(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply to offenses committed 
after such date. 
SEC. 105. DISCONTINUING GRANT OF VISAS TO NATIONALS 
OF COUNTRIES NOT COOPERATING IN COM-
BATTING ALIEN SMUGGLING. 
If the Secretary of Homeland Security determines 
that the government of a foreign country has not cooper-
ated fully with the United States, or has not taken ade-
quate steps on its own, to combat the smuggling of aliens 
into the United States from territory controlled by the 
state, the Secretary shall order consular officers in the 
country to discontinue granting immigrant or non-
immigrant visas, or both, to citizens, subjects, nationals, 
and residents of the country until the Secretary deter-
mines that the country has begun to cooperate fully, or 
has taken adequate steps, to combat such smuggling. 
Subtitle B—Border Personnel and 
Strategy 
SEC. 111. REPORT ON NUMBER OF BORDER PATROL 
AGENTS NEEDED TO SECURE NORTHERN 
BORDER. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of
the United States shall submit a report to the Committees 
on the Judiciary of the House of Representatives and the 
Senate on the number of border patrol agents needed to 
secure the northern border of the United States. 
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Sec-
retary of Homeland Security shall cooperate with the 
Comptroller General of the United States in carrying out 
this section. 
SEC. 112. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDER. 
Section 1385 of title 18, United States Code, is 
amended by inserting after ‘‘execute the laws’’ the fol-
lowing: ‘‘other than at or near a border of the United 
States in order to prevent aliens, terrorists, and drug 
smugglers from entering the United States’’. 
SEC. 113. USE OF BORDER PROPERTY TO SECURE THE BOR-
DER. 
Section 102(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended by striking ‘‘this section.’’ and inserting 
‘‘this section and to secure the borders of the United 
States against aliens, terrorists, and drug smugglers.’’.
SEC. 114. REPORT ON BORDER STRATEGY. 
(a) EVALUATION OF STRATEGY.—The Comptroller 
General of the United States shall track, monitor, and 
evaluate the Secretary of Homeland Security’s strategy to 
deter illegal entry in the United States to determine the 
efficacy of such strategy. 
(b) COOPERATION.—The Attorney General, the Sec-
retary of State, the Secretary of Defense, and the Sec-
retary of Homeland Security shall cooperate with the 
Comptroller General of the United States in carrying out 
subsection (a). 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, and every year thereafter 
for the succeeding 5 years, the Comptroller General of the 
United States shall submit a report to the Committees on 
the Judiciary of the House of Representatives and of the 
Senate on the results of the activities undertaken under 
subsection (a) during the previous year. Each such report 
shall include an analysis of the degree to which the Sec-
retary of Homeland Security’s strategy has been effective 
in reducing illegal entry. Each such report shall include 
a collection and systematic analysis of data, including 
workload indicators, related to activities to deter illegal 
entry and recommendations to improve and increase bor-
der security at the border and ports of entry.
TITLE II—SCREENING ALIENS 
SEEKING ADMISSION 
SEC. 201. INCREASE IN FULL-TIME INSPECTORS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in each of fiscal years 2006 through 2013, shall in-
crease by not less than 250 the number of positions for 
full-time inspectors within the Department of Homeland 
Security above the number of positions for which funds 
were allotted for the preceding fiscal year. 
(b) REPEAL.—Section 101(a)(1) of the Enhanced 
Border Security and Visa Entry Reform Act of 2002 
(Public Law 107–173) is repealed. 
SEC. 202. VISA WAIVER PROGRAM. 
(a) PASSPORT REQUIREMENTS.—Section 217(a)(3) 
(8 U.S.C. 1187(a)(3)) is amended to read as follows: 
‘‘(3) MACHINE-READABLE, TAMPER-RESISTANT 
PASSPORT WITH BIOMETRIC IDENTIFIERS.—On and 
after October 1, 2005, the alien at the time of appli-
cation for admission is in possession of a valid unex-
pired machine-readable passport that— 
‘‘(A) satisfies the internationally accepted 
standard for machine readability; 
‘‘(B) is tamper-resistant; and 
‘‘(C) incorporates biometric and document 
authentification identifiers that comply with ap-
plicable biometric and document identifying 
standards established by the International Civil 
Aviation Organization.’’. 
(b) REPEAL.—Section 303(c) of the Enhanced Bor-
der Security and Visa Entry Reform Act of 2002 (Public 
Law 107–173) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2007. 
SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is 
amended by adding at the end the following: 
‘‘(j) Prior to the issuance of an immigrant or non-
immigrant visa to any alien, the consular officer shall re-
quire such alien to submit to an in-person interview in ac-
cordance with such regulations as may be prescribed.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the amend-
ment made by subsection (a) such sums as may be nec-
essary for fiscal years 2006 through 2013. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to visas issued after October 1, 
2005.
SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF 
INADMISSIBILITY. 
(a) TRANSFER AND REDESIGNATION.—Section 212 
(8 U.S.C. 1182) is amended— 
(1) by transferring subsection (e) to the end of 
section 222 (8 U.S.C. 1202), as amended by section 
5301(a) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458) and 
redesignating it as subsection (i); 
(2) by transferring subsections (j), (m), (n), 
and (q) to the end of section 214 (8 U.S.C. 1202) 
and redesignating them as subsections (s), (t), (u), 
and (v), respectively; and 
(3) by amending the remainder of such section 
to read as follows: 
‘‘GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE 
VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF 
INADMISSIBILITY 
‘‘SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR 
VISAS OR ADMISSION.—Except as otherwise provided in 
this Act, aliens who are inadmissible under the following 
paragraphs are ineligible to receive visas and ineligible to 
be admitted to the United States: 
‘‘(1) HEALTH-RELATED GROUNDS.— 
‘‘(A) IN GENERAL.—Any alien—
‘‘(i) who is determined (in accordance 
with regulations prescribed by the Sec-
retary of Health and Human Services) to 
have a communicable disease of public 
health significance, which shall include in-
fection with the etiologic agent for ac-
quired immune deficiency syndrome; 
‘‘(ii) except as provided in subpara-
graph (C), who seeks admission as an im-
migrant, or who seeks adjustment of status 
to the status of an alien lawfully admitted 
for permanent residence, and who has 
failed to present documentation of having 
received vaccination against vaccine-pre-
ventable diseases, which shall include at 
least the following diseases: mumps, mea-
sles, rubella, polio, tetanus and diphtheria 
toxoids, pertussis, influenza type B and 
hepatitis B, and any other vaccinations 
against vaccine-preventable diseases rec-
ommended by the Advisory Committee for 
Immunization Practices; 
‘‘(iii) who is determined (in accord-
ance with regulations prescribed by the 
Secretary of Health and Human Services
in consultation with the Secretary of 
Homeland Security)— 
‘‘(I) to have a physical or mental 
disorder and behavior associated with 
the disorder that may pose, or has 
posed, a threat to the property, safety, 
or welfare of the alien or others; or 
‘‘(II) to have had a physical or 
mental disorder and a history of be-
havior associated with the disorder, 
which behavior has posed a threat to 
the property, safety, or welfare of the 
alien or others and which behavior is 
likely to recur or to lead to other 
harmful behavior; or 
‘‘(iv) who is determined (in accord-
ance with regulations prescribed by the 
Secretary of Health and Human Services) 
to be a drug abuser or addict, 
is inadmissible. 
‘‘(B) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain clauses of 
subparagraph (A), see subsection (e). 
‘‘(C) EXCEPTION FROM IMMUNIZATION RE-
QUIREMENT FOR ADOPTED CHILDREN 10 YEARS
OF AGE OR YOUNGER.—Clause (ii) of subpara-
graph (A) shall not apply to a child who— 
‘‘(i) is 10 years of age or younger; 
‘‘(ii) 
is 
described 
in 
section 
101(b)(1)(F); and 
‘‘(iii) is seeking an immigrant visa as 
an 
immediate 
relative 
under 
section 
201(b), 
if, prior to the admission of the child, an adop-
tive parent or prospective adoptive parent of the 
child, who has sponsored the child for admis-
sion as an immediate relative, has executed an 
affidavit stating that the parent is aware of the 
provisions of subparagraph (A)(ii) and will en-
sure that, within 30 days of the child’s admis-
sion, or at the earliest time that is medically 
appropriate, the child will receive the vaccina-
tions identified in such subparagraph. 
‘‘(2) CRIMINAL AND RELATED GROUNDS.— 
‘‘(A) CONVICTION OF CERTAIN CRIMES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any alien convicted of, 
or who admits having committed, or who 
admits committing acts which constitute 
the essential elements of—
‘‘(I) a crime involving moral tur-
pitude (other than a purely political 
offense) or an attempt or conspiracy 
to commit such a crime; or 
‘‘(II) a violation of (or a con-
spiracy or attempt to violate) any law 
or regulation of a State, the United 
States, or a foreign country relating 
to a controlled substance (as defined 
in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)), 
is inadmissible. 
