§ 3707 : REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES

FALSE STATEMENT IN AN APPLICATION FOR A PASSPORTS.—Section 1542 of title 18, United States Code, is amended to read as follows:

§ 1542. False statement in an application for a passport

a.

IN GENERAL.—Any person who knowingly makes any material 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 material false statement or representation, shall be fined under this title, imprisoned not more than 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)), or 15 years (in the case of any other offense) 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.

OFFENSES OUTSIDE THE UNITED STATES.—An offense under subsection (a) involving an application 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.

MISUSE OF A PASSPORT.—Section 1544 of title 18, United States Code, is amended to read as follows:

§ 1544. Misuse of a passport

Any person who knowingly—

1.

misuses [Lee17]or attempts to misuse for their own purposes any passport issued or designed for the use of another;

2.

uses [Lee17]or attempts to use any passport 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 [Lee17] or attempts to secure, possess, use, receive, buy, sell, or distribute any passport knowing the passport to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; or

4.

substantially 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 25 years (if the offense was committed to facilitate an act of international terrorism (as defined in section 2331of this title)), 20 years (if the offense was committed to facilitate a drug trafficking crime (as defined in section 929(a) of this title)) or 15 years (in the case of any other offense), or both.

SCHEMES TO PROVIDE FRAUDULENT IMMIGRATION SERVICES.—Section 1545 of title 18, United States Code, is amended to read as follows:

§ 1545. Schemes to provide fraudulent immigration services

a.

IN GENERAL.—Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under any Federal immigration law or any matter the offender claims or represents is authorized by or arises under any Federal immigration law, 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, or promises, shall be fined under this title, imprisoned not more than 10 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)) in any matter arising under any Federal immigration law shall be fined under this title, imprisoned not more than 15 years, or both.

IMMIGRATION AND VISA FRAUD.—Section 1546 of title 18, United States Code, is amended—

1.

by amending the section heading to read as follows:§ 1546. Immigration and visa fraud; and

[Lee16]

2.

by redesignating subsection (b) as subsection (d); and

[end]

3.

by inserting after subsection (a) the following new subsections:

b.

TRAFFICKING.—Any person who, during any period of 3 years or less, knowingly—

1.

and without lawful authority produces, issues, or transfers 3 or more immigration documents;

2.

forges, counterfeits, alters, or falsely makes 3 or more immigration documents;

3.

secures, possesses, uses, buys, sells, or distributes 3 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 3 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 10 or more 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.

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.

AUTHORIZED LAW ENFORCEMENT ACTIVITIES.— Chapter 75 of title 18, United States Code, is amended by adding after section 1547 the following:

§ 1548. Authorized law enforcement activities

Nothing in this chapter may be construed to prohibit—

1.

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

2.

any activity authorized under title V of the Organized Crime Control Act of 1970 (Public Law 91–452; 84 Stat. 933).

TABLE OF SECTIONS 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 or false use of a passport.

1544. Misuse of a passport.

1545. Schemes to provide fraudulent immigration services.

1546. Immigration and visa fraud.

1547. Alternative imprisonment maximum for certain offenses.

1548. Authorized law enforcement activities.