SenateS. 4547119th Congress
America First Citizenship and Allegiance Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4547 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4547
To amend the Immigration and Nationality Act to strengthen requirements
for naturalization, to require instruction on the oath of allegiance
and the principles of the Constitution, to establish consequences for
fraud and concealment in the naturalization process, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2026
Mr. Schmitt introduced the following bill; 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 naturalization, to require instruction on the oath of allegiance
and the principles of the Constitution, to establish consequences for
fraud and concealment in the naturalization process, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America First
Citizenship and Allegiance Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Strengthening civics and English requirements for
naturalization.
Sec. 6. Attachment to the principles of the Constitution and allegiance
to the United States.
Sec. 7. Instruction on the oath of allegiance.
Sec. 8. Consequences for fraud, concealment, false statements, and
abuse of the naturalization process.
Sec. 9. Preservation of denaturalization authorities.
Sec. 10. Criminal penalties for naturalization fraud and false
statements.
Sec. 11. America 250 Citizenship Initiative.
Sec. 12. Annual report to Congress.
Sec. 13. Regulations.
Sec. 14. Rule of construction.
Sec. 15. Severability.
Sec. 16. Effective date.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American citizenship is not merely an administrative
status, immigration benefit, welfare ticket, or entitlement to
public resources.
(2) American citizenship is membership in the American
political community.
(3) American citizenship carries rights, privileges,
duties, and obligations, including allegiance to the United
States, fidelity to the Constitution of the United States,
obedience to the laws of the United States, and attachment to
the principles of republican self-government.
(4) The United States is a sovereign Nation with the
inherent authority to determine who may join the Nation as a
citizen.
(5) Naturalization is the formal act by which an alien is
admitted into the American people and assumes the obligations
of American citizenship.
(6) Naturalization is not a ministerial transaction. It is
a solemn act of allegiance to the United States.
(7) An applicant for naturalization must demonstrate more
than physical presence, technical eligibility, or completion of
paperwork.
(8) An applicant for naturalization must demonstrate good
moral character, attachment to the principles of the
Constitution of the United States, and favorable disposition
toward the good order and happiness of the United States.
(9) The oath of allegiance is not ceremonial language
alone. It is the formal promise by which a new citizen
renounces prior political allegiance, pledges true faith and
allegiance to the United States, and accepts the duties of
American citizenship.
(10) A person who seeks naturalization should understand
the English language, the Declaration of Independence, the
Constitution of the United States, the Bill of Rights, the rule
of law, separation of powers, Federalism, equal citizenship,
religious liberty, freedom of speech, and the duties of
citizenship.
(11) A person who knowingly engages in, incites, prepares,
plans, assists, or provides material support for terrorism,
violent revolution, political violence, the overthrow of
constitutional government, transnational criminal
organizations, cartels, 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
States.
(12) A person who knowingly acts as an agent,
representative, or instrumentality of a foreign power, or
knowingly acts under the direction or control of a foreign
power, in a manner materially inconsistent with allegiance to
the United States, 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 States.
(13) Fraud, concealment, false statements, false identity,
fraudulent documents, unlawful voting, obstruction of
background checks, and concealment of criminal, terrorist,
gang, cartel, or foreign-power affiliations corrupt the
naturalization process and attack the integrity of American
citizenship.
(14) Congress has a duty to ensure that naturalization
remains a meaningful act of allegiance, assimilation, and
membership in the American Nation.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to restore naturalization as a serious act of joining
the American people;
(2) to reaffirm that American citizenship is a bond of
allegiance, constitutional attachment, civic duty, and
membership in the Nation;
(3) to strengthen the civics, English, and constitutional-
attachment requirements for naturalization;
(4) to ensure that applicants for naturalization understand
the oath of allegiance before becoming citizens;
(5) to prevent persons who engage in, incite, prepare,
plan, assist, or provide material support for terrorism,
violent revolution, political violence, criminal gangs,
cartels, or the overthrow of constitutional government from
obtaining citizenship;
(6) to prevent persons knowingly acting as agents,
representatives, or instrumentalities of a foreign power, or
knowingly acting under the direction or control of a foreign
power, in a manner materially inconsistent with allegiance to
the United States, from obtaining citizenship;
(7) to impose meaningful consequences on persons who
defraud, corrupt, obstruct, or abuse the naturalization
process; and
(8) to ensure that the 250th anniversary of the Declaration
of Independence is marked by a renewed national commitment to
American citizenship, constitutional liberty, and civic
obligation.
