[Senate Report 105-274]
[From the U.S. Government Publishing Office]
Calendar No. 460
105th Congress Report
SENATE
2d Session 105-274
_______________________________________________________________________
THE IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT
_______
July 29, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Hatch, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 512]
The Committee on the Judiciary, to which was referred the
bill (S. 512) to amend provisions of chapter 47 of title 18,
United States Code, relating to identity fraud, having
considered the same, reports favorably thereon, with an
amendment in the nature of a substitute, and recommends that
the bill, as amended, do pass.
CONTENTS
Page
Purpose of the legislation.......................................4
Legislative history of the bill..................................5
Background.......................................................6
Administration position..........................................8
Conclusion.......................................................9
Section-by-section analysis......................................9
Cost estimate...................................................13
Regulatory impact statement.....................................15
Additional views of Senator Leahy...............................16
Changes in existing law.........................................18
The amendment is 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 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 prescribedfor 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),''.
I. PURPOSE OF THE LEGISLATION
S. 512, as reported by the Committee, amends chapter 47 of
title 18 of the United States Code, relating to identity theft
and assumption. The bill has two primary purposes. First, to
extend 18 U.S.C. 1028, which criminalizes fraud in connection
with identification documents, to cover the unlawful transfer
and use of identity information. Second, to recognize the
individual victims of identity theft crimes, and establish
their right to restitution to include all costs related to
regaining good credit or reputation. The bill also establishes
a centralized complaint and education service at the Federal
Trade Commission.
II. LEGISLATIVE HISTORY OF THE BILL
Summary
On March 21, 1997, Senator Jon Kyl (R-Az) introduced S.
512, ``The Identity Theft and Assumption Deterrence Act''. S.
512 was referred to the Committee on the Judiciary. The bill
criminalized the theft of identity information and set out
restitution provisions for individual victims of identity
theft. S. 512 was referred to the Subcommittee on Technology,
Terrorism, and Government Information, of which Senator Kyl is
Chairman, on March 29, 1998, and on May 20, 1998, the
Subcommittee held a legislative hearing on the bill. On June
12, 1998, an amendment in the nature of a substitute of S. 512
was polled out of subcommittee with unanimous consent. Original
cosponsors to S. 512 were Senators Kyl, Leahy, Hatch,
Feinstein, DeWine, Faircloth, Harkin, D'Amato, Grassley and
Abraham. The amended substitute was reported out of the full
committee by unanimous consent on July 9, 1998.
Amendment of Title 18, United States Code, Section 1028
One of the key decisions of the Committee was to write S.
512 to amend current criminal code (18 U.S.C. 1028), rather
than creating a new section 1036 in the criminal code as
proposed in S. 512 as introduced. The reasoning was as follows:
this bill makes fraud in connection with identification
information a crime. Under 18 U.S.C. 1028, only fraud in
connection with identification documents is a crime. According
to the 1982 House report accompanying the creation of section
1028, a major purpose of this section is to criminalize
offenses involving Federal identification documents used ``to
support the creation of a new identity''. (House Conference
Report No. 97-975, Dec. 17, 1982). Such offenses were found by
an Attorney General report to facilitate drug trafficking,
alien smuggling, credit card fraud, and unlawful flight from
prosecution. (House Conference Report No. 97-975, Dec. 17,
1982). Today, criminals do not necessarily need a document to
assume an identity; often they just need the information itself
to facilitate these types of crimes. By amending section 1028,
this statute can keep pace with criminals' technological
advances.
In addition, an amended section 1028 (rather than the
originally proposed new section 1036) eliminates the need for
investigators and prosecutors to distinguish between identity
takeover (S. 512) and false identification (S. 512 and section
1028). The Committee believes that an amended section 1028 will
prove both more useful and efficient for prosecutors than a
separate new offense.
The Committee also recommends enhanced penalties for
aggravating circumstances often associated with identity theft
crimes and a revised attempt and conspiracy section.
Potentially costly provisions which were not shown to provide
direct solutions for law enforcement or victims of identity
theft were deleted, while real time relief for victims by way
of a centralized complaint and education service at the Federal
Trade Commission was added. In addition, the original bill's
sentencing enhancements were changed to a directive to the
Sentencing Commission to consider the nature and extent of the
criminal activity involved in sentencing guidelines for all
crimes listed in section 1028.
