[Congressional Record Volume 144, Number 105 (Thursday, July 30, 1998)]
[Senate]
[Pages S9476-S9477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT OF 1998

                                 ______
                                 

                  KYL (AND OTHERS) AMENDMENT NO. 3480

  Mr. JEFFORDS (for Mr. Kyl for himself, Mr. Leahy, Mr. Hatch, Mrs. 
Feinstein, Mr. DeWine, Mr. D'Amato, Mr. Grassley, Mr. Abraham, Mr. 
Faircloth, Mr. Harkin, Mr. Warner, Mr. Murkowski, and Mr. Robb) 
proposed an amendment to the bill (S. 512) to amend chapter 47 of title 
18, United State Code, relating to fraud, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     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

[[Page S9477]]

     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 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),''.

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