,,ii #aaith ,,congress #b;d ,session ,s4 #dedg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjbf,mr4 ,schmitt introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to strengthen requirements for naturalization1 to require instruction on the oath of allegiance and the principles of the ,constitution1 to establish consequences for fraud and concealment in the naturalization process1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,america ,first ,citizenship and ,allegiance ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,purposes4,sec4 #d4 ,definitions4,sec4 #e4 ,strengthening civics and ,english requirements for naturalization4,sec4 #f4 ,attachment to the principles of the ,constitution and allegiance to the ,united ,states4,sec4 #g4 ,instruction on the oath of allegiance4,sec4 #h4 ,consequences for fraud1 concealment1 false statements1 and abuse of the naturalization process4,sec4 #i4 ,preservation of denaturalization authorities4,sec4 #aj4 ,criminal penalties for naturalization fraud and false statements4,sec4 #aa4 ,america #bej ,citizenship ,initiative4,sec4 #ab4 ,annual report to ,congress4,sec4 #ac4 ,regulations4,sec4 #ad4 ,rule of construction4,sec4 #ae4 ,severability4,sec4 #af4 ,effective date4 #b4 ,findings ,congress finds the following3 7#a7 ,american citizenship is not merely an administrative status1 immigration benefit1 welfare ticket1 or entitlement to public resources4 7#b7 ,american citizenship is membership in the ,american political community4 7#c7 ,american citizenship carries rights1 privileges1 duties1 and obligations1 including allegiance to the ,united ,states1 fidelity to the ,constitution of the ,united ,states1 obedience to the laws of the ,united ,states1 and attachment to the principles of republican self-government4 7#d7 ,the ,united ,states is a sovereign ,nation with the inherent authority to determine who may join the ,nation as a citizen4 7#e7 ,naturalization is the formal act by which an alien is admitted into the ,american people and assumes the obligations of ,american citizenship4 7#f7 ,naturalization is not a ministerial transaction4 ,it is a solemn act of allegiance to the ,united ,states4 7#g7 ,an applicant for naturalization must demonstrate more than physical presence1 technical eligibility1 or completion of paperwork4 7#h7 ,an applicant for naturalization must demonstrate good moral character1 attachment to the principles of the ,constitution of the ,united ,states1 and favorable disposition toward the good order and happiness of the ,united ,states4 7#i7 ,the oath of allegiance is not ceremonial language alone4 ,it is the formal promise by which a new citizen renounces prior political allegiance1 pledges true faith and allegiance to the ,united ,states1 and accepts the duties of ,american citizenship4 7#aj7 ,a person who seeks naturalization should understand the ,english language1 the ,declaration of ,independence1 the ,constitution of the ,united ,states1 the ,bill of ,rights1 the rule of law1 separation of powers1 ,federalism1 equal citizenship1 religious liberty1 freedom of speech1 and the duties of citizenship4 7#aa7 ,a person who knowingly engages in1 incites1 prepares1 plans1 assists1 or provides material support for terrorism1 violent revolution1 political violence1 the overthrow of constitutional government1 transnational criminal organizations1 cartels1 or criminal gangs is not attached to the principles of the ,constitution of the ,united ,states and is not well disposed to the good order and happiness of the ,united ,states4 7#ab7 ,a person who knowingly acts as an agent1 representative1 or instrumentality of a foreign power1 or knowingly acts under the direction or control of a foreign power1 in a manner materially inconsistent with allegiance to the ,united ,states1 is not attached to the principles of the ,constitution of the ,united ,states and is not well disposed to the good order and happiness of the ,united ,states4 7#ac7 ,fraud1 concealment1 false statements1 false identity1 fraudulent documents1 unlawful voting1 obstruction of background checks1 and concealment of criminal1 terrorist1 gang1 cartel1 or foreign-power affiliations corrupt the naturalization process and attack the integrity of ,american citizenship4 7#ad7 ,congress has a duty to ensure that naturalization remains a meaningful act of allegiance1 assimilation1 and membership in the ,american ,nation4 #c4 ,purposes ,the purposes of this ,act are-- 7#a7 to restore naturalization as a serious act of joining the ,american people2 7#b7 to reaffirm that ,american citizenship is a bond of allegiance1 constitutional attachment1 civic duty1 and membership in the ,nation2 7#c7 to strengthen the civics1 ,english1 and constitutional-attachment requirements for naturalization2 7#d7 to ensure that applicants for naturalization understand the oath of allegiance before becoming citizens2 7#e7 to prevent persons who engage in1 incite1 prepare1 plan1 assist1 or provide material support for terrorism1 violent revolution1 political violence1 criminal gangs1 cartels1 or the overthrow of constitutional government from obtaining citizenship2 7#f7 to prevent persons knowingly acting as agents1 representatives1 or instrumentalities of a foreign power1 or knowingly acting under the direction