TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN
SMUGGLING; DOCUMENT FRAUD

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) 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

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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
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) 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:

``Sec. 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) Review of Sentencing Guidelines.--The United States
Sentencing Commission shall ascertain whether there exists an
unwarranted disparity--

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(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
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)(1)) 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).''.