II

103D CONGRESS

2D SESSION S. 2494

To amend title 18 of the United States Code regarding false identification

documents.

IN THE SENATE OF THE UNITED STATES

OCTOBER 3 (legislative day, SEPTEMBER 12), 1994

Mr. PRESSLER introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend title 18 of the United States Code regarding

false identification documents.

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 ‘‘False Identification

5 Act of 1994’’.

6 SEC. 2. MINIMUM NUMBER OF DOCUMENTS FOR CERTAIN

7 OFFENSE.

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

9 amended—
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1 (1) in subsection (a)(3), by striking ‘‘five’’ and

2 inserting ‘‘3’’; and

3 (2) in subsection (b)(1)(B), by striking ‘‘five’’

4 and inserting ‘‘3’’.

5 SEC. 3. REQUIRED VERIFICATION OF MAILED IDENTIFICA6 TION DOCUMENTS.

7 (a) IN GENERAL.—Chapter 83 of title 18, United

8 States Code, is amended by adding at the end the

9 following:

10 ‘‘§ 1739. Verification of identification documents

11 ‘‘(a) Whoever knowingly sends through the mails any

12 unverified identification document which bears a birth

13 date—

14 ‘‘(1) purporting to be that of the individual

15 named in the document; and

16 ‘‘(2) showing that individual to be 21 years of

17 age or older;

18 when in fact that individual has not attained the age of

19 21 years, shall be fined under this title or imprisoned not

20 more than one year, or both.

21 ‘‘(b) As used in this section—

22 ‘‘(1) the term ‘unverified’, with respect to an

23 identification document, means that the sender has

24 not personally viewed a certification or other written
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1 communication confirming the age of the individual

2 to be identified in the document from—

3 ‘‘(A) a governmental entity within the

4 United States or any of its territories or posses5 sions; or

6 ‘‘(B) a duly licensed physician, hospital,

7 medical clinic within the United States; and

8 ‘‘(2) the term ‘‘identification document’’ means

9 a card, certificate, or paper intended to be used pri10 marily to identify an individual.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of chapter 83 of title 18, United States

13 Code, is amended by adding at the end the following new

14 item:

‘‘1739. Verification of identification documents.’’.

15 (c) CONFORMING AMENDMENT.—Section 3001(a) of

16 title 39, United States Code, is amended by striking ‘‘or

17 1738’’ and inserting ‘‘1738, or 1739’’.

18 SEC. 4. PILOT PROGRAM ON USE OF CERTAIN DRIVERS’ LI19 CENSES AS DOCUMENTS ESTABLISHING

20 BOTH EMPLOYMENT AUTHORIZATION AND

21 IDENTITY.

22 (a) IN GENERAL.—The Attorney General shall estab23 lish a pilot program under which, in the case of up to three

24 States which provide for the issuance of drivers’ licenses

25 (and related identification documents) in accordance with
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1 a system described in subsection (b), a driver’s license or

2 similar identification document issued by the States in ac3 cordance with subsection (b) shall be treated, for purposes

4 of section 274A(b) of the Immigration and Nationality

5 Act, as a document described in paragraph (1)(B) of such

6 section.

7 (b) SYSTEM REQUIREMENTS.—The system for the is8 suance of licenses or documents must—

9 (1) be in a form which is resistant to counter10 feiting and tampering, such as tamper-proof lami11 nates and photographs, holograms, or magnetic

12 stripes containing such data as physical characteris13 tics;

14 (2) include on the driver’s license or other form

15 of identification the applicant’s social security ac16 count number, which number the State has con17 firmed with the Social Security Administration as

18 being the number issued to the applicant; and

19 (3) require that an applicant for a driver’s li20 cense or other form of identification be issued a tem21 porary driver’s license or other form of identification

22 upon demonstrating qualification therefore, and that

23 the driver’s license or other form of identification be

24 mailed to the residence address of the applicant

25 after a waiting period of no more than 30 days in
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1 which the State has used reasonable means to con2 firm the identification information presented by the

3 applicant.

4 (c) REPORT.—Not later than 3 years after the date

5 of the enactment of this Act, the Attorney General shall

6 submit a report to the Congress on the performance of

7 the pilot program under this section and on whether such

8 program should be extended (on a voluntary or mandatory

9 basis) to all States.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated $5,000,000 to carry out

12 the purposes of this section for each of fiscal years 1995,

13 1996, and 1997.

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