or control of a foreign power1 in a manner materially inconsistent with allegiance to the ,united ,states1 from obtaining citizenship2 7#g7 to impose meaningful consequences on persons who defraud1 corrupt1 obstruct1 or abuse the naturalization process2 and 7#h7 to ensure that the #bejth anniversary of the ,declaration of ,independence is marked by a renewed national commitment to ,american citizenship1 constitutional liberty1 and civic obligation4 #d4 ,definitions ,in this ,act3 7#a7 ,alien ,the term alien has the meaning given such term in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c774 7#b7 ,applicant ,the term applicant means an alien who applies for naturalization under title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq474 7#c7 ,foreign power ,the term foreign power means-- 7,a7 a foreign government2 7,b7 a faction of a foreign nation or foreign government2 7,c7 an entity that is directed or controlled by a foreign government2 7,d7 a foreign military1 paramilitary1 intelligence1 security1 or law-enforcement service2 7,e7 a foreign terrorist organization designated under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 7,f7 a transnational criminal organization1 cartel1 or criminal gang that is based primarily outside the ,united ,states2 or 7,g7 any person or entity knowingly acting as an agent1 representative1 instrumentality1 or proxy of an entity described in subparagraphs 7,a7 through 7,f74 7#d7 ,material fact ,the term material fact means any fact that has a natural tendency to influence1 or is capable of influencing1 a decision of the ,secretary of ,homeland ,security1 the ,attorney ,general1 or any other officer or employee of the ,united ,states concerning eligibility for naturalization1 good moral character1 attachment to the principles of the ,constitution1 admissibility1 removability1 identity1 criminal history1 national-security risk1 immigration history1 or eligibility for any immigration benefit4 7#e7 ,naturalization process ,the term naturalization process means any application1 interview1 examination1 investigation1 oath ceremony1 background check1 biometric collection1 submission of evidence1 administrative proceeding1 judicial proceeding1 or other act or proceeding related to naturalization under title ,,iii of the ,immigration and ,nationality ,act4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#g7 ,material support ,the term material support means material support or resources1 as defined in section #bcci;,a7b7 of title #ah1 ,united ,states ,code4 7#h7 ,terrorist activity ,the term terrorist activity has the meaning given such term in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iii774 7#i7 ,terrorist organization ,the term terrorist organization means an organization described in subclause 7,i71 7,,ii71 or 7,,iii7 of section #bab7;a77#c77;,b77vi7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi774 #e4 ,strengthening civics and ,english requirements for naturalization 7a7 ,in general ,section #cab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking an understanding of the ,english language and inserting a sufficient understanding of the ,english language to read1 write1 speak1 and understand ordinary ,english1 including the ,english language used in the oath of allegiance described in section #ccg2 7,b7 in paragraph 7#b71 by striking a knowledge and understanding of the fundamentals of the history1 and of the principles and form of government1 of the ,united ,states and inserting a substantial knowledge and understanding of the history1 principles1 form of government1 constitutional structure1 and civic obligations of the ,united ,states2 and 7,c7 by adding at the end the following3 7#c7 ,the examination required under paragraph 7#b7 shall include questions testing the applicant's knowledge and understanding of-- 7,a7 the ,declaration of ,independence2 7,b7 the ,constitution of the ,united ,states2 7,c7 the ,bill of ,rights2 7,d7 the separation of powers2 7,e7 ,federalism2 7,f7 the rule of law2 7,g7 equal citizenship under law2 7,h7 religious liberty2 7,i7 freedom of speech2 7,j7 the history of the ,united ,states2 7,k7 the duties and obligations of citizenship2 7,l7 the meaning of the oath of allegiance described in section #ccg2 and 7,m7 the requirement that a citizen bear true faith and allegiance to the ,united ,states4 7#d7 ,except as otherwise provided in subsection 7b7 or any other provision of ,federal law1 the examination required under paragraph 7#b7 shall be administered in the ,english language4 7#e7 ,except as otherwise provided in subsection 7b7 or any other provision of ,federal law1 the ,secretary shall ensure that an applicant may not satisfy the requirement under paragraph 7#b7 unless the applicant correctly answers not less than #hj percent of the questions asked during the examination4 7#f7 ,except as otherwise provided in subsection 7b7 or any other provision of ,federal law1 the ,secretary shall ensure that not less than #ej percent of the questions asked during the examination required under paragraph 7#b7 concern the ,constitution of the ,united ,states1 the ,declaration of ,independence1 the ,bill of ,rights1 the structure of the ,government of the ,united ,states1 or the oath of allegiance described in section #ccg4 2 and 7#b7 by adding at the end the following3 7c7 ,review and publication of naturalization examination materials 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,america ,first ,citizenship and ,allegiance ,act1 the ,secretary shall revise the naturalization examination and study materials used to administer this section to comply with the requirements of such ,act4 7#b7 ,publication ,the ,secretary shall make publicly available the study materials described in paragraph 7#a71 including a description of the subjects tested and the minimum passing standards4 7#c7 ,review ,not less frequently than once every #d years1 the ,secretary shall review and1 as appropriate1 revise the examination and study materials described in paragraph 7#a7 to ensure that such examination and materials adequately test an applicant's knowledge of the subjects described in subsection 7a77#c74 7d7 ,report on waivers ,not later than #a year after the date of enactment of the ,america ,first ,citizenship and ,allegiance ,act1 and annually thereafter1 the ,secretary shall submit to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives a report identifying-- 7#a7 the number of applicants granted a waiver or exception from any ,english-language requirement under this section2 7#b7 the number of applicants granted a waiver or exception from any civics or history requirement under this section2 7#c7 the statutory basis for each category of waiver or exception2 7#d7 the number of applicants who failed the examination required under subsection 7a77#b72 7#e7 the number of applicants who passed the examination required under subsection 7a77#b72 and 7#f7 any recommendations for improving the integrity and rigor of the naturalization examination4 4 7b7 ,effective date ,the amendments made by this section shall apply to any application for naturalization filed on or after the date that is #ahj days after the date of enactment of this ,act4 #f4 ,attachment to the principles of the ,constitution and allegiance to the ,united ,states 7a7 ,in general ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7h7 ,attachment to the principles of the ,constitution and allegiance to the ,united ,states 7#a7 ,in general ,for purposes of this chapter1 an applicant shall not be regarded as attached to the principles of the ,constitution of the ,united ,states or well disposed to the good order and happiness of the ,united ,states if the applicant knowingly-- 7,a7 engages in1 incites1 prepares1 plans1 assists1 or provides material support for terrorism or terrorist activity2 7,b7 advocates or teaches the duty1 necessity1 or propriety of the overthrow by force1 violence1 or other unlawful means of the ,government of the ,united ,states or the constitutional order of the ,united ,states2 7,c7 engages in1 incites1 prepares1 plans1 assists1 or provides material support for assassination1 sabotage1 kidnapping1 political violence1 or other unlawful violence as a means of political coercion2 7,d7 participates in1 assists1 or provides material support to a transnational criminal organization1 cartel1 or criminal gang2 7,e7 knowingly acts as an agent1 representative1 or instrumentality of a foreign power1 or knowingly acts under the direction or control of a foreign power1 in a manner materially inconsistent with allegiance to the ,united ,states2 7,f7 conceals any affiliation1 association1 agency relationship1 representative capacity1 or conduct described in subparagraphs 7,a7 through 7,e72 7,g7 makes any false statement or material misrepresentation concerning the applicant's allegiance to the ,united ,states1 attachment to the principles of the ,constitution of the ,united ,states1 willingness to take the oath of allegiance1 or disposition toward the good order and happiness of the ,united ,states2 or 7,h7 refuses to affirm1 without mental reservation1 the oath of allegiance described in section #ccg4 7#b7 ,foreign power ,in this subsection1 the term foreign power has the meaning given such term in section #d of the ,america ,first ,citizenship and ,allegiance ,act4 7#c7 ,material support ,in this subsection1 the term material support has the meaning given such term in section #d of the ,america ,first ,citizenship and ,allegiance ,act4 7#d7 ,terrorist activity ,in this subsection1 the term terrorist activity has the meaning given such term in section #d of the ,america ,first ,citizenship and ,allegiance ,act4 7#e7 ,rule of construction ,nothing in this subsection may be construed to authorize the denial of an application for naturalization based solely on-- 7,a7 speech protected by the ,first ,amendment to the ,constitution of the ,united ,states2 7,b7 religious belief2 7,c7 lawful association2 7,d7 familial relationship2 7,e7 nationality2 7,f7 ethnicity2 7,g7 dual nationality2 7,h7 lawful contact with a foreign government2 7,i7 lawful contact with a foreign political party2 or 7,j7 lawful advocacy that does not involve force1 violence1 material support for unlawful activity1 terrorism1 fraud1 concealment1 or conduct inconsistent with allegiance to the ,united ,states4 7#f7 ,burden of proof ,nothing in this subsection may be construed to alter the burden of an applicant for naturalization to establish eligibility for naturalization under this chapter4 