[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Reported in Senate (RS)]






                                                       Calendar No. 460
105th CONGRESS
  2d Session
                                 S. 512

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 1997

   Mr. Kyl (for himself, Mr. Faircloth, Mr. Harkin, Mr. Warner, Mr. 
Murkowski, and Mr. Robb) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

                              July 9, 1998

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Identity Theft and 
Assumption Deterrence Act of 1997''.</DELETED>

<DELETED>SEC. 2. IDENTITY FRAUD.</DELETED>

<DELETED>    (a) Establishment of Offense.--</DELETED>
        <DELETED>    (1) In general.--Chapter 47 of title 18, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>``Sec. 1036. Identity fraud</DELETED>
<DELETED>    ``(a) Prohibition.--Whoever in interstate or foreign 
commerce--</DELETED>
        <DELETED>    ``(1) knowingly and with intent to deceive or 
        defraud, obtains, possesses, transfers, uses, or attempts to 
        obtain, transfer, or use, one or more means of identification 
        other than that issued lawfully for the use of the 
        possessor;</DELETED>
        <DELETED>    ``(2) attempts to commit an offense under 
        paragraph (1); or</DELETED>
        <DELETED>    ``(3) is a party to a conspiracy of two or more 
        persons to commit an offense under paragraph (1),</DELETED>
<DELETED>shall be punished as provided in subsection (b).</DELETED>
<DELETED>    ``(b) Punishment.--</DELETED>
        <DELETED>    ``(1) In general.--Whoever violates subsection (a) 
        shall be fined under this title, imprisoned not more than 15 
        years, or both.</DELETED>
        <DELETED>    ``(2) Restitution.--In sentencing a defendant 
        convicted of an offense under this section, the court may order 
        that the defendant make restitution in accordance with section 
        3663.</DELETED>
<DELETED>    ``(c) Investigation Authority.--In addition to any other 
agency having such authority, the United States Secret Service of the 
Department of the Treasury may investigate any offense under this 
section.</DELETED>
<DELETED>    ``(d) Definition.--In this section, 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--</DELETED>
        <DELETED>    ``(1) personal identification card (as that term 
        is defined in section 1028); or</DELETED>
        <DELETED>    ``(2) access device, counterfeit access device, or 
        unauthorized access device (as those terms are defined in 
        section 1029).''.</DELETED>
        <DELETED>    (2) Sentencing enhancement.--Pursuant to its 
        authority under section 994(p) of title 28, United States Code, 
        the United States Sentencing Commission shall amend the Federal 
        sentencing guidelines to provide for sentencing enhancements 
        under chapter 2 of the Federal sentencing guidelines for a 
        defendant who is convicted of an offense under section 1036 of 
        title 18, United States Code, in connection with an offense 
        under section 513, 514, 1028, or 1029 of title 18, United 
        States Code, as follows:</DELETED>
                <DELETED>    (A) A sentencing enhancement of 1 level, 
                if the offense involves not more than 1 
                victim.</DELETED>
                <DELETED>    (B) A sentencing enhancement of 2 levels, 
                if the offense involves not less than 2 and not more 
                than 4 victims.</DELETED>
                <DELETED>    (C) A sentencing enhancement of 3 levels, 
                if the offense involves 5 or more victims.</DELETED>
        <DELETED>    (3) Clerical amendment.--The chapter analysis for 
        chapter 47 of title 18, United States Code, is amended by 
        adding at the end the following:</DELETED>

<DELETED>``1036. Identity fraud.''.
<DELETED>    (b) Forfeiture of Contraband.--Section 80302(a) of title 
49, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (6), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(7) an identification document, false 
        identification document, or a document-making implement (as 
        those terms are defined in section 1029 of title 18) involved 
        in a violation of section 1029 of title 18;</DELETED>
        <DELETED>    ``(8) a counterfeit access device, device-making 
        equipment, or scanning receiver (as those terms are defined in 
        section 1029 of title 18); or</DELETED>
        <DELETED>    ``(9) a means of identification (as that term is 
        defined in section 1036 of title 18) involved in a violation of 
        section 1036 of title 18.''.</DELETED>
<DELETED>    (c) Restitution.--Section 3663 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(e) Identity Fraud.--</DELETED>
        <DELETED>    ``(1) In general.--In sentencing a defendant 
        convicted of an offense under section 1028, 1029, or 1036, the 
        court may order, in addition to or in lieu of any other penalty 
        authorized by law, that the defendant make restitution to any 
        victim of the offense.</DELETED>
        <DELETED>    ``(2) Costs included.--Making restitution to a 
        victim under this subsection may include payment for any costs, 
        including attorney fees, incurred by the victim--</DELETED>
                <DELETED>    ``(A) in clearing the credit history or 
                credit rating of the victim; or</DELETED>
                <DELETED>    ``(B) 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.''.</DELETED>
<DELETED>    (d) Identity Fraud Information and Study.--</DELETED>
        <DELETED>    (1) Definitions.--In this subsection--</DELETED>
                <DELETED>    (A) the term ``financial institution'' has 
                the same meaning as in section 20 of title 18, United 
                States Code; and</DELETED>
                <DELETED>    (B) the term ``identity fraud'' means an 
                offense described in section 1036 of title 18, United 
                States Code (as added by subsection (a) of this 
                section).</DELETED>
        <DELETED>    (2) Identity fraud information.--Beginning not 
        later than 60 days after the date of enactment of this Act, the 
        United States Secret Service of the Department of the Treasury 
        shall collect and maintain information and statistical data 
        relating to--</DELETED>
                <DELETED>    (A) the number of identity fraud offenses 
                investigated;</DELETED>
                <DELETED>    (B) the number of prosecutions and 
                convictions for identity fraud;</DELETED>
                <DELETED>    (C) any information provided to the United 
                States Secret Service by State and local law 
                enforcement agencies relating to the investigation of 
                identity fraud; and</DELETED>
                <DELETED>    (D) any information provided to the United 
                States Secret Service by financial institutions 
                relating to the financial consequences of identity 
                fraud.</DELETED>
        <DELETED>    (3) Identity fraud study.--Not later than 18 
        months after the date of enactment of this Act, the Secretary 
        of the Treasury and the Chairman of the Federal Trade 
        Commission, shall--</DELETED>
                <DELETED>    (A) conduct a comprehensive study of--
                </DELETED>
                        <DELETED>    (i) the nature, extent, and causes 
                        of identity fraud; and</DELETED>
                        <DELETED>    (ii) the threat posed by identity 
                        fraud to--</DELETED>
                                <DELETED>    (I) financial institutions 
                                and payment systems; and</DELETED>
                                <DELETED>    (II) consumer safety and 
                                privacy; and</DELETED>
                <DELETED>    (B) based on the results of that study, 
                submit to Congress specific recommendations for 
                legislation to address the problem of identity 
                fraud.</DELETED>

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 possesses, 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, possession, 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), by striking ``or transfer of an 
        identification document or'' and inserting ``possession, 
        transfer, or use of a means of identification, an 
        identification document, or a'';
            (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) Rule of Construction.--Section 1028 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(g) 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),''.
                                     





                                                       Calendar No. 460

105th CONGRESS

  2d Session

                                 S. 512

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              July 9, 1998

                       Reported with an amendment