II 

112TH CONGRESS 

1ST SESSION S. 332 

To promote the enforcement of immigration laws and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2011 

Mr. HATCH (for himself and Mr. ROBERTS) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To promote the enforcement of immigration laws and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Our 

5 Commitment to Legal Immigration and America’s Secu6 rity Act’’. 

7 SEC. 2. DEFERRED ACTION AND PAROLE. 

8 Section 212(d)(5) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(d)(5)) is amended by adding at the 

10 end the following: 

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1 ‘‘(C) Notwithstanding any other provision of law, an 

2 alien may only be paroled into the United States or grant3 ed deferred action of a final order of removal on a case4 by-case basis for urgent humanitarian reasons or signifi5 cant public benefit.’’. 

6 SEC. 3. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

7 Section 241(i) of the Immigration and Nationality 

8 Act (8 U.S.C. 1231(i)) is amended— 

9 (1) by redesignating paragraphs (5) and (6) as 

10 paragraphs (6) and (7), respectively; 

11 (2) in paragraph (7), as redesignated, by strik12 ing ‘‘paragraph (5)’’ and inserting ‘‘paragraph (6)’’; 

13 and 

14 (3) by inserting after paragraph (4) the fol15 lowing: 

16 ‘‘(5) A State or local law enforcement agency, 

17 detention center, or correction facility selected and 

18 enrolled in the Secure Communities Program or se19 lected and enrolled to perform immigration law en20 forcement functions pursuant to section 287(g) and 

21 subsequently fails to fully comply with the require22 ments of such programs may not be reimbursed for 

23 incarceration expenses under this subsection.’’. 

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1 SEC. 4. VISA REFORM. 

2 (a) VISA INELIGIBILITY FOR ORGANIZED CRIME

3 MEMBERS.—Section 212(a)(2) of the Immigration and 

4 Nationality Act (8 U.S.C. 1182(a)(2)) is amended by add5 ing at the end the following: 

6 ‘‘(J) ALIENS ENGAGED IN ORGANIZED

7 CRIME.—Any alien who the consular officer or 

8 the Attorney General knows, or has reason to 

9 believe, is a member of a known criminal orga10 nization that regularly engages in transnational 

11 criminal activity, is inadmissible.’’. 

12 (b) EXIT PROCEDURES FOR FOREIGN VISITORS.— 

13 Not later than 120 days after the date of the enactment 

14 of this Act, the Secretary of Homeland Security, in coordi15 nation with the Secretary of State and the aviation indus16 try, as appropriate, shall create a mandatory exit proce17 dure for foreign visitors, based upon— 

18 (1) the results of the programs piloted by 

19 United States Customs and Border Protection to 

20 track the departure of foreign visitors, including 

21 US–VISIT; and 

22 (2) the feasibility and benefits of the departure 

23 confirmation systems tested under such exit pilot 

24 programs. 

25 (c) ELIMINATION OF DIVERSITY VISA PROGRAM.— 

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1 (1) IN GENERAL.—Section 203 of the Immigra2 tion and Nationality Act (8 U.S.C. 1153) is amend3 ed by striking subsection (c). 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—Title II of the Immigration and Nation6 ality Act (8 U.S.C. 1151) is amended— 

7 (A) in section 201— 

8 (i) in subsection (a)— 

9 (I) in paragraph (1), by adding 

10 ‘‘and’’ at the end; and 

11 (II) in paragraph (2), by striking 

12 ‘‘; and’’ at the end and inserting a pe13 riod; and 

14 (ii) by striking subsection (e); 

15 (B) in section 203— 

16 (i) in subsection (d), by striking ‘‘sub17 section (a), (b), or (c)’’ and inserting ‘‘sub18 section (a) or (b)’’; 

19 (ii) in subsection (g), by striking 

20 ‘‘subsection (a), (b), or (c)’’ and inserting 

21 ‘‘subsection (a) or (b)’’; and 

22 (iii) in subsection (h)(2)(B), by strik23 ing ‘‘subsection (a), (b), or (c)’’ and insert24 ing ‘‘subsection (a) or (b)’’; and 

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1 (C) section 204(a)(1), is amended by strik2 ing subparagraph (I). 