Legislative Hearing on S. 512
The Subcommittee met on May 20, 1998, for a legislative
hearing on S. 512. Testimony was received from the U.S. Secret
Service, and the Federal Trade Commission, and two victim
advocates. All witnesses stated that identity theft was a
proliferating problem which crossed State lines and thus
required Federal action.
The U.S. Secret Service testified that law enforcement is
currently frustrated that the unlawful use of personal
information is not a crime since identity theft is often
perpetrated by organized criminals who know these crimes can be
committed with relative impunity.
The Federal Trade Commission testified that the identity
theft victims ``suffer real harm'', with the effect of the
theft being ``significant and long-lasting''. The ``real harm''
is exacerbated because consumer victims have difficulty
obtaining help from law enforcement since the law does not
recognize these individuals as victims. S. 512 rectifies these
problems by recognizingconsumer victims as crime victims and
providing for restitution and recovery of incurred costs.
Two victim advocates also testified. The first witness,
Arizona factory worker Bob Hartle, testified that the felon who
stole his identity actually taunted him over the phone, stating
that he would continue to pose as Hartle for as long as he
wanted since using his identity was not a crime. This criminal
caused Hartle to suffer over $100,000 of credit card debt, and
bought homes and motorcycles in Hartle's name before filing for
bankruptcy, also in Hartle's name.
Mari Frank, a California attorney and victim, has helped
hundreds of identity theft victims. She testified that because
identity crimes occur across State lines, a Federal law making
identity theft a crime is essential. Frank stated that S. 512
enables law enforcement to investigate these cases and
encourages States to follow suit. In addition, she testified
that provisions for restitution and a Federal complaint center
provide practical and fair help to victims of identity theft.
III. BACKGROUND
In July 1996, Arizona became the first State to pass
legislation making identity theft a felony, punishable with
imprisonment of 1\1/2\ years, plus restitution and a fine of
not more than $150,000. (As of February 1998, 142
investigations cases forwarded by Arizona law enforcement to
State prosecutors resulted in 89 court cases filed. As of May
1998, in Maricopa County alone, where Phoenix is located, 105
identity thieves had pled guilty or been convicted.) Later in
1997, California became the second State to pass identity theft
legislation, effective in January 1998. Identity theft is a
misdemeanor under the California statute, and limited to
identity crimes connected to financial crimes such as credit
card fraud.
S. 512 recognizes that Federal action is required to
address identity theft to deter its proliferation. Financial
crimes involving the misappropriation of individuals'
identifying information such as names, birth dates, and Social
Security numbers account for 95 percent of the financial crimes
arrests made by the U.S. Secret Service last year. The Secret
Service alone reported that they made nearly 9,500 arrests for
such crimes in 1997 amounting to $745 million in losses to
individual victims and financial institutions. These losses
have nearly doubled in the last 2 years. In addition, the U.S.
Postal Inspectors and the Secret Service report that their
investigations indicate that increasingly criminals involved
with identity theft are part of international criminal
syndicates committing financial, drug-related, immigration and
violent crimes.
Anecdotal information shows that the results of the theft
of identification information can be devastating for the
victims. The fortunate victims are successful in clearing their
credit or good name by expending extensive time or money.
Victims who have had their identities misappropriated by
criminals who commit crimes in their names tend not to be so
fortunate, with criminal records remaining intact which cannot
be expunged because the law currently recognizes neither the
victim nor the crime. S. 512 does both.
On May 31, 1998, the General Accounting Office (GAO)
released a briefing report on issues relating to identity fraud
entitled ``Identity Fraud: Information on Prevalence, Cost, and
Internet Impact is Limited'' (GGD-98-100BR, May 1998). The
report's findings support the conclusion that identity theft
crimes are a growing problem causing substantial harm to
victims. The report also found that 18 U.S.C. 1028 (which S.
512 amends) appears to be ``closely related to identity fraud''
because it addresses fraud in connection with identification
documents.
The GAO report was completed at the request of Senator
Charles Grassley, Chairman, Special Committee on Aging;
Representative Barbara Kennelly, Ranking Minority Member,
Subcommittee on Social Security, Committee on Ways and Means;
and Representative Gerald Kleczka. The report acknowledges that
there exists no clear definition of identity fraud, but does
explain the nature of identity fraud. (This Senate report uses
the terms ``identity fraud'' and ``identity theft''
interchangeably).