SEC. 4. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given such
term in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)).
(2) Applicant.--The term ``applicant'' means an alien who
applies for naturalization under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.).
(3) Foreign power.--The term ``foreign power'' means--
(A) a foreign government;
(B) a faction of a foreign nation or foreign
government;
(C) an entity that is directed or controlled by a
foreign government;
(D) a foreign military, paramilitary, intelligence,
security, or law-enforcement service;
(E) a foreign terrorist organization designated
under section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189);
(F) a transnational criminal organization, cartel,
or criminal gang that is based primarily outside the
United States; or
(G) any person or entity knowingly acting as an
agent, representative, instrumentality, or proxy of an
entity described in subparagraphs (A) through (F).
(4) Material fact.--The term ``material fact'' means any
fact that has a natural tendency to influence, or is capable of
influencing, a decision of the Secretary of Homeland Security,
the Attorney General, or any other officer or employee of the
United States concerning eligibility for naturalization, good
moral character, attachment to the principles of the
Constitution, admissibility, removability, identity, criminal
history, national-security risk, immigration history, or
eligibility for any immigration benefit.
(5) Naturalization process.--The term ``naturalization
process'' means any application, interview, examination,
investigation, oath ceremony, background check, biometric
collection, submission of evidence, administrative proceeding,
judicial proceeding, or other act or proceeding related to
naturalization under title III of the Immigration and
Nationality Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Material support.--The term ``material support'' means
material support or resources, as defined in section 2339A(b)
of title 18, United States Code.
(8) Terrorist activity.--The term ``terrorist activity''
has the meaning given such term in section 212(a)(3)(B)(iii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(iii)).
(9) Terrorist organization.--The term ``terrorist
organization'' means an organization described in subclause
(I), (II), or (III) of section 212(a)(3)(B)(vi) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).
SEC. 5. STRENGTHENING CIVICS AND ENGLISH REQUIREMENTS FOR
NATURALIZATION.
(a) In General.--Section 312 of the Immigration and Nationality Act
(8 U.S.C. 1423) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``an
understanding of the English language'' and inserting
``a sufficient understanding of the English language to
read, write, speak, and understand ordinary English,
including the English language used in the oath of
allegiance described in section 337'';
(B) in paragraph (2), by striking ``a knowledge and
understanding of the fundamentals of the history, and
of the principles and form of government, of the United
States'' and inserting ``a substantial knowledge and
understanding of the history, principles, form of
government, constitutional structure, and civic
obligations of the United States''; and
(C) by adding at the end the following:
``(3) The examination required under paragraph (2) shall
include questions testing the applicant's knowledge and
understanding of--
``(A) the Declaration of Independence;
``(B) the Constitution of the United States;
``(C) the Bill of Rights;
``(D) the separation of powers;
``(E) Federalism;
``(F) the rule of law;
``(G) equal citizenship under law;
``(H) religious liberty;
``(I) freedom of speech;
``(J) the history of the United States;
``(K) the duties and obligations of citizenship;
``(L) the meaning of the oath of allegiance
described in section 337; and
``(M) the requirement that a citizen bear true
faith and allegiance to the United States.
``(4) Except as otherwise provided in subsection (b) or any
other provision of Federal law, the examination required under
paragraph (2) shall be administered in the English language.
``(5) Except as otherwise provided in subsection (b) or any
other provision of Federal law, the Secretary shall ensure that
an applicant may not satisfy the requirement under paragraph
(2) unless the applicant correctly answers not less than 80
percent of the questions asked during the examination.
``(6) Except as otherwise provided in subsection (b) or any
other provision of Federal law, the Secretary shall ensure that
not less than 50 percent of the questions asked during the
examination required under paragraph (2) concern the
Constitution of the United States, the Declaration of
Independence, the Bill of Rights, the structure of the
Government of the United States, or the oath of allegiance
described in section 337.''; and
(2) by adding at the end the following:
``(c) Review and Publication of Naturalization Examination
Materials.--
``(1) In general.--Not later than 180 days after the date
of enactment of the America First Citizenship and Allegiance
Act, the Secretary shall revise the naturalization examination
and study materials used to administer this section to comply
with the requirements of such Act.
