[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 524

 To strengthen the consequences of the fraudulent use of United States 
         or foreign passports and other immigration documents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2005

Mrs. Feinstein (for herself and Mr. Sessions) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To strengthen the consequences of the fraudulent use of United States 
         or foreign passports and other immigration documents.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FRAUDULENT USE OF PASSPORTS.

    (a) Criminal Code.--
            (1) Secretary of homeland security.--Section 1546 of title 
        18, United States Code, is amended by striking ``the 
        Commissioner of the Immigration and Naturalization Service'' 
        each place it appears and inserting ``the Secretary of Homeland 
        Security''.
            (2) Definition of passport.--Chapter 75 of title 18, United 
        States Code, is amended by adding at the end the following:
``Sec. 1548. Definition
    ``In sections 1543 and 1544, the term `passport' means any passport 
issued by the United States or any foreign country.''.
            (3) Clerical amendment.--The table of sections for chapter 
        75 of title 18, United States Code, is amended by adding at the 
        end the following:

        ``Sec. 1548. Definition.''.
    (b) Immigration and Nationality Act.--Section 101(a)(43)(P) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(P)) is amended to 
read as follows:
                    ``(P) except for a first offense for which an alien 
                affirmatively shows was committed solely for the 
                purpose of assisting, abetting, or aiding only the 
                alien's spouse, child, or parent to violate a provision 
                of this Act--
                            ``(i) an offense described in section 1542, 
                        1543, or 1544 of title 18, United States Code 
                        (relating to false statements in the 
                        application, forgery, or misuse of a passport);
                            ``(ii) an offense described in section 
                        1546(a) of title 18, United States Code, 
                        relating to document fraud used as evidence of 
                        authorized stay or employment in the United 
                        States for which the term of imprisonment is at 
                        least 12 months; or
                            ``(iii) any other offense described in 
                        section 1546(a) of title 18, United States 
                        Code, relating to entry into the United States, 
                        regardless of the term of imprisonment 
                        imposed.''.

SEC. 2. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    Section 3142(f)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (C), by striking ``or'' after the 
        semicolon; and
            (2) by adding at the end the following:
                    ``(E) an offense under section 1542, 1543, 1544, or 
                1546(a) of this title; or''.
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