[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4151 Enrolled Bill (ENR)]

        H.R.4151

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
    To amend chapter 47 of title 18, United States Code, relating to 
                 identity fraud, 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 and Assumption 
Deterrence Act of 1998''.

SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION.

    The constitutional authority upon which this Act rests is the power 
of Congress to regulate commerce with foreign nations and among the 
several States, and the authority to make all laws which shall be 
necessary and proper for carrying into execution the powers vested by 
the Constitution in the Government of the United States or in any 
department or officer thereof, as set forth in article I, section 8 of 
the United States Constitution.

SEC. 3. IDENTITY THEFT.

    (a) Establishment of Offense.--Section 1028(a) of title 18, United 
States Code, is amended--
        (1) in paragraph (5), by striking ``or'' at the end;
        (2) in paragraph (6), by adding ``or'' at the end;
        (3) in the flush matter following paragraph (6), by striking 
    ``or attempts to do so,''; and
        (4) by inserting after paragraph (6) the following:
        ``(7) knowingly transfers or uses, without lawful authority, a 
    means of identification of another person with the intent to 
    commit, or to aid or abet, any unlawful activity that constitutes a 
    violation of Federal law, or that constitutes a felony under any 
    applicable State or local law;''.
    (b) Penalties.--Section 1028(b) of title 18, United States Code, is 
amended--
        (1) in paragraph (1)--
            (A) in subparagraph (B), by striking ``or'' at the end;
            (B) in subparagraph (C), by adding ``or'' at the end; and
            (C) by adding at the end the following:
            ``(D) an offense under paragraph (7) of such subsection 
        that involves the transfer or use of 1 or more means of 
        identification if, as a result of the offense, any individual 
        committing the offense obtains anything of value aggregating 
        $1,000 or more during any 1-year period;'';
        (2) in paragraph (2)--
            (A) in subparagraph (A), by striking ``or transfer of an 
        identification document or'' and inserting ``, transfer, or use 
        of a means of identification, an identification document, or 
        a''; and
            (B) in subparagraph (B), by inserting ``or (7)'' after 
        ``(3)'';
        (3) by amending paragraph (3) to read as follows:
        ``(3) a fine under this title or imprisonment for not more than 
    20 years, or both, if the offense is committed--
            ``(A) to facilitate a drug trafficking crime (as defined in 
        section 929(a)(2));
            ``(B) in connection with a crime of violence (as defined in 
        section 924(c)(3)); or
            ``(C) after a prior conviction under this section becomes 
        final;'';
        (4) in paragraph (4), by striking ``and'' at the end;
        (5) by redesignating paragraph (5) as paragraph (6); and
        (6) by inserting after paragraph (4) the following:
        ``(5) in the case of any offense under subsection (a), 
    forfeiture to the United States of any personal property used or 
    intended to be used to commit the offense; and''.
    (c) Circumstances.--Section 1028(c) of title 18, United States 
Code, is amended by striking paragraph (3) and inserting the following:
        ``(3) either--
            ``(A) the production, transfer, possession, or use 
        prohibited by this section is in or affects interstate or 
        foreign commerce; or
            ``(B) the means of identification, identification document, 
        false identification document, or document-making implement is 
        transported in the mail in the course of the production, 
        transfer, possession, or use prohibited by this section.''.
    (d) Definitions.--Subsection (d) of section 1028 of title 18, 
United States Code, is amended to read as follows:
    ``(d) In this section--
        ``(1) the term `document-making implement' means any implement, 
    impression, electronic device, or computer hardware or software, 
    that is specifically configured or primarily used for making an 
    identification document, a false identification document, or 
    another document-making implement;
        ``(2) the term `identification document' means a document made 
    or 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 which, when completed with information concerning a 
    particular individual, is of a type intended or commonly accepted 
    for the purpose of identification of individuals;
        ``(3) the term `means of identification' means any name or 
    number that may be used, alone or in conjunction with any other 
    information, to identify a specific individual, including any--
            ``(A) name, social security number, date of birth, official 
        State or government issued driver's license or identification 
        number, alien registration number, government passport number, 
        employer or taxpayer identification number;
            ``(B) unique biometric data, such as fingerprint, voice 
        print, retina or iris image, or other unique physical 
        representation;
            ``(C) unique electronic identification number, address, or 
        routing code; or
            ``(D) telecommunication identifying information or access 
        device (as defined in section 1029(e));
        ``(4) the term `personal identification card' means an 
    identification document issued by a State or local government 
    solely for the purpose of identification;
        ``(5) the term `produce' includes alter, authenticate, or 
    assemble; and
        ``(6) the term `State' includes any State of the United States, 
    the District of Columbia, the Commonwealth of Puerto Rico, and any 
    other commonwealth, possession, or territory of the United 
    States.''.
    (e) Attempt and Conspiracy.--Section 1028 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(f) Attempt and Conspiracy.--Any person who attempts or conspires 
to commit any offense under this section shall be subject to the same 
penalties as those prescribed for the offense, the commission of which 
was the object of the attempt or conspiracy.''.
    (f) Forfeiture Procedures.--Section 1028 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(g) Forfeiture Procedures.--The forfeiture of property under this 
section, including any seizure and disposition of the property and any 
related judicial or administrative proceeding, shall be governed by the 
provisions of section 413 (other than subsection (d) of that section) 
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853).''.
    (g) Rule of Construction.--Section 1028 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(h) Rule of Construction.--For purpose of subsection (a)(7), a 
single identification document or false identification document that 
contains 1 or more means of identification shall be construed to be 1 
means of identification.''.
    (h) Conforming Amendments.--Chapter 47 of title 18, United States 
Code, is amended--
        (1) in the heading for section 1028, by adding ``and 
    information'' at the end; and
        (2) in the table of sections at the beginning of the chapter, 
    in the item relating to section 1028, by adding ``and information'' 
    at the end.

SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER 
              SECTION 1028.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines and the policy 
statements of the Commission, as appropriate, to provide an appropriate 
penalty for each offense under section 1028 of title 18, United States 
Code, as amended by this Act.
    (b) Factors for Consideration.--In carrying out subsection (a), the 
United States Sentencing Commission shall consider, with respect to 
each offense described in subsection (a)--
        (1) the extent to which the number of victims (as defined in 
    section 3663A(a) of title 18, United States Code) involved in the 
    offense, including harm to reputation, inconvenience, and other 
    difficulties resulting from the offense, is an adequate measure for 
    establishing penalties under the Federal sentencing guidelines;
        (2) the number of means of identification, identification 
    documents, or false identification documents (as those terms are 
    defined in section 1028(d) of title 18, United States Code, as 
    amended by this Act) involved in the offense, is an adequate 
    measure for establishing penalties under the Federal sentencing 
    guidelines;
        (3) the extent to which the value of the loss to any individual 
    caused by the offense is an adequate measure for establishing 
    penalties under the Federal sentencing guidelines;
        (4) the range of conduct covered by the offense;
        (5) the extent to which sentencing enhancements within the 
    Federal sentencing guidelines and the court's authority to sentence 
    above the applicable guideline range are adequate to ensure 
    punishment at or near the maximum penalty for the most egregious 
    conduct covered by the offense;
        (6) the extent to which Federal sentencing guidelines sentences 
    for the offense have been constrained by statutory maximum 
    penalties;
        (7) the extent to which Federal sentencing guidelines for the 
    offense adequately achieve the purposes of sentencing set forth in 
    section 3553(a)(2) of title 18, United States Code; and
        (8) any other factor that the United States Sentencing 
    Commission considers to be appropriate.

SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF IDENTITY THEFT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Federal Trade Commission shall establish procedures 
to--
        (1) log and acknowledge the receipt of complaints by 
    individuals who certify that they have a reasonable belief that 1 
    or more of their means of identification (as defined in section 
    1028 of title 18, United States Code, as amended by this Act) have 
    been assumed, stolen, or otherwise unlawfully acquired in violation 
    of section 1028 of title 18, United States Code, as amended by this 
    Act;
        (2) provide informational materials to individuals described in 
    paragraph (1); and
        (3) refer complaints described in paragraph (1) to appropriate 
    entities, which may include referral to--
            (A) the 3 major national consumer reporting agencies; and
            (B) appropriate law enforcement agencies for potential law 
        enforcement action.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    (a) Technical Correction Relating to Criminal Forfeiture 
Procedures.--Section 982(b)(1) of title 18, United States Code, is 
amended to read as follows: ``(1) The forfeiture of property under this 
section, including any seizure and disposition of the property and any 
related judicial or administrative proceeding, shall be governed by the 
provisions of section 413 (other than subsection (d) of that section) 
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853).''.
    (b) Economic Espionage and Theft of Trade Secrets as Predicate 
Offenses for Wire Interception.--Section 2516(1)(a) of title 18, United 
States Code, is amended by inserting ``chapter 90 (relating to 
protection of trade secrets),'' after ``to espionage),''.

SEC. 7. REDACTION OF ETHICS REPORTS FILED BY JUDICIAL OFFICERS AND 
              EMPLOYEES.

    Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following new paragraph:
    ``(3)(A) This section does not require the immediate and 
unconditional availability of reports filed by an individual described 
in section 109(8) or 109(10) of this Act if a finding is made by the 
Judicial Conference, in consultation with United States Marshall 
Service, that revealing personal and sensitive information could 
endanger that individual.
    ``(B) A report may be redacted pursuant to this paragraph only--
        ``(i) to the extent necessary to protect the individual who 
    filed the report; and
        ``(ii) for as long as the danger to such individual exists.
    ``(C) The Administrative Office of the United States Courts shall 
submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate an annual report with respect to the 
operation of this paragraph including--
        ``(i) the total number of reports redacted pursuant to this 
    paragraph;
        ``(ii) the total number of individuals whose reports have been 
    redacted pursuant to this paragraph; and
        ``(iii) the types of threats against individuals whose reports 
    are redacted, if appropriate.
    ``(D) The Judicial Conference, in consultation with the Department 
of Justice, shall issue regulations setting forth the circumstances 
under which redaction is appropriate under this paragraph and the 
procedures for redaction.
    ``(E) This paragraph shall expire on December 31, 2001, and apply 
to filings through calendar year 2001.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.