[Congressional Record (Bound Edition), Volume 146 (2000), Part 18]
[House]
[Pages 27092-27094]
[From the U.S. 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

[[Page 27093]]

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,

     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,'';

[[Page 27094]]

       (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''.

     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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