[Congressional Record Volume 146, Number 155 (Friday, December 15, 2000)]
[House]
[Pages H12511-H12513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTERNET FALSE IDENTIFICATION PREVENTION ACT OF 2000
Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (S. 2924) to strengthen the enforcement
of Federal statutes relating to false identification, and for other
purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
Mr. SCOTT. Mr. Speaker, reserving the right to object, I yield to the
gentleman to explain the purpose of the bill and his proposed
amendment.
Mr. McCOLLUM. I thank the gentleman for yielding.
Mr. Speaker, S. 2924, the Internet False Identification Prevention
Act of 2000, which passed the other body by unanimous consent on
October 31, 2000, concerns something that is very important to us. Over
the last several years, Congress has become increasingly aware of the
problem of crime committed by persons who use the identity of others to
obtain goods and services. In fact, in 1998 Congress passed the
Identity Theft and Assumption Deterrence Act of 1998 to toughen our
laws against this type of crime.
S. 2924 recognizes that the crime of identity theft has entered the
Internet Age and it makes important improvements to our laws against
the distribution and use of false identification documents. Our current
laws have unfortunately done little to stop a growing Internet market
in every imaginable type of false identification. S. 2924 will put a
stop to this widespread distribution of false identification, which can
be used to commit identity theft, serious financial crimes, and to
facilitate the underage purchase of alcohol and tobacco. The new law
will make it clear that it is a crime to transfer false identification
documents by electronic means, and that those documents can be in the
form of computer files, disks or templates. S. 2924 will also close a
loophole in current law that permits manufacturers of false
identification documents to escape liability.
I am offering an amendment, in consultation with Senator Collins,
that addresses several concerns that were raised by the intellectual
property community after the bill passed the other body. The amendment
deletes the section of the bill that had caused those concerns.
Mr. Speaker, Congress must do all it can to fight the growing
incidence of identity thefts and the criminals who use the Internet to
make it easy to create false identification documents. S. 2924 will
make needed changes to current law. I urge my colleagues to support
this bill.
Mr. SCOTT. Mr. Speaker, reclaiming my time, based on the explanation
of the bill and the amendment, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The Clerk read the Senate bill, as follows:
S. 2924
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H12512]]
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.
Amendment in the Nature of a Substitute Offered by Mr. Mc Collum
Mr. McCOLLUM. Mr. Speaker, I offer an amendment in the nature of a
substitute.
The Clerk read as follows:
Amendment in the nature of a substitute offered by Mr.
McCollum:
Strike out all after the enacting clause and insert:
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 (as defined in section 1028(d)(3) of
title 18, United States Code, as added by section 3(2) of
this Act) is vigorously investigated and prosecuted.
(b) Membership.--The coordinating committee shall consist
of the Director of the United States Secret Service, the
Director of the Federal Bureau of Investigation, the Attorney
General, the Commissioner of Social Security, and the
Commissioner of Immigration and Naturalization, or their
respective designees.
(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 Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the 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;
(E) specification of the sentence imposed as a result of
each guilty plea and conviction; and
(F) recommendations, if any, for legislative changes that
could facilitate more effective investigation and prosecution
of the creation and distribution of false identification
documents.
SEC. 3. FALSE IDENTIFICATION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (c)(3)(A), by inserting ``, including the
transfer of a document by electronic means'' after
``commerce''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``template, computer
file, computer disc,'' after ``impression,'';
(B) in paragraph (5), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (6) as paragraph (8);
(D) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(E) by inserting after paragraph (2) the following:
``(3) the term `false identification document' means a
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, a political subdivision of
a State, a foreign government, a political subdivision of a
foreign government, or an international governmental or
quasi-governmental organization;''; and
(F) by inserting after paragraph (6), as redesignated, the
following:
``(7) the term `transfer' includes selecting an
identification document, false identification document, or
document-making implement and placing or directing the
placement of such identification document, false
identification document, or document-making implement on an
online location where it is available to others; and''.
[[Page H12513]]
SEC. 4. REPEAL.
Section 1738 of title 18, United States Code, and the item
relating to that section in the table of contents for chapter
83 of that title, are 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.
Mr. McCOLLUM (during the reading). Mr. Speaker, I ask unanimous
consent that the amendment in the nature of a substitute be considered
as read and printed in the RECORD.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The amendment in the nature of a substitute was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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