Security a report containing the findings of the review, 
including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental 
contract management, insufficient departmental financial 
oversight, bundling that limits the ability of small business 
to compete, or other high risk business practices. 
(c) REPORT BY SECRETARY.—Not later than 30 days 
after the receipt of each report required under subsection 
(b), the Secretary of Homeland Security shall submit to 
the appropriate congressional committees (as defined in 
section 102(g)) a report on the findings of the report by 
the Inspector General and the steps the Secretary has 
taken, or plans to take, to address the problems identified 
in such report. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts that are otherwise authorized to be appro-
priated to the Office of the Inspector General, an addi-
tional amount equal to at least five percent for fiscal year 
2007, at least six percent for fiscal year 2008, and at least 
seven percent for fiscal year 2009 of the overall budget 
of the Office for each such fiscal year is authorized to be 
appropriated to the Office to enable the Office to carry 
out this section. 
(e) ACTION BY INSPECTOR GENERAL.—In the event 
the Inspector General becomes aware of any improper con-
duct or wrongdoing in accordance with the contract review 
required under subsection (a), the Inspector General shall, 
as expeditiously as practicable, refer information related 
to such improper conduct or wrongdoing to the Secretary 
of Homeland Security or other appropriate official in the 
Department of Homeland Security for purposes of evalu-
ating whether to suspend or debar the contractor. 
SEC. 110. BORDER PATROL TRAINING CAPACITY REVIEW. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a review of the basic training 
provided to Border Patrol agents by the Department of 
Homeland Security to ensure that such training is pro-
vided as efficiently and cost-effectively as possible. 
(b) COMPONENTS OF REVIEW.—The review under 
subsection (a) shall include the following components: 
(1) An evaluation of the length and content of 
the basic training curriculum provided to new Bor-
der Patrol agents by the Federal Law Enforcement 
Training Center, including a description of how the 
curriculum has changed since September 11, 2001. 
(2) A review and a detailed breakdown of the 
costs incurred by United States Customs and Border 
Protection and the Federal Law Enforcement Train-
ing Center to train one new Border Patrol agent.
(3) A comparison, based on the review and 
breakdown under paragraph (2) of the costs, effec-
tiveness, scope, and quality, including geographic 
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 appropriate congressional committees a re-
port 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. 
SEC. 118. SENSE OF CONGRESS REGARDING ENFORCE-
MENT OF IMMIGRATION LAWS. 
(a) FINDINGS.—Congress finds the following: 
(1) A primary duty of the Federal Government 
is to secure the homeland and ensure the safety of 
United States citizens and lawful residents.
(2) As a result of the terrorist attacks on Sep-
tember 11, 2001, perpetrated by al Qaida terrorists 
on United States soil, the United States is engaged 
in a Global War on Terrorism. 
(3) According to the National Commission on 
Terrorist Attacks Upon the United States, up to 15 
of the 9/11 hijackers could have been intercepted or 
deported through more diligent enforcement of im-
migration laws. 
(4) Four years after those attacks, there is still 
a failure to secure the borders of the United States 
against illegal entry. 
(5) The failure to enforce immigration laws in 
the interior of the United States means that illegal 
aliens face little or no risk of apprehension or re-
moval once they are in the country. 
(6) If illegal aliens can enter and remain in the 
United States with impunity, so, too, can terrorists 
enter and remain while they plan, rehearse, and then 
carry out their attacks. 
(7) The failure to control and to prevent illegal 
immigration into the United States increases the 
likelihood that terrorists will succeed in launching 
catastrophic or harmful attacks on United States 
soil.
(8) There are numerous immigration laws that 
are currently not being enforced. 
(9) Law enforcement officers are often discour-
aged from enforcing the law by superiors. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President, the Attorney General, Secretary 
of State, Secretary of Homeland Security, and other De-
partment Secretaries should immediately use every tool 
available to them to enforce the immigration laws of the 
United States, as enacted by Congress. 
