106TH CONGRESS

2D SESSION S. 2924

AN ACT

To strengthen the enforcement of Federal statutes relating

to false identification, 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 ‘‘Internet False Identi5 fication Prevention Act of 2000’’.
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1 SEC. 2. COORDINATING COMMITTEE ON FALSE IDENTI2 FICATION.

3 (a) IN GENERAL.—The Attorney General and the

4 Secretary of the Treasury shall establish a coordinating

5 committee to ensure, through existing interagency task

6 forces or other means, that the creation and distribution

7 of false identification documents is vigorously investigated

8 and prosecuted.

9 (b) MEMBERSHIP.—The coordinating committee

10 shall consist of the Secret Service, the Federal Bureau of

11 Investigation, the Department of Justice, the Social Secu12 rity Administration, and the Immigration and Naturaliza13 tion Service.

14 (c) TERM.—The coordinating committee shall termi15 nate 2 years after the effective date of this Act.

16 (d) REPORT.—

17 (1) IN GENERAL.—The Attorney General and

18 the Secretary of the Treasury, at the end of each

19 year of the existence of the committee, shall report

20 to the Committees on the Judiciary of the Senate

21 and House of Representatives on the activities of the

22 committee.

23 (2) CONTENTS.—The report referred in para24 graph (1) shall include—

25 (A) the total number of indictments and

26 informations, guilty pleas, convictions, and ac-
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1 quittals resulting from the investigation and

2 prosecution of the creation and distribution of

3 false identification documents during the pre4 ceding year;

5 (B) identification of the Federal judicial

6 districts in which the indictments and informa7 tions were filed, and in which the subsequent

8 guilty pleas, convictions, and acquittals oc9 curred;

10 (C) specification of the Federal statutes

11 utilized for prosecution;

12 (D) a brief factual description of signifi13 cant investigations and prosecutions; and

14 (E) specification of the sentence imposed

15 as a result of each guilty plea and conviction.

16 SEC. 3. FALSE IDENTIFICATION.

17 Section 1028 of title 18, United States Code, is

18 amended—

19 (1) in subsection (a)—

20 (A) in paragraph (6), by striking ‘‘or’’

21 after the semicolon;

22 (B) by redesignating paragraph (7) as

23 paragraph (8); and

24 (C) by inserting after paragraph (6) the

25 following:
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1 ‘‘(7) knowingly produces or transfers a docu2 ment-making implement that is designed for use in

3 the production of a false identification document;

4 or’’;

5 (2) in subsection (b)(1)(D), by striking ‘‘(7)’’

6 and inserting ‘‘(8)’’;

7 (3) in subsection (b)(2)(B), by striking ‘‘or (7)’’

8 and inserting ‘‘, (7), or (8)’’;

9 (4) in subsection (c)(3)(A), by inserting ‘‘, in10 cluding the making available of a document by elec11 tronic means’’ after ‘‘commerce’’;

12 (5) in subsection (d)—

13 (A) in paragraph (1), by inserting ‘‘tem14 plate, computer file, computer disc,’’ after ‘‘im15 pression,’’;

16 (B) by redesignating paragraph (6) as

17 paragraph (8);

18 (C) by redesignating paragraphs (3)

19 through (5) as paragraphs (4) through (6), re20 spectively;

21 (D) by inserting after paragraph (2) the

22 following:

23 ‘‘(3) the term ‘false identification document’

24 means an identification document of a type intended
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1 or commonly accepted for the purposes of identifica2 tion of individuals that—

3 ‘‘(A) is not issued by or under the author4 ity of a governmental entity; and

5 ‘‘(B) appears to be issued by or under the

6 authority of the United States Government, a

7 State, political subdivision of a State, a foreign

8 government, political subdivision of a foreign

9 government, an international governmental or

10 an international quasi-governmental organiza11 tion;’’; and

12 (E) by inserting after paragraph (6), as re13 designated (previously paragraph (5)), the fol14 lowing:

15 ‘‘(7) the term ‘transfer’ includes making avail16 able for acquisition or use by others; and’’; and

17 (6) by adding at the end the following:

18 ‘‘(i) EXCEPTION.—

19 ‘‘(1) IN GENERAL.—Subsection (a)(7) shall not

20 apply to an interactive computer service used by an21 other person to produce or transfer a document

22 making implement in violation of that subsection

23 except—
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1 ‘‘(A) to the extent that such service con2 spires with such other person to violate sub3 section (a)(7);

4 ‘‘(B) if, with respect to the particular ac5 tivity at issue, such service has knowingly per6 mitted its computer server or system to be used

7 to engage in, or otherwise aided and abetted,

8 activity that is prohibited by subsection (a)(7),

9 with specific intent of an officer, director, part10 ner, or controlling shareholder of such service

11 that such server or system be used for such

12 purpose; or

13 ‘‘(C) if the material or activity available

14 through such service consists primarily of mate15 rial or activity that is prohibited by subsection

16 (a)(7).

17 ‘‘(2) DEFINITION.—In this subsection, the term

18 ‘interactive computer service’ means an interactive

19 computer service as that term is defined in section

20 230(f) of the Communications Act of 1934 (47

21 U.S.C. 230(f)), including a service, system, or access

22 software provider that—

23 ‘‘(A) provides an information location tool

24 to refer or link users to an online location, in25 cluding a directory, index, or hypertext link; or
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1 ‘‘(B) is engaged in the transmission, stor2 age, retrieval, hosting, formatting, or trans3 lation of a communication made by another per4 son without selection or alteration of the con5 tent of the communication, other than that

6 done in good faith to prevent or avoid a viola7 tion of the law.’’.

8 SEC. 4. REPEAL.

9 Section 1738 of title 18, United States Code, is re10 pealed.

11 SEC. 5. EFFECTIVE DATE.

12 This Act and the amendments made by this Act shall

13 take effect 90 days after the date of enactment of this

14 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.