155 
quire, in addition to existing facilities for the deten-
tion of aliens, at least 20 detention facilities in the 
United States that have the capacity to detain a 
combined total of not less than 20,000 individuals at 
any time for aliens detained pending removal or a 
decision on removal of such aliens from the United 
States. 
(2) REQUIREMENT
TO
CONSTRUCT
OR
AC-
QUIRE.—Subject to the availability of appropria-
tions, the Secretary shall construct or acquire addi-
tional detention facilities in the United States to ac-
commodate the detention beds required by section 
5204(a) of the Intelligence Reform and Terrorism 
Protection Act of 2004 (Public Law 108–458; 118 
Stat. 3734). 
(3) USE
OF
ALTERNATE
DETENTION
FACILI-
TIES.—Subject to the availability of appropriations, 
the Secretary shall fully utilize all possible options to 
cost effectively increase available detention capac-
ities, and shall utilize detention facilities that are 
owned and operated by the Federal Government if 
the use of such facilities is cost effective. 
(4) USE OF INSTALLATIONS UNDER BASE CLO-
SURE LAWS.—In acquiring additional detention fa-
cilities under this subsection, the Secretary shall 
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156 
consider the transfer of appropriate portions of mili-
tary installations approved for closure or realign-
ment under the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note) for use in ac-
cordance with this subsection. 
(5) DETERMINATION OF LOCATION.—The loca-
tion of any detention facility constructed or acquired 
in accordance with this subsection shall be deter-
mined, with the concurrence of the Secretary, by the 
senior officer responsible for Detention and Removal 
Operations in the Department. The detention facili-
ties shall be located so as to enable the officers and 
employees of the Department to increase to the max-
imum extent practicable the annual rate and level of 
removals of illegal aliens from the United States. 
(b) ANNUAL REPORT TO CONGRESS.—Not later than 
1 year after the date of the enactment of this Act, and 
annually thereafter, in consultation with the heads of 
other appropriate Federal agencies, the Secretary shall 
submit to Congress an assessment of the additional deten-
tion facilities and bed space needed to detain unlawful 
aliens apprehended at the United States ports of entry or 
along the international land borders of the United States. 
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157 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 
striking ‘‘may expend’’ and inserting ‘‘shall expend’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 218. DETERMINATION OF IMMIGRATION STATUS OF 
INDIVIDUALS CHARGED WITH FEDERAL OF-
FENSES. 
(a) RESPONSIBILITY
OF UNITED STATES ATTOR-
NEYS.—Beginning not later than 2 years after the date 
of enactment of this Act, the office of the United States 
Attorney that is prosecuting a criminal case in a Federal 
court— 
(1) shall determine, not later than 30 days 
after filing the initial pleadings in the case, whether 
each defendant in the case is lawfully present in the 
United States (subject to subsequent legal pro-
ceedings to determine otherwise); 
(2)(A) if the defendant is determined to be an 
alien lawfully present in the United States, shall no-
tify the court in writing of the determination and 
the current status of the alien under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.); 
and 
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158 
(B) if the defendant is determined not to be 
lawfully present in the United States, shall notify 
the court in writing of the determination, the de-
fendant’s alien status, and, to the extent possible, 
the country of origin or legal residence of the de-
fendant; 
(3) ensure that the information described in 
paragraph (2) is included in the case file and the 
criminal records system of the office of the United 
States attorney; and 
(4) provide notice to the alien and the counsel 
for the alien of any such determination and any such 
submission to the court. 
(b) GUIDELINES.—A determination made under sub-
section (a)(1) shall be made in accordance with guidelines 
of the Executive Office for Immigration Review of the De-
partment of Justice. 
(c) RESPONSIBILITIES OF FEDERAL COURTS.— 
(1) MODIFICATIONS
OF
RECORDS
AND
CASE 
MANAGEMENTS SYSTEMS.—Not later than 2 years 
after the date of enactment of this Act, all Federal 
courts that hear criminal cases, or appeals of crimi-
nal cases, shall modify their criminal records and 
case management systems, in accordance with guide-
lines which the Director of the Administrative Office 
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159 
of the United States Courts shall establish, so as to 
enable accurate reporting of information described in 
subsection (a)(2). 