3 (3) REPORT.—Not later than 60 days after the 

4 date of the enactment of this Act, the Secretary of 

5 State shall submit a report to the Committee on the 

6 Judiciary of the Senate and the Committee on the 

7 Judiciary of the House of Representatives that in8 cludes recommended changes to the Diversity Visa 

9 Program to combat fraud and eliminate abuse. 

10 (4) SENSE OF CONGRESS.—It is the sense of 

11 Congress that the Diversity Visa Program will be 

12 discontinued as of the effective date set forth in 

13 paragraph (5) unless Congress enacts legislation to 

14 authorize the continuation of the Diversity Visa Pro15 gram with appropriate changes to reduce fraud and 

16 abuse. 

17 (5) EFFECTIVE DATE.—The amendments made 

18 by this subsection shall become effective on the first 

19 day of the first fiscal year beginning on or after the 

20 date that is 120 days after the date of the enact21 ment of this Act. 

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1 SEC. 5. ANNUAL ACCOUNTABILITY OF FEDERAL WELFARE 

2 BENEFITS RECEIVED BY ALIENS UNLAW3 FULLY PRESENT IN THE UNITED STATES. 

4 The Secretary of Health and Human Services, in con5 sultation with the Secretary of Homeland Security and the 

6 head of any other appropriate Federal agency, shall sub7 mit to Congress an annual report that includes, for each 

8 State (and including the District of Columbia)— 

9 (1) the total amount of Federal welfare benefits 

10 provided to such State during the most recent fiscal 

11 year, disaggregated by State; and 

12 (2) the total amount of Federal welfare benefits 

13 provided to households with any persons who resided 

14 in the United States illegally during the most recent 

15 fiscal year. 

16 SEC. 6. LIMITATION ON STATE OPTION TO EXPAND CHIP 

17 COVERAGE TO NONCITIZEN CHILDREN OR 

18 NONCITIZEN PREGNANT WOMEN. 

19 Section 2107 of the Social Security Act (42 U.S.C. 

20 1397gg) is amended— 

21 (1) in subsection (e)(1)(J), by inserting ‘‘and 

22 only if the State satisfies the requirements described 

23 in subsection (g)’’ before the period at the end; and 

24 (2) by adding at the end the following: 

25 ‘‘(g) DEMONSTRATION OF COVERAGE AND MAINTE26 NANCE OF EFFORT.—For purposes of subsection 

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1 (e)(1)(J), the requirements described in this subsection 

2 are the following: 

3 ‘‘(1) The State demonstrates to the Secretary 

4 (on the basis of the best data reasonably available 

5 to the Secretary and in accordance with such tech6 niques for sampling and estimating as the Secretary 

7 determines appropriate) that the State has enrolled 

8 in the State plan under title XIX, the State child 

9 health plan under this title, or under a waiver of ei10 ther such plan, at least 90 percent of the children 

11 residing in the State who are citizens or nationals of 

12 the United States, whose family income does not ex13 ceed 200 percent of the poverty line (as determined 

14 before January 1, 2014, without regard to the appli15 cation of any general exclusion or disregard of a 

16 block of income that is not determined by type of ex17 pense or type of income, and as determined on or 

18 after January 1, 2014, in accordance with section 

19 1902(e)(14)), and who are eligible for medical as20 sistance under the State plan under title XIX or 

21 child health assistance under the State child health 

22 plan under this title. 

23 ‘‘(2) The State provides assurances that the 

24 amount of State or other non-Federal funds ex25 pended annually by the State to provide medical asmstockstill on DSKH9S0YB1PROD with BILLS

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1 sistance, child health assistance, or other health ben2 efits coverage to lawfully residing immigrant chil3 dren or lawfully residing immigrant pregnant women 

4 will not be less than the amount of such funds ex5 pended for such purposes for fiscal year 2009.’’. 

