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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. |