‘‘(ii) EXCEPTION.—Clause (i)(I) shall 
not apply to an alien who committed only 
one crime if— 
‘‘(I) the crime was committed 
when the alien was under 18 years of 
age, and the crime was committed 
(and the alien released from any con-
finement to a prison or correctional 
institution imposed for the crime) 
more than 5 years before the date of 
application for a visa or other docu-
mentation and the date of application 
for admission to the United States; or
‘‘(II) the maximum penalty pos-
sible for the crime of which the alien 
was convicted (or which the alien ad-
mits having committed or of which the 
acts that the alien admits having com-
mitted constituted the essential ele-
ments) did not exceed imprisonment 
for one year and, if the alien was con-
victed of such crime, the alien was not 
sentenced to a term of imprisonment 
in excess of 6 months (regardless of 
the extent to which the sentence was 
ultimately executed). 
‘‘(B) 
MULTIPLE
CRIMINAL
CONVIC-
TIONS.—Any alien convicted of 2 or more of-
fenses (other than purely political offenses), re-
gardless of whether the conviction was in a sin-
gle trial or whether the offenses arose from a 
single scheme of misconduct and regardless of 
whether the offenses involved moral turpitude, 
for which the aggregate sentences to confine-
ment were 5 years or more is inadmissible. 
‘‘(C) 
CONTROLLED
SUBSTANCE
TRAF-
FICKERS.—Any alien who the consular officer
or the Secretary of Homeland Security knows 
or has reason to believe— 
‘‘(i) is or has been an illicit trafficker 
in any controlled substance or in any listed 
chemical (as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 
802)), or is or has been a knowing aider, 
abettor, assistant, conspirator, or colluder 
with others in the illicit trafficking in any 
such controlled or listed substance or 
chemical, or endeavored to do so; or 
‘‘(ii) is the spouse, son, or daughter of 
an alien inadmissible under clause (i), has, 
within the previous 5 years, obtained any 
financial or other benefit from the illicit 
activity of that alien, and knew or reason-
ably should have known that the financial 
or other benefit was the product of such il-
licit activity, 
is inadmissible. 
‘‘(D) 
PROSTITUTION
AND
COMMER-
CIALIZED VICE.—Any alien who— 
‘‘(i) is coming to the United States 
solely, principally, or incidentally to engage 
in prostitution, or has engaged in prostitu-
tion within 10 years of the date of applica-
tion for a visa, admission, or adjustment of 
status; 
‘‘(ii) directly or indirectly procures or 
attempts to procure, or (within 10 years of 
the date of application for a visa, entry, or 
adjustment of status) procured or at-
tempted to procure or to import, pros-
titutes or persons for the purpose of pros-
titution, or receives or (within such 10- 
year period) received, in whole or in part, 
the proceeds of prostitution; or 
‘‘(iii) is coming to the United States 
to engage in any other unlawful commer-
cialized vice, whether or not related to 
prostitution, 
is inadmissible. 
‘‘(E) CERTAIN ALIENS INVOLVED IN SERI-
OUS CRIMINAL ACTIVITY WHO HAVE ASSERTED 
IMMUNITY FROM PROSECUTION.—Any alien— 
‘‘(i) who has committed in the United 
States at any time a serious criminal of-
fense (as defined in section 101(h));
‘‘(ii) for whom immunity from crimi-
nal jurisdiction was exercised with respect 
to that offense; 
‘‘(iii) who as a consequence of the of-
fense and exercise of immunity has de-
parted from the United States; and 
‘‘(iv) who has not subsequently sub-
mitted fully to the jurisdiction of the court 
in the United States having jurisdiction 
with respect to that offense, 
is inadmissible. 
‘‘(F) WAIVER
AUTHORIZED.—For provi-
sion authorizing waiver of certain subpara-
graphs of this paragraph, see subsection (f). 
‘‘(G) SERIOUS HUMAN RIGHTS ABUSERS.— 
Any serious human rights violator (as defined 
in section 101(a)(51)) is inadmissible. 
‘‘(H) SIGNIFICANT TRAFFICKERS IN PER-
SONS.— 
‘‘(i) IN GENERAL.—Any alien who is 
listed in a report submitted pursuant to 
section 111(b) of the Trafficking Victims 
Protection Act of 2000, or who the con-
sular officer or the Secretary of Homeland 
Security knows or has reason to believe is
or has been a knowing aider, abettor, as-
sistant, conspirator, or colluder with such 
a trafficker in severe forms of trafficking 
in persons, as defined in section 103 of 
such Act, is inadmissible. 