Generally, identity fraud involves ``stealing'' another
person's personal identifying information, e.g., Social
Security number, date of birth, and mother's maiden name.
Criminals use such information to fraudulently establish
credit, run up debt, or to take over existing financial
accounts. The methods used to obtain personal identifying
information can range from basic street theft to sophisticated,
organized crime schemes involving the use of computerized
databases or the bribing of employees with access to personal
information on customer or personnel records. (GGD-98-100BR,
May 1998 at 1).
Other findings of the report included:
In 1995, 93 percent of arrests made by the U.S. Secret
Service Financial Crimes Division involved identity theft. In
1996 and 1997, 94 percent of financial crimes arrests involved
identity theft. (GGD-98-100BR, May 1998 at 29).
The U.S. Secret Service stated that actual losses to
individuals and financial institutions which the Secret Service
had tracked involving identity fraud totaled $442 million in
fiscal year 1995, $450 million in fiscal year 1996, and $745
million in fiscal year 1997. (GGD-98-100BR, May 1998 at 29).
The Social Security Administration's Office of the
Inspector General has stated that Social Security number misuse
in connection with program fraud increased from 305 in fiscal
year 1996 to 1,153 in fiscal year 1997. (GGD-98-100BR, May 1998
at 31).
Postal Inspection investigations show that identity fraud
is perpetrated by organized crime syndicates, especially to
support drug trafficking, and has a nationwide scope. (GGD-98-
100BR, May 1998 at 35).
Trans Union Corporation, one of the three major national
credit bureaus, states that two-thirds of its consumer
inquiries to its fraud victim department involve identity
fraud.Moreover, such inquiries have increased from an average
of less than 3,000 inquiries per month in 1992 to over 43,000 a month
in 1997. (GGD-98-100BR, May 1998 at 41).
VISA U.S.A., Inc., and MasterCard International, Inc. both
stated that overall fraud losses from their member banks are in
the hundreds of millions of dollars annually. (GGD-98-100BR,
May 1998 at 42-45).
MasterCard stated that dollar losses relating to identity
fraud represented about 96 percent of its member banks' overall
fraud losses of $407 million in 1997. (GGD-98-100BR, May 1998)
at 45.
On an individual level, the ``human'' cost of identity
fraud can be quite substantial. These costs include emotional
costs, as well as various financial and/or opportunity costs.
For example, the victims may be unable to obtain a job,
purchase a car, or qualify for a mortgage. (GGD-98-100BR, May
1998) at 4.
While no specific data exists, anecdotal evidence suggests
that Internet growth increases opportunities for criminal
activity. (GGD-98-100BR, May 1998) at 4.
When S. 512 was polled out of the Subcommittee by unanimous
consent on June 12, the bill was supported by interested
entities in both the executive branch and the private sector,
including: Department of Justice, Federal Bureau of
Investigation, Federal Trade Commission, U.S. Postal
Inspectors, American Bankers Association, Associated Credit
Bureaus, VISA and MasterCard, PrivacyRights Clearinghouse, and
the U.S. Public Interest Research Group.
IV. ADMINISTRATION POSITION
In testimony before the Subcommittee on Technology,
Terrorism, and Government Information, the U.S. Secret Service
voiced strong support for identity theft legislation. The
Federal Trade Commission expressly supported S. 512 through
testimony as well. The U.S. Postal Inspectors stated their
support in a letter to the Subcommittee's Chairman, Senator Jon
Kyl, dated May 19, 1998. Both the Federal Bureau of
Investigation and the Treasury Department informally support S.
512.
Through a letter submitted to the Attorney General on May
5, 1998, Chairman Kyl requested formal comments on the
Subcommittee's first redraft of the bill as introduced. In a
June 24, 1998, letter to Chairman Kyl, Acting Assistant
Attorney General L. Anthony Sutin stated the following:
The Department supports the objective of the bill and
its timely recognition of the burgeoning commercial
exchange of financial and other personal information
and the concomitant increase in opportunities to
misappropriate that information for various illicit
purposes. However, while we support the goals of S.
512, we believe that the bill is in need of refinements
to address several problems.
