S.Amdt. 3996

SA 3996. Mr. NELSON of Florida (for himself and Ms. Snowe) submitted
an amendment intended to be proposed to amendment SA 3983 proposed by
Mr. Reid to the bill H.R. 5140, to provide economic stimulus through
recovery rebates to individuals, incentives for business investment,
and an increase in conforming and FHA loan limits; which was ordered to
lie on the table; as follows:

On page 49, after line 19, add the following:

Subtitle E--Other Provisions

SEC. 132. REFUND CHECK INTEGRITY PROTECTION.

(a) Definitions.--In this section:
(1) Domain name.--The term ``domain name'' means any
alphanumeric designation that is registered with or assigned
by any domain name registrar, domain name registry, or other
domain name registration authority

[[Page S746]]

as part of an electronic address on the Internet.
(2) Electronic mail address.--The term ``electronic mail
address'' means a destination, commonly expressed as a string
of characters, consisting of a unique user name or mailbox
(commonly referred to as the ``local part'') and a reference
to an Internet domain (commonly referred to as the ``domain
part''), whether or not displayed, to which an electronic
mail message can be sent or delivered.
(3) Electronic mail message.--The term ``electronic mail
message'' means a message sent to a unique electronic mail
address.
(4) Identifying information.--The term ``identifying
information'', with respect to an individual, means any of
the following:
(A) The last name of the individual combined with the first
initial or first name of the individual.
(B) The home address of the individual.
(C) The telephone number of the individual.
(D) The social security number of the individual.
(E) The taxpayer identification number of the individual.
(F) The employer identification number that is the same as
or is derived from the social security number of the
individual.
(G) A financial account number, credit card number, or
debit card number of the individual that is combined with any
required security code, access code, or password that would
permit access to a financial account of such individual.
(H) The driver's license identification number or State
resident identification number of the individual.
(I) Such other information that is sufficient to identify
the individual by name.
(5) Internet.--The term ``Internet'' means the
international computer network of both Federal and non-
Federal interoperable packet switched data networks.
(6) Web page.--The term ``web page'' means a location, with
respect to the World Wide Web, that has a single Uniform
Resource Locator or another single location with respect to
the Internet, as the Federal Trade Commission may prescribe.
(b) Use of Deceptive or Misleading Web Pages, Domain Names,
and Electronic Mail Messages Referring to the Internal
Revenue Service.--It shall be unlawful for any person, by
means of a web page, domain name, electronic mail message, or
otherwise through the use of the Internet, to solicit,
request, or take any action, to induce an individual to
provide identifying information by representing itself to be
the Internal Revenue Service, or another governmental office
administering any refund of Federal taxes, without the
authority or approval of the Commissioner of Internal
Revenue, if--
(1) the representing person does not have the express
authority or approval of the Commissioner of Internal Revenue
or other governmental office to represent itself as the
Internal Revenue Service, or another governmental office
administering any refund of Federal taxes; and
(2) the representing person has actual knowledge, or
knowledge fairly implied on the basis of objective
circumstances, that such web page, domain name, electronic
mail message, or other means would be likely to mislead an
individual, acting reasonably under the circumstances, about
a material fact regarding the contents of such electronic
mail message, instant message, web page, or advertisement
(consistent with the criteria used in the enforcement of
section 5 of the Federal Trade Commission Act (15 U.S.C.
45)).
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of a
prohibition described in subsection (b) shall be treated as a
violation of a rule defining an unfair or deceptive act or
practice described under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Actions by the federal trade commission.--The Federal
Trade Commission shall enforce the provisions of paragraph
(1) and subsection (b) in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made part of this section.
(3) Availability of cease-and-desist orders and injunctive
relief without showing of knowledge.--In any proceeding or
action pursuant to paragraph (2) to enforce compliance
through an order to cease and desist or an injunction, the
Federal Trade Commission shall not be required to allege or
prove the state of mind required by subsection (b).
(d) Refund Check Protection Working Group.--
(1) Establishment.--Not later than 30 days after the date
of the enactment of this section, the Commissioner of
Internal Revenue shall establish a working group to be known
as the ``Refund Check Protection Working Group'' (hereafter
in this subsection referred to as the ``Working Group'').
(2) Membership.--
(A) Appointment and consultation.--Subject to subparagraph
(B), members of the Working group shall be appointed by the
Commissioner of Internal Revenue in consultation with the
head of each of the agencies described in such subparagraph.
(B) Composition.--The Working Group shall be composed of 5
members of whom--
(i) 1 shall be a representative of the Internal Revenue
Service;
(ii) 1 shall be a representative of the Federal Trade
Commission;
(iii) 1 shall be a representative of the Department of
Justice;
(iv) 1 shall be a representative of the Federal Bureau of
Investigation; and
(v) 1 shall be a representative of the Secret Service.
(C) Chair.--The Working Group shall select a chair from
among its members.
(3) Duties.--
(A) Best practices.--The Working Group shall collect,
review, disseminate, and advise on best practices and any
additional governmental efforts required to protect the
integrity of the distribution of refunds for Federal taxes.
(B) Monthly report.--Not later than 3 months after the date
on which the Working Group is established, and every month
thereafter, the Working Group shall submit to Congress a
report on its findings with respect to its activities under
subparagraph (A).
(4) Termination.--This Working Group shall terminate 180
days after the date of the enactment of this section.
(e) Effect on Federal Trade Commission Act.--Nothing in
this section may be construed to reduce the authority of the
Federal Trade Commission to bring enforcement actions under
the Federal Trade Commission Act for materially false or
deceptive representations or unfair practices on the
Internet.
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