rity described in subsection (b) to the Committee on Home-
land Security of the House of Representatives, such Com-
mittee shall promptly report to the House legislation au-
thorizing necessary security measures based on its evalua-
tion of the National Strategy for Border Security. 
(g) APPROPRIATE CONGRESSIONAL COMMITTEE.—For 
purposes of this title, the term ‘‘appropriate congressional 
committee’’ has the meaning given it in section 2(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 101(2)). 
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY 
AGREEMENTS. 
(a) IN GENERAL.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate congressional com-
mittees (as defined in section 102(g)) a report on the imple-
mentation of the cross-border security agreements signed by 
the United States with Mexico and Canada, including rec-
ommendations on improving cooperation with such coun-
tries to enhance border security. 
(b) UPDATES.—The Secretary shall regularly update 
the Committee on Homeland Security of the House of Rep-
resentatives concerning such implementation. 
SEC. 104. BIOMETRIC DATA ENHANCEMENTS. 
Not later than October 1, 2006, the Secretary of Home-
land Security shall—
(1) in consultation with the Attorney General, 
enhance connectivity between the IDENT and IAFIS 
fingerprint databases to ensure more expeditious data 
searches; and 
(2) in consultation with the Secretary of State, 
collect all fingerprints from each alien required to 
provide fingerprints during the alien’s initial enroll-
ment in the integrated entry and exit data system de-
scribed in section 110 of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1221 note). 
SEC. 105. ONE FACE AT THE BORDER INITIATIVE. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to Congress a report— 
(1) describing the tangible and quantifiable bene-
fits of the One Face at the Border Initiative estab-
lished by the Department of Homeland Security; 
(2) identifying goals for and challenges to in-
creased effectiveness of the One Face at the Border 
Initiative; 
(3) providing a breakdown of the number of in-
spectors who were—
(A) personnel of the United States Customs 
Service before the date of the establishment of the 
Department of Homeland Security; 
(B) personnel of the Immigration and Nat-
uralization Service before the date of the estab-
lishment of the Department; 
(C) personnel of the Department of Agri-
culture before the date of the establishment of the 
Department; or 
(D) hired after the date of the establishment 
of the Department; 
(4) describing the training time provided to each 
employee on an annual basis for the various training 
components of the One Face at the Border Initiative; 
and 
(5) outlining the steps taken by the Department 
to ensure that expertise is retained with respect to 
customs, immigration, and agriculture inspection 
functions under the One Face at the Border Initia-
tive. 
SEC. 106. SECURE COMMUNICATION. 
The Secretary of Homeland Security shall, as expedi-
tiously as practicable, develop and implement a plan to en-
sure clear and secure two-way communication capabili-
ties—
(1) among all Border Patrol agents conducting 
operations between ports of entry; 
(2) between Border Patrol agents and their re-
spective Border Patrol stations; 
(3) between Border Patrol agents and residents 
in remote areas along the international land border 
who do not have mobile communications, as the Sec-
retary determines necessary; and 
(4) between all appropriate Department of 
Homeland Security border security agencies and 
State, local, and tribal law enforcement agencies. 
SEC. 107. PORT OF ENTRY INSPECTION PERSONNEL. 
In each of fiscal years 2007 through 2010, the Sec-
retary of Homeland Security shall, subject to the avail-
ability of appropriations, increase by not less than 250 the 
number of positions for full-time active duty port of entry 
inspectors. There are authorized to be appropriated to the 
Secretary such sums as may be necessary for each such fis-
cal year to hire, train, equip, and support such additional 
inspectors under this section. 
SEC. 108. CANINE DETECTION TEAMS. 
In each of fiscal years 2007 through 2011, the Sec-
retary of Homeland Security shall, subject to the avail-
ability of appropriations, increase by not less than 25 per-
cent above the number of such positions for which funds
were allotted for the preceding fiscal year the number of 
trained detection canines for use at United States ports of 
entry and along the international land and maritime bor-
ders of the United States. 
SEC. 109. SECURE BORDER INITIATIVE FINANCIAL AC-
COUNTABILITY. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Homeland Security shall review each contract 
action related to the Department’s Secure Border Initiative 
having a value greater than $20,000,000, to determine 
whether each such action fully complies with applicable cost 
requirements, performance objectives, program milestones, 
inclusion of small, minority, and women-owned business, 
and timelines. The Inspector General shall complete a re-
view under this subsection with respect to a contract ac-
tion— 
(1) not later than 60 days after the date of the 
initiation of the action; and 
(2) upon the conclusion of the performance of the 
contract. 
