S.Amdt. 359

SA 359. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 1268, Making emergency supplemental appropriations for the fiscal year ending September 30, 2005, to establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, to ensure expeditious construction of the San Diego border fence, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMMIGRATION FRAUD.

(a) Fraudulent Use of Passports.--

(1) Criminal code.--

(A) Secretary of homeland security.--Section 1546 of title 18, United States Code, is amended by striking “the Commissioner of the Immigration and Naturalization Service” each place it appears and inserting “the Secretary of Homeland Security”.

(B) Definition of passport.--Chapter 75 of title 18, United States Code, is amended by adding at the end the following:

“Sec. 1548. Definition

“In sections 1543 and 1544, the term ‘passport' means any passport issued by the United States or any foreign country.”.

(C) Clerical amendment.--The table of sections for chapter 75 of title 18, United States Code, is amended by adding at the end the following:

“Sec. 1548. Definition.”.

(2) Immigration and nationality act.--Section 101(a)(43)(P) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(P)) is amended to read as follows:

“(P)(i) an offense described in section 1542, 1543, or 1544 of title 18, United States Code (relating to false statements in the application, forgery, or misuse of a passport);

“(ii) an offense described in section 1546(a) of title 18, United States Code, relating to document fraud used as evidence of authorized stay or employment in the United States for which the term of imprisonment is at least 12 months; or

“(iii) any other offense described in section 1546(a) of title 18, United States Code, relating to entry into the United States, regardless of the term of imprisonment imposed.”.

(b) Release and Detention Prior to Disposition.--Section 3142(f)(1) of title 18, United States Code, is amended--

(1) in subparagraph (C), by striking “or” after the semicolon; and

(2) by adding at the end the following:

“(E) an offense under section 1542, 1543, 1544, or 1546(a) of this title; or”.