[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 276 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 276
To strengthen the consequences of the fraudulent use of United States
or foreign passports and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 11, 2007
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 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 ``Passport and Visa
Security Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REFORM OF PASSPORT FRAUD OFFENSES
Sec. 101. Trafficking in passports.
Sec. 102. False statement in an application for a passport.
Sec. 103. Forgery and unlawful production of a passport.
Sec. 104. Misuse of a passport.
Sec. 105. Schemes to defraud aliens.
Sec. 106. Immigration and visa fraud.
Sec. 107. Alternative imprisonment maximum for certain offenses.
Sec. 108. Attempts, conspiracies, jurisdiction, and definitions.
Sec. 109. Clerical amendment.
TITLE II--OTHER REFORMS
Sec. 201. Directive to the United States Sentencing Commission.
Sec. 202. Release and detention prior to disposition.
Sec. 203. Protection for legitimate refugees and asylum seekers.
Sec. 204. Diplomatic security service.
Sec. 205. Uniform statute of limitations for certain immigration,
passport, and naturalization offenses.
TITLE I--REFORM OF PASSPORT FRAUD OFFENSES
SEC. 101. TRAFFICKING IN PASSPORTS.
Section 1541 of title 18, United States Code, is amended to read as
follows:
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any period of 3
years or less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport,
knowing the applications to contain any false statement or
representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official
material (or counterfeit of any official material) used to make a
passport, including any distinctive paper, seal, hologram, image, text,
symbol, stamp, engraving, or plate, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
SEC. 102. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.
Section 1542 of title 18, United States Code, is amended to read as
follows:
``Sec. 1542. False statement in an application for a passport
``(a) In General.--Whoever knowingly makes any false statement or
representation in an application for a United States passport, or
mails, prepares, presents, or signs an application for a United States
passport knowing the application to contain any false statement or
representation, shall be fined under this title, imprisoned not more
than 15 years, or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or
representation was made or the application for a United
States passport was prepared or signed; or
``(B) in which or to which the application was
mailed or presented.
``(2) Acts occurring outside the united states.--An offense
under subsection (a) involving an application for a United
States passport prepared and adjudicated outside the United
States may be prosecuted in the district in which the resultant
passport was or would have been produced.
``(c) Savings Clause.--Nothing in this section may be construed to
limit the venue otherwise available under sections 3237 and 3238 of
this title.''.
SEC. 103. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.
Section 1543 of title 18, United States Code, is amended to read as
follows:
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who knowingly--
``(1) forges, counterfeits, alters, or falsely makes any
passport; or
``(2) transfers any passport knowing it to be forged,
counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person knowing or in reckless
disregard of the fact that such person is not entitled to
receive a passport; or
``(3) transfers or furnishes a passport to any person for
use by any person other than the person for whom the passport
was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
SEC. 104. MISUSE OF A PASSPORT.
Section 1544 of title 18, United States Code, is amended to read as
follows:
``Sec. 1544. Misuse of a passport
``Any person who knowingly--
``(1) uses any passport issued or designed for the use of
another;
``(2) uses any passport in violation of the conditions or
restrictions therein contained, or in violation of the laws,
regulations, or rules governing the issuance and use of the
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) violates the terms and conditions of any safe conduct
duly obtained and issued under the authority of the United
States,
shall be fined under this title, imprisoned not more than 15 years, or
both.''.
SEC. 105. SCHEMES TO DEFRAUD ALIENS.
Section 1545 of title 18, United States Code, is amended to read as
follows:
``Sec. 1545. Schemes to defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under Federal immigration laws or any matter the offender claims or
represents is authorized by or arises under Federal immigration laws,
to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, promises,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations (or any successor regulation to such
section)) in any matter arising under Federal immigration laws shall be
fined under this title, imprisoned not more than 15 years, or both.''.
SEC. 106. IMMIGRATION AND VISA FRAUD.