SEC. 119. SECURING ACCESS TO BORDER PATROL UNI-
FORMS. 
Notwithstanding any other provision of law, all uni-
forms procured for the use of Border Patrol agents shall 
be manufactured in the United States substantially all 
from articles, materials, or supplies mined, produced, or 
manufactured, as the case may be, in the United States. 
SEC. 120. US-VISIT. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Homeland Security, in 
consultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional 
committees a timeline for—
(1) equipping all land border ports of entry 
with the US-VISIT system;
(2) developing and deploying at all land border 
ports of entry the exit component of the US-VISIT 
system; and 
(3) 
making 
interoperable 
all 
immigration 
screening systems operated by the Department of 
Homeland Security. 
SEC. 121. VOLUNTARY RELOCATION PROGRAM EXTENSION. 
Section 5739(e) of title 5, United States Code, is 
amended by striking ‘‘7’’ and inserting ‘‘12’’. 
SEC. 122. COMPLETION OF BACKGROUND AND SECURITY 
CHECKS. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing: 
‘‘(i) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, 
and the courts may not—
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence, 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court, 
until an IBIS check on the alien has been initiated at a 
Treasury Enforcement Communications System (TECS) 
access level of no less than Level 3, results from the check 
have been returned, and any derogatory information has 
been obtained and assessed, and until any other such 
background and security checks have been completed as 
the Secretary may require. 
‘‘(j) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, 
and the courts may not—
‘‘(1) grant or order the grant of adjustment of 
status of an alien to that of an alien lawfully admit-
ted for permanent residence, 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws, or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Secretary, the Attorney 
General, or any court, 
until any suspected or alleged fraud relating to the grant-
ing of any status (including the granting of adjustment 
of status), relief, protection from removal, or other benefit
under this subsection has been fully investigated and 
found to be unsubstantiated.’’. 
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. 
(a) IN GENERAL.—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.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 274 in the table of contents of such Act is amended 
to read as follows:
‘‘Sec. 274. Alien smuggling and related offenses.’’.
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;’’; 
(2) in subsection (a)—
(A) by striking ‘‘Any alien’’ and inserting 
‘‘Except as provided in subsection (b), any 
alien’’; 
(B) by striking ‘‘or’’ before (3);
(C) by inserting after ‘‘concealment of a 
material fact,’’ the following: ‘‘or (4) is other-
wise present in the United States in violation of 
the immigration laws or the regulations pre-
scribed thereunder,’’; and 
(D) by striking ‘‘6 months’’ and inserting 
‘‘one year and a day’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c)(1) Whoever—
‘‘(A) knowingly enters into a marriage for the 
purpose of evading any provision of the immigration 
laws; or 
‘‘(B) knowingly misrepresents the existence or 
circumstances of a marriage—
‘‘(i) in an application or document arising 
under or authorized by the immigration laws of 
the United States or the regulations prescribed 
thereunder, or 
‘‘(ii) during any immigration proceeding 
conducted by an administrative adjudicator (in-
cluding an immigration officer or examiner, a 
consular officer, an immigration judge, or a 
member of the Board of Immigration Appeals);
shall be fined under title 18, United States Code, or 
imprisoned not more than 10 years, or both. 
‘‘(2) Whoever—
‘‘(A) knowingly enters into two or more mar-
riages for the purpose of evading any provision of 
the immigration laws; or 
‘‘(B) knowingly arranges, supports, or facili-
tates two or more marriages designed or intended to 
evade any provision of the immigration laws; 
shall be fined under title 18, United States Code, impris-
oned not less than 2 years nor more than 20 years, or 
both. 
‘‘(3) An offense under this subsection continues until 
the fraudulent nature of the marriage or marriages is dis-
covered by an immigration officer. 
‘‘(4) For purposes of this section, the term ‘pro-
ceeding’ includes an adjudication, interview, hearing, or 
review.’’