``(2) Publication.--The Secretary shall make publicly
available the study materials described in paragraph (1),
including a description of the subjects tested and the minimum
passing standards.
``(3) Review.--Not less frequently than once every 4 years,
the Secretary shall review and, as appropriate, revise the
examination and study materials described in paragraph (1) to
ensure that such examination and materials adequately test an
applicant's knowledge of the subjects described in subsection
(a)(3).
``(d) Report on Waivers.--Not later than 1 year after the date of
enactment of the America First Citizenship and Allegiance Act, and
annually thereafter, the Secretary shall submit to the Committees on
the Judiciary of the Senate and the House of Representatives a report
identifying--
``(1) the number of applicants granted a waiver or
exception from any English-language requirement under this
section;
``(2) the number of applicants granted a waiver or
exception from any civics or history requirement under this
section;
``(3) the statutory basis for each category of waiver or
exception;
``(4) the number of applicants who failed the examination
required under subsection (a)(2);
``(5) the number of applicants who passed the examination
required under subsection (a)(2); and
``(6) any recommendations for improving the integrity and
rigor of the naturalization examination.''.
(b) Effective Date.--The amendments made by this section shall
apply to any application for naturalization filed on or after the date
that is 180 days after the date of enactment of this Act.
SEC. 6. ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION AND ALLEGIANCE
TO THE UNITED STATES.
(a) In General.--Section 316 of the Immigration and Nationality Act
(8 U.S.C. 1427) is amended by adding at the end the following:
``(h) Attachment to the Principles of the Constitution and
Allegiance to the United States.--
``(1) In general.--For purposes of this chapter, 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--
``(A) engages in, incites, prepares, plans,
assists, or provides material support for terrorism or
terrorist activity;
``(B) advocates or teaches the duty, necessity, or
propriety of the overthrow by force, violence, or other
unlawful means of the Government of the United States
or the constitutional order of the United States;
``(C) engages in, incites, prepares, plans,
assists, or provides material support for
assassination, sabotage, kidnapping, political
violence, or other unlawful violence as a means of
political coercion;
``(D) participates in, assists, or provides
material support to a transnational criminal
organization, cartel, or criminal gang;
``(E) knowingly acts as an agent, representative,
or instrumentality of a foreign power, or knowingly
acts under the direction or control of a foreign power,
in a manner materially inconsistent with allegiance to
the United States;
``(F) conceals any affiliation, association, agency
relationship, representative capacity, or conduct
described in subparagraphs (A) through (E);
``(G) makes any false statement or material
misrepresentation concerning the applicant's allegiance
to the United States, attachment to the principles of
the Constitution of the United States, willingness to
take the oath of allegiance, or disposition toward the
good order and happiness of the United States; or
``(H) refuses to affirm, without mental
reservation, the oath of allegiance described in
section 337.
``(2) Foreign power.--In this subsection, the term `foreign
power' has the meaning given such term in section 4 of the
America First Citizenship and Allegiance Act.
``(3) Material support.--In this subsection, the term
`material support' has the meaning given such term in section 4
of the America First Citizenship and Allegiance Act.
``(4) Terrorist activity.--In this subsection, the term
`terrorist activity' has the meaning given such term in section
4 of the America First Citizenship and Allegiance Act.
``(5) Rule of construction.--Nothing in this subsection may
be construed to authorize the denial of an application for
naturalization based solely on--
``(A) speech protected by the First Amendment to
the Constitution of the United States;
``(B) religious belief;
``(C) lawful association;
``(D) familial relationship;
``(E) nationality;
``(F) ethnicity;
``(G) dual nationality;
``(H) lawful contact with a foreign government;
``(I) lawful contact with a foreign political
party; or
``(J) lawful advocacy that does not involve force,
violence, material support for unlawful activity,
terrorism, fraud, concealment, or conduct inconsistent
with allegiance to the United States.
``(6) 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 chapter.''.
(b) Conforming Amendment.--Section 316(a) of the Immigration and
Nationality Act (8 U.S.C. 1427(a)) is amended by inserting ``,
including the requirements under subsection (h),'' after ``Constitution
of the United States''.
