1423
sale, or other disposition, after obligations are met, shall
be deposited in the Treasury of the United States as mis-
cellaneous receipts.
‘‘(d) FINANCIAL AUDITS.—The Service shall conduct
detailed financial audits of closed undercover operations
on a quarterly basis and shall report the results of the
audits in writing to the Deputy Attorney General.’’.
(b) CLERICAL AMENDMENT.—The table of contents
is amended by inserting after the item relating to section
293 the following:
‘‘Sec. 294. Undercover investigation authority.’’.
Subtitle B—Deterrence of
Document Fraud
SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU-
LENT USE OF GOVERNMENT-ISSUED DOCU-
MENTS.
(a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED
IDENTIFICATION DOCUMENTS.—(1) Section 1028(b) of
title 18, United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(1)’’
and by striking ‘‘five years’’ and inserting ‘‘15
years’’;
(B) in paragraph (2), by inserting ‘‘except as
provided in paragraphs (3) and (4),’’ after ‘‘(2)’’
and by striking ‘‘and’’ at the end;
1424
(C) by redesignating paragraph (3) as para-
graph (5); and
(D) by inserting after paragraph (2) the follow-
ing new paragraphs:
‘‘(3) a fine under this title or imprisonment for
not more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
‘‘(4) a fine under this title or imprisonment for
not more than 25 years, or both, if the offense is
committed to facilitate an act of international terror-
ism (as defined in section 2331(1) of this title);
and’’.
(2) Sections 1425 through 1427, sections 1541
through 1544, and section 1546(a) of title 18, United
States Code, are each amended by striking ‘‘imprisoned
not more’’ and all that follows through ‘‘years’’ each place
it appears and inserting the following: ‘‘imprisoned not
more than 25 years (if the offense was committed to facili-
tate an act of international terrorism (as defined in section
2331 of this title)), 20 years (if the offense was committed
to facilitate a drug trafficking crime (as defined in section
929(a) of this title)), 10 years (in the case of the first
or second such offense, if the offense was not committed
to facility such an act of international terrorism or a drug
1425
trafficking crime), or 15 years (in the case of any other
offense)’’.
(b) CHANGES TO THE SENTENCING LEVELS.—
(1) IN
GENERAL.—Pursuant to the Commis-
sion’s authority under section 994(p) of title 28,
United States Code, the United States Sentencing
Commission shall promulgate sentencing guidelines
or amend existing sentencing guidelines for offend-
ers convicted of violating, or conspiring to violate,
sections 1028(b)(1), 1425 through 1427, 1541
through 1544, and 1546(a) of title 18, United
States Code, in accordance with this subsection.
(2) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall, with respect to the of-
fenses referred to in paragraph (1)—
(A) increase the base offense level for such
offenses at least 2 offense levels above the level
in effect on the date of the enactment of this
Act;
(B) review the sentencing enhancement for
number of documents or passports involved
(U.S.S.G. 2L2.1(b)(2)), and increase the up-
ward adjustment by at least 50 percent above
the applicable enhancement in effect on the
date of the enactment of this Act;
1426
(C) impose an appropriate sentencing en-
hancement upon an offender with 1 prior felony
conviction arising out of a separate and prior
prosecution for an offense that involved the
same or similar underlying conduct as the cur-
rent offense, to be applied in addition to any
sentencing enhancement that would otherwise
apply pursuant to the calculation of the defend-
ant’s criminal history category;
(D) impose an additional appropriate sen-
tencing enhancement upon an offender with 2
or more prior felony convictions arising out of
separate and prior prosecutions for offenses
that involved the same or similar underlying
conduct as the current offense, to be applied in
addition to any sentencing enhancement that
would otherwise apply pursuant to the calcula-
tion of the defendant’s criminal history cat-
egory; and
(E) consider whether any other aggravat-
ing or mitigating circumstances warrant up-
ward or downward sentencing adjustments.
(3) EMERGENCY AUTHORITY TO SENTENCING
COMMISSION.—The Commission shall promulgate
the guidelines or amendments provided for under
1427
this subsection as soon as practicable in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority
under that Act had not expired.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to of-
fenses occurring on or after the date of the enactment of
this Act.
SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL
PENALTIES FOR DOCUMENT FRAUD.
(a) ACTIVITIES PROHIBITED.—Section 274C(a) (8
U.S.C. 1324c(a)) is amended—
(1) in paragraph (1), by inserting before the
comma at the end the following: ‘‘or to obtain a ben-
efit under this Act’’;
(2) in paragraph (2), by inserting before the
comma at the end the following: ‘‘or to obtain a ben-
efit under this Act’’;
(3) in paragraph (3)—
(A) by inserting ‘‘or with respect to’’ after
‘‘issued to’’;
(B) by adding before the comma at the end
the following: ‘‘or obtaining a benefit under this
Act’’; and
(C) by striking ‘‘or’’ at the end;