The Subcommittee worked with the Department of Justice and
resolved all outstanding concerns prior to receiving the
Department's formal letter, including the language of the
``prohibited conduct'', ``conspiracy'', ``forfeiture''
sections, as well as the directives to the sentencing
commission to revise sentencing guidelines' considerations in
section 1028 cases.
V. CONCLUSION
S. 512, as reported, will fulfill its primary purposes of
criminalizing the theft and misuse of personal information and
providing legal recognition of individual victims. Identity
thieves will no longer be able to act with impunity, and the
law will have an unquantifiable value as a deterrent. Enhanced
penalties and a requirement that the Sentencing Commission
review their current sentencing guidelines to consider the
nature and extent of the criminal activity, along with
financial loss already factored into the guidelines, should
result in a more equitable sentencing guideline for section
1028 crimes. Taken as a whole, S. 512's amendment to section
1028 will help this section keep pace with criminals'
technological advances in committing identity theft crimes.
Federal legislation alone cannot eradicate identity theft.
The Committee strongly encourages State and local governments
and the private sector to complement the Federal role in this
area with appropriate preventive and enforcement measures. The
Committee also encourages individuals to take reasonable
measures to prevent becoming a victim of identity theft.
VI. SECTION-BY-SECTION ANALYSIS
Section 1
Sets forth the title, ``Identity Theft and Assumption
Deterrence Act of 1998''.
Section 2
(a) Establishment of offense.--S. 512 adds new section
(a)(7) at the end of the prohibited conduct section in 18
U.S.C. Sec. 1028 as follows:
Whoever, in a circumstance described in subsection
(c) of this section--(7) knowingly transfers or uses,
without lawful authority, a means of identification of
another person with 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 applicable State or local
law.
Section (a)(7) criminalizes the knowing transfer or use of
one or more means of identification with the intent that any of
them be used to violate any Federal law or any felony under
State or local law. This provision specifically excludes State
or local misdemeanor crimes as predicate offenses.
(b)(1) Fifteen-year penalty.--Under the S. 512 provision,
defendants are subject to a fine and a maximum penalty of 15
years if the transfer or use of the means of identification
occurs during any one year period and the value aggregated as a
result of the offense is in the amount of $1,000 or more,
ensuring that only the more serious identity theft crimes are
subject to the 15-year penalty.
(b)(2) Three-year penalty.--Identity theft crimes involving
the use or transfer of a means of identification (but not
subject to the 15-year penalty) are subject to a maximum of a
fine and 3 years imprisonment, as currently listed under
section 1028(b)(2).
Similarities in the nature and method of false document and
false information crimes makes use of same 3-year and
misdemeanor penalties reasonable. An added advantage of
incorporating identity information crimes into the penalties
set out in section 1028 is that such inclusion automatically
makes identity information crimes subject to the exclusion
(section 212(a)(2)) and deportation (section 237(a)(2))
provisions of the Immigration and Nationality Act.
In addition, criminal forfeiture is available for any
personal property used or intended to be used to commit
offenses under section 1028.
(b) (3) and (4). Enhanced penalties.--In 1996, section
1028(b) (3) and (4) were added to section 1028 providing
enhanced penalties of up to 20 years if fraudulent documents
are used to facilitate a drug-trafficking crime, and up to 25
years if the offense is used to facilitate an act of
international terrorism. This bill enhances penalties against
recidivists (20-year enhancement) and those who commit violent
crime felonies in conjunction with a section 1028 violation
(25-year enhancement).
The S. 512 language ensuring that recidivists are subject
to the enhanced penalty of 20 years makes clear that the
holding in U.S. v. Deal, 508 U.S. 129, does not apply to
section 1028 offenses. Deal held that a second (or more)
finding of guilt arising out of a single proceeding was
sufficient to trigger enhanced penalties. (The law challenged
in Deal required an enhanced penalty in a case of a second or
subsequent conviction.) By contrast, S. 512 states that only
those defendants who have had a prior final judgment of
conviction entered against them under section 1028 will receive
the enhanced penalty.
(c). Circumstances.--Section 1028 currently provides that
document fraud is only a Federal crime when the production,
transfer, or possession is in or affects interstate or foreign
commerce, or is transported in the mails. S. 512 adds the
``use'' of a means of identification to the circumstances where
section 1028 applies.
