characteristics, with other similar law enforcement 
training programs provided by State and local agen-
cies, non-profit organizations, universities, and the 
private sector. 
(4) An evaluation of whether and how utilizing 
comparable non-Federal training programs, pro-
ficiency testing to streamline training, and long-dis-
tance learning programs may affect— 
(A) the cost-effectiveness of increasing the 
number of Border Patrol agents trained per 
year and reducing the per agent costs of basic 
training; and 
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a 
Border Patrol agent. 
SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the 
House of Representatives a report detailing the impact the 
airspace security mission in the National Capital Region 
(in this section referred to as the ‘‘NCR’’) will have on 
the ability of the Department of Homeland Security to 
protect the international land and maritime borders of the 
United States. Specifically, the report shall address:
(1) The specific resources, including personnel, 
assets, and facilities, devoted or planned to be de-
voted to the NCR airspace security mission, and 
from where those resources were obtained or are 
planned to be obtained. 
(2) An assessment of the impact that diverting 
resources to support the NCR mission has or is ex-
pected to have on the traditional missions in and 
around the international land and maritime borders 
of the United States. 
SEC. 112. REPAIR OF PRIVATE INFRASTRUCTURE ON BOR-
DER. 
(a) IN GENERAL.—Subject to the amount appro-
priated in subsection (d) of this section, the Secretary of 
Homeland Security shall reimburse property owners for 
costs associated with repairing damages to the property 
owners’ private infrastructure constructed on a United 
States Government right-of-way delineating the inter-
national land border when such damages are— 
(1) the result of unlawful entry of aliens; and 
(2) confirmed by the appropriate personnel of 
the Department of Homeland Security and sub-
mitted to the Secretary for reimbursement. 
(b) VALUE OF REIMBURSEMENTS.—Reimbursements 
for submitted damages as outlined in subsection (a) shall
not exceed the value of the private infrastructure prior to 
damage. 
(c) REPORTS.—Not later than six months after the 
date of the enactment of this Act and every subsequent 
six months until the amount appropriated for this section 
is expended in its entirety, the Secretary of Homeland Se-
curity shall submit to the Committee on Homeland Secu-
rity of the House of Representatives a report that details 
the expenditures and circumstances in which those ex-
penditures were made pursuant to this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
shall be authorized to be appropriated an initial $50,000 
for each fiscal year to carry out this section. 
SEC. 113. BORDER PATROL UNIT FOR VIRGIN ISLANDS. 
Not later than September 30, 2006, the Secretary of 
Homeland Security shall establish at least one Border Pa-
trol unit for the Virgin Islands of the United States. 
SEC. 114. REPORT ON PROGRESS IN TRACKING TRAVEL OF 
CENTRAL AMERICAN GANGS ALONG INTER-
NATIONAL BORDER. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
report to the Committee on Homeland Security of the 
House of Representatives on the progress of the Depart-
ment of Homeland Security in tracking the travel of Cen-
tral American gangs across the international land border 
of the United States and Mexico. 
SEC. 115. COLLECTION OF DATA. 
Beginning on October 1, 2006, the Secretary of 
Homeland Security shall annually compile data on the fol-
lowing categories of information: 
(1) The number of unauthorized aliens who re-
quire medical care taken into custody by Border Pa-
trol officials. 
(2) The number of unauthorized aliens with se-
rious injuries or medical conditions Border Patrol 
officials encounter, and refer to local hospitals or 
other health facilities. 
(3) The number of unauthorized aliens with se-
rious injuries or medical conditions who arrive at 
United States ports of entry and subsequently are 
admitted into the United States for emergency med-
ical care, as reported by United States Customs and 
Border Protection. 
(4) The number of unauthorized aliens de-
scribed in paragraphs (2) and (3) who subsequently 
are taken into custody by the Department of Home-
land Security after receiving medical treatment.
SEC. 116. DEPLOYMENT OF RADIATION DETECTION POR-
TAL EQUIPMENT AT UNITED STATES PORTS 
OF ENTRY. 
