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[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.
```