[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1581 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1581

To mitigate the harm to individuals throughout the Nation who have been 
victimized by identity theft, to prevent identity theft, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 3, 2003

Ms. Cantwell (for herself and Mr. Enzi) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To mitigate the harm to individuals throughout the Nation who have been 
victimized by identity theft, to prevent identity theft, 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 ``Identity Theft Victims Assistance 
Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The crime of identity theft is the fastest growing 
        crime in the United States. According to a recent estimate, 
        7,000,000 Americans were victims of identity theft in the past 
        year, a 79 percent increase over previous estimates.
            (2) Stolen identities are often used to perpetuate crimes 
        in many cities and States, making it more difficult for 
        consumers to restore their respective identities.
            (3) Identity theft cost consumers more than $745,000,000 in 
        1998 and has increased dramatically in the last few years. It 
        has been estimated that identity theft victims within the 
        business community lose an average of $17,000.
            (4) Identity theft is ruinous to the good name and credit 
        of consumers whose identities are misappropriated, and 
        consumers may be denied otherwise deserved credit and may have 
        to spend enormous time, effort, and money to restore their 
        respective identities.
            (5) As of the date of enactment of this Act, a national 
        mechanism does not exist to assist identity theft victims to 
        obtain evidence of identity theft, restore their credit, and 
        regain control of their respective identities.
            (6) Consumers who are victims of identity theft need a 
        nationally standardized means of--
                    (A) establishing their true identities and claims 
                of identity theft to all business entities, credit 
                reporting agencies, and Federal and State law 
                enforcement agencies;
                    (B) obtaining information documenting fraudulent 
                transactions from business entities; and
                    (C) reporting identity theft to consumer credit 
                reporting agencies.
            (7) Business entities, credit reporting agencies, and 
        government agencies have a shared responsibility to assist 
        victims of identity theft to mitigate the harm caused by any 
        fraud perpetrated in the name of the victims.

SEC. 3. TREATMENT OF IDENTITY THEFT MITIGATION.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding after section 1028 the following:
``Sec. 1028A. Treatment of identity theft mitigation
    ``(a) Definitions.--As used in this section--
            ``(1) the term `business entity' means any corporation, 
        trust, partnership, sole proprietorship, or unincorporated 
        association, including any financial service provider, 
        financial information repository, creditor (as that term is 
        defined in section 103 of the Truth in Lending Act (15 U.S.C. 
        1602)), telecommunications, utilities, or other service 
        provider;
            ``(2) the term `consumer' means an individual;
            ``(3) the term `financial information' means information 
        identifiable as relating to an individual consumer that 
        concerns the amount and conditions of the assets, liabilities, 
        or credit of the consumer, including--
                    ``(A) account numbers and balances;
                    ``(B) nonpublic personal information, as that term 
                is defined in section 509 of the Gramm-Leach-Bliley Act 
                (15 U.S.C. 6809); and
                    ``(C) codes, passwords, social security numbers, 
                tax identification numbers, State identifier numbers 
                issued by a State department of licensing, and other 
                information used for the purpose of account access or 
                transaction initiation;
            ``(4) the term `financial information repository' means a 
        person engaged in the business of providing services to 
        consumers who have a credit, deposit, trust, stock, or other 
        financial services account or relationship with that person;
            ``(5) the term `identity theft' means a violation of 
        section 1028 or any other similar provision of applicable 
        Federal or State law;
            ``(6) the term `means of identification' has the same 
        meaning given the term in section 1028;
            ``(7) the term `victim' means a consumer whose means of 
        identification or financial information has been used or 
        transferred (or has been alleged to have been used or 
        transferred) without the authority of that consumer with the 
        intent to commit, or with the intent to aid or abet, an 
        identity theft; and
            ``(8) the terms not defined in this section or otherwise 
        defined in section 3(s) of the Federal Deposit Insurance Act 
        (12 U.S.C. 1813(s)) shall have the meaning given to them in 
        section 1(b) of the International Banking Act of 1978 (12 
        U.S.C. 3101).
    ``(b) Information Available to Victims.--
            ``(1) In general.--A business entity that has provided 
        credit, provided, for consideration, products, goods, or 
        services, accepted payment, otherwise entered into a commercial 
        transaction for consideration with a person that has made 
        unauthorized use of the means of identification of the victim, 
        or possesses information relating to such transaction, shall, 
not later than 20 days after the receipt of a written request by the 
victim, meeting the requirements of subsection (c), provide, without 
charge, a copy of all application and business transaction information 
related to the transaction being alleged as an identity theft to--
                    ``(A) the victim;
                    ``(B) any Federal, State, or local governing law 
                enforcement agency or officer specified by the victim 
                in such a request; or
                    ``(C) any law enforcement agency investigating the 
                identity theft and authorized by the victim to take 
                receipt of records provided under this section.