(b) REPORT BY INSPECTOR GENERAL.—Upon comple-
tion of each review described in subsection (a), the Inspector 
General shall submit to the Secretary of Homeland 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 com-
pete, 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 Inspec-
tor 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 additional 
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 Of-
fice for each such fiscal year is authorized to be appro-
priated to the Office to enable the Office to carry out this 
section. 
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 provided 
as efficiently and cost-effectively as possible. 
(b) COMPONENTS OF REVIEW.—The review under sub-
section (a) shall include the following components: 
(1) An evaluation of the length and content of 
the basic training curriculum provided to new Border 
Patrol agents by the Federal Law Enforcement Train-
ing Center, including a description of how the cur-
riculum 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, effective-
ness, scope, and quality, including geographic charac-
teristics, with other similar law enforcement training 
programs provided by State and local agencies, non- 
profit organizations, universities, and the private sec-
tor. 
(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 train-
ing; and 
(B) the scope and quality of basic training 
needed to fulfill the mission and duties of a Bor-
der Patrol agent. 
SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security of the House 
of Representatives a report detailing the impact the air-
space security mission in the National Capital Region (in 
this section referred to as the ‘‘NCR’’) will have on the abil-
ity 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 devoted 
to the NCR airspace security mission, and from where 
those resources were obtained or are planned to be ob-
tained. 
(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 appropriated 
in subsection (d) of this section, the Secretary of Homeland 
Security shall reimburse property owners for costs associ-
ated with repairing damages to the property owners’ pri-
vate infrastructure constructed on a United States Govern-
ment right-of-way delineating the international 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 submitted 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 Secu-
rity shall submit to the Committee on Homeland Security 
of the House of Representatives a report that details the
expenditures and circumstances in which those expenditures 
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 enactment 
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 Department of Home-
land Security in tracking the travel of Central 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 Home-
land Security shall annually compile data on the following 
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 seri-
ous injuries or medical conditions Border Patrol offi-
cials encounter, and refer to local hospitals or other 
health facilities. 
(3) The number of unauthorized aliens with seri-
ous injuries or medical conditions who arrive at 
United States ports of entry and subsequently are ad-
mitted into the United States for emergency medical 
care, as reported by United States Customs and Bor-
der Protection. 
(4) The number of unauthorized aliens described 
in paragraphs (2) and (3) who subsequently are taken 
into custody by the Department of Homeland Secu-
rity after receiving medical treatment. 
SEC. 116. DEPLOYMENT OF RADIATION DETECTION PORTAL 
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 Homeland 
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 Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the Depart-
ment’s progress toward carrying out the deployment de-
scribed 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 outreach 
to and consult with members of the private sector, including 
business councils, associations, and small, minority-owned, 
women-owned, and disadvantaged businesses 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 mech-
anisms to enhance financial accountability and mis-
sion 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 Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(43)) is amend-
ed— 
(1) in subparagraph (N), by striking ‘‘paragraph 
(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, abetting, 
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 offense 
of conviction sets forth other offenses not de-
scribed 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 satisfy 
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 sub-
section (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 induces 
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 law-
ful authority to come to or enter the United 
States; 
‘‘(B) assists, encourages, directs, or induces 
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 Sec-
retary 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 induces 
a person to reside in or remain in the United 
States, or to attempt to reside in or remain in 
the United States, knowing or in reckless dis-
regard of the fact that such person is an alien 
who lacks lawful authority to reside in or re-
main 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 disregard 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 per-
son 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 com-
mitted for commercial advantage, profit, or pri-
vate 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 of-
fense 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, includ-
ing—
‘‘(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 capac-
ity 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 se-
rious 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 conduct oc-
curred in the special maritime and territorial 
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 punished 
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 of-
fenses described in this subsection. 
‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 
‘‘(1) IN GENERAL.—Any person who, during any 
12-month period, knowingly hires for employment at 
least 10 individuals with actual knowledge that the 
individuals are aliens described in paragraph (2), 
shall be fined under title 18, United States Code, im-
prisoned 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 traceable 
to such property or proceeds, shall be subject to for-
feiture. 
‘‘(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 im-
posed upon the Secretary of the Treasury under the 
customs laws described in that section shall be per-
formed 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 employees 
designated by the Secretary of Homeland Security, either
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 determining 
whether a violation of subsection (a) has occurred, 
any of the following shall be prima facie evidence that 
an alien involved in the violation lacks lawful author-
ity 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 adjudicator 
(including an immigration judge or an immi-
gration officer) during any judicial or adminis-
trative proceeding authorized under the immi-
gration laws or regulations prescribed there-
under. 
‘‘(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.