[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7804-S7809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S. 3901. A bill to promote enforcement of immigration laws and for 
other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Strengthening 
Our Commitment to Legal Immigration and America's Security Act. Our 
immigration system is broken and needs reform. We can make progress by 
starting with the laws that already exist. My bill would enhance our 
core immigration and enforcement laws for both legal and illegal 
immigrants.
  Much has been discussed this Congress on how to proceed on the very 
complex and, unfortunately at times, partisan issue of immigration 
reform. Some have introduced non-binding resolutions others have tried 
to attach

[[Page S7805]]

immigration-related measures to non-germane legislative vehicles. But, 
we're never going to get anywhere with these political stunts which do 
little to get to the root the problem.
  Throughout my service, I have spent considerable time with my 
constituents and, quite frankly, have anguished with them on how to 
best address the considerable strain the illegal alien population is 
having on Utahns. Among other things, I have taken the initiative to 
increase immigration enforcement in Utah include bringing ICE Quick 
Response teams to our state, creating an immigration court, and 
establishing an ICE Field Office Director position to address Utah's 
immigration concerns. I also brought the 287(g) cross-deputizing 
program and just recently the Secure Communities program to Utah.
  There is no question that more needs to be done. That is something 
everyone will agree on. Just recently legislation was enacted to 
enhance border security. I was pleased that this was a bipartisan 
effort. Some argue that the bill is sufficient to secure our border, 
but I disagree. There is much work to be done before the border is 
properly sealed. I continue to work with and support my colleagues 
whose states are located along the Southwest border. They know what 
resources we need to deploy to secure the border.
  While Utah is not a border state, we still share the same concerns of 
our neighbors along the border. However, our problems result from a 
residual effect of a porous border and a breakdown of our immigration 
enforcement system.
  For years, I have been saying most immigration problems could be 
solved if we would enforce the laws on the books. Unfortunately, the 
current Administration continues to explore ways to exploit current law 
and score political points.
  During the past several months, the Obama administration has been 
holding behind-the-scenes talks to determine whether the Department of 
Homeland Security can unilaterally grant legal status, on a mass basis, 
to illegal immigrants via deferred action and parole. If the 
Administration is successful, it would be the equivalent of back-door 
amnesty for millions. For this reason, my bill specifies that an alien 
may only be paroled or granted deferred action on a case-by-case 
basis--not en mass--the way these laws were intended to be used.
  The 287(g) and Secure Communities programs continue to be valuable 
tools to our law enforcement officials in detaining and deporting 
criminal aliens. For example, in Fiscal Year 2010, the 287(g) program 
was responsible for detaining 29,295 criminal aliens. What I don't 
understand is why some cities would choose to not participate in these 
effective programs. That is why my proposed legislation would require 
eligible states, counties, or cities to actively participate in the 
Secure Communities or 287(g) programs or forego compensation for 
incarceration expenses. Turning a blind eye to these law enforcement 
programs poses a serious risk to the public and creates sanctuary 
cities.
  When I meet with my constituents, one of their top concerns is how we 
fix our visa programs. Many are concerned, and with good cause, about 
how some of these folks are getting into the country. Disturbingly, 
some visa holders are active participants in organized crime. They come 
to this country and infiltrate our communities, wreaking havoc in our 
neighborhoods.
  In an effort to address this problem, my bill would provide our State 
Department consular officers the necessary legal authority to deny 
members of known gangs from coming into our country. It's not 
acceptable to allow these thugs to slip through the cracks.
  After 9/11, many areas of our immigration system came under scrutiny. 
One of the top recommendations for reform to our system is to create an 
exit procedure for foreign visitors to the United States. Departure 
information is vital for determining whether foreign visitors are 
