[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''.
                                 <all>