4 7b7 ,conforming amendment ,section #caf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7;a77 is amended by inserting 1 including the requirements under subsection 7h71 after ,constitution of the ,united ,states4 7c7 ,effective date ,the amendments made by this section shall apply to any application for naturalization pending on or filed on or after the date of enactment of this ,act4 #g4 ,instruction on the oath of allegiance 7a7 ,in general ,section #ccg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addh7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,instruction on the oath of allegiance 7#a7 ,in general ,before administering the oath of allegiance under subsection 7a71 the ,secretary shall ensure that each applicant for naturalization receives instruction1 in the ,english language1 on the meaning of the oath of allegiance4 7#b7 ,contents ,the instruction required under paragraph 7#a7 shall include instruction on-- 7,a7 allegiance to the ,united ,states2 7,b7 renunciation of prior political allegiance to any foreign prince1 potentate1 state1 or sovereignty2 7,c7 the duty to support and defend the ,constitution and laws of the ,united ,states2 7,d7 the obligation to bear true faith and allegiance to the ,united ,states2 7,e7 the duty to obey the laws of the ,united ,states2 7,f7 the rights1 privileges1 duties1 and obligations of ,american citizenship2 7,g7 equal citizenship under law2 7,h7 the distinction between citizenship1 lawful permanent residence1 temporary presence1 parole1 and other immigration statuses2 and 7,i7 the consequences of false statements1 concealment of material facts1 fraud1 or refusal to take the oath without mental reservation4 7#c7 ,certification ,before administering the oath of allegiance1 the ,secretary shall require the applicant to certify1 in writing and under penalty of perjury1 that the applicant-- 7,a7 received the instruction required under this subsection2 7,b7 understands the oath of allegiance2 7,c7 is willing to take the oath freely and without mental reservation2 and 7,d7 understands that a false statement or concealment of a material fact concerning the oath of allegiance may result in denial of naturalization1 civil denaturalization1 criminal prosecution1 removal1 or other consequences provided by law4 7#d7 ,waivers1 modifications1 and accommodations ,the requirements of this subsection shall not apply to a person for whom the taking of the oath is waived under subsection 7a74 ,in the case of a person who is permitted to take a modified oath under subsection 7a71 the instruction and certification required under this subsection shall be conformed to the oath that such person is required to take4 ,the ,secretary shall provide reasonable accommodations for any person with a disability1 consistent with subsection 7a7 and section #cab7;b74 7#e7 ,rule of construction ,nothing in this subsection may be construed to alter1 limit1 or supersede any accommodation1 modification1 waiver1 or exception expressly provided by this section1 section #cab7;b71 or any other provision of law4 4 7b7 ,effective date ,the amendments made by this section shall apply to any oath of allegiance administered on or after the date that is #ahj days after the date of enactment of this ,act4 #h4 ,consequences for fraud1 concealment1 false statements1 and abuse of the naturalization process 7a7 ,in general ,chapter #b of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba et seq47 is amended by inserting after section #cah the following3 #cah;,a4 ,naturalization process integrity 7a7 ,mandatory denial ,the ,secretary shall deny an application for naturalization if the ,secretary determines that the applicant knowingly-- 7#a7 made a false statement or material misrepresentation in the naturalization process2 7#b7 concealed a material fact in the naturalization process2 7#c7 submitted1 presented1 procured1 or relied upon any fraudulent1 altered1 forged1 counterfeit1 unlawfully obtained1 or materially inaccurate document in the naturalization process2 7#d7 used a false identity1 alias1 false date of birth1 false place of birth1 false nationality1 false immigration history1 or false ,social ,security account number in the naturalization process2 7#e7 falsely claimed eligibility for naturalization2 7#f7 obstructed1 impeded1 delayed1 or refused to cooperate with any background check1 biometric check1 criminal-history check1 immigration-history check1 national-security check1 interview1 investigation1 or request for evidence required for naturalization2 7#g7 concealed any criminal conduct1 arrest1 charge1 conviction1 sentence1 prior removal1 prior unlawful presence1 unlawful voting1 unlawful registration to vote1 unlawful employment1 immigration fraud1 benefit fraud1 tax fraud1 gang affiliation1 cartel affiliation1 terrorist affiliation1 association with a foreign terrorist organization1 or conduct described in section #caf7;h71 if disclosure of such information was required by statute1 regulation1 form1 instruction1 interview1 request for evidence1 or other lawful request in the naturalization process2 7#h7 procured testimony1 sponsorship1 documentation1 translation1 interpretation1 representation1 or evidence through fraud1 coercion1 bribery1 threat1 concealment1 or material