(d). Definitions.--Section 1028 already provides
definitions for the terms ``identification document'',
``produce'', ``document-making implement'', ``personal
identification card'' and ``State''. S. 512 adds a definition
for ``means of identification'' and modifies ``document-making
implement'' to include computers specifically configured or
primarily used to commit identity crimes. The definition of
``means of identification'' is:
(d)(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 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)).
``Means of identification'' is a core definition in this
bill, intended to capture the varieties of individual
identification information technologically feasible which can
be compromised and criminally transferred or used. The
definition is intended to incorporate other means of
identification which may be developed in the future, but are
not currently available.
(e). Attempt and conspiracy.--S. 512 modifies the existing
penalty in section 1028 for attempts and adds a penalty for
conspiracies. Attempts and conspiracies are subject to the same
penalties as those prescribed for the offense since the
fortuity that the crime was not completed despite the
defendant's efforts to do so should not benefit the defendant.
The new provision is practically identical to 21 U.S.C. 846.
(f). Conforming amendments.--This provision amends the
title of section 1028 to conform to the addition of
information-based crimes by this bill. Section 1028's title
shall read ``Fraud and related activity in connection with
identification documents and information''.
(g). Rule of construction.--This provision seeks to clarify
that each means of identification in any one identification or
fake identification document can not be treated as separate
offenses under (a)(7). Without the clarification, it would be
possible to prosecute offenses under the new (a)(7) with
multiple counts. That option is not currently available under
(a) (1)-(6), which would only permit (at maximum) one count per
document.
Section 3
Restitution.--This provision legally acknowledges victims
of identity theft by adding to section 1028 a requirement that
victims who have suffered a pecuniary loss are entitled to
mandatory restitution under 18 U.S.C. 3663A. The section makes
clear that in determining restitution, any costs and attorney
fees should be included. Specifically enumerated costs include
those incurred for clearing credit history or rating and those
costs in connection withcivil or administrative proceedings to
satisfy any debt, lien, or other obligations of the victim arising from
a defendant's criminal activity. Note: the definition of ``victim'' is
set out in 18 U.S.C. 3663, which means ``a person directly or
proximately harmed as a result of the commission of an offense for
which restitution may be ordered''.
Section 4
Amendment of Federal sentencing guidelines for offenses
under section 1028. This provision requires the Federal
Sentencing Commission to review and amend, where appropriate,
the Federal sentencing guidelines and policy statements of the
Commission to provide for appropriate penalties for each
offense under section 1028. In order to promote fairness and
proportionality in sentencing throughout section 1028, the
Sentencing Commission is to review the guidelines which apply
to all prohibited conduct under section 1028.
This directive also requires the Sentencing Commission to
consider certain factors when establishing penalties for
section 1028 offenses. Many identity crimes include multiple
victims and multiple numbers of means of identification or
false identification. S. 512 requires the Sentencing Commission
to take into consideration the number of victims and the number
of means of identification, identification or false
identification documents involved in the offense. In
considering the number of victims (as defined in 18 U.S.C.
3663A(a)) involved in the offense, the Commission is to also
consider the extent that ``harm to reputation, inconvenience,
and other difficulties resulting from the offense, is an
adequate measure for establishing penalties''.
Section 5
Centralized complaint and consumer education service for
victims of identity theft. This provision requires the Federal
Trade Commission to formalize their current identity theft
complaint and education service by establishing procedures
within 1 year to set up a centralized complaint and consumer
education service for victims of identity theft. The purpose of
the service is to provide a Federal, central source of
information for citizens who certify that they have a
reasonable belief that their identity has been assumed or used
without lawful authority. The center is to log and acknowledge
the receipt of complaints, provide victims with informational
materials, and then refer complaints to the three major
national consumer reporting agencies as well as the appropriate
law enforcement agencies for potential action. An authorization
for necessary appropriations is included.
Section 6
Technical amendments to title 18, United States Code. The
first amendment corrects a technical problem identified by the
Department of Justice in enforcing the forfeiture provisions
set out in 18 U.S.C. 982(b)(1), some of which currently permit
forfeiture but fail to provide a procedure to seek the
forfeiture. The Department considers that the provisions of 18
U.S.C. 982(b)(1) which do not have an attending procedure are,
for practical purposes, unenforceable. This amendment states
that all of the forfeiture provisions listed under section
982(b)(1) are to follow the procedures set out in section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853).
