165 
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.’’. 
(d) 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) uses any passport issued or designed for 
the use of another; 
‘‘(2) uses any passport in violation of the condi-
tions or restrictions therein contained, or in violation 
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166 
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 au-
thority; or 
‘‘(4) violates the terms and conditions of any 
safe conduct duly obtained and issued under the au-
thority of the United States, 
shall be fined under this title, imprisoned not more than 
15 years, or both.’’. 
(e) SCHEMES TO DEFRAUD ALIENS.—Section 1545 
of title 18, United States Code, is amended to read as 
follows: 
‘‘§ 1545. Schemes to defraud aliens 
‘‘(a) IN GENERAL.—Any person who knowingly exe-
cutes 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 
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167 
‘‘(2) obtain or receive money or anything else of 
value from any person by means of false or fraudu-
lent pretenses, representations, or promises, 
shall be fined under this title, imprisoned not more than 
15 years, or both. 
‘‘(b) MISREPRESENTATION.—Any person who know-
ingly and falsely represents that such person is an attor-
ney or an accredited representative (as that term is de-
fined in section 1292.1 of title 8, Code of Federal Regula-
tions (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.’’. 
(f) 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 
(2) by striking subsections (b) and (c) and in-
serting the following: 
‘‘(b) IN GENERAL.—Any person who knowingly— 
‘‘(1) uses any immigration document issued or 
designed for the use of another; 
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168 
‘‘(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 representa-
tion; 
‘‘(4) secures, possesses, uses, transfers, re-
ceives, buys, sells, or distributes any immigration 
document knowing it to be forged, counterfeited, al-
tered, falsely made, stolen, procured by fraud, or 
produced or issued without lawful authority; 
‘‘(5) adopts or uses a false or fictitioius name 
to evade or to attempt to evade the immigration 
laws; or 
‘‘(6) transfers or furnishes, without lawful au-
thority, an immigration document to another person 
for use by a person other than the person for whom 
the pasport was issued or disgned, 
shall be fined under this title, imprisoned not more 15 
years, or both. 
‘‘(c) TRAFFICKING.—Any person who, during any pe-
riod of 3 years or less, knowingly— 
‘‘(1) and without lawful authority produces, 
issues, or transfers 10 or more immigration docu-
ments; 
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169 
‘‘(2) forges, counterfeits, alters, or falsely 
makes 10 or more immigration documents; 
‘‘(3) secures, possesses, uses, buys, sells, or dis-
tributes 10 or more immigration documents, know-
ing the immigration documents to be forged, coun-
terfeited, altered, stolen, falsely made, procured by 
fraud, or produced or issued without lawful author-
ity; 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. 
‘‘(d) IMMIGRATION DOCUMENT MATERIALS.—Any 
person who knowingly and without lawful authority pro-
duces, buys, sells, possesses, or uses any official material 
(or counterfeit of any official material) used to make im-
migration 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. 
‘‘(e) EMPLOYMENT DOCUMENTS.—Any person who 
uses— 
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170 
‘‘(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.’’. 
(g) 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 in-
serting ‘‘20’’; and 
(3) in paragraph (2), by striking ‘‘20’’ and in-
serting ‘‘25’’. 
(h) ATTEMPTS, CONSPIRACIES, JURISDICTION, AND 
DEFINITIONS.—Chapter 75 of title 18, United States 
Code, is amended by adding after section 1547 the fol-
lowing: 
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171 
‘‘§ 1548. Attempts and conspiracies 
‘‘Any person who attempts or conspires to violate any 
section of this chapter shall be punished in the same man-
ner as a person who completed a violation of that section. 
‘‘§ 1549. Additional jurisdiction 
‘‘(a) IN GENERAL.—Any person who commits an of-
fense under this chapter within the special maritime and 
territorial jurisdiction of the United States shall be pun-
ished as provided under this chapter. 
‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per-
son 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 pass-
port or immigration document (or any document 
purporting to be such a document) or any matter, 
right, or benefit arising under or authorized by Fed-
eral immigration laws; 
‘‘(2) the offense is in or affects foreign com-
merce; 
‘‘(3) the offense affects, jeopardizes, or poses a 
significant risk to the lawful administration of Fed-
eral 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 
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172 
2331) or a drug trafficking crime (as defined in sec-
tion 929(a)(2)) that affects or would affect the na-
tional 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. 
‘‘§ 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). 
‘‘§ 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 ‘immigration document’— 
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173 
‘‘(A) means any application, petition, affi-
davit, declaration, attestation, form, visa, iden-
tification card, alien registration document, em-
ployment authorization document, border cross-
ing card, certificate, permit, order, license, 
stamp, authorization, grant of authority, or 
other official document, arising under or au-
thorized by the immigration laws of the United 
States; and 
‘‘(B) includes any document, photograph, 
or other piece of material evidence attached or 
submitted in support of an immigration docu-
ment described in subparagraph (A). 
‘‘(3) 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). 
‘‘(4) A person does not exercise ‘lawful author-
ity’ if the person abuses or improperly exercises law-
ful authority the person otherwise holds. 
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‘‘(5) 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). 
‘‘(6) The term ‘produce’ means to make, pre-
pare, assemble, issue, print, authenticate, or alter. 
‘‘(7) The term ‘to present’ means to offer or 
submit for official processing, examination, or adju-
dication. Any such presentation continues until the 
official processing, examination, or adjudication is 
complete. 
‘‘(8) 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 in-
cludes— 
‘‘(A) any officially authorized use; 
‘‘(B) use to travel; 
‘‘(C) use to demonstrate identity, resi-
dence, nationality, citizenship, or immigration 
status; 
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175 
‘‘(D) use to seek or maintain employment; 
or 
‘‘(E) use in any matter within the jurisdic-
tion of the Federal government or of a State 
government.’’. 
(i) 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. 
‘‘1551. Definitions.’’. 
SEC. 222. OTHER IMMIGRATION REFORMS. 
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.— 
(1) IN GENERAL.—Pursuant to the authority 
under section 994 of title 28, United States Code, 
the United States Sentencing Commission shall pro-
mulgate or amend the sentencing guidelines, policy 
statements, and official commentaries related to 
passport fraud offenses, including the offenses de-
scribed in chapter 75 of title 18, United States 
Code, as amended by section 221, to reflect the seri-
ous nature of such offenses. 
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(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the United States 
Sentencing Commission shall submit to the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representa-
tives a report on the implementation of this sub-
section. 
(b) RELEASE AND DETENTION PRIOR TO DISPOSI-
TION.— 
(1) 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 judi-
cial officer finds that no condition or combination of condi-
tions 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 judi-
cial officer finds that— 
‘‘(A) the person has been convicted of a Federal 
offense that is described in subsection (f)(1) of this 
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177 
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 Fed-
eral 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 de-
scribed in subparagraph (A) of this paragraph, 
whichever is later. 
‘‘(3) Subject to rebuttal by the person, it shall be pre-
sumed that no condition or combination of conditions will 
reasonably assure the appearance of the person as re-
quired and the safety of the community if the judicial offi-
cer 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 
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