misrepresentation2 or 7#i7 engaged in any other fraudulent or obstructive conduct that was material to the adjudication of the application for naturalization4 7b7 ,permanent bar for serious naturalization fraud or concealment 7#a7 ,in general ,except as provided in subsection 7c71 an alien described in paragraph 7#b7 shall be permanently ineligible for naturalization4 7#b7 ,aliens described ,an alien is described in this paragraph if the alien knowingly engaged in conduct described in subsection 7a7 and such conduct involved or concealed-- 7,a7 terrorism2 7,b7 espionage2 7,c7 sabotage2 7,d7 knowingly acting as an agent1 representative1 or instrumentality of a foreign power1 or knowingly acting under the direction or control of a foreign power1 in a manner materially inconsistent with allegiance to the ,united ,states2 7,e7 participation in1 assistance to1 or material support for a transnational criminal organization1 cartel1 or criminal gang2 7,f7 a crime of violence1 as defined in section #af of title #ah1 ,united ,states ,code2 7,g7 an aggravated felony1 as defined in section #aja7;a77#dc72 7,h7 a sex offense1 as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa72 7,i7 child exploitation2 7,j7 human trafficking2 7,k7 unlawful voting or unlawful registration to vote2 7,l7 use of a false identity2 7,m7 prior removal2 7,n7 a false claim of ,united ,states citizenship2 7,o7 fraud against the ,united ,states1 a ,state1 a unit of local government1 or an ,indian ,tribe2 7,p7 benefit fraud involving an amount equal to or greater than #aj1jjj2 or 7,q7 any offense involving bribery1 obstruction of justice1 perjury1 subornation of perjury1 witness tampering1 or destruction of records in connection with the naturalization process4 7c7 ,exception for certain reasonable belief cases ,subsection 7b77#b77,n7 shall not apply if the alien establishes1 by clear and convincing evidence1 that each natural parent of the alien1 or1 in the case of an adopted alien1 each adoptive parent of the alien1 is or was a citizen of the ,united ,states1 the alien permanently resided in the ,united ,states before attaining the age of #af years1 and the alien reasonably believed at the time of the false claim that the alien was a citizen of the ,united ,states4 7d7 #aj-year bar for other material fraud or concealment ,except as provided in subsection 7b71 an alien who knowingly engages in conduct described in subsection 7a7 shall be ineligible for naturalization for a period of not less than #aj years beginning on the date on which the ,secretary denies the application for naturalization or determines that the alien engaged in such conduct1 whichever occurs later4 7e7 ,effect of withdrawal1 correction1 or claim of immateriality 7#a7 ,no cure by withdrawal ,conduct described in subsection 7a7 is not cured merely because the applicant withdraws the application for naturalization after such conduct occurs4 7#b7 ,no cure by correction after detection ,conduct described in subsection 7a7 is not cured merely because the applicant corrects1 supplements1 or amends the record after the false statement1 misrepresentation1 concealment1 fraud1 or obstruction is detected by the ,department of ,homeland ,security1 the ,department of ,justice1 the ,department of ,state1 or any other ,federal1 ,state1 local1 ,tribal1 territorial1 or foreign authority4 7#c7 ,no defense based solely on claim of ultimate eligibility ,it shall not be a defense to a determination under this section that the applicant asserts that the false statement1 misrepresentation1 concealment1 fraud1 or obstruction was unnecessary to ultimate eligibility for naturalization1 if the fact at issue was material4 7f7 ,mandatory referral 7#a7 ,in general ,if the ,secretary determines that there is credible evidence that an applicant has engaged in conduct described in subsection 7a71 the ,secretary shall refer the matter1 as appropriate1 to-- 7,a7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,b7 the ,department of ,justice2 7,c7 the ,department of ,state2 7,d7 the ,federal ,bureau of ,investigation2 7,e7 the ,inspector ,general of the ,department of ,homeland ,security2 or 7,f7 any other appropriate ,federal agency4 7#b7 ,contents of referral ,a referral under paragraph 7#a7 shall include any relevant application materials1 interview records1 sworn statements1 documentary evidence1 biometric information1 fraud findings1 criminal-history information1 immigration-history information1 and national-security information available to the ,secretary1 consistent with applicable law4 7g7 ,removal priority ,an alien who is denied naturalization under this section shall be treated as a priority for removal if the alien is otherwise removable under this ,act4 7h7 ,limitation on subsequent immigration benefits 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien who is denied naturalization under subsection 7a7 may not receive any discretionary immigration benefit under this ,act during the period of ineligibility described in subsection 7b7 or 7d74 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to-- 7,a7 withholding of removal2 7,b7 protection under the ,convention ,against ,torture2 7,c7 an application1 petition1 or request for relief or protection for which eligibility is required by ,federal law to be available notwithstanding fraud or misrepresentation2 7,d7 a law-enforcement certification1 protection1 or benefit made available to victims1 witnesses1 or cooperators1 if the ,secretary or the ,attorney ,general determines that such certification1 protection1 or benefit is in the national interest2 or 7,e7 any other protection that the ,united ,states is required to provide under ,federal law4 7i7 ,record of fraud determination ,the ,secretary shall maintain a record of any denial or determination under this section and shall ensure that such record is available to officers and employees of the ,department of ,homeland ,security for purposes of adjudicating any subsequent immigration application1 petition1 request1 or benefit4 7j7 ,notice ,the ,secretary shall provide an alien denied naturalization under this section with written notice describing-- 7#a7 the basis for the denial2 7#b7 any period of ineligibility imposed under subsection 7b7 or 7d72 7#c7 any referral made under subsection 7f71 to the extent disclosure is not prohibited by law or contrary to law-enforcement or national-security interests2 and 7#d7 any administrative or judicial review available under law4 7k7 ,rule of construction ,nothing in this section may be construed to limit-- 7#a7 the authority of the ,united ,states to prosecute any offense2 7#b7 the authority of the ,united ,states to initiate removal proceedings2 7#c7 the authority of the ,united ,states to deny any immigration benefit2 7#d7 the authority of the ,united ,states to bring a civil denaturalization action under section #cdj2 7#e7 any ground of inadmissibility or deportability under this ,act2 or 7#f7 any other consequence provided by law for fraud1 concealment1 false statements1 false documents1 perjury1 unlawful voting1 false claims of citizenship1 or obstruction4 7l7 ,definitions ,in this section1 the terms foreign power1 material fact1 and naturalization process have the meanings given such terms in section #d of the ,america ,first ,citizenship and ,allegiance ,act4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #cah the following3 ,sec4 #cah;,a4 ,naturalization process integrity4 4 7c7 ,conforming amendment ,section #cah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbi7 is amended by inserting after deportability pursuant to a warrant of arrest issued under the provisions of this or any other ,act the following3 1 or while a fraud determination1 background-check investigation1 national-security investigation1 or referral described in section #cah;,a7f7 remains pending with respect to the applicant4 7d7 ,effective date ,the amendments made by this section shall apply to-- 7#a7 any application for naturalization filed on or after the date of enactment of this ,act2 7#b7 any application for naturalization pending on the date of enactment of this ,act1 except that an applicant shall be provided a reasonable opportunity to supplement or correct the application in accordance with procedures established by the ,secretary2 and 7#c7 any false statement1 material misrepresentation1 concealment1 obstruction1 fraudulent submission1 or other conduct described in section #cah;,a7a7 of the ,immigration and ,nationality ,act1 as added by subsection 7a71 that occurs on or after the date of enactment of this ,act4 #i4 ,preservation of denaturalization authorities 7a7 ,in general ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to limit1 impair1 or otherwise affect the authority of the ,united ,states to institute proceedings under section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea71 including proceedings based on concealment of a material fact1 willful misrepresentation1 illegal procurement of naturalization1 lack of good moral character1 lack of attachment to the principles of the ,constitution of the ,united ,states1 or lack of disposition to the good order and happiness of the ,united ,states4 7b7 ,effect of naturalization process violation ,if an alien is naturalized notwithstanding conduct described in section #cah;,a of the ,immigration and ,nationality ,act1 as added by section #h of this ,act1 such conduct may constitute evidence that the order admitting such person to citizenship was illegally procured or procured by concealment of a material fact or by willful misrepresentation for purposes of section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea74 7c7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to require the ,united ,states to institute proceedings under section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea72 7#b7 to limit any ground for denaturalization or revocation of naturalization under section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7 or any other provision of law2 or 7#c7 to create any defense to denaturalization or revocation of naturalization that is not otherwise available under law4 #aj4 ,criminal penalties for naturalization fraud and false statements 7a7 ,naturalization fraud ,section #adbe of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the undesignated matter following subsection 7b72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,penalties ,a person who violates subsection 7a7 or 7b7 shall be fined under this title1 imprisoned-- 7#a7 not more than #be years1 