S.Amdt. 1569

SA 1569. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
to the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

In title III, beginning on page 253, strike line 19 and all
that follows through the matter preceding line 15 on page
271, and insert the following:

SEC. 3704. ILLEGAL ENTRY.

(a) In General.--Section 275 (8 U.S.C. 1325) is amended to
read as follows:

``SEC. 275. ILLEGAL ENTRY.

``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) enters, attempts to enter, or crosses the border into
the United States at any time or place other than as
designated by the Secretary of Homeland Security;
``(B) eludes examination or inspection by an immigration
officer, or a customs or agriculture inspection at a port of
entry; or
``(C) attempts to enter or obtains entry to the United
States by means of a knowingly false or misleading
representation or the concealment of a material fact.
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 12 months,
or both;

[[Page S5035]]

``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 3 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors or of a felony, shall be
fined under such title, imprisoned not more than 10 years, or
both; and
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien was sentenced to a
term of imprisonment, shall be fined under such title,
imprisoned not more than 15 years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) and (D) of paragraph (2) are elements of
the offenses described in that paragraph and the penalties in
such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant under oath as part of a plea agreement.
``(b) Improper Time or Place; Civil Penalties.--Any alien
who is apprehended while knowingly entering, attempting to
enter, or crossing or attempting to cross the border to the
United States at a time or place other than as designated by
immigration officers shall be subject to a civil penalty, in
addition to any criminal or other civil penalties that may be
imposed under any other provision of law, in an amount equal
to--
``(1) not less than $250 or more than $5,000 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.
``(c) Fraudulent Marriage.--An individual who knowingly
enters into a marriage for the purpose of evading any
provision of the immigration laws shall be imprisoned for not
more than 5 years, fined not more than $250,000, or both.
``(d) Commercial Enterprises.--Any individual who knowingly
establishes a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be
imprisoned for not more than 5 years, fined in accordance
with title 18, United States Code, or both.''.
(b) Clerical Amendment.--The table of contents is amended
by striking the item relating to section 275 and inserting
the following:

``Sec. 275. Illegal entry.''.

(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.

SEC. 3705. REENTRY OF REMOVED ALIEN.

Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has
departed the United States while an order of exclusion,
deportation, or removal is outstanding, and subsequently
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in the United
States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the
penalty provided in subsection (a), if an alien described in
that subsection--
``(1) was convicted for 3 or more misdemeanors before such
removal or departure, the alien shall be fined under title
18, United States Code, imprisoned not more than 10 years, or
both;
``(2) was convicted for an aggravated felony before such
removal or departure, the alien shall be fined under such
title, imprisoned not more than 20 years, or both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both, unless the
Attorney General expressly consents to the entry or reentry,
as the case may be, of the alien; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnapping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B
(relating to terrorism) of such title, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(c) Reentry After Repeated Removal.--Any alien who has
been denied admission, excluded, or deported and thereafter
enters, attempts to enter, crosses the border to, attempts to
cross the border to, or is at any time found in the United
States, shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both, unless the
Attorney General expressly consents to the entry or reentry,
as the case may be, of the alien.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the offenses
described in that subsection, and the penalties in such
subsection shall apply only in cases in which the conviction
or convictions that form the basis for the additional penalty
are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant under oath as part of a plea agreement.
``(e) Affirmative Defenses.--It shall be an affirmative
defense to a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) at the time of the prior exclusion, deportation,
removal, or denial of admission alleged in the violation, the
alien had not yet reached 18 years of age and had not been
convicted of a crime or adjudicated a delinquent minor by a
court of the United States, or a court of a state or
territory, for conduct that would constitute a felony if
committed by an adult.
``(f) Limitation on Collateral Attack on Underlying
Deportation Order.--In a criminal proceeding under this
section, an alien may not challenge the validity of the
deportation order described in subsection (a) or subsection
(c) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available
under this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a
violation of this section for an individual to provide an
alien with emergency medical care and food or to transport
the alien to a location where such medical care or food can
be provided without compensation or the expectation of
compensation.
``(i) Definitions.--In this section:
``(1) Felony.--The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year
under the laws of the United States, any State, or a foreign
government.
``(2) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(3) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any
agreement by which an alien stipulates or agrees to
exclusion, deportation, or removal.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.

SEC. 3706. PENALTIES RELATED TO REMOVAL.

