[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3901 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3901

   To promote enforcement of immigration laws and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To promote enforcement of 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.

    This Act may be cited as the ``Strengthening Our Commitment to 
Legal Immigration and America's Security Act''.

SEC. 2. DEFERRED ACTION AND PAROLE.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following:
    ``(C) Notwithstanding any other provision of law, an alien may only 
be paroled into the United States or granted deferred action of a final 
order of removal on a case-by-case basis for urgent humanitarian 
reasons or significant public benefit.''.

SEC. 3. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended--
            (1) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7);
            (2) in paragraph (7), as so redesignated, by striking 
        ``paragraph (5)'' and inserting ``paragraph (6)''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) A State, county, city, or township that is eligible 
        to participate in Secure Communities or to cross-designate 
        local law enforcement officers to perform immigration law 
        enforcement functions under section 287(g) and does not 
        participate in such programs may not receive compensation for 
        incarceration expenses under this subsection.''.

SEC. 4. VISA REFORM.

    (a) Visa Ineligibility for Organized Crime Members.--Section 
212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) 
is amended by adding at the end the following:
                    ``(J) Aliens engaged in organized crime.--Any alien 
                who the consular officer or the Attorney General knows 
                or has reason to believe is a member of a known 
                criminal organization that regularly engages in 
                transnational criminal activity, is inadmissible.''.
    (b) Exit Procedures for Foreign Visitors.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, in coordination with the Secretary of State and the aviation 
industry, as appropriate, shall create a mandatory exit procedure for 
foreign visitors, based upon--
            (1) the results of the programs piloted by United States 
        Customs and Border Protection to track the departure of foreign 
        visitors, including US-VISIT; and
            (2) the feasibility and benefits of the departure 
        confirmation systems tested under such exit pilot programs.
    (c) Elimination of the Diversity Visa Program.--
            (1) In general.--Section 203 of the Immigration and 
        Nationality Act (8 U.S.C. 1153) is amended by striking 
        subsection (c).
            (2) Technical and conforming amendments.--Title II of the 
        Immigration and Nationality Act (8 U.S.C. 1151) is amended as 
        follows:
                    (A) In section 201 (8 U.S.C. 1151)--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by adding 
                                ``and'' at the end; and
                                    (II) in paragraph (2), by striking 
                                ``; and'' at the end and inserting a 
                                period; and
                            (ii) by striking subsection (e).
                    (B) In section 203 (8 U.S.C. 1153)--
                            (i) in subsection (d), by striking 
                        ``subsection (a), (b), or (c)'' and inserting 
                        ``subsection (a) or (b)'';
                            (ii) in subsection (g), by striking 
                        ``subsection (a), (b), or (c)'' and inserting 
                        ``subsection (a) or (b)''; and
                            (iii) in subsection (h)(2)(B), by striking 
                        ``subsection (a), (b), or (c)'' and inserting 
                        ``subsection (a) or (b)''.
                    (C) Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is 
                amended by striking subparagraph (I).
            (3) Effective date.--The amendments made by this subsection 
        shall become effective on the first day of the fiscal year 
        beginning after the date of the enactment of this Act, unless 
        Congress reviews the recommendations from the Secretary of 
        State on how to combat fraud and eliminate abuse in the 
        Diversity Visa Program and legislation is enacted to maintain 
        the Diversity Visa Program that addresses such recommendations, 
        with appropriate changes in the eligibility requirements.

SEC. 5. ANNUAL ACCOUNTABILITY OF FEDERAL WELFARE BENEFITS RECEIVED BY 
              ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.

    The Secretary of Health and Human Services, in consultation with 
the Secretary of Homeland Security and the head of any other 
appropriate Federal agency, shall submit to Congress an annual report 
that includes, for each State (and including the District of 
Columbia)--
            (1) the total amount of Federal welfare benefits provided 
        to such State during the most recent fiscal year, disaggregated 
        by State; and
            (2) the total amount of Federal welfare benefits provided 
        to households with any persons who resided in the United States 
        illegally during the most recent fiscal year.

SEC. 6. LIMITATION ON STATE OPTION TO EXPAND CHIP COVERAGE TO 
              NONCITIZEN CHILDREN OR NONCITIZEN PREGNANT WOMEN.

    Section 2107 of the Social Security Act (42 U.S.C. 1397gg) is 
amended--
            (1) in subsection (e)(1)(J), by inserting ``and only if the 
        State satisfies the requirements described in subsection (g)'' 
        before the period at the end; and
            (2) by adding at the end the following:
    ``(g) Demonstration of Coverage and Maintenance of Effort.--For 
purposes of subsection (e)(1)(J), the requirements described in this 
subsection are the following:
            ``(1) The State demonstrates to the Secretary (on the basis 
        of the best data reasonably available to the Secretary and in 
        accordance with such techniques for sampling and estimating as 
        the Secretary determines appropriate) that the State has 
        enrolled in the State plan under title XIX, the State child 
        health plan under this title, or under a waiver of either such 
        plan, at least 90 percent of the children residing in the State 
        who are citizens or nationals of the United States, whose 
        family income does not exceed 200 percent of the poverty line 
        (as determined before January 1, 2014, without regard to the 
        application of any general exclusion or disregard of a block of 
        income that is not determined by type of expense or type of 
        income, and as determined on or after January 1, 2014, in 
        accordance with section 1902(e)(14)), and who are eligible for 
        medical assistance under the State plan under title XIX or 
        child health assistance under the State child health plan under 
        this title.
            ``(2) The State provides assurances that the amount of 
        State or other non-Federal funds expended annually by the State 
        to provide medical assistance, child health assistance, or 
        other health benefits coverage to lawfully residing immigrant 
        children or lawfully residing immigrant pregnant women will not 
        be less than the amount of such funds expended for such 
        purposes for fiscal year 2009.''.

