[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Introduced in House (IH)]







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 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secure America Act 
of 2005''.
    (b) Amendments to Immigration and Nationality 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 
provision, the reference shall be considered to be made to that section 
or other provision of the Immigration and Nationality 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 General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears; and
            (2) by adding at the end the following new subclause:
                    ``(III) Exception.--Notwithstanding subclauses (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), pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission 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 smuggling, 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 defendant 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 enhancements for intentionally or 
        recklessly creating a substantial risk of serious bodily injury 
        or causing bodily injury, serious injury, or permanent or life 
        threatening injury;
            (4) for actions causing death, increase the offense 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 paragraph (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 Commission 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.--Section 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 following: 
                ``or any violation of section 274(a)(1)(A) of the 
                Immigration and Nationality 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 trafficking 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 enactment 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 enactment this Act.

SEC. 6. MANDATORY SENTENCING RANGES FOR REENTERING ALIENS.

    (a) Mandatory Sentencing Ranges for Reentering Aliens.--Section 276 
(8 U.S.C. 1326) is amended--
            (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 ``imprisoned 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 ``imprisoned 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 ``imprisoned for 
                not more than 10 years,'' and inserting ``imprisoned 
                for a term of not less than 5 years and not more than 
                10 years,''.
    (b) Mandatory Sentencing Ranges for Persons 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 paragraph (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 inserting the 
        following:
            ``(1) In general.--Upon notification'';
            (2) by striking ``Attorney General'' and inserting 
        ``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 resident 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 Department of 
        Homeland Security a bureau to be known as the `Bureau of 
        Immigration Enforcement'. The Bureau shall perform only those 
        functions described in section 441 and no other functions, 
        including 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 Security; and
                    ``(B) shall have a minimum of 5 years professional 
                experience in immigration law enforcement, and a 
                minimum of 5 years of management experience.'';
            (4) in subsection (a)(3)--
                    (A) by striking ``Assistant Secretary of the Bureau 
                of Border Security'' and inserting ``Assistant 
                Secretary of the Bureau of Immigration Enforcement'';
                    (B) by striking ``Bureau of Border Security'' and 
                inserting ``Bureau of Immigration Enforcement'';
                    (C) by striking ``or'' and the end of subparagraph 
                (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 inserting ``Assistant 
        Secretary of the Bureau of Immigration Enforcement'';
            (6) in subsection (a)(5), by striking ``Assistant Secretary 
        of the Bureau of Border Security'' and inserting ``Assistant 
        Secretary of the Bureau of Immigration Enforcement'';
            (7) in subsection (b), by striking ``Bureau of Border 
        Security'' and inserting ``Bureau of Immigration Enforcement'' 
        each place it appears; and
            (8) in subsection (c), by striking ``Assistant Secretary of 
        the Bureau of Border Security'' and inserting ``Assistant 
        Secretary of Immigration Enforcement'' 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 
appears.
    (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 Enforcement 
not listed in section 441 to the Bureau of Immigration Enforcement.''.
                                 <all>