The second amendment amends 18 U.S.C. 2516(1)(a) by
inserting ``chapter 90 (relating to protection of trade
secrets)'' after, ``chapter 37 (relating to espionage)''. The
purpose of this amendment is to correct a drafting error in the
Economic Espionage Act, whereby economic espionage and theft of
trade secrets are not enumerated in section 2516 as predicate
offenses for obtaining an electronic interception order. By
amending the section, the Committee makes clear that economic
espionage and theft of trade secrets are predicate offenses
upon which a title III application may be based, as originally
intended. (See House Conference Report 104-879, Jan. 2, 1997
accompanying ``The Economic Espionage Act of 1996'' (H.R.
3723).
VII. COST ESTIMATE
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 404 of the
Congressional Budget Act of 1974, the committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 14, 1998.
Hon. Orrin G. Hatch,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 512, the Identity
Theft and Assumption Deterrence Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark Hadley
and Mark Grabowicz.
Sincerely,
June E. O'Neill, Director.
Enclosure.
congressional budget office cost estimate
S. 512--Identity Theft and Assumption Deterrence Act of 1998
Summary: S. 512 would establish a new federal crime
relating to fraud through the use of identification information
and would direct the Federal Trade Commission (FTC) to provide
a centralized complaint and consumer education service for
victims of identity theft. The bill would authorize such sums
as may be necessary for providing that service. Based on
information from FTC, CBO estimates that implementing the bill
would cost $17 million over the 1999-2003 period, assuming
appropriation of the necessary amounts.
Because enactment of S. 512 could affect direct spending
and receipts, pay-as-you-go procedures would apply to the bill.
However, CBO estimates that any impact on direct spending and
receipts would not be significant.
S. 512 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: For purposes of
this estimate, CBO assumes S. 512 will be enacted by the end of
fiscal year 1998, and that the estimated amounts necessary to
implement the bill will be appropriated by the start of each
fiscal year. Outlays have been estimated on the basis of
historical spending patterns for FTC and information provided
by the agency. The estimated budgetary impact of S. 512 is
shown in the following table. The costs of this legislation
fall within budget function 370 (commerce and housing credit).
----------------------------------------------------------------------------------------------------------------
By fiscal years in millions of dollars--
------------------------------------------------------
1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................ 2 3 4 4 4
Estimated Outlays........................................ 2 3 4 4 4
----------------------------------------------------------------------------------------------------------------
In addition to the discretionary spending shown in the
table, S. 512 could lead to increases in both revenues and
direct spending from provisions relating to criminal fines and
asset forfeiture; CBO estimates that any such increases would
be less than $500,000 in each year.
Basis of estimate: The vast majority of the estimated costs
are for personnel to log complaints by victims of identity
theft, provide information to such victims, and refer
complaints to the appropriate authorities. Based on information
from the FTC, CBO estimates that the agency will receive about
1,000 calls per day on average, resulting in an annual cost of
$3 million to $4 million.
S. 512 also would establish a new federal crime related to
fraud through the use of identification information. Violators
would be subject to imprisonment, forfeiture of personal
property, and fines. As a result, the federal government would
be able to pursue cases that it otherwise would not be able to
prosecute. CBO expects that the government probably would not
pursue many such cases, so we estimate that any increase in
federal costs for law enforcement, court proceedings, or prison
operations would not be significant. Any such additional costs
would be subject to the availability of appropriated funds.
Because those prosecuted and convicted under S. 512 could
be subject to criminal fines, the federal government might
collect additional fines if the bill is enacted. Collections of
such fines are recorded in the budget as government receipts
(revenues), which are deposited in the Crime Victims Fund and
spent in the following year. CBO expects that any additional
collections from enacting S. 512 would be negligible, however,
because of the small number of cases likely to be involved.
Because any increase in direct spending would equal the fines
collected with a one-year lag, the additional direct spending
also would be negligible.
Enacting S. 512 also could lead to more assets being seized
and forfeited to the United States, but we estimate that any
such increase would be less than $500,000 annually in value.
Proceeds from the sale of any such assets would be deposited as
revenues into the assets forfeiture fund of the Department of
Justice and spent out of that fund in the same year. Thus, the
change in direct spending from the assets forfeiture fund would
match any increase in revenues to that fund.