departing the U.S., maintaining their visa status, and evaluating 
future visa eligibility for these visitors. Not to mention, the ability 
to track departures goes to the heart of keeping America safe.
  Without such exit procedures, however, the task of determining 
whether an alien has overstayed their visa in the United States is 
nearly impossible. Since 2004, the Department of Homeland Security has 
been testing exit programs and departure controls at U.S. airports for 
visa holders leaving the United States. As recently as July 2009, 
another pilot program was concluded by the Department of Homeland 
Security. To date, we still haven't seen any implementation of exit 
procedures for our country's visitors, nor have we seen any final 
conclusions made by the Department. It has been over 6 years since the 
first pilot program concluded. It is time to act.
  Thus, my bill would require the Secretary of Homeland Security to 
create a mandatory exit procedure for foreign visitors to the United 
States. This should have been done years ago.
  Additionally, the proposed legislation would eliminate the fraud-
laden visa lottery, known as the Diversity Visa program. At present, 
applicants of the visa lottery program are open to being defrauded by 
so-called service providers who offer to assist them in obtaining 
Diversity Visa status. Unlike other immigrant visa categories, this is 
one of the few visas that allows people to immigrate to the United 
States without having any connection to the country. In other words, 
the applicants may not have any family, employment, or even provide an 
economic tie to the United States. And because of limited availability 
of verification, the program presents serious national security 
concerns.
  Let me be clear: if anyone is a proponent of a diverse nation, one 
that enjoys the influence of many cultures, it is me. But what we have 
right now in the visa lottery program does not accomplish the intended 
goal.
  After careful consultation with State Department officials, I have 
been advised that the Diversity Visa program needs serious reform, and 
some have even called for complete elimination of the program. In light 
of this guidance, I propose to sunset the Diversity Visa program, 
unless the State Department recommends to Congress how best to combat 
fraud and eliminate abuse currently in the program.
  One of the most heated issues that is continually raised by my 
constituents, and many across the country, is the impact that illegal 
aliens are having upon our welfare programs. It came to my attention 
that Los Angeles County, California, actually tracks this information. 
Much to my amazement, L.A. County confirms that in 2009 alone, they 
distributed over $2.4 billion in Federal-State welfare and food stamp 
programs. Of that amount, $569 million was issued to households that 
include illegal aliens. Let me reiterate: the illegal alien population 
in L.A. County received over a half-billion dollars of welfare benefits 
in one year alone.
  In order to have an honest discussion about the drain illegal aliens 
are having upon our welfare systems, we must be armed with state-
specific information to understand the extent of this problem.
  Thus, my bill would require the Secretary of Health and Human 
Services, in consultation with the Department of Homeland Security and 
any other appropriate Federal agency, to submit an annual report to 
Congress outlining the total dollar amount of Federal welfare benefits 
received by households of illegal aliens for each state and the 
District of Columbia. The annual report would also include the overall 
dollar amount each state spends on Federal welfare benefits.
  Without having this information, we will continue to dismiss the 
serious economic ramifications to our country's prosperity. We cannot 
afford to perpetuate this problem any longer.
  My legislation also includes a provision which revisits the legal 
immigrant policy included in the Children's Health Insurance Program 
Reauthorization Act of 2009, P.L. 111-3. The CHIP Reauthorization law 
overturned language requiring a 5-year waiting period before legal 
immigrants may be eligible for federal health coverage. The 5-year 
waiting period was included in the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, P.L. 104-193. As my colleagues 
will recall, the 1996 Welfare Reform Act required sponsors of legal 
immigrants to be responsible for individuals' expenses during the first 
5 years of residency in our country. States had the option of offering 
legal immigrants CHIP and Medicaid coverage with State only dollars. In 
other words, States could not