            ``(2) Rule of construction.--
                    ``(A) In general.--No provision of Federal or State 
                law (except a law involving the non-disclosure of 
                information related to a pending Federal criminal 
                investigation) prohibiting the disclosure of financial 
                information by a business entity to third parties shall 
                be used to deny disclosure of information to the victim 
                under this section.
                    ``(B) Limitation.--Except as provided in 
                subparagraph (A), nothing in this section permits a 
                business entity to disclose information that the 
                business entity is otherwise prohibited from disclosing 
                under any other applicable provision of Federal or 
                State law.
    ``(c) Verification of Identity and Claim.--Unless a business 
entity, at its discretion, is otherwise able to verify the identity of 
a victim making a request under subsection (b)(1), the victim shall 
provide to the business entity--
            ``(1) as proof of positive identification, at the election 
        of the business entity--
                    ``(A) the presentation of a government-issued 
                identification card;
                    ``(B) personally identifying information of the 
                same type as was provided to the business entity by the 
                unauthorized person; or
                    ``(C) personally identifying information that the 
                business entity typically requests from new applicants 
                or for new transactions at the time of the victim's 
                request for information; and
            ``(2) as proof of a claim of identity theft, at the 
        election of the business entity--
                    ``(A) a copy of a police report evidencing the 
                claim of the victim of identity theft;
                    ``(B) a properly completed copy of a standardized 
                affidavit of identity theft developed and made 
                available by the Federal Trade Commission; or
                    ``(C) any properly completed affidavit of fact that 
                is acceptable to the business entity for that purpose.
    ``(d) Verification Standard.--Prior to releasing records pursuant 
to subsection (b), a business entity shall take reasonable steps to 
verify the identity of the alleged victim requesting such records.
    ``(e) Limitation on Liability.--No business entity may be held 
liable for a disclosure, made in good faith and reasonable judgment 
pursuant to, and in compliance with, this section, where such 
disclosure is made--
            ``(1) for the purpose of detection, investigation, or 
        prosecution of identity theft; or
            ``(2) to assist a victim in recovery of fines, restitution, 
        rehabilitation of the credit of the victim, or such other 
        relief as may be appropriate.
    ``(f) Authority To Decline To Provide Information.--A business 
entity may decline to provide information under subsection (b) if, in 
the exercise of good faith and reasonable judgment, the business entity 
determines that--
            ``(1) this section does not require disclosure of the 
        information;
            ``(2) the request for the information is based on a 
        misrepresentation of fact by the victim relevant to the request 
        for information; or
            ``(3) the information requested is Internet navigational 
        data or similar information about a person's visit to a website 
        or online service.
    ``(g) No New Recordkeeping Obligation.--Nothing in this section 
creates an obligation on the part of a business entity to obtain, 
retain, or maintain information or records that are not otherwise 
required to be obtained, retained, or maintained in the ordinary course 
of its business or under other applicable law.
    ``(h) Enforcement.--
            ``(1) Injunctive actions by the attorney general.--
                    ``(A) In general.--Whenever it appears that a 
                business entity to which this section applies has 
                engaged, is engaged, or is about to engage, in any act 
                or practice constituting a violation of this section, 
                the Attorney General of the United States may bring a 
                civil action in an appropriate district court of the 
                United States to--
                            ``(i) enjoin such act or practice;
                            ``(ii) enforce compliance with this 
                        section; and
                            ``(iii) obtain such other equitable relief 
                        as the court determines to be appropriate.
                    ``(B) Other injunctive relief.--Upon a proper 
                showing in the action under subparagraph (A), the court 
                shall grant a permanent injunction or a temporary 
                restraining order without bond.
            ``(2) Administrative enforcement.--
                    ``(A) Federal trade commission.--
                            ``(i) In general.--Except to the extent 
                        that administrative enforcement is specifically 
                        committed to another agency under subparagraph 
                        (B), a violation of this section shall be 
                        deemed an unfair or deceptive act or practice 
                        in violation of the Federal Trade Commission 
                        Act (15 U.S.C. 41 et seq.), for purposes of the 
                        exercise by the Federal Trade Commission of its 
                        functions and powers under that Act.
