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S. 2924 (is) To strengthen the enforcement of Federal statutes relating to false identification, and for other purposes. [Introduced in Senate] ...
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.
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