an appropriate sentencing enhancement 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 current offense, to be applied in addition to any sentencing enhancement that would otherwise apply pursuant to the calculation of the defendant’s criminal history category; (D) impose an additional appropriate sentencing 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 calculation of the defendant’s criminal history category; and (E) consider whether any other aggravating or mitigating circumstances warrant upward or downward sentencing adjustments. (3) Emergency authority to sentencing commission.— The Commission shall promulgate the guidelines or amendments provided for under 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 amendments made 18 USC 1028 note. by this section shall apply with respect to offenses 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 benefit under this Act”; (2) in paragraph (2), by inserting before the comma at the end the following: “or to obtain a benefit 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; (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 preparing 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 reckless 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 eligibility 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.”. (b) Definition of Falsely Make.— Section 274C (8 U.S.C. 1324c), as amended by section 213 of this division, is further amended by adding at the end the following 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 contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise 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 document used, accepted, or created and each instance of use, acceptance, or creation” each place it appears and inserting “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 knowingly violates subsection (a)(6) if the alien is granted asylum under section 208 or withholding of deportation under section 243(h).”. (e) 8 USC 1324c note. Effective Date.— Section 274C(f) of the Immigration 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 DISCLOSE ROLE AS PREPARER OF FALSE APPLICATION 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 Disclose Role as Document Preparer.— (1) Whoever, in any matter within the jurisdiction of the Service, knowingly 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 preparing 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, imprisoned 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 application. “(2) Whoever, having been convicted of a violation of paragraph (1), knowingly and willfully prepares or assists 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 jurisdiction 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 assisting in preparing any other such application.”. SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING 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 reasonable basis in law or fact”. SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP. Section 1015 of title 18, United States Code, is amended— (1) by striking the dash at the end of paragraph (d) and inserting “; or”, and (2) by inserting after paragraph (d) the following: “(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 employment 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 referendum)—”. 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— “(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 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, vehicle, 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), 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; or “(II) that is used to facilitate, or is intended to be used to facilitate, the commission of a violation of, or a conspiracy to violate, subsection (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. The court, in imposing sentence on such person, shall order that the person forfeit to the United States all property described in this subparagraph. “(B) The criminal forfeiture of property under subparagraph (A), including any seizure and disposition of the property and any related administrative or judicial proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and (d) of such section 413.”. SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE. (a) Amendments to Title 18.— Sections 1581, 1583, 1584, and 1588 of title 18, United States Code, are amended by striking “five” each place it appears and inserting “10”. (b) 28 USC 994 note. Review of Sentencing Guidelines.— The United States Sentencing Commission shall ascertain whether there exists an unwarranted disparity— (1) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for kidnapping offenses in effect on the date of the enactment of this Act; and (2) between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for alien smuggling offenses in effect on the date of the enactment of this Act and after the amendment made by subsection (a). (c) Amendment of Sentencing Guidelines.— (1) In general.— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review its guidelines on sentencing for peonage, involuntary servitude, and slave trade offenses under sections 1581 through 1588 of title 18, United States Code, and shall amend such guidelines as necessary to— (A) reduce or eliminate any unwarranted disparity found under subsection (b) that exists between the sentences for peonage, involuntary servitude, and slave trade offenses, and the sentences for kidnapping offenses and alien smuggling offenses; (B) ensure that the applicable guidelines for defendants convicted of peonage, involuntary servitude, and slave trade offenses are sufficiently stringent to deter such offenses and adequately reflect the heinous nature of such offenses; and (C) ensure that the guidelines reflect the general appropriateness of enhanced sentences for defendants whose peonage, involuntary servitude, or slave trade offenses involve— (i) a large number of victims; (ii) the use or threatened use of a dangerous weapon; or (iii) a prolonged period of peonage or involuntary servitude. (2) Emergency authority to sentencing commission.— The Commission shall promulgate the guidelines or amendments provided for under 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. (d) Effective Date.— This section and the amendments made 18 USC 1581 note. by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act. SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY. Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof the following new subsection: “(d) Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.”. SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT. Section 274C(d)(1) (8 U.S.C. 1324c(d)(D) is amended— (1) by striking “and” at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting “, and”; and (3) by inserting after subparagraph (B) the following: “(C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the filing of a complaint in a case under paragraph (2).”.

   Effective date note
   Amendment by section 211(a)(2) of Pub. L. 104–208 applicable with respect to offenses occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104–208, set out as a note under section 1028 of this title.

10. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 title VI § 607(m) · 110 Stat. 3488

    Inserted · 18 U.S.C. § 1546(c)

    Pub. L. 104–294 inserted at end “For purposes of this section, the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–294 inserted at end “For purposes of this section, the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”

    Enacted provision · exact public law section
    (m) Section 1546(c) of title 18, United States Code, is amended by adding at the end the following: “For purposes of this section, the term ‘State’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.”.

11. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(a)(3) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 1546(a)

    Pub. L. 107–273 substituted “to facilitate” for “to facility” in concluding par

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–273 substituted “to facilitate” for “to facility” in concluding par.

    Enacted provision · exact public law section
    (a) Missing and Incorrect Words.— (1) Correction of garbled sentence.— Section 510(c) of title 18, United States Code, is amended by striking “fine of under this title” and inserting “fine under this title”. (2) Insertion of missing words.— Section 981(d) of title 18, United States Code, is amended by striking “proceeds from the sale of this section” and inserting “proceeds from the sale of such property under this section”. (4) Correction of incorrect word.— Sections 1425 through 1427,1541 through 1544 and 1546(a) of title 18, United States Code, are each amended by striking “to facility” and inserting “to facilitate”. (5) Correcting erroneous amendatory language on executed amendment.— Effective on the date of the enactment of Public Law 103-322, section 60003(a)(13) of such public law is amended by striking “$1,000,000 or imprisonment” and inserting “$1,000,000 and imprisonment”. (5) Correction of reference to short title of law.— That section 2332d(a) of title 18, United States Code, which relates to financial transactions is amended by inserting “of 1979” after “Export Administration Act”. (6) Elimination of typographical error.— Section 1992(b) of title 18, United States Code, is amended by striking “term or years” and inserting “term of years”. (7) Spelling correction.— Section 2339A(a) of title 18,United States Code, is amended by striking “or an escape” and inserting “of an escape”. (8) Section 3553.— Section 3553(e) of title 18, United States Code, is amended by inserting “a” before “minimum”. (9) Misspelling in section 205.— Section 205(d)(1)(B) of title 18, United States Code, is amended by striking “groups’s” and inserting “group’s”. (10) Conforming change and inserting missing word in section 709.— The paragraph in section 709 of title 18, United States Code, that begins with “A person who” is amended— (A) by striking “A person who” and inserting “Who-ever”; and (B) by inserting “or” after the semicolon at the end. (11) Error in language being stricken.— Effective on the date of its enactment, section 726(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) is amended— (A) in subparagraphs (C) and (E), by striking “section” the first place it appears; and (B) in subparagraph (G), by striking “relating to” the first place it appears.

15 of 18 references resolved to an enrolled provision · 3 partial