Pay-as-you-go consideration: Section 252 of the Balanced
Budget and Emergency Deficit Control Act sets up pay-as-you-go
procedures for legislation affecting direct spending our
receipts. Enacting S. 512 could affect direct spending and
receipts, but CBO estimates that any such effects would be less
than $500,000 a year.
Intergovernmental and private-sector impact: S. 512
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Mark Hadley and Mark Grabowicz.
Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
VIII. REGULATORY IMPACT STATEMENT
In compliance with paragraph 11(b)(1), rule XXVI of the
Standing Rules of the Senate, the Committee, after due
consideration, concludes that S. 512 will not have significant
regulatory impact.
IX. ADDITIONAL VIEWS OF SENATOR LEAHY
I am submitting additional views to the Committee Report on
the Kyl-Leahy substitute to S. 512, because I want to highlight
the significant privacy concerns implicated by the crime of
identity theft.
Protecting the privacy of our personal information is a
challenge, especially in this information age. Every time we
obtain or use a credit card, place a toll-free phone call, surf
the Internet, get a driver's license or are featured in Who's
Who, we are leaving virtual pieces of ourselves in the form of
personal information, which can be used without our consent or
even our knowledge. Too frequently, criminals are getting hold
of this information and using the personal information of
innocent individuals to carry out other crimes. Indeed, U.S.
News & World Report has called identity theft ``a crime of the
90's''.
According to the recent GAO report on ``Identity Fraud,'' a
myriad of methods are used to obtain personal identifying
information. Such methods ``can range from basic street theft
to sophisticated organized crime schemes involving the use of
computerized databases or the bribing of employees access to
computerized information on customer or personnel records.''
GAO Briefing Report, ``Identity Fraud: Information on
Prevalence, Cost, and Internet Impact is Limited'' (GGD-98-
100BR, May 1998), at 1.
The consequences for the victims of identity theft can be
severe. They can have their credit ratings ruined and be unable
to get credit cards, student loans, or mortgages. They can be
hounded by creditors or collection agencies to repay debts they
never incurred, but were obtained in their name, at their
address, with their social security number or driver's license
number. It can take months or even years, and agonizing effort,
to clear their good names and correct their credit histories. I
understand that, in some instances, victims of identity theft
have even been arrested for crimes they never committed when
the actual perpetrators provided law enforcement officials with
assumed names.
S. 512, as reported by the Committee, would provide
important remedies for victims of identity fraud. Specifically,
the bill would make clear that these victims are entitled to
restitution, including payment for any costs and attorney's
fees in clearing up their credit histories and having to engage
in any civil or administrative proceedings to satisfy debts,
liens or other obligations resulting from a defendant's theft
of their identity. In addition, the bill would direct the
Federal Trade Commission to keep track of consumer complaints
of identity theft and provide information to victims of this
crime on how to deal with its aftermath.
This is an important bill on an issue that has caused harm
to many Americans. It has come a long way from its original
formulation, which would have made it an offense, subject to 15
years'' imprisonment, to possess ``with intent to deceive''
identity information issued to another person. I was concerned
that the scope of the proposed offense would have resulted in
the federalization of the status offenses of underage teenagers
using fake ID cards to gain entrance to bars or to buy
cigarettes, or even the use of a borrowed ID card without any
illegal purpose. This problem, and others, have been addressed
in the Kyl-Leahy substitute, as reported out of the Committee,
although there may be need to restrict the scope of the offense
even further to ensure that it does not subject petty state
offenses to federal felony liability.
In addition, we made efforts to ensure that this bill did
not inappropriately and inadvertently raise to the felony
offense level other federal petty and misdemeanor crimes.
Further refinements to the bill may have to be made during
consideration by the full Senate to ensure that this is the
case.
I am glad that Senator Kyl and I were able to join forces
to construct a substitute that punishes perpetrators of
identity theft and helps victims of this crime to regain their
privacy.
Patrick Leahy.
X. CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 512, as reported, are shown as follows (existing law which
would be omitted is enclosed in bold brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman type):
UNITED STATES CODE
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 46--FOREFEITURE
* * * * * * *
Sec. 982. Criminal Forfeiture
(a)(1) The * * *
* * * * * * *
[(b)(1) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed--
[(A) in the case of a forfeiture under subsection
(a)(1) or (a)(6) of this section, by subsections (c)
and (e) through (p) of section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853); and
[(B) in the case of a forfeiture under subsection
(a)(2) of this section, by subsections (b), (c), (e),
and (g) through (p) of section 413 of such Act.]