Section 1546 of title 18, United States Code, is amended to read as
follows:
``Sec. 1546. Immigration and visa fraud
``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes, without lawful authority, an
immigration document to another person for use by a person
other than the person for whom the passport was issued or
designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Trafficking.--Any person who, during any period of 3 years or
less, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or uses any
official material (or counterfeit of any official material) used to
make immigration documents, including any distinctive paper, seal,
hologram, image, text, symbol, stamp, engraving, or plate, shall be
fined under this title, imprisoned not more than 20 years, or both.
``(d) Employment Documents.--Whoever uses--
``(1) an identification document, knowing (or having reason
to know) that the document was not issued lawfully for the use
of the possessor;
``(2) an identification document knowing (or having reason
to know) that the document is false; or
``(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the
Immigration and Nationality Act (8 U.S.C. 1324a(b)), shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 107. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN OFFENSES.
Section 1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``(other than an offense under section 1545)'';
(2) in paragraph (1), by striking ``15'' and inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
SEC. 108. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND DEFINITIONS.
Chapter 75 of title 18, United States Code, is amended by adding
after section 1547 the following new sections:
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of that section.
``Sec. 1549. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States passport or
immigration document (or any document purporting to be such a
document) or any matter, right, or benefit arising under or
authorized by Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States or an
alien lawfully admitted for permanent residence (as those terms
are defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1550. Authorized law enforcement activities
``Nothing in this chapter shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United States,
or any activity authorized under title V of the Organized Crime Control
Act of 1970 (Public Law 91-452; 84 Stat. 933).
``Sec. 1551. Definitions
``As used in this chapter:
``(1) The term `application for a United States passport'
includes any document, photograph, or other piece of evidence
submitted in support of an application for a United States
passport.
``(2) The term `false statement or representation' includes
a personation or an omission.
``(3) The term `immigration document'--
``(A) means any application, petition, affidavit,
declaration, attestation, form, visa, identification
card, alien registration document, employment
authorization document, border crossing card,
certificate, permit, order, license, stamp,
authorization, grant of authority, or other official
document, arising under or authorized by the
immigration laws of the United States; and
``(B) includes any document, photograph, or other
piece of evidence attached to or submitted in support
of an immigration document described in subparagraph
(A).
``(4) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the
authority of any law described in subparagraph (A) or
(B).
``(5) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(6) The term `passport' means--
``(A) a travel document attesting to the identity
and nationality of the bearer that is issued under the
authority of the Secretary of State, a foreign
government, or an international organization; or
``(B) any instrument purporting to be a document
described in subparagraph (A).
``(7) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(8) The term `to present' means to offer or submit for
official processing, examination, or adjudication. Any such
presentation continues until the official processing,
examination, or adjudication is complete.
``(9) The `use' of a passport or an immigration document
referred to in section 1541(a), 1543(b), 1544, 1546(a), and
1546(b) of this chapter includes--
``(A) any officially authorized use;
``(B) use to travel;
``(C) use to demonstrate identity, residence,
nationality, citizenship, or immigration status;
``(D) use to seek or maintain employment; or
``(E) use in any matter within the jurisdiction of
the Federal government or of a State government.''.
SEC. 109. CLERICAL AMENDMENT.
The table of sections for chapter 75 of title 18, United States
Code, is amended to read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Attempts and conspiracies.
``1549. Additional jurisdiction.
``1550. Authorized law enforcement activities.
``1550. Definitions.''.
TITLE II--OTHER REFORMS
SEC. 201. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to the authority under section 994 of
title 28, United States Code, the United States Sentencing Commission
shall promulgate or amend the sentencing guidelines, policy statements,
and official commentaries related to passport fraud offenses, including
the offenses described in chapter 75 of title 18, United States Code,
as amended by section 2, to reflect the serious nature of such
offenses.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the United States Sentencing Commission shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report on
the implementation of this section.
SEC. 202. RELEASE AND DETENTION PRIOR TO DISPOSITION.
