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IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT
As amended by Public Law 105-318, 112 Stat. 3007
(Oct. 30, 1998)
An Act
To amend chapter 47 of title 18, United States Code, relating to
identity fraud, and for other purposes. [NOTE: Oct. 30, 1998 - [H.R.
4151]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Identity
Theft and Assumption Deterrence Act of 1998.]
Sec.
001.
Short Title
002.
Constitutional Authority to Enact this Legislation.
003.
Identity Theft
004.
Amendment of Federal Sentencing Guidelines for Offenses Under Section
1028
005.
Centralized Complaint and Consumer Education Service for Victims of
Identity Theft
006.
Technical Amendments to Title 18, United States Code
007.
Redaction of Ethics Reports Filed by Judicial Officers and Employees
001. Short Title. [NOTE: 18 USC 1001 note.]
This Act may be cited as the "Identity Theft and Assumption Deterrence
Act of 1998".
002. Constitutional Authority to Enact this Legislation.
[NOTE: 18 USC 1028 note.]
The constitutional authority upon which this Act rests is the power of
Congress to regulate commerce with foreign nations and among the
several States, and the authority to make all laws which shall be
necessary and proper for carrying into execution the powers vested by
the Constitution in the Government of the United States or in any
department or officer thereof, as set forth in article I, section 8 of
the United States Constitution.
003. 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 to aid or abet, 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 amending paragraph (3) to read as follows:
"(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));
"(B) in connection with a crime of violence (as defined in
section 924(c)(3)); or
"(C) after a prior conviction under this section becomes
final;";
(4) in paragraph (4), by striking "and" at the end;
(5) by redesignating paragraph (5) as paragraph (6); and
(6) by inserting after paragraph (4) 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.--Subsection (d) of section 1028 of title 18,
United States Code, is amended to read as follows:
"(d) In this section--
"(1) 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) 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) 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) the term `personal identification card' means an
identification document issued by a State or local government
solely for the purpose of identification;
"(5) the term `produce' includes alter, authenticate, or
assemble; and
"(6) the term `State' includes any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other commonwealth, possession, or territory of the United
States.".
(e) Attempt and Conspiracy.--Section 1028 of title 18, United
States Code, is amended by adding at the end the following:
"(f ) Attempt and Conspiracy.--Any person who attempts or
conspires to commit any offense under this section shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.".
(f ) Forfeiture Procedures.--Section 1028 of title 18, United
States Code, is amended by adding at the end the following:
"(g) Forfeiture Procedures.--The forfeiture of property under
this section, including any seizure and disposition of the property
and any related judicial or administrative proceeding, shall be
governed by the provisions of section 413 (other than subsection (d)
of that section) of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853).".
(g) Rule of Construction.--Section 1028 of title 18, United States
Code, is amended by adding at the end the following:
"(h) Rule of Construction.--For purpose of subsection (a)(7), a
single identification document or false identification document that
contains 1 or more means of identification shall be construed to be
1 means of identification.".
(h) Conforming Amendments.--Chapter 47 of title 18, United States
Code, is amended--
(1) in the heading for section 1028, by adding "and
information" at the end; and
(2) in the table of sections at the beginning of the chapter, in the
item relating to section 1028, by adding "and information" at the
end.
004. Amendment of Federal Sentencing Guidelines for Offenses
Under Section 1028. [NOTE: 28 USC 994 note.]
(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.
005. Centralized Complaing and Consumer Education Service for
Victims of Identity Theft. [NOTE: 18 USC 1028 note.]
(a) In <<NOTE: Deadline.>> 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.
006. 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),".
007. Redaction of Ethics Reports Filed by Judicial
Officers and Employees.
Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following new paragraph:
"(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a finding is
made by the Judicial Conference, in consultation with United States
Marshall Service, that revealing personal and sensitive information
could endanger that individual.
"(B) A report may be redacted pursuant to this paragraph only--
"(i) to the extent necessary to protect the individual who
filed the report; and
"(ii) for as long as the danger to such individual exists.
"(C) The Administrative Office of the United States Courts
shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate an annual report with respect to
the operation of this paragraph including--
"(i) the total number of reports redacted pursuant to this
paragraph;
"(ii) the total number of individuals whose reports have been
redacted pursuant to this paragraph; and
"(iii) the types of threats against individuals whose reports are
redacted, if appropriate.
"(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth the
circumstances under which redaction is appropriate under this
paragraph and the procedures for redaction.[NOTE: Regulations.]
"(E) This paragraph shall expire on December 31, 2001, and apply
to filings through calendar year 2001.". [NOTE: Expiration date.]
Approved October 30, 1998.
LEGISLATIVE HISTORY--H.R. 4151 (S. 512):
SENATE REPORTS: No. 105-274 accompanying S. 512 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 7, considered and passed House.
Oct. 14, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 30, Presidential statement.
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