I 
109TH CONGRESS 
1ST SESSION H. R. 4240 
To amend the Immigration and Nationality Act and other Acts to strengthen 
the enforcement of the immigration laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 7, 2005 
Mr. HOSTETTLER introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Home-
land Security, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act and other 
Acts to strengthen the enforcement of the immigration 
laws, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION 
AND NATIONALITY ACT; TABLE OF CON-
TENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Secure America Act of 2005’’.
(b) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.—Except as otherwise specifically provided, 
whenever in this Act an amendment is expressed in terms 
of an amendment to or repeal of a section or other provi-
sion, the reference shall be considered to be made to that 
section or other provision of the Immigration and Nation-
ality Act. 
(c) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; amendments to Immigration and Nationality Act; table of 
contents. 
Sec. 2. Expedited removal. 
Sec. 3. Increased criminal sentences and fines for alien smuggling. 
Sec. 4. Enhanced penalties for persons committing offenses while armed. 
Sec. 5. Use of Army and Air Force to secure the border. 
Sec. 6. Mandatory sentencing ranges for reentering aliens. 
Sec. 7. Penalty for countries that do not accept return of nationals. 
Sec. 8. Bureau of Immigration Enforcement. 
SEC. 2. EXPEDITED REMOVAL. 
(a) IN
GENERAL.—Section 235(b)(1)(A)(iii) (8 
U.S.C. 1225(b)(1)(A)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘Attorney Gen-
eral’’ and inserting ‘‘Secretary of Homeland Secu-
rity’’ each place it appears; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(III) EXCEPTION.—Notwithstanding sub-
clauses (I) and (II), the Secretary of Homeland 
Security shall apply clauses (i) and (ii) of this 
subparagraph to any alien (other than an alien
described in subparagraph (F)) who is not a 
national of a country contiguous to the United 
States, who has not been admitted or paroled 
into the United States, and who is apprehended 
within 100 miles of an international land border 
of the United States and within 14 days of 
entry.’’. 
(b) EXCEPTIONS.—Section 235(b)(1)(F) (8 U.S.C. 
1225(b)(1)(F)) is amended by inserting before the period 
at the end the following: ‘‘or in any manner at or between 
a land border port of entry’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to all aliens apprehended on 
or after such date. 
SEC. 3. INCREASED CRIMINAL SENTENCES AND FINES FOR 
ALIEN SMUGGLING. 
(a) IN GENERAL.—Subject to subsection (b), pursu-
ant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall promulgate sentencing guidelines or amend 
existing sentencing guidelines for smuggling, transporting, 
harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)(A)) so as to—
(1) triple the minimum term of imprisonment 
under that section for offenses involving the smug-
gling, transporting, harboring, or inducing of— 
(A) 1 to 5 aliens from 10 months to 30 
months; 
(B) 6 to 24 aliens from 18 months to 54 
months; 
(C) 25 to 100 aliens from 27 months to 81 
months; and 
(D) 101 or more aliens from 37 months to 
111 months; 
(2) increase the minimum level of fines for each 
of the offenses described in subparagraphs (A) 
through (D) of paragraph (1) to the greater of 
$25,000 per alien or 3 times the amount the defend-
ant received or expected to receive as compensation 
for the illegal activity; 
(3) increase by at least 2 offense levels above 
the applicable enhancement in effect on the date of 
the enactment of this Act the sentencing enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, or permanent or life 
threatening injury;
(4) for actions causing death, increase the of-
fense level to be equivalent to that for involuntary 
manslaughter under section 1112 of title 28, United 
States Code; and 
(5) for corporations or other business entities 
that knowingly benefit from such offenses, increase 
the minimum level of fines for each of the offenses 
described in subparagraphs (A) through (D) of para-
graph (1) to $50,000 per alien employed directly, or 
indirectly through contract, by the corporation or 
entity. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
an offense that involved the smuggling, transporting, or 
harboring only of the defendant’s spouse or child (or both 
the defendant’s spouse and child). 
