Page:United States Statutes at Large Volume 110 Part 4.djvu/734

 110 STAT. 3009-571 PUBLIC LAW 104-208—SEPT. 30, 1996 (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).". 8 USC 1324c (e) EFFECTIVE DATE. —Section 274C(f) of the Immigration and note. 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 IMMIGRA- TION 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

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