6 SEC. 7. IDENTITY THEFT. 

7 (a) AMENDMENTS TO THE CRIMINAL CODE.—Chap8 ter 47 of title 18, United States Code, is amended— 

9 (1) in section 1028— 

10 (A) in subsection (a)(7), by striking ‘‘of 

11 another person’’ and inserting ‘‘other than his 

12 or her own’’; and 

13 (B) in subsection (b)(3)— 

14 (i) in subparagraph (B), by striking 

15 ‘‘or’’ at the end; 

16 (ii) in subparagraph (C), by adding 

17 ‘‘or’’ at the end; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(C) to facilitate or assist in harboring or 

21 hiring unauthorized workers in violation of sec22 tion 274, 274A or 274C of the Immigration 

23 and Nationality Act (8 U.S.C. 1324, 1324a, 

24 and 1324c)’’. 

25 (b) IRS NOTIFICATION REQUIREMENT.— 

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1 (1) REQUIREMENT TO NOTIFY SOCIAL SECU2 RITY ACCOUNT NUMBER HOLDERS.—If the Commis3 sioner of Internal Revenue sends a notice to an em4 ployer that an inaccurate Social Security account 

5 number has been discovered for an employee and the 

6 employer does not respond to the notice within 60 

7 days to correct such account number, the Commis8 sioner shall send such a notice— 

9 (A) to the individual who was originally 

10 issued such Social Security account number; or 

11 (B) if such individual is a minor, to the in12 dividual’s legal guardian. 

13 (2) CONTENT OF NOTICE.—A notice sent to an 

14 individual under paragraph (1) shall include the fol15 lowing: 

16 (A) A request that the individual respond 

17 to such notice within 60 days to correct the in18 formation associated with the Social Security 

19 account number. 

20 (B) Information on how to respond to the 

21 notice. 

22 (C) Notification that if a response is not 

23 received by the Commissioner within 60 days, 

24 the Commissioner shall provide notice of the in25 accurate Social Security account number to the 

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1 appropriate agencies for possible investigation, 

2 including the Department of Homeland Secu3 rity, the Department of Justice, and the Fed4 eral Trade Commission. 

5 (D) Notification— 

6 (i) that if the individual suspects that 

7 the individual’s Social Security account 

8 number may have been used fraudulently, 

9 the individual should notify the Federal 

10 Trade Commission and the various credit 

11 bureaus; and 

12 (ii) information on how to provide the 

13 notifications described in clause (i). 

14 (c) STUDY AND REPORT.— 

15 (1) IN GENERAL.—The Secretary of the Treas16 ury, the Chairman of the Federal Trade Commis17 sion, and the Commissioner of Social Security, in 

18 consultation with the Secretary of Commerce and 

19 other appropriate Federal officials, shall conduct a 

20 study to determine the most feasible and cost effec21 tive ways to protect the credit worthiness of individ22 uals, especially children. 

23 (2) ISSUES TO BE STUDIED.—The study con24 ducted under paragraph (1) shall— 

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1 (A) assess the types of data held by the 

2 Federal Government and the private sector that 

3 could prove beneficial in protecting and 

4 verifying identity; 

5 (B) assess current government and indus6 try practices designed to protect personal pri7 vacy and determine how such practices could be 

8 improved to protect and verify individuals’ cred9 it worthiness; 

10 (C) analyze the estimated impact of alter11 native systems of achieving effective protection 

12 of credit on the financial industry (including 

13 small banks, rural financial institutions, and 

14 credit unions), consumers, and the government 

15 with respect to— 

16 (i) costs; 

17 (ii) credit availability; 

18 (iii) convenience; 

19 (iv) privacy; and 

20 (v) other nonfinancial burdens, includ21 ing any effects on personal privacy; and 

22 (D) determine the most effective ways to 

23 protect and verify credit information. 

24 (3) PARTICIPATION.—Representatives of the fi25 nancial industry, members of the public, government 

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1 agencies, and other interested groups shall be given 

2 opportunities to provide information for the study 

3 conducted under paragraph (1). 

4 (4) REPORT.—Not later than 1 year after the 

5 date of the enactment of this Act, the Secretary of 

6 the Treasury shall submit a report containing the 

7 results of the study conducted under paragraph (1), 

8 including any recommendations for legislative or ad9 ministrative actions, to the Committee on Finance of 

10 the Senate and the Committee on Ways and Means 

11 of the House of Representatives. 