(4) in subsection (d)— 
(A) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(B) by adding at the end the following: 
‘‘An offense under this subsection continues 
until the fraudulent nature of the commercial
enterprise is discovered by an immigration offi-
cer.’’; and 
(5) by adding at the end the following new sub-
sections: 
‘‘(e)(1) Any alien described in paragraph (2)— 
‘‘(A) shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both, if the offense described in such paragraph was 
committed subsequent to a conviction or convictions 
for commission of three or more misdemeanors in-
volving drugs, crimes against the person, or both, or 
a felony; 
(B) whose violation was subsequent to con-
viction for a felony for which the alien received 
a sentence of 30 months or more, shall be fined 
under title 18, United States Code, imprisoned 
not more than 10 years, or both; or 
(C) whose violation was subsequent to con-
viction for a felony for which the alien received 
a sentence of 60 months or more, shall be fined 
under title 18, United States Code, imprisoned 
not more than 20 years, or both. 
‘‘(2) An alien described in this paragraph is an alien 
who—
‘‘(A) enters or attempts to enter the United 
States at any time or place other than as designated 
by immigration officers; 
‘‘(B) eludes examination or inspection by immi-
gration officers; 
‘‘(C) attempts to enter or obtains entry to the 
United States by a willfully false or misleading rep-
resentation or the willful concealment of a material 
fact; or 
‘‘(D) is otherwise present in the United States 
in violation of the immigration laws or the regula-
tions prescribed thereunder. 
‘‘(3) The prior convictions in subparagraph (A), (B), 
or (C) of paragraph (1) are elements of those crimes and 
the penalties in those subparagraphs shall apply only in 
cases in which the conviction (or convictions) that form 
the basis for the additional penalty are alleged in the in-
dictment or information and are proven beyond a reason-
able doubt at trial or admitted by the defendant in plead-
ing guilty. Any admissible evidence may be used to show 
that the prior conviction is a qualifying crime, and the 
criminal trial for a violation of this section shall not be 
bifurcated.
‘‘(4) An offense under subsection (a) or paragraph 
(1) of this subsection continues until the alien is discov-
ered within the United States by immigration officers. 
‘‘(f) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 204. REENTRY OF REMOVED ALIENS. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking all that 
follows ‘‘United States’’ the first place it ap-
pears and inserting a comma; 
(B) in the matter following paragraph (2), 
by striking ‘‘imprisoned not more than 2 
years,’’ and inserting ‘‘imprisoned for a term of 
not less than 1 year and not more than 2 
years,’’; 
(C) by adding at the end the following: ‘‘It 
shall be an affirmative defense to an offense 
under this subsection that (A) prior to an 
alien’s reembarkation at a place outside the 
United States or an alien’s application for ad-
mission from foreign contiguous territory, the
Secretary of Homeland Security has expressly 
consented to the alien’s reapplying for admis-
sion; or (B) with respect to an alien previously 
denied admission and removed, such alien was 
not required to obtain such advance consent 
under this Act or any prior Act.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘impris-
oned not more than 10 years,’’ and insert ‘‘im-
prisoned for a term of not less than 5 years and 
not more than 10 years,’’; 
(B) in paragraph (2), by striking ‘‘impris-
oned not more than 20 years,’’ and insert ‘‘im-
prisoned for a term of not less than 10 years 
and not more than 20 years,’’; 
(C) in paragraph (3), by striking ‘‘. or’’ 
and inserting ‘‘; or’’; 
(D) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert 
‘‘imprisoned for a term of not less than 5 years 
and not more than 10 years,’’; and 
(E) by adding at the end the following: 
‘‘The prior convictions in paragraphs (1) and 
(2) are elements of enhanced crimes and the 
penalties under such paragraphs shall apply
only where the conviction (or convictions) that 
form the basis for the additional penalty are al-
leged in the indictment or information and are 
proven beyond a reasonable doubt at trial or 
admitted by the defendant in pleading guilty. 
