165 
(6) in the case where the violation caused or re-
sulted in the death of any person regardless of where 
the death occurred, be punished by death or impris-
oned for not less than 10 years and up to a life sen-
tence, fined not more than $1,000,000, or both. 
SEC. 1205. SEIZURE OR FORFEITURE OF PROPERTY. 
(a) IN GENERAL.—Any conveyance (including any 
vessel, vehicle, or aircraft) that has been or is being used 
in the commission of any violation of this title), the gross 
proceeds of such violation, and any property traceable to 
such conveyance or proceeds shall be seized and subject to 
forfeiture in the same manner as property seized or forfeited 
under section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324). 
(b) PRIMA FACIE EVIDENCE OF VIOLATIONS OF THE 
TITLE.—Practices commonly recognized as alien smuggling 
tactics may provide prima facie evidence of intent to use 
a vessel to commit, or to facilitate the commission of, a vio-
lation of this title and may support seizure and forfeiture 
of the vessel, even in the absence aboard the vessel of an 
alien in unlawful transit. The following indicia may be 
considered, in the totality of the circumstances, to be prima 
facie evidence that a vessel is intended to be used to commit, 
or to facilitate the commission of, a violation of this title: 
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(1) The construction or adaptation of the vessel 
in a manner that facilitates smuggling, including— 
(A) the configuration of the vessel to avoid 
being detected visually or by radar; 
(B) the presence of any compartment or 
equipment that is built or fitted out for smug-
gling (excluding items reasonably used for the 
storage of personal valuables); 
(C) the presence of an auxiliary fuel, oil, or 
water tank not installed in accordance with ap-
plicable law or installed in such a manner as to 
enhance the vessel’s smuggling capability; 
(D) the presence of engines, the power of 
which exceeds the design specifications or size of 
the vessel; 
(E) the presence of materials used to reduce 
or alter the heat or radar signature of the vessel 
or avoid detection; 
(F) the presence of a camouflaging paint 
scheme or materials used to camouflage the ves-
sel; and 
(G) the display of false vessel registration 
numbers, false indicia of vessel nationality, false 
vessel name, or false vessel homeport. 
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(2) The presence or absence of equipment, per-
sonnel, or cargo inconsistent with the type or declared 
purpose of the vessel. 
(3) The presence of fuel, lube oil, food, water, or 
spare parts inconsistent with legitimate operation of 
the vessel, the construction or equipment of the vessel, 
or the character of the vessel. 
(4) The operation of the vessel without lights 
during times lights are required to be displayed under 
applicable law or regulation or in a manner of navi-
gation. 
(5) The failure of the vessel to stop, respond, or 
heave to when hailed by an official of the Federal 
Government, including conducting evasive maneuvers. 
(6) The declaration to the Federal Government of 
apparently false information about the vessel, crew, or 
voyage or the failure to identify the vessel by name 
or country of registration when requested to do so by 
a Government official. 
(c) PRIMA FACIE EVIDENCE OF THE ABSENCE OF 
LAWFUL AUTHORITY TO ENTER.—Notwithstanding any 
provision of the Federal Rules of Evidence, in determining 
whether a violation of this title has occurred, any of the 
following shall be prima facie evidence in an action for sei-
zure or forfeiture pursuant to this section that an alien in-
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168 
volved in the alleged offense had not received prior official 
permission or legal authorization to come to, enter, or reside 
in the United States or that such alien had come to, entered, 
or remained in the United States in violation of law: 
(1) Any order, finding, or determination con-
cerning the alien’s status or lack thereof made by a 
Federal judge or administrative adjudicator (includ-
ing an immigration judge or an immigration officer) 
during any judicial or administrative proceeding au-
thorized under the immigration laws or regulations 
prescribed thereunder. 
(2) Official records of the Department of Home-
land Security, the Department of Justice, or the De-
partment of State concerning the alien’s status or 
lack thereof. 
(3) Testimony by an immigration officer having 
personal knowledge of the facts concerning the alien’s 
status or lack thereof. 
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Union Calendar No. 72 
110TH CONGRESS 
1ST SESSION 
H. R. 1684 
[Report No. 110–122] 
A BILL 
To authorize appropriations for the Department of 
Homeland Security for fiscal year 2008, and for 
other purposes. 
MAY 4, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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