(c) 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 Act.
SEC. 7. INSTRUCTION ON THE OATH OF ALLEGIANCE.
(a) In General.--Section 337 of the Immigration and Nationality Act
(8 U.S.C. 1448) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Instruction on the Oath of Allegiance.--
``(1) In general.--Before administering the oath of
allegiance under subsection (a), the Secretary shall ensure
that each applicant for naturalization receives instruction, in
the English language, on the meaning of the oath of allegiance.
``(2) Contents.--The instruction required under paragraph
(1) shall include instruction on--
``(A) allegiance to the United States;
``(B) renunciation of prior political allegiance to
any foreign prince, potentate, state, or sovereignty;
``(C) the duty to support and defend the
Constitution and laws of the United States;
``(D) the obligation to bear true faith and
allegiance to the United States;
``(E) the duty to obey the laws of the United
States;
``(F) the rights, privileges, duties, and
obligations of American citizenship;
``(G) equal citizenship under law;
``(H) the distinction between citizenship, lawful
permanent residence, temporary presence, parole, and
other immigration statuses; and
``(I) the consequences of false statements,
concealment of material facts, fraud, or refusal to
take the oath without mental reservation.
``(3) Certification.--Before administering the oath of
allegiance, the Secretary shall require the applicant to
certify, in writing and under penalty of perjury, that the
applicant--
``(A) received the instruction required under this
subsection;
``(B) understands the oath of allegiance;
``(C) is willing to take the oath freely and
without mental reservation; and
``(D) understands that a false statement or
concealment of a material fact concerning the oath of
allegiance may result in denial of naturalization,
civil denaturalization, criminal prosecution, removal,
or other consequences provided by law.
``(4) Waivers, modifications, and accommodations.--The
requirements of this subsection shall not apply to a person for
whom the taking of the oath is waived under subsection (a). In
the case of a person who is permitted to take a modified oath
under subsection (a), the instruction and certification
required under this subsection shall be conformed to the oath
that such person is required to take. The Secretary shall
provide reasonable accommodations for any person with a
disability, consistent with subsection (a) and section 312(b).
``(5) Rule of construction.--Nothing in this subsection may
be construed to alter, limit, or supersede any accommodation,
modification, waiver, or exception expressly provided by this
section, section 312(b), or any other provision of law.''.
(b) Effective Date.--The amendments made by this section shall
apply to any oath of allegiance administered on or after the date that
is 180 days after the date of enactment of this Act.
SEC. 8. CONSEQUENCES FOR FRAUD, CONCEALMENT, FALSE STATEMENTS, AND
ABUSE OF THE NATURALIZATION PROCESS.
(a) In General.--Chapter 2 of title III of the Immigration and
Nationality Act (8 U.S.C. 1421 et seq.) is amended by inserting after
section 318 the following:
``SEC. 318A. NATURALIZATION PROCESS INTEGRITY.
``(a) Mandatory Denial.--The Secretary shall deny an application
for naturalization if the Secretary determines that the applicant
knowingly--
``(1) made a false statement or material misrepresentation
in the naturalization process;
``(2) concealed a material fact in the naturalization
process;
``(3) submitted, presented, procured, or relied upon any
fraudulent, altered, forged, counterfeit, unlawfully obtained,
or materially inaccurate document in the naturalization
process;
``(4) used a false identity, alias, false date of birth,
false place of birth, false nationality, false immigration
history, or false Social Security account number in the
naturalization process;
``(5) falsely claimed eligibility for naturalization;
``(6) obstructed, impeded, delayed, or refused to cooperate
with any background check, biometric check, criminal-history
check, immigration-history check, national-security check,
interview, investigation, or request for evidence required for
naturalization;
``(7) concealed any criminal conduct, arrest, charge,
conviction, sentence, prior removal, prior unlawful presence,
unlawful voting, unlawful registration to vote, unlawful
employment, immigration fraud, benefit fraud, tax fraud, gang
affiliation, cartel affiliation, terrorist affiliation,
association with a foreign terrorist organization, or conduct
described in section 316(h), if disclosure of such information
was required by statute, regulation, form, instruction,
interview, request for evidence, or other lawful request in the
naturalization process;
``(8) procured testimony, sponsorship, documentation,
translation, interpretation, representation, or evidence
through fraud, coercion, bribery, threat, concealment, or
material misrepresentation; or
``(9) engaged in any other fraudulent or obstructive
conduct that was material to the adjudication of the
application for naturalization.