‘‘(ii) 
BENEFICIARIES
OF
TRAF-
FICKING.—Except as provided in clause 
(iii), any alien who the consular officer or 
the Secretary of Homeland Security knows 
or has reason to believe is the spouse, son, 
or daughter of an alien inadmissible under 
clause (i), has, within the previous 5 years, 
obtained any financial or other benefit 
from the illicit activity of that alien, and 
knew or reasonably should have known 
that the financial or other benefit was the 
product of such illicit activity, is inadmis-
sible. 
‘‘(iii) EXCEPTION FOR CERTAIN SONS 
AND
DAUGHTERS.—Clause (ii) shall not 
apply to a son or daughter who was a child 
at the time he or she received the benefit 
described in such clause. 
‘‘(I) MONEY LAUNDERING.—Any alien—
‘‘(i) who a consular officer, the Attor-
ney General, or the Secretary of Homeland 
Security knows, or has reason to believe, 
has engaged, is engaging, or seeks to enter 
the United States to engage, in an offense 
which is described in section 1956 or 1957 
of title 18, United States Code (relating to 
laundering of monetary instruments); or 
‘‘(ii) who a consular officer, the Attor-
ney General, or the Secretary of Homeland 
Security knows is, or has been, a knowing 
aider, abettor, assistant, conspirator, or 
colluder with others in an offense which is 
described in such section, 
is inadmissible. 
‘‘(J) AGGRAVATED FELONY.— 
‘‘(i) IN
GENERAL.—Any alien con-
victed of an aggravated felony is inadmis-
sible. 
‘‘(ii) WAIVER
AUTHORIZED.—Clause 
(i) shall not apply in the case of an alien 
with respect to a criminal conviction if the 
alien subsequent to the criminal conviction 
has been granted a full and unconditional
pardon by the President of the United 
States or by the Governor of any State. 
‘‘(K) CERTAIN FIREARM OFFENSES.—Any 
alien who is convicted under any law of pur-
chasing, selling, offering for sale, exchanging, 
using, owning, possessing, or carrying, or of at-
tempting or conspiring to purchase, sell, offer 
for sale, exchange, use, own, possess, or carry, 
any weapon, part, or accessory which is a fire-
arm or destructive device (as defined in section 
921(a) of title 18, United States Code) in viola-
tion of any law is inadmissible. 
‘‘(3) SECURITY AND RELATED GROUNDS.— 
‘‘(A) IN GENERAL.—Any alien who a con-
sular officer, the Attorney General, or the Sec-
retary of Homeland Security knows, or has rea-
sonable ground to believe, seeks to enter the 
United States to engage solely, principally, or 
incidentally in— 
‘‘(i) any activity— 
‘‘(I) to violate any law of the 
United States relating to espionage or 
sabotage; or 
‘‘(II) to violate or evade any law 
prohibiting 
the 
export 
from 
the
United States of goods, technology, or 
sensitive information; 
‘‘(ii) any other unlawful activity, in-
cluding participation in a criminal enter-
prise, conspiracy, or scheme; or 
‘‘(iii) any activity a purpose of which 
is the opposition to, or the control or over-
throw of, the Government of the United 
States by force, violence, or other unlawful 
means, 
is inadmissible. 
‘‘(B) TERRORIST ACTIVITIES.— 
‘‘(i) IN GENERAL.—Any alien who— 
‘‘(I) has engaged in a terrorist 
activity; 
‘‘(II) a consular officer, the At-
torney General, or the Secretary of 
Homeland Security knows, or has rea-
sonable ground to believe, is engaged 
in or is likely to engage after entry in 
any terrorist activity (as defined in 
clause (iv)); 
‘‘(III) has, under circumstances 
indicating an intention to cause death
or serious bodily harm, incited ter-
rorist activity; 
‘‘(IV) is a representative (as de-
fined in clause (v)) of— 
‘‘(aa) a terrorist organiza-
tion; or 
‘‘(bb) a political, social, or 
other group that endorses or es-
pouses terrorist activity; 
‘‘(V) is a member of a terrorist 
organization; 
‘‘(VI) endorses or espouses ter-
rorist activity or persuades others to 
endorse or espouse terrorist activity or 
support a terrorist organization; 
‘‘(VII) had information about an 
activity that the alien knew, or should 
have known, was a terrorist activity 
(before or after such activity occurred 
or while it was ongoing), knew, or 
should have known, that such infor-
mation was not public information, 
and failed to report such information 
to a governmental authority; or