SEC. 7. IDENTITY THEFT.

    (a) Amendments to the Criminal Code.--Chapter 47 of title 18, 
United States Code, is amended--
            (1) in section 1028--
                    (A) in subsection (a)(7), by striking ``of another 
                person'' and inserting ``other than his or her own''; 
                and
                    (B) in subsection (b)(3)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by adding ``or'' 
                        at the end; and
                            (iii) by adding at the end the following:
                    ``(C) to facilitate or assist in harboring or 
                hiring unauthorized workers in violation of section 
                274, 274A or 274C of the Immigration and Nationality 
                Act (8 U.S.C. 1324, 1324a, and 1324c)''.
    (b) IRS Notification Requirement.--
            (1) Requirement to notify social security account number 
        holders.--If the Commissioner of Internal Revenue sends a 
        notice to an employer that an inaccurate social security 
        account number has been discovered for an employee and the 
        employer does not respond to the notice within 60 days to 
        correct such account number, the Commissioner shall send such a 
        notice--
                    (A) to the individual who was originally issued 
                such social security account number; or
                    (B) if such individual is a minor, to the 
                individual's legal guardian.
            (2) Content of notice.--A notice sent to an individual 
        under paragraph (1) shall include the following:
                    (A) A request that the individual respond to such 
                notice within 60 days to correct the information 
                associated with the social security account number.
                    (B) Information on how to respond to the notice.
                    (C) Notification that if a response is not received 
                by the Commissioner within 60 days, the Commissioner 
                shall provide notice of the inaccurate social security 
                account number to the appropriate agencies for possible 
                investigation, including the Department of Homeland 
                Security, the Department of Justice, and the Federal 
                Trade Commission.
                    (D) Notification--
                            (i) that if the individual suspects that 
                        the individual's social security account number 
                        may have been used fraudulently, the individual 
                        should notify the Federal Trade Commission and 
                        the various credit bureaus; and
                            (ii) information on how to provide the 
                        notifications described in clause (i).
    (c) Study and Report.--
            (1) In general.--The Secretary of the Treasury, the 
        Chairman of the Federal Trade Commission, and the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Commerce and other appropriate Federal officials, shall conduct 
        a study to determine the most feasible and cost effective ways 
        to protect the credit worthiness of individuals, especially 
        children.
            (2) Issues to be studied.--The study conducted under 
        paragraph (1) shall--
                    (A) assess the types of data held by the Federal 
                Government and the private sector that could prove 
                beneficial in protecting and verifying identity;
                    (B) assess current government and industry 
                practices designed to protect personal privacy and 
                determine how such practices could be improved to 
                protect and verify individuals' credit worthiness;
                    (C) analyze the estimated impact of alternative 
                systems of achieving effective protection of credit on 
                the financial industry (including small banks, rural 
                financial institutions, and credit unions), consumers, 
                and the government with respect to--
                            (i) costs;
                            (ii) credit availability;
                            (iii) convenience;
                            (iv) privacy; and
                            (v) other nonfinancial burdens, including 
                        any effects on personal privacy; and
                    (D) determine the most effective ways to protect 
                and verify credit information.
            (3) Participation.--Representatives of the financial 
        industry, members of the public, government agencies, and other 
        interested groups shall be given opportunities to provide 
        information for the study conducted under paragraph (1).
            (4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary of the Treasury shall 
        submit a report containing the results of the study conducted 
        under paragraph (1), including any recommendations for 
        legislative or administrative actions, to the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.

SEC. 8. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS.