                            ``(ii) Available functions and powers.--All 
                        of the functions and powers of the Federal 
                        Trade Commission under the Federal Trade 
Commission Act are available to the Commission to enforce compliance by 
any person with this section.
                    ``(B) Other federal agencies.--Compliance with any 
                requirements under this section may be enforced--
                            ``(i) under section 8 of the Federal 
                        Deposit Insurance Act (12 U.S.C. 1818)--
                                    ``(I) by the Office of the 
                                Comptroller of the Currency, with 
                                respect to national banks, and Federal 
                                branches and Federal agencies of 
                                foreign banks (except brokers, dealers, 
                                persons providing insurance, investment 
                                companies, and investment advisers);
                                    ``(II) by the Board of Governors of 
                                the Federal Reserve System, with 
                                respect to member banks of the Federal 
                                Reserve System (other than national 
                                banks), branches and agencies of 
                                foreign banks (other than Federal 
                                branches, Federal agencies, and insured 
                                State branches of foreign banks), 
                                commercial lending companies owned or 
                                controlled by foreign banks, and 
                                organizations operating under section 
                                25 or 25A of the Federal Reserve Act 
                                (12 U.S.C. 601 et seq. and 611 et 
                                seq.);
                                    ``(III) by the Board of Directors 
                                of the Federal Deposit Insurance 
                                Corporation, with respect to banks 
                                insured by the Federal Deposit 
                                Insurance Corporation (other than 
                                members of the Federal Reserve System), 
                                insured State branches of foreign 
                                banks, and any subsidiaries of such 
                                entities (except brokers, dealers, 
                                persons providing insurance, investment 
                                companies, and investment advisers); 
                                and
                                    ``(IV) by the Director of the 
                                Office of Thrift Supervision, with 
                                respect to savings associations, the 
                                deposits of which are insured by the 
                                Federal Deposit Insurance Corporation, 
                                and any subsidiaries of such savings 
                                associations (except brokers, dealers, 
                                persons providing insurance, investment 
                                companies, and investment advisers);
                            ``(ii) by the Board of the National Credit 
                        Union Administration, under the Federal Credit 
                        Union Act (12 U.S.C. 1751 et seq.), with 
                        respect to any federally insured credit union, 
                        and any subsidiaries of such credit union;
                            ``(iii) by the Securities and Exchange 
                        Commission, under the Securities Exchange Act 
                        of 1934 (15 U.S.C. 78a et seq.), with respect 
                        to any broker or dealer;
                            ``(iv) by the Securities and Exchange 
                        Commission, under the Investment Company Act of 
                        1940 (15 U.S.C. 80a-1 et seq.), with respect to 
                        investment companies;
                            ``(v) by the Securities and Exchange 
                        Commission, under the Investment Advisers Act 
                        of 1940 (15 U.S.C. 80b-1 et seq.), with respect 
                        to investment advisers registered with the 
                        Commission under such Act;
                            ``(vi) by the Secretary of Transportation, 
                        under subtitle IV of title 49, with respect to 
                        all carriers subject to the jurisdiction of the 
                        Surface Transportation Board;
                            ``(vii) by the Secretary of Transportation, 
                        under part A of subtitle VII of title 49, with 
                        respect to any air carrier or any foreign air 
                        carrier subject to that part; and
                            ``(viii) by the Secretary of Agriculture, 
                        under the Packers and Stockyards Act, 1921 (7 
                        U.S.C. 181 et seq.), except as provided in 
                        section 406 of that Act (7 U.S.C. 226, 2271), 
                        with respect to any activities subject to that 
                        Act.
                    ``(C) Agency powers.--
                            ``(i) In general.--A violation of any 
                        requirement imposed under this section shall be 
                        deemed to be a violation of a requirement 
                        imposed under any Act referred to under 
                        subparagraph (B), for the purpose of the 
                        exercise by any agency referred to under 
                        subparagraph (B) of its powers under any such 
                        Act.
                            ``(ii) Rule of construction.--Nothing in 
                        this section shall be construed to prevent a 
                        Federal agency from exercising the powers 
                        conferred upon such agency by Federal law to--
                                    ``(I) conduct investigations;
                                    ``(II) administer oaths or 
                                affirmations; or
                                    ``(III) compel the attendance of 
                                witnesses or the production of 
                                documentary or other evidence.
