Page:United States Statutes at Large Volume 110 Part 4.djvu/733

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -570 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 by this section shall apply with respect to offenses occurring on note. 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)—

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