(a) Detention.--Section 3142(e) of title 18, United States Code, is
amended to read as follows:
``(e) Detention.--(1) If, after a hearing pursuant to the
provisions of subsection (f) of this section, the judicial officer
finds that no condition or combination of conditions will reasonably
assure the appearance of the person as required and the safety of any
other person and the community, such judicial officer shall order the
detention of the person before trial.
``(2) In a case described in subsection (f)(1) of this section, a
rebuttable presumption arises that no condition or combination of
conditions will reasonably assure the safety of any other person and
the community if such judicial officer finds that--
``(A) the person has been convicted of a Federal offense
that is described in subsection (f)(1) of this section, or of a
State or local offense that would have been an offense
described in subsection (f)(1) of this section if a
circumstance giving rise to Federal jurisdiction had existed;
``(B) the offense described in subparagraph (A) of this
paragraph was committed while the person was on release pending
trial for a Federal, State, or local offense; and
``(C) a period of not more than five years has elapsed
since the date of conviction, or the release of the person from
imprisonment, for the offense described in subparagraph (A) of
this paragraph, whichever is later.
``(3) Subject to rebuttal by the person, it shall be presumed that
no condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of the community if
the judicial officer finds that there is probable cause to believe that
the person committed an offense for which a maximum term of
imprisonment of ten years or more is prescribed in the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, an offense under section 924(c), 956(a), or 2332b of this title, or
an offense listed in section 2332b(g)(5)(B) of this title for which a
maximum term of imprisonment of 10 years or more is prescribed, or an
offense involving a minor victim under section 1201, 1591, 2241, 2242,
2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3),
2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422,
2423, or 2425 of this title.
``(4) Subject to rebuttal by the person, it shall be presumed that
no condition or combination of conditions will reasonably assure the
appearance of the person as required if the judicial officer finds that
there is probable cause to believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under chapter 75 of
this title.''.
(b) Factors to Be Considered.--Section 3142(g)(3) of title 18,
United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by adding at the end the following new subparagraph:
``(C) the person's immigration status; and''.
SEC. 203. PROTECTION FOR LEGITIMATE REFUGEES AND ASYLUM SEEKERS.
(a) Protection for Legitimate Refugees and Asylum Seekers.--The
Attorney General, in consultation with the Secretary of Homeland
Security, shall develop binding prosecution guidelines for Federal
prosecutors to ensure that any prosecution of an alien seeking entry
into the United States by fraud is consistent with the United States
treaty obligations under Article 31(1) of the Convention Relating to
the Status of Refugees, done at Geneva July 28, 1951 (as made
applicable by the Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST 6223)).
(b) No Private Right of Action.--The guidelines required by
subsection (a), and any internal office procedures adopted pursuant
thereto, are intended solely for the guidance of attorneys for the
United States. This section, such guidelines, and the process for
determining such guidelines are not intended to, do not, and may not be
relied upon to create any right or benefit, substantive or procedural,
enforceable at law by any party in any administrative, civil, or
criminal matter
SEC. 204. DIPLOMATIC SECURITY SERVICE.
Section 37(a)(1) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2709(a)(1)) is amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of
the Department of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction defined in
paragraph (9) of section 7 of title 18, United States
Code;''.
SEC. 205. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION,
PASSPORT, AND NATURALIZATION OFFENSES.
(a) In General.--Section 3291 of title 18, United States Code, is
amended to read as follows:
``Sec. 3291. Immigration, passport, and naturalization offenses
``No person shall be prosecuted, tried, or punished for a violation
of any section of chapters 69 (relating to nationality and citizenship
offenses) or 75 (relating to passport and visa offenses) of this title,
or for an attempt or conspiracy to violate any such section, unless the
indictment is returned or the information is filed within ten years
after the commission of the offense.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by striking the item relating
to section 3291 and inserting the following:
``3291. Immigration, passport, and naturalization offenses''.
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