if the offense was committed to facilitate an act of international terrorism1 as defined in section #bcca2 7#b7 not more than #bj years1 if the offense was committed to facilitate a drug trafficking crime1 as defined in section #ibi7;a71 or transnational criminal activity2 7#c7 not more than #aj years1 in the case of the first or second such offense1 if the offense was not committed to facilitate an act of international terrorism1 a drug trafficking crime1 or transnational criminal activity2 or 7#d7 not more than #ae years1 in the case of any other offense1 or both4 7d7 ,forfeiture ,any document1 thing of value1 or proceeds obtained as a result of an offense under this section shall be subject to forfeiture to the ,united ,states4 7e7 ,immigration consequences ,a conviction under this section shall be deemed to involve moral turpitude1 fraud1 and obstruction of the naturalization process for purposes of the ,immigration and ,nationality ,act4 4 7b7 ,false statements relating to naturalization1 citizenship1 or registry ,section #ajae of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the undesignated matter following subsection 7f72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,penalty ,except as provided in subsection 7h71 a person who violates this section shall be fined under this title1 imprisoned not more than #aj years1 or both4 7h7 ,enhanced penalty ,if an offense under this section involves terrorism1 espionage1 sabotage1 a transnational criminal organization1 cartel activity1 gang activity1 a sex offense1 child exploitation1 human trafficking1 unlawful voting1 false identity1 prior removal1 or knowingly acting as an agent1 representative1 or instrumentality of a foreign power1 or knowingly acting under the direction or control of a foreign power1 in a manner materially inconsistent with allegiance to the ,united ,states1 the defendant shall be fined under this title1 imprisoned not more than #bj years1 or both4 4 7c7 ,document fraud ,section #bgd;,c7e77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;c7e77#a77 is amended-- 7#a7 in subparagraph 7,a71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #aj1jjj2 and 7#b7 in subparagraph 7,b71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #aj1jjj and not more than #be1jjj4 7d7 ,definition ,in this section1 the term transnational criminal activity means criminal activity carried out by1 at the direction of1 or in material coordination with a transnational criminal organization1 cartel1 or criminal gang that is based primarily outside the ,united ,states4 7e7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed to limit the authority of the ,united ,states to pursue denaturalization1 removal1 forfeiture1 civil penalties1 criminal penalties1 or any other remedy available under law4 #aa4 ,america #bej ,citizenship ,initiative 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish an initiative1 to be known as the ,america #bej ,citizenship ,initiative1 to revise and strengthen naturalization materials1 oath-of-allegiance materials1 and civics resources in connection with the #bejth anniversary of the ,declaration of ,independence4 7b7 ,contents ,the initiative established under subsection 7a7 shall include-- 7#a7 revised study materials for the naturalization examination required under section #cab of the ,immigration and ,nationality ,act2 7#b7 a citizenship guide explaining the ,declaration of ,independence1 the ,constitution of the ,united ,states1 the ,bill of ,rights1 separation of powers1 ,federalism1 religious liberty1 freedom of speech1 equal citizenship1 the rule of law1 and the duties of citizenship2 7#c7 model materials for oath-of-allegiance ceremonies2 7#d7 materials explaining the distinction between citizenship1 lawful permanent residence1 temporary presence1 parole1 and other immigration statuses2 7#e7 materials explaining that citizenship requires allegiance to the ,united ,states and attachment to the principles of the ,constitution of the ,united ,states2 7#f7 materials explaining the consequences of fraud1 concealment1 false statements1 false documents1 unlawful voting1 false claims of citizenship1 and abuse of the naturalization process2 and 7#g7 such other materials as the ,secretary determines appropriate to promote understanding of ,american citizenship1 constitutional liberty1 civic obligation1 and allegiance to the ,united ,states4 7c7 ,use of materials ,the ,secretary shall ensure that the materials developed under this section are incorporated into-- 7#a7 naturalization study materials2 7#b7 applicant preparation materials2 7#c7 oath-of-allegiance instruction required under section #ccg7;c7 of the ,immigration and ,nationality ,act1 as added by section #g of this ,act2 and 7#d7 public-facing materials concerning naturalization and citizenship4 7d7 ,consultation ,in carrying out this section1 the ,secretary shall consult with-- 7#a7 the ,archivist of the ,united ,states2 7#b7 the ,secretary of ,education2 7#c7 the ,director of the ,national ,park ,service2 7#d7 the ,librarian of ,congress2 7#e7 the ,director of the ,administrative ,office of the ,united ,states ,courts2 and 7#f7 such other ,federal officials as the ,secretary determines appropriate4 7e7 ,limitation ,nothing in this section may be construed