Sec. 317. Reform of passport, visa, and immigration fraud offenses
883 words·~4 min read·
/bill/113/hr/2278/rh/section-317A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 75 of title 18, United States Code, is amended to read as follows: Sec. 1541. Issuance without authority. 1542. False statement in application and use of passport. 1543. Forgery or false use of passport. 1544. Misuse of a passport. 1545. Schemes to defraud aliens. 1546. Immigration and visa fraud. 1547. Attempts and conspiracies. 1548. Alternative penalties for certain offenses. 1549. Definitions. Whoever— acting or claiming to act in any office or capacity under the United States, or a State, without lawful authority grants, issues, or verifies any passport or other instrument in the nature of a passport to or for any person; or being a consular officer authorized to grant, issue, or verify passports, knowingly grants, issues, or verifies any such passport to or for any person not owing allegiance, to the United States, whether a citizen or not; shall be fined under this title or imprisoned not more than 15 years, or both.
In this section, the term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. Whoever knowingly— makes any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws; or uses or attempts to use, or furnishes to another for use any passport the issue of which was secured in any way by reason of any false statement; shall be fined under this title or imprisoned not more than 15 years, or both.
Whoever— falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same; shall be fined under this title or imprisoned not more than 15 years, or both.
Whoever knowingly— uses any passport issued or designed for the use of another; 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; secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, stolen, or produced or issued without lawful authority; or 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.
Whoever inside the United States, or in or affecting interstate or foreign commerce, in connection with any matter that is authorized by or arises under the immigration laws of the United States or any matter the offender claims or represents is authorized by or arises under the immigration laws of the United States, knowingly executes a scheme or artifice— to defraud any person, or to 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 15 years, or both.
Whoever knowingly— uses any immigration document issued or designed for the use of another; forges, counterfeits, alters, or falsely makes any immigration document; mails, prepares, presents, or signs any immigration document knowing it to contain any materially false statement or representation; 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; adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; transfers or furnishes, without lawful authority, an immigration document to another person for use by a person other than the person for whom the immigration document was issued or designed; or produces, issues, authorizes, or verifies, without lawful authority, an immigration document; shall be fined under this title, imprisoned not more than 15 years, or both.
Whoever attempts or conspires to violate this chapter shall be punished in the same manner as a person who completes that violation. Whoever violates any section in this chapter to facilitate an act of international terrorism or domestic terrorism (as such terms are defined in section 2331), shall be fined under this title or imprisoned not more than 25 years, or both. Whoever violates any section in this chapter to facilitate a drug trafficking crime (as defined in section 929(a)) shall be fined under this title or imprisoned not more than 20 years, or both.
In this chapter: An application for a United States passport includes any document, photograph, or other piece of evidence attached to or submitted in support of the application. The term immigration document means any instrument on which is recorded, by means of letters, figures, or marks, matters which may be used to fulfill any requirement of the Immigration and Nationality Act. .