``(b) Permanent Bar for Serious Naturalization Fraud or
Concealment.--
``(1) In general.--Except as provided in subsection (c), an
alien described in paragraph (2) shall be permanently
ineligible for naturalization.
``(2) Aliens described.--An alien is described in this
paragraph if the alien knowingly engaged in conduct described
in subsection (a) and such conduct involved or concealed--
``(A) terrorism;
``(B) espionage;
``(C) sabotage;
``(D) knowingly acting as an agent, representative,
or instrumentality of a foreign power, or knowingly
acting under the direction or control of a foreign
power, in a manner materially inconsistent with
allegiance to the United States;
``(E) participation in, assistance to, or material
support for a transnational criminal organization,
cartel, or criminal gang;
``(F) a crime of violence, as defined in section 16
of title 18, United States Code;
``(G) an aggravated felony, as defined in section
101(a)(43);
``(H) a sex offense, as defined in section 111 of
the Sex Offender Registration and Notification Act (34
U.S.C. 20911);
``(I) child exploitation;
``(J) human trafficking;
``(K) unlawful voting or unlawful registration to
vote;
``(L) use of a false identity;
``(M) prior removal;
``(N) a false claim of United States citizenship;
``(O) fraud against the United States, a State, a
unit of local government, or an Indian Tribe;
``(P) benefit fraud involving an amount equal to or
greater than $10,000; or
``(Q) any offense involving bribery, obstruction of
justice, perjury, subornation of perjury, witness
tampering, or destruction of records in connection with
the naturalization process.
``(c) Exception for Certain Reasonable Belief Cases.--Subsection
(b)(2)(N) shall not apply if the alien establishes, by clear and
convincing evidence, that each natural parent of the alien, or, in the
case of an adopted alien, each adoptive parent of the alien, is or was
a citizen of the United States, the alien permanently resided in the
United States before attaining the age of 16 years, and the alien
reasonably believed at the time of the false claim that the alien was a
citizen of the United States.
``(d) 10-year Bar for Other Material Fraud or Concealment.--Except
as provided in subsection (b), an alien who knowingly engages in
conduct described in subsection (a) shall be ineligible for
naturalization for a period of not less than 10 years beginning on the
date on which the Secretary denies the application for naturalization
or determines that the alien engaged in such conduct, whichever occurs
later.
``(e) Effect of Withdrawal, Correction, or Claim of
Immateriality.--
``(1) No cure by withdrawal.--Conduct described in
subsection (a) is not cured merely because the applicant
withdraws the application for naturalization after such conduct
occurs.
``(2) No cure by correction after detection.--Conduct
described in subsection (a) is not cured merely because the
applicant corrects, supplements, or amends the record after the
false statement, misrepresentation, concealment, fraud, or
obstruction is detected by the Department of Homeland Security,
the Department of Justice, the Department of State, or any
other Federal, State, local, Tribal, territorial, or foreign
authority.
``(3) 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
statement, misrepresentation, concealment, fraud, or
obstruction was unnecessary to ultimate eligibility for
naturalization, if the fact at issue was material.
``(f) Mandatory Referral.--
``(1) In general.--If the Secretary determines that there
is credible evidence that an applicant has engaged in conduct
described in subsection (a), the Secretary shall refer the
matter, as appropriate, to--
``(A) U.S. Immigration and Customs Enforcement;
``(B) the Department of Justice;
``(C) the Department of State;
``(D) the Federal Bureau of Investigation;
``(E) the Inspector General of the Department of
Homeland Security; or
``(F) any other appropriate Federal agency.
``(2) Contents of referral.--A referral under paragraph (1)
shall include any relevant application materials, interview
records, sworn statements, documentary evidence, biometric
information, fraud findings, criminal-history information,
immigration-history information, and national-security
information available to the Secretary, consistent with
applicable law.
``(g) 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 Act.
``(h) Limitation on Subsequent Immigration Benefits.--
``(1) In general.--Except as provided in paragraph (2), an
alien who is denied naturalization under subsection (a) may not
receive any discretionary immigration benefit under this Act
during the period of ineligibility described in subsection (b)
or (d).