Any admissible evidence may be used to show 
that the prior conviction is a qualifying crime 
and the criminal trial for a violation of either 
such paragraph shall not be bifurcated.’’; 
(3) in subsections (b)(3), (b)(4), and (c), by 
striking ‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’ each place it appears; 
(4) in subsection (c), by striking ‘‘242(h)(2)’’ 
and inserting ‘‘241(a)(4)’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) For purposes of this section, the term ‘attempts 
to enter’ refers to the general intent of the alien to enter 
the United States and does not refer to the intent of the 
alien to violate the law.’’. 
SEC. 205. MANDATORY SENTENCING RANGES FOR PERSONS 
AIDING OR ASSISTING CERTAIN REENTERING 
ALIENS. 
Section 277 of the Immigration and Nationality Act 
(8 U.S.C. 1327) is amended—
(1) by striking ‘‘Any person’’ and inserting ‘‘(a) 
Subject to subsection (b), any person’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) Any person who knowingly aids or assists any 
alien violating section 276(b) to reenter the United States, 
or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to reenter the 
United States, shall be fined under title 18, United States 
Code, imprisoned for a term imposed under paragraph (2), 
or both. 
‘‘(2) The term of imprisonment imposed under para-
graph (1) shall be within the range to which the reentering 
alien is subject under section 276(b).’’. 
SEC. 206. PROHIBITING CARRYING OR USING A FIREARM 
DURING AND IN RELATION TO AN ALIEN 
SMUGGLING CRIME. 
Section 924(c) of title 18, United States Code, is 
amended— 
(1) in paragraphs (1)(A) and (1)(D)(ii), by in-
serting ‘‘, alien smuggling crime,’’ after ‘‘crime of vi-
olence’’ each place it appears; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) For purposes of this subsection, the term ‘alien 
smuggling crime’ means any felony punishable under sec-
tion 274(a), 277, or 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a), 1327, or 1328).’’. 
SEC. 207. CLARIFYING CHANGES. 
(a) EXCLUSION BASED ON FALSE CLAIM OF NA-
TIONALITY.— 
(1) IN GENERAL.—Section 212(a)(6)(C)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(ii)) is amended— 
(A) in the heading, by inserting ‘‘OR NA-
TIONALITY’’ after ‘‘CITIZENSHIP’’; and 
(B) by inserting ‘‘or national’’ after ‘‘cit-
izen’’ each place it appears. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to acts occur-
ring before, on, or after such date. 
(b) SHARING OF INFORMATION.—Section 290(b) of 
such Act (8 U.S.C. 1360(b)) is amended— 
(1) by inserting ‘‘, or as to any person seeking 
any benefit or privilege under the immigration 
laws,’’ after ‘‘United States’’; 
(2) by striking ‘‘Service’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(3) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary’’.
(c) 
EXCEPTIONS
AUTHORITY.—Section 
212(a)(3)(B)(ii) of such Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
is amended by striking ‘‘Subclause (VII)’’ and inserting 
‘‘Subclause (IX)’’. 
SEC. 208. VOLUNTARY DEPARTURE REFORM. 
(a) ENCOURAGING ALIENS
TO DEPART VOLUN-
TARILY.— 
(1) AUTHORITY.—Subsection (a) of section 
240B of the Immigration and Nationality Act (8 
U.S.C. 1229c) is amended— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN LIEU OF REMOVAL PROCEEDINGS.—The 
Secretary of Homeland Security may permit an alien 
voluntarily to depart the United States at the alien’s 
own expense under this subsection, in lieu of being 
subject to proceedings under section 240, if the alien 
is not described in section 237(a)(2)(A)(iii) or sec-
tion 237(a)(4).’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraph (2) as 
paragraph (3); 
(D) by inserting after paragraph (1) the 
following new paragraph: