[105th Congress Public Law 318]
[From the U.S. Government Printing Office]
<DOC>
[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):
---------------------------------------------------------------------------
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.
<all>