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) withholding of removal;
``(B) protection under the Convention Against
Torture;
``(C) an application, petition, or request for
relief or protection for which eligibility is required
by Federal law to be available notwithstanding fraud or
misrepresentation;
``(D) a law-enforcement certification, protection,
or benefit made available to victims, witnesses, or
cooperators, if the Secretary or the Attorney General
determines that such certification, protection, or
benefit is in the national interest; or
``(E) any other protection that the United States
is required to provide under Federal law.
``(i) 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 application, petition, request, or benefit.
``(j) Notice.--The Secretary shall provide an alien denied
naturalization under this section with written notice describing--
``(1) the basis for the denial;
``(2) any period of ineligibility imposed under subsection
(b) or (d);
``(3) any referral made under subsection (f), to the extent
disclosure is not prohibited by law or contrary to law-
enforcement or national-security interests; and
``(4) any administrative or judicial review available under
law.
``(k) Rule of Construction.--Nothing in this section may be
construed to limit--
``(1) the authority of the United States to prosecute any
offense;
``(2) the authority of the United States to initiate
removal proceedings;
``(3) the authority of the United States to deny any
immigration benefit;
``(4) the authority of the United States to bring a civil
denaturalization action under section 340;
``(5) any ground of inadmissibility or deportability under
this Act; or
``(6) any other consequence provided by law for fraud,
concealment, false statements, false documents, perjury,
unlawful voting, false claims of citizenship, or obstruction.
``(l) Definitions.--In this section, the terms `foreign power',
`material fact', and `naturalization process' have the meanings given
such terms in section 4 of the America First Citizenship and Allegiance
Act.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 318 the following:
``Sec. 318A. Naturalization process integrity.''.
(c) Conforming Amendment.--Section 318 of the Immigration and
Nationality Act (8 U.S.C. 1429) is amended by inserting after
``deportability pursuant to a warrant of arrest issued under the
provisions of this or any other Act'' the following: ``, or while a
fraud determination, background-check investigation, national-security
investigation, or referral described in section 318A(f) remains pending
with respect to the applicant''.
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) any application for naturalization filed on or after
the date of enactment of this Act;
(2) any application for naturalization pending on the date
of enactment of this Act, except that an applicant shall be
provided a reasonable opportunity to supplement or correct the
application in accordance with procedures established by the
Secretary; and
(3) any false statement, material misrepresentation,
concealment, obstruction, fraudulent submission, or other
conduct described in section 318A(a) of the Immigration and
Nationality Act, as added by subsection (a), that occurs on or
after the date of enactment of this Act.
SEC. 9. PRESERVATION OF DENATURALIZATION AUTHORITIES.
(a) In General.--Nothing in this Act, or the amendments made by
this Act, shall be construed to limit, impair, or otherwise affect the
authority of the United States to institute proceedings under section
340 of the Immigration and Nationality Act (8 U.S.C. 1451), including
proceedings based on concealment of a material fact, willful
misrepresentation, illegal procurement of naturalization, lack of good
moral character, lack of attachment to the principles of the
Constitution of the United States, or lack of disposition to the good
order and happiness of the United States.
(b) Effect of Naturalization Process Violation.--If an alien is
naturalized notwithstanding conduct described in section 318A of the
Immigration and Nationality Act, as added by section 8 of this Act,
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 340 of the Immigration and Nationality Act (8 U.S.C. 1451).
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to require the United States to institute proceedings
under section 340 of the Immigration and Nationality Act (8
U.S.C. 1451);
(2) to limit any ground for denaturalization or revocation
of naturalization under section 340 of the Immigration and
Nationality Act (8 U.S.C. 1451) or any other provision of law;
or
(3) to create any defense to denaturalization or revocation
of naturalization that is not otherwise available under law.
SEC. 10. CRIMINAL PENALTIES FOR NATURALIZATION FRAUD AND FALSE
STATEMENTS.
