[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2924 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 2924
_______________________________________________________________________
AN ACT
To strengthen the enforcement of Federal statutes relating to false
identification, 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 ``Internet False Identification
Prevention Act of 2000''.
SEC. 2. COORDINATING COMMITTEE ON FALSE IDENTIFICATION.
(a) In General.--The Attorney General and the Secretary of the
Treasury shall establish a coordinating committee to ensure, through
existing interagency task forces or other means, that the creation and
distribution of false identification documents is vigorously
investigated and prosecuted.
(b) Membership.--The coordinating committee shall consist of the
Secret Service, the Federal Bureau of Investigation, the Department of
Justice, the Social Security Administration, and the Immigration and
Naturalization Service.
(c) Term.--The coordinating committee shall terminate 2 years after
the effective date of this Act.
(d) Report.--
(1) In general.--The Attorney General and the Secretary of
the Treasury, at the end of each year of the existence of the
committee, shall report to the Committees on the Judiciary of
the Senate and House of Representatives on the activities of
the committee.
(2) Contents.--The report referred in paragraph (1) shall
include--
(A) the total number of indictments and
informations, guilty pleas, convictions, and acquittals
resulting from the investigation and prosecution of the
creation and distribution of false identification
documents during the preceding year;
(B) identification of the Federal judicial
districts in which the indictments and informations
were filed, and in which the subsequent guilty pleas,
convictions, and acquittals occurred;
(C) specification of the Federal statutes utilized
for prosecution;
(D) a brief factual description of significant
investigations and prosecutions; and
(E) specification of the sentence imposed as a
result of each guilty plea and conviction.
SEC. 3. FALSE IDENTIFICATION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``or'' after the
semicolon;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) knowingly produces or transfers a document-making
implement that is designed for use in the production of a false
identification document; or'';
(2) in subsection (b)(1)(D), by striking ``(7)'' and
inserting ``(8)'';
(3) in subsection (b)(2)(B), by striking ``or (7)'' and
inserting ``, (7), or (8)'';
(4) in subsection (c)(3)(A), by inserting ``, including the
making available of a document by electronic means'' after
``commerce'';
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``template,
computer file, computer disc,'' after ``impression,'';
(B) by redesignating paragraph (6) as paragraph
(8);
(C) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(D) by inserting after paragraph (2) the following:
``(3) the term `false identification document' means an
identification document of a type intended or commonly accepted
for the purposes of identification of individuals that--
``(A) is not issued by or under the authority of a
governmental entity; and
``(B) appears to be issued by or under the
authority of the United States Government, a State,
political subdivision of a State, a foreign government,
political subdivision of a foreign government, an
international governmental or an international quasi-
governmental organization;''; and
(E) by inserting after paragraph (6), as
redesignated (previously paragraph (5)), the following:
``(7) the term `transfer' includes making available for
acquisition or use by others; and''; and
(6) by adding at the end the following:
``(i) Exception.--
``(1) In general.--Subsection (a)(7) shall not apply to an
interactive computer service used by another person to produce
or transfer a document making implement in violation of that
subsection except--
``(A) to the extent that such service conspires
with such other person to violate subsection (a)(7);
``(B) if, with respect to the particular activity
at issue, such service has knowingly permitted its
computer server or system to be used to engage in, or
otherwise aided and abetted, activity that is
prohibited by subsection (a)(7), with specific intent
of an officer, director, partner, or controlling
shareholder of such service that such server or system
be used for such purpose; or
``(C) if the material or activity available through
such service consists primarily of material or activity
that is prohibited by subsection (a)(7).
``(2) Definition.--In this subsection, the term
`interactive computer service' means an interactive computer
service as that term is defined in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)), including a
service, system, or access software provider that--
``(A) provides an information location tool to
refer or link users to an online location, including a
directory, index, or hypertext link; or
``(B) is engaged in the transmission, storage,
retrieval, hosting, formatting, or translation of a
communication made by another person without selection
or alteration of the content of the communication,
other than that done in good faith to prevent or avoid
a violation of the law.''.
SEC. 4. REPEAL.
Section 1738 of title 18, United States Code, is repealed.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 90
days after the date of enactment of this Act.
Passed the Senate October 31 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2924
_______________________________________________________________________
AN ACT
To strengthen the enforcement of Federal statutes relating to false
identification, and for other purposes.