[[Page S7806]]

receive Federal matching dollars for covering these legal immigrants.
  The 2009 CHIP law overturned that policy. Today, States may still 
cover legal immigrant children and pregnant women who have been in the 
U.S. less than 5 years. However, the big difference is states now 
receive Federal matching dollars for covering those individuals.
  The provision in the bill I am introducing today would permit states 
to continue receiving federal matching dollars for covering legal 
immigrant children and legal immigrant pregnant women but two 
conditions must be met. First, the state must demonstrate that it has 
covered 90 percent of its U.S. citizen children and pregnant women 
eligible for CHIP or Medicaid. These individuals' family income may not 
exceed 200 percent of the Federal poverty level. Second, the State must 
demonstrate that it is not supplanting state dollars which were being 
used to cover legal immigrants prior to passage of the 2009 CHIP 
reauthorization law with Federal dollars.
  Another top concern I regularly hear about is identity theft--that of 
both adults and children who have to spend a great amount of their time 
and money to clear their good names and restore their credit history.
  In 2006, parents of Utah 2-year old Tyler Lybbert realized their 
daughter's identity had been stolen by 38-year old Jose Tinoco. By the 
time the Lybberts became aware of the fraud, Mr. Tinoco had already 
taken out two loans and opened credit cards--saddling Tyler with over 
$15,000 in debt. Little Tyler was left holding the bag.
  Fortunately, when Mr. Tinoco tried to obtain a loan from a local Utah 
bank, an employee spotted the discrepancy and alerted Tyler's parents. 
Mr. Tinoco was caught, but the Lybberts were left with countless hours 
of work to correct the fraud perpetrated against their child.
  This past weekend, the Utah press reported on another identity theft 
case. A newly married radiology student at Weber State University has 
been battling to reclaim his identity for the last 15 years. When 
Cameron Noble was 7 years old his Social Security number was stolen by 
Mr. Jose Zavala of California--an over 60-year-old man.
  Noble's parents thought they had corrected the error but when Cameron 
began working at the age of 16 he started receiving notices that his 
wages were being garnished to pay child support. The problem has 
continued to haunt him ever since--in the form of tax withholdings and 
credit report confusion. He is now nearing the end of the process to 
obtain a new Social Security number.
  It is not a secret that many in the illegal immigrant community 
perpetuate identity theft with stolen or fabricated Social Security 
numbers, SSN. The identity theft they commit often affects the very 
young--who may not notice problems for years or decades until they are 
old enough to apply for their first job, car or school loan, or credit 
card.
  As in little Tyler Lybbert's case, why did it take a bank employee to 
pick up on the theft? Because there is no formal system established to 
alert SSN holders when potential fraud or improper usage have occurred.
  The federal agency that is best suited to track the use of mismatched 
SSN numbers is the Internal Revenue Service, IRS. That is why my bill 
requires the IRS to send a notice to an employer that an inaccurate SSN 
has been discovered for an employee. If the employer does not respond 
to the notice within 60-days to correct the inaccuracy, my legislation 
will require the IRS to notify the SSN holder or to parents and 
guardians of a minor, that a discrepancy has been detected and to do 
the following: if it is an actual mismatch to contact the IRS; if they 
suspect fraudulent use, the SSN holder is provided with contact 
information for the FTC and various credit bureaus to report the 
problem; and finally if no response is received by the SSN holder, the 
IRS would be required to refer the account number to appropriate 
Federal agencies for possible investigation.
  Let me pause here to underscore a point. Currently, the original SSN 
holder never receives notice when a mismatch has occurred. Quite 
frankly, I do not have the assurances that the IRS is requiring much of 
the employer to correct or verify the submission. That is not 
acceptable. In this day and age, when at a click of a mouse, someone 
can apply for credit cards, mortgages, or even car loans, there is no 
excuse why SSN holders are left in the dark.
  One can only imagine that if this simple notification step was taken 
in the case of little Tyler Lybbert or the Noble family that years of 
laborious efforts and countless hours of notifying credit bureaus, 
banks, and other authorities, could have been greatly reduced if not 
avoided all together.
  To make matters more confusing in this area of the law, the Supreme 
Court has more or less tied the hands of prosecutors in going after 
these thieves and those who are involved in so-called document mills. 
The case of Flores-Figueroa v. United States undermined prosecutors' 
longstanding practice of using the aggravated identity theft statute by 
requiring them to also prove that a defendant knew that he or she was 
using a real person's identity information, as opposed to counterfeit 
information not connected to an actual person.
  To clarify the Criminal Code and provide our prosecutors with the 
latitude they need to pursue these cases, my bill makes clear that 
defendants who possess or otherwise use identity information not their 
own, without lawful authority, and in the commission of another felony 
is still punishable for aggravated identity fraud, regardless of the 
defendants' ``knowledge'' of the victim.
  Finally, my bill's identity theft would require the Secretary of the 
Treasury, the Chairman of the FTC, and the Commissioner of Social 
Security to conduct a study to determine the most feasible and cost-
effective ways to protect the credit worthiness of individuals, 
especially that of children.
  Mexican Cartel drug violence has been placed front and center by the 
media and members of this body. Some of my fellow colleagues have 
called for more resources directed to this problem. As additional 
federal law enforcement personnel and military units continue to be 
deployed to the southwest border the focus has been on weapons, drug 
interdiction and bulk cash smuggling. While I recognize the importance 
of these border enforcement activities, too little attention is being 
paid to outdoor marijuana cultivation by Mexican drug trafficking 
organizations.
  Outdoor marijuana cultivation by Mexican drug trafficking 
organizations is causing increasing environmental damage, especially on 
publicly owned lands. From 2004-2009 more than 11 million marijuana 
plants have been eradicated from federal public lands. Outdoor 
marijuana cultivation is the chief source of revenue for Mexican drug 
trafficking organizations.
  Growing marijuana in the U.S. saves traffickers the risk and expense 
of smuggling their product across the border and allows gangs to 
produce their crops closer to local markets. Illegal alien workers are 
smuggled in from Mexico to serve as laborers and provide security to 
the grow plots. Mexican gang plots can often be distinguished from 
those of domestic-based growers based on their plant volume and 
security measures. Many of the plots are encircled with crude 
explosives and are patrolled by armed illegal aliens providing security 
for the crop.
  In my home State of Utah, the Drug Enforcement Administration and 
local law enforcement have seized more than 110,000 marijuana plants 
this year. Each plant can yield one pound of marijuana with a street 
value of $1,000. These remote plots were on federal land and nestled 
under the cover in a national forest or hidden high in the rugged-yet-
fertile tracts of federal land. All of the sites were far from the eyes 
of law enforcement, where growers can take the time needed to grow far 
more potent marijuana. Growers of these fields have even created 
irrigation systems to disrupt or divert water sources. They even use 
illegal fertilizers that damage the environment and the local eco-
system.
  In one recent incident in Garfield County, Utah an illegal alien grow 
worker was armed with a shotgun and confronted six teenage girls who 
inadvertently hiked into the marijuana field. The worker brandished a 
shotgun and demanded to use their cell phone. Fortunately, the group of 
girls were able to run away from this armed man