12 SEC. 8. ENHANCED PENALTIES FOR CERTAIN DRUG OF13 FENSES ON FEDERAL LANDS. 

14 (a) CULTIVATING OR MANUFACTURING CONTROLLED

15 SUBSTANCES ON FEDERAL PROPERTY.—Section 

16 401(b)(5) of the Controlled Substances Act (21 U.S.C. 

17 841(b)(5)) is amended by striking ‘‘as provided in this 

18 subsection’’ and inserting ‘‘for not more than 10 years, 

19 in addition to any other term of imprisonment imposed 

20 under this subsection,’’. 

21 (b) USE OF HAZARDOUS SUBSTANCES.—Pursuant to 

22 its authority under section 994 of title 28, United States 

23 Code, the United States Sentencing Commission shall 

24 amend the Federal Sentencing Guidelines and policy state25 ments to ensure that the guidelines provide an additional 

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1 penalty increase of 2 offense levels above the sentence oth2 erwise applicable for a violation of section 401(a) of the 

3 Controlled Substances Act (21 U.S.C. 841(a)) if the of4 fense— 

5 (1) includes the use of a poison, chemical, or 

6 other hazardous substance to cultivate or manufac7 ture controlled substances on Federal property; 

8 (2) creates a hazard to humans, wildlife, or do9 mestic animals; 

10 (3) degrades or harms the environment or nat11 ural resources; or 

12 (4) pollutes an aquifer, spring, stream, river, or 

13 body of water. 

14 (c) STREAM DIVERSION OR CLEAR CUTTING ON

15 FEDERAL PROPERTY.— 

16 (1) PROHIBITION ON STREAM DIVERSION OR

17 CLEAR CUTTING ON FEDERAL PROPERTY.—Section 

18 401(b) of the Controlled Substances Act (21 U.S.C. 

19 841(b)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(8) DESTRUCTION OF BODIES OF WATER.— 

22 Any person who violates subsection (a) in a manner 

23 that diverts, redirects, obstructs, or drains an aqui24 fer, spring, stream, river, or body of water or clear 

25 cuts timber while cultivating or manufacturing a 

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1 controlled substance on Federal property shall be 

2 fined in accordance with title 18, United States 

3 Code.’’. 

4 (2) FEDERAL SENTENCING GUIDELINES EN5 HANCEMENT.—Pursuant to its authority under sec6 tion 994 of title 28, United States Code, the United 

7 States Sentencing Commission shall amend the Fed8 eral Sentencing Guidelines and policy statements to 

9 ensure that the guidelines provide an additional pen10 alty increase of 2 offense levels for above the sen11 tence otherwise applicable for a violation of section 

12 401(a) of the Controlled Substances Act (21 U.S.C. 

13 841(a)) if the offense involves the diversion, redirec14 tion, obstruction, or draining of an aquifer, spring, 

15 stream, river, or body of water or the clear cut of 

16 timber while cultivating or manufacturing a con17 trolled substance on Federal property. 

18 (d) BOOBY TRAPS ON FEDERAL LAND.—Section 

19 401(d)(1) of the Controlled Substances Act (21 U.S.C. 

20 841(d)(1)) is amended by inserting ‘‘cultivated,’’ after ‘‘is 

21 being’’. 

22 (e) USE OR POSSESSION OF FIREARMS IN CONNEC23 TION WITH DRUG OFFENSES ON FEDERAL LANDS.—Pur24 suant to its authority under section 994 of title 28, United 

25 States Code, the United States Sentencing Commission 

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1 shall amend the Federal Sentencing Guidelines and policy 

2 statements to ensure that the guidelines provide an addi3 tional penalty increase of 2 offense levels above the sen4 tence otherwise applicable for a violation of section 401(a) 

5 of the Controlled Substances Act (21 U.S.C. 841(a)) if 

6 the offense involves the possession of a firearm while culti7 vating or manufacturing controlled substances on Federal 

8 lands. 