to authorize the ,secretary to create any new grant program4 #ab4 ,annual report to ,congress 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #e years1 the ,secretary shall submit to the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives a report concerning implementation of this ,act4 7b7 ,contents ,each report required under subsection 7a7 shall include-- 7#a7 the number of naturalization applications received2 7#b7 the number of naturalization applications approved2 7#c7 the number of naturalization applications denied2 7#d7 the number of denials based on failure to satisfy ,english-language requirements2 7#e7 the number of denials based on failure to satisfy civics or history requirements2 7#f7 the number of denials based on failure to demonstrate attachment to the principles of the ,constitution of the ,united ,states2 7#g7 the number of denials based on failure to demonstrate favorable disposition toward the good order and happiness of the ,united ,states2 7#h7 the number of denials based on false statements1 material misrepresentation1 concealment of material facts1 false identity1 fraudulent documents1 obstruction1 or fraud2 7#i7 the number of referrals made under section #cah;,a7f7 of the ,immigration and ,nationality ,act1 as added by section #h2 7#aj7 the number of aliens denied naturalization who were placed in removal proceedings2 7#aa7 the number of applicants granted waivers or exceptions from ,english-language or civics requirements1 disaggregated by statutory basis2 7#ab7 the number of oath ceremonies conducted2 7#ac7 the number of applicants who failed to certify understanding of the oath of allegiance2 7#ad7 the status of the ,america #bej ,citizenship ,initiative2 and 7#ae7 recommendations for legislation or administrative action to improve the integrity of the naturalization process4 7c7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #ac4 ,regulations 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,attorney ,general as appropriate1 shall promulgate regulations to carry out this ,act and the amendments made by this ,act1 including regulations concerning-- 7#a7 the naturalization examination required under section #cab of the ,immigration and ,nationality ,act2 7#b7 instruction on the oath of allegiance required under section #ccg7;c7 of the ,immigration and ,nationality ,act2 7#c7 determinations of attachment to the principles of the ,constitution of the ,united ,states under section #caf7;h7 of the ,immigration and ,nationality ,act2 7#d7 fraud determinations under section #cah;,a of the ,immigration and ,nationality ,act2 7#e7 permanent and temporary bars to naturalization under section #cah;,a of the ,immigration and ,nationality ,act2 7#f7 referrals to ,federal law-enforcement agencies2 7#g7 recordkeeping requirements2 7#h7 notice to applicants2 and 7#i7 implementation of the ,america #bej ,citizenship ,initiative4 7b7 ,no delay ,the failure of the ,secretary to promulgate regulations under subsection 7a7 shall not delay the effective date of this ,act or the amendments made by this ,act4 #ad4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed-- 7#a7 to authorize the denial of naturalization based solely on speech protected by the ,first ,amendment to the ,constitution of the ,united ,states2 7#b7 to authorize the denial of naturalization based solely on religious belief1 lawful association1 familial relationship1 nationality1 ethnicity1 dual nationality1 or lawful contact with a foreign government2 7#c7 to limit the authority of the ,united ,states to deny naturalization to any applicant who fails to establish eligibility for naturalization2 7#d7 to limit the authority of the ,united ,states to bring denaturalization proceedings under section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea72 7#e7 to limit the authority of the ,united ,states to initiate removal proceedings2 7#f7 to limit any ground of inadmissibility or deportability under the ,immigration and ,nationality ,act2 7#g7 to limit the authority of the ,united ,states to investigate or prosecute fraud1 false statements1 false documents1 false claims of citizenship1 unlawful voting1 obstruction1 perjury1 bribery1 terrorism1 espionage1 sabotage1 gang activity1 cartel activity1 or transnational criminal activity2 7#h7 to create any entitlement to naturalization1 citizenship1 or any immigration benefit2 7#i7 to alter the requirement that an applicant for naturalization bears the burden of establishing eligibility for naturalization2 7#aj7 to affect the citizenship or nationality status of any person who is a citizen or national of the ,united ,states on the date of enactment of this ,act2 or 7#aa7 to alter the allocation of authority between the ,secretary of ,homeland ,security and the ,attorney ,general under the ,immigration and ,nationality ,act1 the ,homeland ,security ,act of #bjjb1 or any other provision of law4 #ae4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional or otherwise invalid1 the remainder of this ,act1 the amendments made by this ,act1 and the application of the provisions and amendments to any other person or circumstance shall not be affected4 #af4 ,effective date ,except as otherwise provided in this ,act1 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4