(2) DATA ENTRIES.—Beginning not later than 
2 years after the date of enactment of this Act, each 
Federal court described in paragraph (1) shall enter 
into its electronic records the information contained 
in each notification to the court under subsection 
(a)(2). 
(d) CONSTRUCTION.—Nothing in this section may be 
construed to provide a basis for admitting evidence to a 
jury or releasing information to the public regarding an 
alien’s immigration status. 
(e) ANNUAL REPORT TO CONGRESS.—The Director 
of the Administrative Office of the United States Courts 
shall include, in the annual report filed with Congress 
under section 604 of title 28, United States Code— 
(1) statistical information on criminal trials of 
aliens in the courts and criminal convictions of 
aliens in the lower courts and upheld on appeal, in-
cluding the type of crime in each case and including 
information on the legal status of the aliens; and 
(2) recommendations on whether additional 
court resources are needed to accommodate the vol-
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160 
ume of criminal cases brought against aliens in the 
Federal courts. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated for each of fiscal years 2008 through 
2012, such sums as may be necessary to carry out 
this section. 
(2) AVAILABILITY
OF
FUNDS.—Funds appro-
priated pursuant to the authorization of appropria-
tions in this subsection in any fiscal year shall re-
main available until expended. 
SEC. 219. EXPANSION OF THE JUSTICE PRISONER AND 
ALIEN TRANSFER SYSTEM. 
Not later than 60 days after the date of enactment 
of this Act, the Attorney General shall issue a directive 
to expand the Justice Prisoner and Alien Transfer System 
so that such System provides additional services with re-
spect to aliens who are illegally present in the United 
States. Such expansion should include— 
(1) increasing the daily operations of such Sys-
tem with buses and air hubs in 3 geographic regions; 
(2) allocating a set number of seats for such 
aliens for each metropolitan area; 
(3) allowing metropolitan areas to trade or give 
some of the seats allocated to the area under such 
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161 
System for such aliens to other areas in their region 
based on the transportation needs of each area; and 
(4) requiring an annual report that analyzes the 
number of seats that each metropolitan area is allo-
cated under such System for such aliens and modi-
fies such allocation if necessary. 
SEC. 220. CANCELLATION OF VISAS. 
Section 222(g) (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by inserting ‘‘and any other non-
immigrant visa issued by the United States that 
is in the possession of the alien’’ after ‘‘such 
visa’’; and 
(2) in paragraph (2)(A), by striking ‘‘(other 
than the visa described in paragraph (1)) issued in 
a consular office located in the country of the alien’s 
nationality’’ and inserting ‘‘(other than a visa de-
scribed in paragraph (1)) issued in a consular office 
located in the country of the alien’s nationality or 
foreign residence’’. 
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162 
Subtitle B—Passport and Visa 
Security 
SEC. 221. REFORM OF PASSPORT FRAUD OFFENSES. 
(a) TRAFFICKING IN PASSPORTS.—Section 1541 of 
title 18, United States Code, is amended to read as fol-
lows: 
‘‘§ 1541. Trafficking in passports 
‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur-
ing 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. 
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‘‘(b) PASSPORT MATERIALS.—Any person who know-
ingly 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.’’. 
(b) FALSE STATEMENT IN AN APPLICATION FOR A 
PASSPORT.—Section 1542 of title 18, United States Code, 
is amended to read as follows: 
‘‘§ 1542. False statement in an application for a pass-
port 
‘‘(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 represen-
tation, shall be fined under this title, imprisoned not more 
than 15 years, or both. 
‘‘(b) VENUE.— 
‘‘(1) IN
GENERAL.—An offense under sub-
section (a) may be prosecuted in any district— 
‘‘(A) in which the false statement or rep-
resentation was made or the application for a 
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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.’’. 
(c) FORGERY AND UNLAWFUL PRODUCTION OF A 
PASSPORT.—Section 1543 of title 18, United States Code, 
is amended to read as follows: 
‘‘§ 1543. Forgery and unlawful production of a pass-
port 
‘‘(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, 
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