(a) Naturalization Fraud.--Section 1425 of title 18, United States
Code, is amended--
(1) by striking the undesignated matter following
subsection (b); and
(2) by inserting after subsection (b) the following:
``(c) Penalties.--A person who violates subsection (a) or (b) shall
be fined under this title, imprisoned--
``(1) not more than 25 years, if the offense was committed
to facilitate an act of international terrorism, as defined in
section 2331;
``(2) not more than 20 years, if the offense was committed
to facilitate a drug trafficking crime, as defined in section
929(a), or transnational criminal activity;
``(3) not more than 10 years, in the case of the first or
second such offense, if the offense was not committed to
facilitate an act of international terrorism, a drug
trafficking crime, or transnational criminal activity; or
``(4) not more than 15 years, in the case of any other
offense, or both.
``(d) Forfeiture.--Any document, thing of value, or proceeds
obtained as a result of an offense under this section shall be subject
to forfeiture to the United States.
``(e) Immigration Consequences.--A conviction under this section
shall be deemed to involve moral turpitude, fraud, and obstruction of
the naturalization process for purposes of the Immigration and
Nationality Act.''.
(b) False Statements Relating to Naturalization, Citizenship, or
Registry.--Section 1015 of title 18, United States Code, is amended--
(1) by striking the undesignated matter following
subsection (f); and
(2) by inserting after subsection (f) the following:
``(g) Penalty.--Except as provided in subsection (h), a person who
violates this section shall be fined under this title, imprisoned not
more than 10 years, or both.
``(h) Enhanced Penalty.--If an offense under this section involves
terrorism, espionage, sabotage, a transnational criminal organization,
cartel activity, gang activity, a sex offense, child exploitation,
human trafficking, unlawful voting, false identity, prior removal, or
knowingly acting as an agent, representative, or instrumentality of a
foreign power, or knowingly acting under the direction or control of a
foreign power, in a manner materially inconsistent with allegiance to
the United States, the defendant shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(c) Document Fraud.--Section 274C(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324c(e)(1)) is amended--
(1) in subparagraph (A), by striking ``not less than $250
and not more than $2,000'' and inserting ``not less than $2,500
and not more than $10,000''; and
(2) in subparagraph (B), by striking ``not less than $2,000
and not more than $5,000'' and inserting ``not less than
$10,000 and not more than $25,000''.
(d) Definition.--In this section, the term ``transnational criminal
activity'' means criminal activity carried out by, at the direction of,
or in material coordination with a transnational criminal organization,
cartel, or criminal gang that is based primarily outside the United
States.
(e) Rule of Construction.--Nothing in this section, or the
amendments made by this section, may be construed to limit the
authority of the United States to pursue denaturalization, removal,
forfeiture, civil penalties, criminal penalties, or any other remedy
available under law.
SEC. 11. AMERICA 250 CITIZENSHIP INITIATIVE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an initiative, to
be known as the ``America 250 Citizenship Initiative'', to revise and
strengthen naturalization materials, oath-of-allegiance materials, and
civics resources in connection with the 250th anniversary of the
Declaration of Independence.
(b) Contents.--The initiative established under subsection (a)
shall include--
(1) revised study materials for the naturalization
examination required under section 312 of the Immigration and
Nationality Act;
(2) a citizenship guide explaining the Declaration of
Independence, the Constitution of the United States, the Bill
of Rights, separation of powers, Federalism, religious liberty,
freedom of speech, equal citizenship, the rule of law, and the
duties of citizenship;
(3) model materials for oath-of-allegiance ceremonies;
(4) materials explaining the distinction between
citizenship, lawful permanent residence, temporary presence,
parole, and other immigration statuses;
(5) materials explaining that citizenship requires
allegiance to the United States and attachment to the
principles of the Constitution of the United States;
(6) materials explaining the consequences of fraud,
concealment, false statements, false documents, unlawful
voting, false claims of citizenship, and abuse of the
naturalization process; and
(7) such other materials as the Secretary determines
appropriate to promote understanding of American citizenship,
constitutional liberty, civic obligation, and allegiance to the
United States.
(c) Use of Materials.--The Secretary shall ensure that the
materials developed under this section are incorporated into--
(1) naturalization study materials;
(2) applicant preparation materials;
(3) oath-of-allegiance instruction required under section
337(c) of the Immigration and Nationality Act, as added by
section 7 of this Act; and
(4) public-facing materials concerning naturalization and
citizenship.
