[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4151 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4151

   To amend chapter 47 of title 18, United States Code, relating to 
                identity fraud, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

 Mr. Shadegg (for himself, Mr. Clement, Ms. DeLauro, Mr. Sanders, Mr. 
   Hostettler, Mr. Hoekstra, Mr. Solomon, Mr. Coburn, Mr. Blunt, Ms. 
Kilpatrick, Mr. Pascrell, Mr. Wynn, Ms. Hooley of Oregon, Mr. Sandlin, 
  Mr. Souder, Mr. Filner, Mr. Hinchey, Mr. Manton, Mr. Gutierrez, Ms. 
Sanchez, Ms. Pelosi, Mrs. Thurman, Mr. Pitts, Ms. Stabenow, Mr. Stump, 
Mr. Allen, Mr. Engel, Mr. Vento, Mr. Kleczka, Mr. Salmon, Mr. Hayworth, 
   Mr. McIntosh, Mr. Sessions, Ms. Dunn, Mr. Bass, and Mr. Largent) 
 introduced the following bill; which was referred to the Committee on 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   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, 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; and
            (3) by inserting after paragraph (6) the following:
            ``(7) knowingly and unlawfully--
                    ``(A) obtains, possesses, or transfers 5 or more 
                means of identification; or
                    ``(B) uses 1 or more means of identification;''.
    (b) Penalties.--Section 1028(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``an identification document or'' and 
                        inserting ``a means of identification, an 
                        identification document, or a''; and
                            (ii) in clause (i), by inserting ``a means 
                        of identification or'' before ``identification 
                        document'';
                    (B) in subparagraph (B), by striking 
                ``identification documents'' and inserting ``means of 
                identification, identification documents,''; and
                    (C) in subparagraph (C), by inserting ``or (7)(B)'' 
                after ``paragraph (5)'';
            (2) in paragraph (2)(A), by striking ``an identification 
        document or'' and inserting ``a means of identification, an 
        identification document, or a''; and
            (3) by striking paragraphs (3) and (4) and inserting the 
        following:
            ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both--
                    ``(A) if the offense is committed to facilitate a 
                drug trafficking crime (as defined in section 929(a)(2) 
                of this title);
                    ``(B) if the offense involves the abuse of a 
                position of public or private trust, in a manner that 
                significantly facilitated the commission or concealment 
                of the offense;
                    ``(C) if the offense is committed in connection 
                with an offense under section 513 (relating to 
                counterfeit or forged securities of the States and 
                private entities), 514 (relating to fictitious 
                obligations), 1029 (relating to fraud and related 
                activity in connection with access devices), 1030 
                (relating to fraud and related activity in connection 
                with computers), 1341 (relating to mail frauds and 
                swindles), 1342 (relating to the use of a fictitious 
                name or address), 1343 (relating to fraud by wire, 
                radio, or television), 1344 (relating to bank fraud), 
                or 1708 (relating to theft or receipt of stolen mail 
                matter) of this title, or any other provision of 
                Federal law relating to fraud or mail fraud, as 
                determined by the Attorney General; or
                    ``(D) in the case of a second or subsequent 
                conviction of an offense under this section;
            ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense--
                    ``(A) is committed to facilitate an act of 
                international terrorism (as defined in section 2331(1) 
                of this title); or
                    ``(B) is committed in connection with a crime of 
                violence (as defined in section 16); 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, obtaining, 
                possession, or use prohibited by this section is in or 
                affects interstate or foreign commerce or involves the 
                use of a communication facility; 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.--Section 1028 of title 18, United States Code, is 
amended by striking subsection (d) and inserting the following:
    ``(d) Definitions.--In this section:
            ``(1) Communication facility.--The term `communication 
        facility' has the meaning given the term in section 403(b) of 
        the Controlled Substances Act (21 U.S.C. 843(b)).
            ``(2) Document-making implement.--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.
            ``(3) Identification document.--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.
            ``(4) Means of identification.--The term `means of 
        identification' means any name or number that may be used, 
        alone or in conjunction with any other information, to assume 
        the identity of an 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;
                    ``(D) telecommunication identifying information or 
                access device (as defined in section 1029(e)); or
                    ``(E) other means of identification not issued 
                lawfully to the user.
            ``(5) Personal identification card.--The term `personal 
        identification card' means an identification document issued by 
        a State or local government solely for the purpose of 
        identification.
            ``(6) Produce.--The term `produce' includes alter, 
        authenticate, or assemble.
            ``(7) Second or subsequent conviction.--The term `second or 
        subsequent conviction' includes the finding of guilty by a 
        judge or jury that necessarily precedes the entry of a final 
        judgment of conviction.
            ``(8) State.--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.
            ``(9) Victim.--The term `victim' means any identifiable 
        individual whose means of identification has been assumed, 
        stolen, or otherwise unlawfully acquired.''.
    (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) Conforming Amendments.--Chapter 47 of title 18, United States 
Code, is amended--
            (1) in section 1028, by striking ``or attempts to do so,'';
            (2) in the heading for section 1028, by adding ``and 
        information'' at the end; and
            (3) in the analysis for the chapter, in the item relating 
        to section 1028, by adding ``and information'' at the end.

SEC. 4. RESTITUTION.

    Section 3663A of title 18, United States Code, is amended--
            (1) in subsection (c)(1)(A)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking ``and'' at the end 
                and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(iv) an offense described in section 1028 
                (relating to fraud and related activity in connection 
                with means of identification or identification 
                documents); and''; and
            (2) by adding at the end the following:
    ``(e) Fraud and Related Activity in Connection With Identification 
Documents and Information.--Making restitution to a victim under this 
section for an offense described in section 1028 (relating to fraud and 
related activity in connection with means of identification or 
identification documents) may include payment for any costs, including 
attorney fees, incurred by the victim, including any costs incurred--
            ``(1) in clearing the credit history or credit rating of 
        the victim; or
            ``(2) in connection with any civil or administrative 
        proceeding to satisfy any debt, lien, or other obligation of 
        the victim arising as a result of the actions of the 
        defendant.''.

SEC. 5. 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 1028(d) of title 18, United States Code, as amended 
        by this Act) 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 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. 6. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF IDENTITY THEFT.

    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.
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