(a) Penalties Relating to Vessels and Aircraft.--Section
243(c) (8 U.S.C. 1253(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``$2,000'' and
inserting ``$5,000'';
(B) in subparagraph (B), by striking ``$5,000'' and
inserting ``$10,000''; and
(C) by inserting at the end the following:
``(D) Exception.--A person, acting without compensation or
the expectation of compensation, is not subject to penalties
under this paragraph if the person is--
``(i) providing, or attempting to provide, an alien with
emergency medical care or food or water; or
``(ii) transporting the alien to a location where such
medical care, food, or water can be provided without
compensation or the expectation of compensation.''.
(b) Discontinuation of Visas to Nationals of Countries
Denying or Delaying Accepting Alien.--Section 243(d) (8
U.S.C. 1253(d)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by striking ``notifies the Secretary'' and inserting
``notifies the Secretary of State''.

SEC. 3707. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD
OFFENSES.

(a) Trafficking in Passports.--Section 1541 of title 18,
United States Code, is amended to read as follows:

``Sec. 1541. Issuance of passports without authority

``(a) In Genera.--Subject to subsection (b), any person who
knowingly--
``(1) and without lawful authority produces, issues, or
transfers a passport;
``(2) forges, counterfeits, alters, or falsely makes a
passport;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes a passport, knowing the

[[Page S5036]]

passport 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 an application for a United States passport, knowing
the application to contain any materially false statement or
representation,

shall be fined under this title, imprisoned not more than 20
years, or both.
``(b) Use in a Terrorism Offense.--Any person who commits
an offense described in subsection (a) to facilitate an act
of international terrorism (as defined in section 2331) shall
be fined under this title, imprisoned not more than 25 years,
or both.
``(c) Passport Materials.--Any person who knowingly and
without lawful authority produces, buys, sells, possesses, or
uses any official material (or counterfeit of any official
material) 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 Passports.--
Section 1542 of title 18, United States Code, is amended to
read as follows:

``Sec. 1542. False statement in an application for a passport

``(a) In General.--Any person who--
``(1) 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 representation and with intent to induce or
secure the issuance of a passport under the authority of the
United States, either for the person's 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
``(2) knowingly uses or attempts to use, or furnishes to
another for use, any passport the issuance of which was
secured in any way by reason of any false statement,

shall be fined under this title, imprisoned not more than 25
years (if the offense was committed to facilitate 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)), or 15 years (in the case of any other offense),
or both.
``(b) Venue.--
``(1) In general.--An offense under subsection (a) may be
prosecuted in any district--
``(A) in which the false statement or representation was
made or the application for a United States passport was
prepared or signed; or
``(B) in which or to which the application was mailed or
presented.
``(2) Offenses outside the united states.--An offense under
subsection (a) involving an application 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) Misuse of a Passport.--Section 1544 of title 18, United
States Code, is amended to read as follows:

``Sec. 1544. Misuse of a passport

``Any person who knowingly--
``(1) uses or attempts to use any passport issued or
designed for the use of another;
``(2) uses or attempts to use any passport in violation of
the conditions and restrictions specified in the passport or
any rules or regulations prescribed pursuant to the laws
regulating the issuance of passports; or
``(3) secures, possesses, uses, receives, buys, sells, or
distributes any passport knowing the passport to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority,

shall be fined under this title, imprisoned not more than 25
years (if the offense was committed to facilitate 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)) or 15 years (in the case of any other offense),
or both.''.
(d) Schemes to Provide Fraudulent Immigration Services.--
Section 1545 of title 18, United States Code, is amended to
read as follows:

``Sec. 1545. Schemes to provide fraudulent immigration
services

``(a) In General.--Any person who knowingly executes a
scheme or artifice, in connection with any matter that is
authorized by or arises under any Federal immigration law or
any matter the offender claims or represents is authorized by
or arises under any Federal immigration law, to--
``(1) defraud any person; or
``(2) 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 10
years, or both.
``(b) Misrepresentation.--Any person who knowingly and
falsely represents that such person is an attorney or an
accredited representative (as that term is defined in section
1292.1 of title 8, Code of Federal Regulations (or any
successor regulation)) in any matter arising under any
Federal immigration law shall be fined under this title,
imprisoned not more than 15 years, or both.''.
(e) Immigration and Visa Fraud.--Section 1546 of title 18,
United States Code, is amended by amending the section
heading to read as follows:

``Sec. 1546. Immigration and visa fraud''.

(f) 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 inserting
``20''; and
(3) in paragraph (2), by striking ``20'' and inserting
``25''.
(g) Authorized Law Enforcement Activities.--Chapter 75 of
title 18, United States Code, is amended by adding after
section 1547 the following:

``Sec. 1548. Authorized law enforcement activities

``Nothing in this chapter may be construed to prohibit--
``(1) 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
``(2) any activity authorized under title V of the
Organized Crime Control Act of 1970 (Public Law 91-452; 84
Stat. 933).''.
(h) Table of Sections 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 or false use of a passport.
``1544. Misuse of a passport.
``1545. Schemes to provide fraudulent immigration services.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Authorized law enforcement activities.''.
______