(a) DEPLOYMENT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall deploy radiation portal monitors at all 
United States ports of entry and facilities as determined 
by the Secretary to facilitate the screening of all inbound 
cargo for nuclear and radiological material. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
Department’s progress toward carrying out the deploy-
ment described in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out subsection (a) such sums as may be necessary for each 
of fiscal years 2006 and 2007. 
SEC. 117. CONSULTATION WITH BUSINESSES AND FIRMS. 
With respect to the Secure Border Initiative and for 
the purposes of strengthening security along the inter-
national land and maritime borders of the United States, 
the Secretary of Homeland Security shall conduct out-
reach to and consult with members of the private sector,
including business councils, associations, and small, mi-
nority-owned, women-owned, and disadvantaged busi-
nesses to— 
(1) identify existing and emerging technologies, 
best practices, and business processes; 
(2) maximize economies of scale, cost-effective-
ness, systems integration, and resource allocation; 
and 
(3) identify the most appropriate contract 
mechanisms to enhance financial accountability and 
mission effectiveness of border security programs. 
TITLE 
II—COMBATTING 
ALIEN 
SMUGGLING 
AND 
ILLEGAL 
ENTRY AND PRESENCE 
SEC. 201. DEFINITION OF AGGRAVATED FELONY. 
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
amended— 
(1) in subparagraph (N), by striking ‘‘para-
graph (1)(A) or (2) of section 274(a) (relating to 
alien smuggling)’’ and inserting ‘‘section 274(a)’’ 
and by adding a semicolon at the end; 
(2) in subparagraph (O), by striking ‘‘section 
275(a) or 276 committed by an alien who was pre-
viously deported on the basis of a conviction for an
offense described in another subparagraph of this 
paragraph’’, and inserting ‘‘section 275 or section 
276 for which the term of imprisonment was at least 
one year’’; 
(3) in subparagraph (U), by inserting before 
‘‘an attempt’’ the following: ‘‘soliciting, aiding, abet-
ting, counseling, commanding, inducing, procuring 
or’’; and 
(4) by striking all that follows subparagraph 
(U) and inserting the following: 
‘‘The term applies— 
‘‘(i) to an offense described in this para-
graph whether in violation of Federal or State 
law and applies to such an offense in violation 
of the law of a foreign country for which the 
term of imprisonment was completed within the 
previous 15 years; 
‘‘(ii) even if the length of the term of im-
prisonment is based on recidivist or other en-
hancements; 
‘‘(iii) to an offense described in this para-
graph even if the statute setting forth the of-
fense of conviction sets forth other offenses not 
described in this paragraph, unless the alien af-
firmatively shows, by a preponderance of evi-
dence and using public records related to the 
conviction, 
including 
court 
records, 
police 
records and presentence reports, that the par-
ticular facts underlying the offense do not sat-
isfy the generic definition of that offense; and 
‘‘(iv) regardless of whether the conviction 
was entered before, on, or after September 30, 
1996, and notwithstanding any other provision 
of law (including any effective date).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to offenses that occur before, 
on, or after the date of the enactment of this Act. 
SEC. 202. ALIEN SMUGGLING AND RELATED OFFENSES. 
Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324) is amended to read as follows: 
‘‘ALIEN SMUGGLING AND RELATED OFFENSES 
‘‘SEC. 274. (a) CRIMINAL OFFENSES
AND PEN-
ALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 
‘‘(A) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to attempt to come to or enter the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to come to or enter the 
United States;
‘‘(B) assists, encourages, directs, or in-
duces a person to come to or enter the United 
States at a place other than a designated port 
of entry or place other than as designated by 
the Secretary of Homeland Security, regardless 
of whether such person has official permission 
or lawful authority to be in the United States, 
knowing or in reckless disregard of the fact 
that such person is an alien; 
‘‘(C) assists, encourages, directs, or in-
duces a person to reside in or remain in the 
United States, or to attempt to reside in or re-
main in the United States, knowing or in reck-
less disregard of the fact that such person is an 
alien who lacks lawful authority to reside in or 
remain in the United States; 
‘‘(D) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who 
lacks lawful authority to enter or be in the 
United States, where the transportation or 
movement will aid or further in any manner the 
person’s illegal entry into or illegal presence in 
the United States;
‘‘(E) harbors, conceals, or shields from de-
tection a person in the United States knowing 
or in reckless disregard of the fact that such 
person is an alien who lacks lawful authority to 
be in the United States; 
‘‘(F) transports, moves, harbors, conceals, 
or shields from detection a person outside of 
the United States knowing or in reckless dis-
regard of the fact that such person is an alien 
in unlawful transit from one country to another 
or on the high seas, under circumstances in 
which the person is in fact seeking to enter the 
United States without official permission or 
lawful authority; or 
‘‘(G) conspires or attempts to commit any 
of the preceding acts, 
shall be punished as provided in paragraph (2), re-
gardless of any official action which may later be 
taken with respect to such alien. 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates the provisions of paragraph (1) shall— 
‘‘(A) except as provided in subparagraphs 
(D) through (H), in the case where the offense 
was not committed for commercial advantage, 
profit, or private financial gain, be imprisoned
for not more than 5 years, or fined under title 
18, United States Code, or both; 
‘‘(B) except as provided in subparagraphs 
(C) through (H), where the offense was com-
mitted for commercial advantage, profit, or pri-
vate financial gain— 
‘‘(i) in the case of a first violation of 
this subparagraph, be imprisoned for not 
more than 20 years, or fined under title 
18, United States Code, or both; and 
‘‘(ii) for any subsequent violation, be 
imprisoned for not less than 3 years nor 
more than 20 years, or fined under title 
18, United States Code, or both; 
‘‘(C) in the case where the offense was 
committed for commercial advantage, profit, or 
private financial gain and involved 2 or more 
aliens other than the offender, be imprisoned 
for not less than 3 nor more than 20 years, or 
fined under title 18, United States Code, or 
both; 
‘‘(D) in the case where the offense furthers 
or aids the commission of any other offense 
against the United States or any State, which 
offense is punishable by imprisonment for more
than 1 year, be imprisoned for not less than 5 
nor more than 20 years, or fined under title 18, 
United States Code, or both; 
‘‘(E) in the case where any participant in 
the offense created a substantial risk of death 
or serious bodily injury to another person, in-
cluding— 
‘‘(i) transporting a person in an en-
gine compartment, storage compartment, 
or other confined space; 
‘‘(ii) transporting a person at an ex-
cessive speed or in excess of the rated ca-
pacity of the means of transportation; or 
‘‘(iii) transporting or harboring a per-
son in a crowded, dangerous, or inhumane 
manner, 
be imprisoned not less than 5 nor more than 20 
years, or fined under title 18, United States 
Code, or both; 
‘‘(F) in the case where the offense caused 
serious bodily injury (as defined in section 1365 
of title 18, United States Code, including any 
conduct that would violate sections 2241 or 
2242 of title 18, United States Code, if the con-
duct occurred in the special maritime and terri-
torial jurisdiction of the United States) to any 
person, be imprisoned for not less than 7 nor 
more than 30 years, or fined under title 18, 
United States Code, or both; 
‘‘(G) in the case where the offense involved 
an alien who the offender knew or had reason 
to believe was an alien— 
‘‘(i) engaged in terrorist activity (as 
defined in section 212(a)(3)(B)); or 
‘‘(ii) intending to engage in such ter-
rorist activity, 
be imprisoned for not less than 10 nor more 
than 30 years, or fined under title 18, United 
States Code, or both; and 
‘‘(H) in the case where the offense caused 
or resulted in the death of any person, be pun-
ished by death or imprisoned for not less than 
10 years, or any term of years, or for life, or 
fined under title 18, United States Code, or 
both. 
‘‘(3) 
EXTRATERRITORIAL
JURISDICTION.— 
There is extraterritorial Federal jurisdiction over the 
offenses described in this subsection. 
‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.—
‘‘(1) IN
GENERAL.—Any person who, during 
any 12-month period, knowingly hires for employ-
ment at least 10 individuals with actual knowledge 
that the individuals are aliens described in para-
graph (2), shall be fined under title 18, United 
States Code, imprisoned for not more than 5 years, 
or both. 
‘‘(2) ALIEN DESCRIBED.—A alien described in 
this paragraph is an alien who— 
‘‘(A) is an unauthorized alien (as defined 
in section 274A(h)(3)); and 
‘‘(B) has been brought into the United 
States in violation of subsection (a). 
‘‘(c) SEIZURE AND FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property, real or per-
sonal, that has been used to commit or facilitate the 
commission of a violation of this section, the gross 
proceeds of such violation, and any property trace-
able to such property or proceeds, shall be subject 
to forfeiture. 
‘‘(2) APPLICABLE PROCEDURES.—Seizures and 
forfeitures under this subsection shall be governed 
by the provisions of chapter 46 of title 18, United 
States Code, relating to civil forfeitures, including 
section 981(d) of such title, except that such duties
as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section 
shall be performed by such officers, agents, and 
other persons as may be designated for that purpose 
by the Secretary of Homeland Security. 
‘‘(d) AUTHORITY TO ARREST.—No officer or person 
shall have authority to make any arrests for a violation 
of any provision of this section except officers and employ-
ees designated by the Secretary of Homeland Security, ei-
ther individually or as a member of a class, and all other 
officers whose duty it is to enforce criminal laws. 
‘‘(e) ADMISSIBILITY OF EVIDENCE.— 
‘‘(1) PRIMA FACIE EVIDENCE IN DETERMINA-
TIONS OF VIOLATIONS.—Notwithstanding any provi-
sion of the Federal Rules of Evidence, in deter-
mining whether a violation of subsection (a) has oc-
curred, any of the following shall be prima facie evi-
dence that an alien involved in the violation lacks 
lawful authority to come to, enter, reside, remain, or 
be in the United States or that such alien had come 
to, entered, resided, remained or been present in the 
United States in violation of law: 
‘‘(A) Any order, finding, or determination 
concerning the alien’s status or lack thereof 
made by a federal judge or administrative adju-
dicator (including an immigration judge or an 
immigration officer) during any judicial or ad-
ministrative proceeding authorized under the 
immigration laws or regulations prescribed 
thereunder. 
‘‘(B) An official record of the Department 
of Homeland Security, Department of Justice, 
or the Department of State concerning the 
alien’s status or lack thereof. 
‘‘(C) Testimony by an immigration officer 
having personal knowledge of the facts con-
cerning the alien’s status or lack thereof. 
‘‘(2) 
VIDEOTAPED
TESTIMONY.—Notwith-
standing any provision of the Federal Rules of Evi-
dence, the videotaped (or otherwise audiovisually 
preserved) deposition of a witness to a violation of 
subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise un-
available to testify, may be admitted into evidence in 
an action brought for that violation if the witness 
was available for cross examination at the deposition 
and the deposition otherwise complies with the Fed-
eral Rules of Evidence. 
‘‘(f) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘lawful authority’ means permis-
sion, authorization, or license that is expressly pro-
vided for in the immigration laws of the United 
States or the regulations prescribed thereunder. 
Such term does not include any such authority se-
cured by fraud or otherwise obtained in violation of 
law, nor does it include authority that has been 
sought but not approved. No alien shall be deemed 
to have lawful authority to come to, enter, reside, re-
main, or be in the United States if such coming to, 
entry, residence, remaining, or presence was, is, or 
would be in violation of law. 
‘‘(2) The term ‘unlawful transit’ means travel, 
movement, or temporary presence that violates the 
laws of any country in which the alien is present, or 
any country from which or to which the alien is trav-
eling or moving.’’. 
SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in the section heading, by inserting ‘‘UN-
LAWFUL
PRESENCE;’’ after ‘‘IMPROPER
TIME
OR 
PLACE;’’;