[[Page S7807]]

and prevented what could have been a very tragic outcome. The girls 
were quite traumatized and reported the incident to local police. The 
Drug Enforcement Administration and the local authorities apprehended 
the man a short time later.
  So far this year in Utah, as a result of joint investigative efforts 
between Federal, State and local law enforcement, 20 arrests have been 
made in connection with the outdoor cultivation of marijuana on Federal 
lands. Out of the 20 arrests made, 19 were illegal aliens. This is not 
a problem that is unique to Utah. Other States with substantial federal 
lands are also seeing a spike in marijuana cultivation by Mexican drug 
trafficking organizations, including Colorado, California, Idaho, 
Nevada, Oregon and Michigan.
  It is for this reason why my legislation would provide tougher 
penalties for cultivating marijuana on federal lands and destroying the 
environment. Provisions of this legislation would also require the 
Office of National Drug Control Policy to formulate a comprehensive and 
coordinated action plan to address marijuana cultivation on Federal 
lands. This plan will be a broad strategic approach to disrupt Mexican 
drug trafficking organizations' central source of revenue and a key 
reason for organized alien smuggling.
  The fight to control the border is no longer isolated to just the 
physical boundary between the United States and Mexico. Securing the 
border now means addressing Mexican cartels; prohibiting mass deferral 
or parole; streamlining the visa process; requiring participation in 
key law enforcement programs; clamping down on identity theft; tracking 
the amount of welfare benefits being diverted by illegal immigrant 
households; ensuring that dollars are being used to cover newly 
eligible American children in CHIP and Medicaid; and keeping our great 
national parks and Federal lands safe and free from drug traffickers, 
drug cultivation, and environmental damage.
  Let me conclude by saying this bill represents key issues that are 
important to my Utah constituents and Americans across the country. 
They are common sense solutions to strengthen our commitment to legal 
immigration and American's security. I urge my colleagues to put 
partisanship aside and support this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3901

       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;

[[Page S7808]]

       (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--

[[Page S7809]]

       (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;
       (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.
                                 ______