[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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