(d) Consultation.--In carrying out this section, the Secretary
shall consult with--
(1) the Archivist of the United States;
(2) the Secretary of Education;
(3) the Director of the National Park Service;
(4) the Librarian of Congress;
(5) the Director of the Administrative Office of the United
States Courts; and
(6) such other Federal officials as the Secretary
determines appropriate.
(e) Limitation.--Nothing in this section may be construed to
authorize the Secretary to create any new grant program.
SEC. 12. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Secretary shall
submit to the Committees on the Judiciary of the Senate and the House
of Representatives a report concerning implementation of this Act.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) the number of naturalization applications received;
(2) the number of naturalization applications approved;
(3) the number of naturalization applications denied;
(4) the number of denials based on failure to satisfy
English-language requirements;
(5) the number of denials based on failure to satisfy
civics or history requirements;
(6) the number of denials based on failure to demonstrate
attachment to the principles of the Constitution of the United
States;
(7) the number of denials based on failure to demonstrate
favorable disposition toward the good order and happiness of
the United States;
(8) the number of denials based on false statements,
material misrepresentation, concealment of material facts,
false identity, fraudulent documents, obstruction, or fraud;
(9) the number of referrals made under section 318A(f) of
the Immigration and Nationality Act, as added by section 8;
(10) the number of aliens denied naturalization who were
placed in removal proceedings;
(11) the number of applicants granted waivers or exceptions
from English-language or civics requirements, disaggregated by
statutory basis;
(12) the number of oath ceremonies conducted;
(13) the number of applicants who failed to certify
understanding of the oath of allegiance;
(14) the status of the America 250 Citizenship Initiative;
and
(15) recommendations for legislation or administrative
action to improve the integrity of the naturalization process.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 13. REGULATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the Attorney
General as appropriate, shall promulgate regulations to carry out this
Act and the amendments made by this Act, including regulations
concerning--
(1) the naturalization examination required under section
312 of the Immigration and Nationality Act;
(2) instruction on the oath of allegiance required under
section 337(c) of the Immigration and Nationality Act;
(3) determinations of attachment to the principles of the
Constitution of the United States under section 316(h) of the
Immigration and Nationality Act;
(4) fraud determinations under section 318A of the
Immigration and Nationality Act;
(5) permanent and temporary bars to naturalization under
section 318A of the Immigration and Nationality Act;
(6) referrals to Federal law-enforcement agencies;
(7) recordkeeping requirements;
(8) notice to applicants; and
(9) implementation of the America 250 Citizenship
Initiative.
(b) No Delay.--The failure of the Secretary to promulgate
regulations under subsection (a) shall not delay the effective date of
this Act or the amendments made by this Act.
SEC. 14. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed--
(1) to authorize the denial of naturalization based solely
on speech protected by the First Amendment to the Constitution
of the United States;
(2) to authorize the denial of naturalization based solely
on religious belief, lawful association, familial relationship,
nationality, ethnicity, dual nationality, or lawful contact
with a foreign government;
(3) to limit the authority of the United States to deny
naturalization to any applicant who fails to establish
eligibility for naturalization;
(4) to limit the authority of the United States to bring
denaturalization proceedings under section 340 of the
Immigration and Nationality Act (8 U.S.C. 1451);
(5) to limit the authority of the United States to initiate
removal proceedings;
(6) to limit any ground of inadmissibility or deportability
under the Immigration and Nationality Act;
(7) to limit the authority of the United States to
investigate or prosecute fraud, false statements, false
documents, false claims of citizenship, unlawful voting,
obstruction, perjury, bribery, terrorism, espionage, sabotage,
gang activity, cartel activity, or transnational criminal
activity;
(8) to create any entitlement to naturalization,
citizenship, or any immigration benefit;
(9) to alter the requirement that an applicant for
naturalization bears the burden of establishing eligibility for
naturalization;
(10) 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 Act; or
(11) to alter the allocation of authority between the
Secretary of Homeland Security and the Attorney General under
the Immigration and Nationality Act, the Homeland Security Act
of 2002, or any other provision of law.
SEC. 15. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional or otherwise invalid, the
remainder of this Act, the amendments made by this Act, and the
application of the provisions and amendments to any other person or
circumstance shall not be affected.
SEC. 16. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the date of enactment
of this Act.
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