    (a) Cultivating or Manufacturing Controlled Substances on Federal 
Property.--Section 401(b)(5) of the Controlled Substances Act (21 
U.S.C. 841(b)(5)) is amended by striking ``as provided in this 
subsection'' and inserting ``for not more than 10 years, in addition to 
any other term of imprisonment imposed under this subsection,''.
    (b) Use of Hazardous Substances.--Pursuant to its authority under 
section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines and 
policy statements to ensure that the guidelines provide an additional 
penalty increase of 2 offense levels above the sentence otherwise 
applicable for a violation of section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841(a)) if the offense--
            (1) includes the use of a poison, chemical, or other 
        hazardous substance to cultivate or manufacture controlled 
        substances on Federal property;
            (2) creates a hazard to humans, wildlife, or domestic 
        animals;
            (3) degrades or harms the environment or natural resources; 
        or
            (4) pollutes an aquifer, spring, stream, river, or body of 
        water.
    (c) Stream Diversion or Clear Cutting on Federal Property.--
            (1) Prohibition on stream diversion or clear cutting on 
        federal property.--Section 401(b) of the Controlled Substances 
        Act is amended by adding at the end the following:
            ``(8) Destruction of bodies of water.--Any person who 
        violates subsection (a) in a manner that diverts, redirects, 
        obstructs, or drains an aquifer, spring, stream, river, or body 
        of water or clear cuts timber while cultivating or 
        manufacturing a controlled substance on Federal property shall 
        be fined in accordance with title 18, United States Code.''.
            (2) Federal sentencing guidelines enhancement.--Pursuant to 
        its authority under section 994 of title 28, United States 
        Code, the United States Sentencing Commission shall amend the 
        Federal Sentencing Guidelines and policy statements to ensure 
        that the guidelines provide an additional penalty increase of 2 
        offense levels for above the sentence otherwise applicable for 
        a violation of section 401(a) of the Controlled Substances Act 
        (21 U.S.C. 841(a)) if the offense involves the diversion, 
        redirection, obstruction, or draining of an aquifer, spring, 
        stream, river, or body of water or the clear cut of timber 
        while cultivating or manufacturing a controlled substance on 
        Federal property.
    (d) Booby Traps on Federal Land.--Section 401(d)(1) of the 
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting 
``cultivated,'' after ``is being''.
    (e) Use or Possession of Firearms in Connection With Drug Offenses 
on Federal Lands.--Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing Commission shall 
amend the Federal Sentencing Guidelines and policy statements to ensure 
that the guidelines provide an additional penalty increase of 2 offense 
levels above the sentence otherwise applicable for a violation of 
section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if 
the offense involves the possession of a firearm while cultivating or 
manufacturing controlled substances on Federal lands.

SEC. 9. FEDERAL LANDS COUNTERDRUG ACTION PLAN.

    (a) Definitions.--In this section:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given the term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (2) Covered lands.--The term ``covered lands'' means--
                    (A) units of the National Park System;
                    (B) National Forest System land;
                    (C) public lands (as defined by section 103(e) of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702(e)); and
                    (D) all land administered by the Bureau of Land 
                Management.
    (b) Implementation of Federal Lands Counterdrug Action Plan.--
            (1) In general.--
                    (A) Requirement for action plan.--Not later than 90 
                days after the date of the enactment of this Act, the 
                Director of National Drug Control Policy shall 
                implement an action plan for keeping controlled 
                substances off of Federal lands (referred to in this 
                section as the ``Federal Lands Counterdrug Action 
                Plan'').
                    (B) Report to congress.--Not later than 2 years 
                after the implementation of the Federal Lands 
                Counterdrug Action Plan, the Director shall submit to 
                Congress a report that describes the progress made in 
                carrying out such Action Plan.
            (2) Consultation requirement.--In implementing the Federal 
        Lands Counterdrug Action Plan, the Director of National Drug 
        Control Policy shall consult with the heads of relevant Federal 
        agencies, including the Drug Enforcement Administration, the 
        Forest Service, the National Park Service, the Bureau of Land 
        Management, and any relevant State, local, and tribal law 
        enforcement agencies.
    (c) Contents.--The Federal Lands Counterdrug Action Plan shall 
include--
            (1) the Federal Government's action plan for preventing the 
        illegal production, cultivation, manufacture, and trafficking 
        of controlled substances on covered lands;
            (2) the specific roles of relevant Federal agencies, 
        including the Drug Enforcement Administration and relevant 
        agencies within the Department of the Interior for implementing 
        such an action plan;
            (3) the specific resources required to enable the agencies 
        referred to in paragraph (2) to implement that strategy;
            (4) a strategy to reduce the cultivation and trafficking of 
        marijuana on covered lands by Mexican drug trafficking 
        organizations;
            (5) the use of available technology to reduce the 
        cultivation and trafficking of marijuana on covered lands;
            (6) the impact of Federal land management statutes on law 
        enforcement efforts; and
            (7) the costs associated with marijuana eradication 
        programs through high intensity drug trafficking areas.
    (d) Effect on Existing Law.--The Federal Lands Counterdrug Action 
Plan--
            (1) may not change existing agency authorities or laws 
        governing interagency relationships; and
            (2) may provide recommendations for changes to such 
        authorities or laws.
    (e) Distribution.--
            (1) In general.--The Director of the Office of National 
        Drug Control Policy shall provide a copy of the Federal Lands 
        Counterdrug Action Plan to--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the United States Senate Caucus on 
                International Narcotics Control;
                    (E) the Committee on the Judiciary of the House of 
                Representatives;
                    (F) the Committee on Appropriations of the House of 
                Representatives; and
                    (G) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Classified information.--Any classified or law 
        enforcement sensitive information contained in the Federal 
        Lands Counterdrug Action Plan may be submitted in a classified 
        annex to accompany the Action Plan.
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