            ``(3) Parens patriae authority.--
                    ``(A) Civil actions.--In any case in which the 
                attorney general of a State has reason to believe that 
                an interest of the residents of that State has been, or 
                is threatened to be, adversely affected by a violation 
                of this section by any business entity, the State, as 
                parens patriae, may bring a civil action on behalf of 
                the residents of the State in a district court of the 
                United States of appropriate jurisdiction to--
                            ``(i) enjoin that practice;
                            ``(ii) enforce compliance with this 
                        section;
                            ``(iii) obtain damages--
                                    ``(I) in the sum of actual damages, 
                                restitution, and other compensation on 
                                behalf of the affected residents of the 
                                State; and
                                    ``(II) punitive damages, if the 
                                violation is willful or intentional; 
                                and
                            ``(iv) obtain such other equitable relief 
                        as the court may consider to be appropriate.
                    ``(B) Notice.--Before filing an action under 
                subparagraph (A), the attorney general of the State 
                involved shall, if practicable, provide to the Attorney 
                General of the United States, and where applicable, to 
                the appropriate Federal agency with the authority to 
                enforce this section under paragraph (2)--
                            ``(i) a written notice of the action; and
                            ``(ii) a copy of the complaint for the 
                        action.
            ``(4) Intervention.--
                    ``(A) In general.--On receiving notice of an action 
                under paragraph (3), the Attorney General of the United 
                States, and any Federal agency with authority to 
                enforce this section under paragraph (2), shall have 
                the right to intervene in that action.
                    ``(B) Effect of intervention.--Any person or agency 
                under subparagraph (A) that intervenes in an action 
                under paragraph (2) shall have the right to be heard on 
                all relevant matters arising therein.
                    ``(C) Service of process.--Upon the request of the 
                Attorney General of the United States or any Federal 
                agency with the authority to enforce this section under 
                paragraph (2), the attorney general of a State that has 
                filed an action under this section shall, pursuant to 
                rule 4(d)(4) of the Federal Rules of Civil Procedure, 
                serve the Attorney General of the United States or the 
                head of such Federal agency, with a copy of the 
                complaint.
            ``(5) Construction.--For purposes of bringing any civil 
        action under this subsection, nothing in this section shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on such attorney general by the 
        laws of that State to--
                    ``(A) conduct investigations;
                    ``(B) administer oaths or affirmations; or
                    ``(C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            ``(6) Limitation on state action while federal action is 
        pending.--In any case in which an action is instituted by or on 
        behalf of the Attorney General of the United States, or 
        appropriate Federal regulator authorized under paragraph (2), 
        for a violation of this section, no State may, during the 
        pendency of that action, institute an action under this section 
        against any defendant named in the complaint in that action for 
        such violation.
            ``(7) Venue; service of process.--
                    ``(A) Venue.--Any action brought under this 
                subsection may be brought in the district court of the 
                United States--
                            ``(i) where the defendant resides;
                            ``(ii) where the defendant is doing 
                        business; or
                            ``(iii) that meets applicable requirements 
                        relating to venue under section 1391 of title 
                        28.
                    ``(B) Service of process.--In an action brought 
                under this subsection, process may be served in any 
                district in which the defendant--
                            ``(i) resides;
                            ``(ii) is doing business; or
                            ``(iii) may be found.
            ``(8) Affirmative defense.--In any civil action brought to 
        enforce this section, it is an affirmative defense (which the 
        defendant must establish by a preponderance of the evidence) 
        for a business entity to file an affidavit or answer stating 
        that--
                    ``(A) the business entity has made a reasonably 
                diligent search of its available business records; and
                    ``(B) the records requested under this section do 
                not exist or are not available.
            ``(9) No private right of action.--Nothing in this section 
        shall be construed to provide a private right of action or 
        claim for relief.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by inserting 
after the item relating to section 1028 the following new item:

``1028A. Treatment of identity theft mitigation.''.

SEC. 4. AMENDMENTS TO THE FAIR CREDIT REPORTING ACT.

    (a) Consumer Reporting Agency Blocking of Information Resulting 
From Identity Theft.--Section 611 of the Fair Credit Reporting Act (15 
U.S.C. 1681i) is amended by adding at the end the following:
    ``(e) Block of Information Resulting From Identity Theft.--
            ``(1) Block.--Except as provided in paragraph (3) and not 
        later than 30 days after the date of receipt of proof of the 
        identity of a consumer and an official copy of a police report 
        evidencing the claim of the consumer of identity theft, a 
        consumer reporting agency shall block the reporting of any 
        information identified by the consumer in the file of the 
        consumer resulting from the identity theft, so that the 
        information cannot be reported.