(c) DEADLINE.—The United States Sentencing Com-
mission shall carry out subsection (a) not later than the 
date that is 6 months after the date of the enactment of 
this Act. 
(d) AMENDMENTS TO CRIMINAL PENALTIES.—Sec-
tion 274(a) (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (1)(B)— 
(A) in clause (i), by striking ‘‘10 years’’ 
and inserting ‘‘15 years’’;
(B) in clause (ii), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; and 
(C) in clause (iii), by striking ‘‘20 years’’ 
and inserting ‘‘40 years’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘one 
year, or both; or’’ and inserting ‘‘3 years, or 
both;’’; 
(B) in subparagraph (B)— 
(i) in clause (i), by adding at the end 
the following: ‘‘be fined under title 18, 
United State Code, and imprisoned not 
less than 5 years nor more than 25 
years;’’; 
(ii) in clause (ii), by striking ‘‘or’’ at 
the end and inserting the following: ‘‘be 
fined under title 18, United States Code, 
and imprisoned not less than 3 years nor 
more than 20 years; or’’; and 
(iii) in clause (iii), by adding at the 
end the following: ‘‘be fined under title 18, 
United States Code, and imprisoned not 
more than 15 years; or’’; and 
(C) by striking the matter following clause 
(iii) and inserting the following:
‘‘(C) in the case of a third or subsequent 
offense described in subparagraph (B) and for 
any other violation, shall be fined under title 
18, United States Code, and imprisoned not 
less than 5 years nor more than 15 years.’’; 
(3) in paragraph (3)(A), by striking ‘‘5 years’’ 
and inserting ‘‘10 years’’; and 
(4) in paragraph (4), by striking ‘‘10 years’’ 
and inserting ‘‘20 years’’. 
(e) EFFECTIVE DATE.—The amendments made by 
subsection (d) shall take effect on the date of enactment 
of this Act and shall apply to offenses committed after 
such date. 
SEC. 4. ENHANCED PENALTIES FOR PERSONS COMMITTING 
OFFENSES WHILE ARMED. 
(a) IN GENERAL.—Section 924(c)(1) of title 18, 
United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by inserting after ‘‘device)’’ the fol-
lowing: 
‘‘or 
any 
violation 
of 
section 
274(a)(1)(A) of the Immigration and Nation-
ality Act’’; and 
(B) by striking ‘‘or drug trafficking 
crime—’’ and inserting ‘‘, drug trafficking
crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act—’’; and 
(2) in subparagraph (D)(ii), by striking ‘‘or 
drug trafficking crime’’ and inserting ‘‘, drug traf-
ficking crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act’’. 
(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. 5. USE OF ARMY AND AIR FORCE TO SECURE THE 
BORDER. 
(a) IN GENERAL.—Section 1385 of title 18, United 
States Code, is amended by inserting after ‘‘execute the 
laws’’ the following: ‘‘other than at or near a border of 
the United States in order to prevent aliens not permitted 
by law to enter the United States, terrorists, and drug 
smugglers from entering the United States’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment this Act.
SEC. 6. MANDATORY SENTENCING RANGES FOR REEN-
TERING ALIENS. 
(a) MANDATORY SENTENCING RANGES FOR REEN-
TERING ALIENS.—Section 276 (8 U.S.C. 1326) is amend-
ed— 
(1) in subsection (a), 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,’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘impris-
oned not more than 10 years,’’ and inserting 
‘‘imprisoned 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 inserting 
‘‘imprisoned for a term of not less than 10 
years and not more than 20 years,’’; and 
(C) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert-
ing ‘‘imprisoned for a term of not less than 5 
years and not more than 10 years,’’. 
(b) MANDATORY SENTENCING RANGES FOR PER-
SONS
AIDING
OR
ASSISTING
CERTAIN
REENTERING 
ALIENS.—Section 277 (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, or 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).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section are effective on the date of enactment of this 
Act and shall apply to sentences entered on or after such 
date. 
SEC. 7. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT 
RETURN OF NATIONALS. 