9 SEC. 9. FEDERAL LANDS COUNTERDRUG ACTION PLAN. 

10 (a) DEFINITIONS.—In this section: 

11 (1) CONTROLLED SUBSTANCE.—The term 

12 ‘‘controlled substance’’ has the meaning given the 

13 term in section 102 of the Controlled Substances 

14 Act (21 U.S.C. 802). 

15 (2) COVERED LANDS.—The term ‘‘covered 

16 lands’’ means— 

17 (A) units of the National Park System; 

18 (B) National Forest System land; 

19 (C) public lands (as defined by section 

20 103(e) of the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1702(e)); and 

22 (D) all land administered by the Bureau of 

23 Land Management. 

24 (b) IMPLEMENTATION OF FEDERAL LANDS

25 COUNTERDRUG ACTION PLAN.— 

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1 (1) IN GENERAL.— 

2 (A) REQUIREMENT FOR ACTION PLAN.— 

3 Not later than 90 days after the date of the en4 actment of this Act, the Director of National 

5 Drug Control Policy shall implement an action 

6 plan for keeping controlled substances off of 

7 Federal lands (referred to in this section as the 

8 ‘‘Federal Lands Counterdrug Action Plan’’). 

9 (B) REPORT TO CONGRESS.—Not later 

10 than 2 years after the implementation of the 

11 Federal Lands Counterdrug Action Plan, the 

12 Director shall submit a report to Congress that 

13 describes the progress made in carrying out 

14 such Action Plan. 

15 (2) CONSULTATION REQUIREMENT.—In imple16 menting the Federal Lands Counterdrug Action 

17 Plan, the Director of National Drug Control Policy 

18 shall consult with the heads of relevant Federal 

19 agencies, including the Drug Enforcement Adminis20 tration, the Forest Service, the National Park Serv21 ice, the Bureau of Land Management, and any rel22 evant State, local, and tribal law enforcement agen23 cies. 

24 (c) CONTENTS.—The Federal Lands Counterdrug 

25 Action Plan shall include— 

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1 (1) the Federal Government’s action plan for 

2 preventing the illegal production, cultivation, manu3 facture, and trafficking of controlled substances on 

4 covered lands; 

5 (2) the specific roles of relevant Federal agen6 cies, including the Drug Enforcement Administra7 tion and relevant agencies within the Department of 

8 the Interior for implementing such an action plan; 

9 (3) the specific resources required to enable the 

10 agencies referred to in paragraph (2) to implement 

11 that strategy; 

12 (4) a strategy to reduce the cultivation and 

13 trafficking of marijuana on covered lands by Mexi14 can drug trafficking organizations; 

15 (5) the use of available technology to reduce the 

16 cultivation and trafficking of marijuana on covered 

17 lands; 

18 (6) the impact of Federal land management 

19 statutes on law enforcement efforts; and 

20 (7) the costs associated with marijuana eradi21 cation programs through high intensity drug traf22 ficking areas. 

23 (d) EFFECT ON EXISTING LAW.—The Federal Lands 

24 Counterdrug Action Plan— 

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1 (1) may not change existing agency authorities 

2 or laws governing interagency relationships; and 

3 (2) may provide recommendations for changes 

4 to such authorities or laws. 

5 (e) DISTRIBUTION.— 

6 (1) IN GENERAL.—The Director of the Office of 

7 National Drug Control Policy shall provide a copy of 

8 the Federal Lands Counterdrug Action Plan to— 

9 (A) the Committee on the Judiciary of the 

10 Senate; 

11 (B) the Committee on Appropriations of 

12 the Senate; 

13 (C) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (D) the United States Senate Caucus on 

16 International Narcotics Control; 

17 (E) the Committee on the Judiciary of the 

18 House of Representatives; 

19 (F) the Committee on Appropriations of 

20 the House of Representatives; and 

21 (G) the Committee on Homeland Security 

22 of the House of Representatives. 

23 (2) CLASSIFIED INFORMATION.—Any classified 

24 or law enforcement sensitive information contained 

25 in the Federal Lands Counterdrug Action Plan may 

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1 be submitted in a classified annex to accompany the 

2 Action Plan. 

Æ 

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