(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).
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec.
[1008, 1009. Repealed.]
1024. Purchase or receipt of military, naval, or veteran's facilities
property.
1028. Fraud and related activity in connection with identification
documents and information.
* * * * * * *
Sec. 1028. Fraud and related activity in connection with identification
documents and information
(a) Whoever, in a circumstance described in subsection (c)
of this section--
(1) knowingly and without lawful authority produces
an identification document or a false identification
document;
* * * * * * *
(5) knowingly produces, transfers, or possesses a
document-making implement with the intent such
document-making implement will be used in the
production of a false identification document or
another document-making implement which will be so
used; [or]
(6) knowingly possesses an identification document
that is or appears to be an identification document of
the United States which is stolen or produced without
lawful authority knowing that such document was stolen
or produced without such authority; or
(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;
[or attempts to do so,] shall be punished as provided in
subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of
this section is--
(1) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
15 years, or both, if the offense is--
(A) the production or transfer of an
identification document or false identification
document that is or appears to be--
(i) an identification document issued
by or under the authority of the United
States; or
(ii) a birth certificate, or a
driver's license or personal
identification card;
(B) the production or transfer of more than
five identification documents or false
identification documents; [or]
(C) an offense under paragraph (5) of such
subsection; or
(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) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
three years, or both, if the offense is--
(A) any other production [or transfer of an
identification document or] possession,
transfer, or use of a means of identification,
an identification document, or a false
identification document; or
(B) an offense under paragraph (3) of such
subsection;
[(3) a fine under this title or imprisonment for not
more than 20 years, or both, if the offense is
committed to facilitate a drug trafficking crime (as
defined in section 929(a)(2) of this title);
[(4) a fine under this title or imprisonment for not
more than 25 years, or both, if the offense is
committed to facilitate an act of international
terrorism (as defined in section 2331(1) of this
title); and]
(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));
(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
[(5)] a fine under this title or imprisonment for not
more than one year, or both, in any other case.
(c) The circumstances referred to in subsection (a) of this
section is that--
* * * * * * *
[(3) the production, transfer, or possession
prohibited by this section is in or affects interstate
or foreign commerce, or the identification document,
false identification document, or document-making
implement is transported in the mail in the course of
the production, transfer, or possession prohibited by
this section.]
(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) As used in this section--
[(1) 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;
[(2) the term ``produce'' includes alter,
authenticate, or assemble;
[(3) the term ``document-making implement'' means any
implement or impression specially designed or primarily
used for making an identification document, a false
identification document, or another document-making
implement;
[(4) the term ``personal identification card'' means
an identification document issued by a State or local
government solely for the purpose of identification;
and
[(5) 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.]
(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, along 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 touring 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) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States, or any activity authorized under chapter
224 of this title.
(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.
(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.
* * * * * * *
CHAPTER 119--WIRE INTERCEPTION AND INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *
Sec. 2516. Authorization for interception of wire, oral, or electronic
communications
(1) The Attorney * * *
(a) any offense punishable by death or by imprisonment for
more than one year under sections 2274 through 2277 of title 42
of the United States Code (relating to the enforcement of the
Atomic Energy Act of 1954), section 2284 of title 42 of the
United States Code (relating to sabotage of nuclear facilities
or fuel), or under the following chapters of this title:
chapter 37 (relating to espionage), chapter 90 (relating to
protection of trade secrets), chapter 105 (relating to
sabotage), chapter 115 (relating to treason), chapter 102
(relating to riots), chapter 65 (relating to malicious
mischief), chapter 111 (relating to destruction of vessels), or
chapter 81 (relating to piracy);
* * * * * * *
PART II.--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3663A. Mandatory restitution to victims of certain crimes
* * * * * * *
(c)(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements relating to
charges for, any offense--
(A) that is--
(i) a crime of violence, as defined in
section 16;
(ii) an offense against property under this
title, including any offense committed by fraud
or deceit; [or]
(iii) an offense described in section 1365
(relating to tampering with consumer products);
[and] or
(iv) an offense described in section 1028
(relating to fraud and related activity in
connection with means of identification or
identification documents); and
* * * * * * *
(d) An order of restitution under this section shall be
issued and enforced in accordance with section 3664.
(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.