(a) IN
GENERAL.— Section 243(d) (8 U.S.C. 
1253(d)) is amended— 
(1) by striking ‘‘On being notified’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Upon notification’’;
(2) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’ each place it 
appears; and 
(3) by adding at the end the following: 
‘‘(2) DENIAL OF ADMISSION.—The Secretary of 
Homeland Security, after making a determination 
that the government of a foreign country has denied 
or unreasonably delayed accepting an alien who is a 
citizen, subject, national, or resident of that country 
after the alien has been ordered removed, and after 
consultation with the Secretary of State, may deny 
admission to any citizen, subject, national or resi-
dent of that country until the country accepts the 
alien that was ordered removed.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) effective on the date of enactment of this 
Act. 
SEC. 8. BUREAU OF IMMIGRATION ENFORCEMENT. 
(a) IN GENERAL.—Section 442 of Public Law 107– 
296 is amended— 
(1) by striking the heading and inserting the 
following:
‘‘SEC. 442. ESTABLISHMENT OF BUREAU OF IMMIGRATION 
ENFORCEMENT.’’; 
(2) by striking subsection (a)(1) and inserting 
the following: 
‘‘(1) IN GENERAL.—There shall be in the De-
partment of Homeland Security a bureau to be 
known as the ‘Bureau of Immigration Enforcement’. 
The Bureau shall perform only those functions de-
scribed in section 441 and no other functions, in-
cluding no functions described in sections 403 and 
421.’’; 
(3) by striking subsection (a)(2) and inserting 
the following: 
‘‘(2) ASSISTANT SECRETARY.—The head of the 
Bureau of Immigration Enforcement shall be the 
Assistant Secretary of the Bureau of Immigration 
Enforcement, who— 
‘‘(A) shall report directly to the Under 
Secretary for Border and Transportation Secu-
rity; and 
‘‘(B) shall have a minimum of 5 years pro-
fessional experience in immigration law enforce-
ment, and a minimum of 5 years of manage-
ment experience.’’; 
(4) in subsection (a)(3)—
(A) by striking ‘‘Assistant Secretary of the 
Bureau of Border Security’’ and inserting ‘‘As-
sistant Secretary of the Bureau of Immigration 
Enforcement’’; 
(B) by striking ‘‘Bureau of Border Secu-
rity’’ and inserting ‘‘Bureau of Immigration 
Enforcement’’; 
(C) by striking ‘‘or’’ and the end of sub-
paragraph (A)(i); and 
(D) by striking clause (ii) of subparagraph 
(A)); 
(5) in subsection (a)(4), by striking ‘‘Assistant 
Secretary of the Bureau of Border Security’’ and in-
serting ‘‘Assistant Secretary of the Bureau of Immi-
gration Enforcement’’; 
(6) in subsection (a)(5), by striking ‘‘Assistant 
Secretary of the Bureau of Border Security’’ and in-
serting ‘‘Assistant Secretary of the Bureau of Immi-
gration Enforcement’’; 
(7) in subsection (b), by striking ‘‘Bureau of 
Border Security’’ and inserting ‘‘Bureau of Immi-
gration Enforcement’’ each place it appears; and 
(8) in subsection (c), by striking ‘‘Assistant 
Secretary of the Bureau of Border Security’’ and in-
serting ‘‘Assistant Secretary of Immigration En-
forcement’’ each place it appears. 
(b) CONFORMING
AMENDMENTS.—Sections 443, 
444, 451, and 471 of such Public Law are each amended 
by striking ‘‘Bureau of Border Security’’ and inserting 
‘‘Bureau of Immigration Enforcement’’ each place it ap-
pears. 
(c) LIMITATION ON FUNCTIONS.—Section 471(b) of 
such Public Law, as amended by this section, is further 
amended by adding at the end the following: ‘‘In addition, 
the authority provided by section 1502 may not be used 
to add functions of the Bureau of Immigration Enforce-
ment not listed in section 441 to the Bureau of Immigra-
tion Enforcement.’’. 
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