            ``(2) Notification.--A consumer reporting agency shall 
        promptly notify the furnisher of information identified by the 
        consumer under paragraph (1)--
                    ``(A) that the information may be a result of 
                identity theft;
                    ``(B) that a police report has been filed;
                    ``(C) that a block has been requested under this 
                subsection; and
                    ``(D) of the effective date of the block.
            ``(3) Authority to decline or rescind.--
                    ``(A) In general.--A consumer reporting agency may 
                decline to block, or may rescind any block, of consumer 
                information under this subsection if--
                            ``(i) in the exercise of good faith and 
                        reasonable judgment, the consumer reporting 
                        agency finds that--
                                    ``(I) the information was blocked 
                                due to a misrepresentation of fact by 
                                the consumer relevant to the request to 
                                block; or
                                    ``(II) the consumer knowingly 
                                obtained possession of goods, services, 
                                or moneys as a result of the blocked 
                                transaction or transactions, or the 
                                consumer should have known that the 
                                consumer obtained possession of goods, 
                                services, or moneys as a result of the 
                                blocked transaction or transactions; or
                            ``(ii) the consumer agrees that the blocked 
                        information or portions of the blocked 
                        information were blocked in error.
                    ``(B) Notification to consumer.--If the block of 
                information is declined or rescinded under this 
paragraph, the affected consumer shall be notified promptly, in the 
same manner as consumers are notified of the reinsertion of information 
under subsection (a)(5)(B).
                    ``(C) Significance of block.--For purposes of this 
                paragraph, if a consumer reporting agency rescinds a 
                block, the presence of information in the file of a 
                consumer prior to the blocking of such information is 
                not evidence of whether the consumer knew or should 
                have known that the consumer obtained possession of any 
                goods, services, or monies as a result of the block.
            ``(4) Exceptions.--
                    ``(A) Negative information data.--A consumer 
                reporting agency shall not be required to comply with 
                this subsection when such agency is issuing information 
                for authorizations, for the purpose of approving or 
                processing negotiable instruments, electronic funds 
                transfers, or similar methods of payment, based solely 
                on negative information, including--
                            ``(i) dishonored checks;
                            ``(ii) accounts closed for cause;
                            ``(iii) substantial overdrafts;
                            ``(iv) abuse of automated teller machines; 
                        or
                            ``(v) other information which indicates a 
                        risk of fraud occurring.
                    ``(B) Resellers.--
                            ``(i) No reseller file.--The provisions of 
                        this subsection do not apply to a consumer 
                        reporting agency if the consumer reporting 
                        agency--
                                    ``(I) does not maintain a file on 
                                the consumer from which consumer 
                                reports are produced;
                                    ``(II) is not, at the time of the 
                                request of the consumer under paragraph 
                                (1), otherwise furnishing or reselling 
                                a consumer report concerning the 
                                information identified by the consumer; 
                                and
                                    ``(III) informs the consumer, by 
                                any means, that the consumer may report 
                                the identity theft to the Federal Trade 
                                Commission to obtain consumer 
                                information regarding identity theft.
                            ``(ii) Reseller with file.--The sole 
                        obligation of the consumer reporting agency 
                        under this subsection, with regard to any 
                        request of a consumer under this subsection, 
                        shall be to block the consumer report 
                        maintained by the consumer reporting agency 
                        from any subsequent use if--
                                    ``(I) the consumer, in accordance 
                                with the provisions of paragraph (1), 
                                identifies, to a consumer reporting 
                                agency, information in the file of the 
                                consumer that resulted from identity 
                                theft;
                                    ``(II) the consumer reporting 
                                agency is acting as a reseller of the 
                                identified information by assembling or 
                                merging information about that consumer 
                                which is contained in the database of 
                                not less than 1 other consumer 
                                reporting agency; and
                                    ``(III) the consumer reporting 
                                agency does not store or maintain a 
                                database of information obtained for 
                                resale from which new consumer reports 
                                are produced.
                            ``(iii) Notice.--In carrying out its 
                        obligation under clause (ii), the consumer 
                        reporting agency shall provide a notice to the 
                        consumer of the decision to block the file. 
                        Such notice shall contain the name, address, 
                        and telephone number of each consumer reporting 
                        agency from which the consumer information was 
                        obtained for resale.''.
