[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Referred in House (RFH)]
2d Session
S. 512
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 1998
Referred to the Committee on the Judiciary
_______________________________________________________________________
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. 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 otherwise promote, carry on, or facilitate
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 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, if the offense is committed--
``(A) to facilitate a drug trafficking crime (as
defined in section 929(a)(2)); or
``(B) after a prior conviction under this section
becomes final;
``(4) a fine under this title or imprisonment for not more
than 25 years, or both, if the offense is committed--
``(A) to facilitate an act of international
terrorism (as defined in section 2331(1)); or
``(B) in connection with a crime of violence (as
defined in section 924(c)(3));'';
(4) by redesignating paragraph (5) as paragraph (6); and
(5) by inserting after paragraph (4) (as added by paragraph
(3) of this subsection) 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.--Section 1028 of title 18, United States Code, is
amended by striking subsection (d) and inserting the following:
``(d) Definitions.--In this section:
``(1) 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.
``(2) 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.
``(3) 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 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) 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.
``(5) Produce.--The term `produce' includes alter,
authenticate, or assemble.
``(6) 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.''.
(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.''.
(g) 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. 3. 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. 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),''.
Passed the Senate July 30, 1998.
Attest:
GARY SISCO,
Secretary.