Text: H.R.4151 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-318 (10/30/1998)

 
[105th Congress Public Law 318]
[From the U.S. Government Printing Office]


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[DOCID: f:publ318.105]


[[Page 112 STAT. 3007]]

Public Law 105-318
105th Congress

                                 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 <<NOTE: Identity Theft and 
Assumption Deterrence Act of 1998.>> assembled,

SECTION 1. <<NOTE: 18 USC 1001 note.>> SHORT TITLE.

    This Act may be cited as the ``Identity Theft and Assumption 
Deterrence Act of 1998''.

SEC. 2. <<NOTE: 18 USC 1028 note.>> CONSTITUTIONAL AUTHORITY TO ENACT 
            THIS LEGISLATION.

    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.

SEC. 3. 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)--

[[Page 112 STAT. 3008]]

                    (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

[[Page 112 STAT. 3009]]

                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.

SEC. 4. <<NOTE: 28 USC 994 note.>> 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)--

[[Page 112 STAT. 3010]]

            (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. <<NOTE: 18 USC 1028 note.>> CENTRALIZED COMPLAINT AND CONSUMER 
            EDUCATION 
            SERVICE FOR VICTIMS OF IDENTITY THEFT.

    (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.

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,

[[Page 112 STAT. 3011]]

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),''.

SEC. 7. 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) <<NOTE: Regulations.>> 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.

  

[[Page 112 STAT. 3012]]

    ``(E) <<NOTE: Expiration date.>> This paragraph shall expire on 
December 31, 2001, and apply to filings through calendar year 2001.''.

  

    Approved October 30, 1998.

LEGISLATIVE HISTORY--H.R. 4151 (S. 512):
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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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