    (b) False Claims.--Section 1028 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(j) Any person who knowingly falsely claims to be a victim of 
identity theft for the purpose of obtaining the blocking of information 
by a consumer reporting agency under section 611(e)(1) of the Fair 
Credit Reporting Act (15 U.S.C. 1681i(e)(1)) shall be fined under this 
title, imprisoned not more than 3 years, or both.''.
    (c) Statute of Limitations.--Section 618 of the Fair Credit 
Reporting Act (15 U.S.C. 1681p) is amended to read as follows:

``SEC. 618. JURISDICTION OF COURTS; LIMITATION ON ACTIONS.

    ``(a) In General.--Except as provided in subsections (b) and (c), 
an action to enforce any liability created under this title may be 
brought in any appropriate United States district court without regard 
to the amount in controversy, or in any other court of competent 
jurisdiction, not later than 2 years from the date of the defendant's 
violation of any requirement under this title.
    ``(b) Willful Misrepresentation.--In any case in which the 
defendant has materially and willfully misrepresented any information 
required to be disclosed to an individual under this title, and the 
information misrepresented is material to the establishment of the 
liability of the defendant to that individual under this title, an 
action to enforce a liability created under this title may be brought 
at any time within 2 years after the date of discovery by the 
individual of the misrepresentation.
    ``(c) Identity Theft.--An action to enforce a liability created 
under this title may be brought not later than 4 years from the date of 
the defendant's violation if--
            ``(1) the plaintiff is the victim of an identity theft; or
            ``(2) the plaintiff--
                    ``(A) has reasonable grounds to believe that the 
                plaintiff is the victim of an identity theft; and
                    ``(B) has not materially and willfully 
                misrepresented such a claim.''.

SEC. 5. COORDINATING COMMITTEE STUDY OF COORDINATION BETWEEN FEDERAL, 
              STATE, AND LOCAL AUTHORITIES IN ENFORCING IDENTITY THEFT 
              LAWS.

    (a) Membership; Term.--Section 2 of the Internet False 
Identification Prevention Act of 2000 (18 U.S.C. 1028 note) is 
amended--
            (1) in subsection (b), by striking ``and the Commissioner 
        of Immigration and Naturalization'' and inserting ``the 
        Commissioner of Immigration and Naturalization, the Chairman of 
        the Federal Trade Commission, the Postmaster General, and the 
        Commissioner of the United States Customs Service,''; and
            (2) in subsection (c), by striking ``2 years after the 
        effective date of this Act.'' and inserting ``on December 28, 
        2005.''.
    (b) Consultation.--Section 2 of the Internet False Identification 
Prevention Act of 2000 (18 U.S.C. 1028 note) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Consultation.--In discharging its duties, the coordinating 
committee shall consult with interested parties, including State and 
local law enforcement agencies, State attorneys general, 
representatives of business entities (as that term is defined in 
section 4 of the Identity Theft Victims Assistance Act of 2003), 
including telecommunications and utility companies, and organizations 
representing consumers.''.
    (c) Report Distribution and Contents.--Section 2(e) of the Internet 
False Identification Prevention Act of 2000 (18 U.S.C. 1028 note) (as 
redesignated by subsection (b)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--The Attorney General and the Secretary 
        of the Treasury, at the end of each year of the existence of 
        the coordinating committee, shall report on the activities of 
        the coordinating committee to--
                    ``(A) the Committee on the Judiciary of the Senate;
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives;
                    ``(C) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    ``(D) the Committee on Financial Services of the 
                House of Representatives.'';
            (2) in subparagraph (E), by striking ``and'' at the end; 
        and
            (3) by striking subparagraph (F) and inserting the 
        following:
                    ``(F) a comprehensive description of Federal 
                assistance provided to State and local law enforcement 
                agencies to address identity theft;
                    ``(G) a comprehensive description of coordination 
                activities between Federal, State, and local law 
                enforcement agencies that address identity theft; and
                    ``(H) recommendations in the discretion of the 
                President, if any, for legislative or administrative 
                changes that would--
                            ``(i) facilitate more effective 
                        investigation and prosecution of cases 
                        involving--
                                    ``(I) identity theft; and
                                    ``(II) the creation and 
                                distribution of false identification 
                                documents;
                            ``(ii) improve the effectiveness of Federal 
                        assistance to State and local law enforcement 
                        agencies and coordination between Federal, 
                        State, and local law enforcement agencies; and
                            ``(iii) simplify efforts by a person 
                        necessary to rectify the harm that results from 
                        the theft of the identity of such person.''.
                                 <all>