[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[Senate]
[Pages S11426-S11427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                    MARRIAGE TAX RELIEF ACT OF 2000

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                FEINGOLD (AND OTHERS) AMENDMENT NO. 4354

  Mr. GRASSLEY (for Mr. Feingold (for himself, Mr. Abraham, and Mr. 
Levin)) proposed an amendment to the bill (S. 2346) to amend the 
Internal Revenue Code of 1986 to reduce the marriage penalty by 
providing for adjustments to the standard deduction, 15-percent and 28-
percent rate brackets, and earned income credit, and for other 
purposes: as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. STATE AND LOCAL ENFORCEMENT OF FEDERAL 
                   COMMUNICATIONS COMMISSION REGULATIONS ON USE OF 
                   CITIZENS BAND RADIO EQUIPMENT.

       Section 302 of the Communications Act of 1934 (47 U.S.C. 
     302a) is amended by adding at the end the following:
       ``(f)(1) Except as provided in paragraph (2), a State or 
     local government may enact a statute or ordinance that 
     prohibits a violation of the following regulations of the 
     Commission under this section:
       ``(A) A regulation that prohibits a use of citizens band 
     radio equipment not authorized by the Commission.
       ``(B) A regulation that prohibits the unauthorized 
     operation of citizens band radio equipment on a frequency 
     between 24 MHz and 35 MHz.
       ``(2) A station that is licensed by the Commission pursuant 
     to section 301 in any radio service for the operation at 
     issue shall not be subject to action by a State or local 
     government under this subsection. A State or local government 
     statute or ordinance enacted for purposes of this subsection 
     shall identify the exemption available under this paragraph.
       ``(3) The Commission shall, to the extent practicable, 
     provide technical guidance to State and local governments 
     regarding the detection and determination of violations of 
     the regulations specified in paragraph (1).
       ``(4)(A) In addition to any other remedy authorized by law, 
     a person affected by the decision of a State or local 
     government agency enforcing a statute or ordinance under 
     paragraph (1) may submit to the Commission an appeal of the 
     decision on the grounds that the State or local government, 
     as the case may be, enacted a statute or ordinance outside 
     the authority provided in this subsection.
       ``(B) A person shall submit an appeal on a decision of a 
     State or local government agency to the Commission under this 
     paragraph, if at all, not later than 30 days after the date 
     on which the decision by the State or local government agency 
     becomes final, but prior to seeking judicial review of such 
     decision.
       ``(C) The Commission shall make a determination on an 
     appeal submitted under subparagraph (B) not later than 180 
     days after its submittal.
       ``(D) If the Commission determines under subparagraph (C) 
     that a State or local government agency has acted outside its 
     authority in enforcing a statute or ordinance, the Commission 
     shall preempt the decision enforcing the statute or 
     ordinance.
       ``(5) The enforcement of statute or ordinance that 
     prohibits a violation of a regulation by a State or local 
     government under paragraph (1) in a particular case shall not 
     preclude the Commission from enforcing the regulation in that 
     case concurrently.
       ``(6) Nothing in this subsection shall be construed to 
     diminish or otherwise affect the jurisdiction of the 
     Commission under this section over devices capable of 
     interfering with radio communications.
       ``(7) The enforcement of a statute or ordinance by a State 
     or local government under paragraph (1) with regard to 
     citizens band radio equipment on board a `commercial motor 
     vehicle', as defined in section 31101 of title 49, United 
     States Code, shall require probable cause to find that the 
     commercial motor vehicle or the individual operating the 
     vehicle is in violation of the regulations described in 
     paragraph (1).''.
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          INTERNET FALSE IDENTIFICATION PREVENTION ACT OF 2000

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               COLLINS (AND FEINSTEIN) AMENDMENT NO. 4355

  Mr. GRASSLEY (for Ms. Collins (for herself and Mrs. Feinstein)) 
proposed an amendment to the bill (S. 2924) to strengthen the 
enforcement of Federal statutes relating to false identification and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page S11427]]

     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.

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