Identity Piracy Act of 1998

Summary: Identity Piracy Act of 1998 - Amends the Federal criminal code to prohibit identity fraud.  Imposes penalties upon anyone who in interstate or foreign commerce, knowingly and with intent to deceive or defraud: (1) obtains or transfers, or possesses or uses, any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; (2) assumes or uses the identity of any other entity or person; or (3) attempts or conspires with another person to commit such offense. 
Authorizes the court to order the defendant to make restitution to any victim, which may include payment for costs, including attorney's fees, incurred by any victim in clearing any credit history or rating relating to the victim, as well as costs incurred in any civil or administrative proceeding required to clear any debt, lien, or other obligation arising as a result of the defendant's activity. 
Authorizes the United States Secret Service to investigate any such offense, subject to the terms of an agreement to be entered into by the Secretary of the Treasury and the Attorney General. 
Includes within the definition of "contraband" (subject to forfeiture) specified equipment pertaining to identity fraud. 
Directs the Secretary to:  (1) collect and maintain certain information and statistical data relating to identity fraud; and (2) complete a comprehensive study of the extent, nature, and causes of identity fraud and the threats posed to the Nation's financial institutions and payment systems and consumer safety and privacy; and (3) submit to the Congress specific legislative recommendations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identity Piracy Act of 1998''.

SEC. 2. IDENTITY THEFT AND DECEPTIVE ASSUMPTION.

    (a) Establishment of Offense.--Chapter 47 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 1036. Identity theft and deceptive assumption
    ``(a) Prohibition.--Whoever knowingly and with intent to deceive or 
defraud--
            ``(1) obtains or transfers, or attempts to obtain or 
        transfer, any personal identifier, identification device, 
        personal information or data, or other document or means of 
        identification of any other entity or person;
            ``(2) possesses or uses, or attempts to possess or use, any 
        personal identifier, identification device, personal 
        information or data, or other document or means of 
        identification of any entity or person; or
            ``(3) assumes or uses, or attempts to assume or use, the 
        identity of any other entity or person;
shall, if the offense affects interstate or foreign commerce, be 
punished as provided in subsection (c) of this section.
    ``(b) Conspiracy.--Whoever is a party to a conspiracy of 2 or more 
persons to commit an offense under subsection (a), if any of the 
parties engages in any conduct in furtherance of such offense, shall be 
fined an amount not greater than the amount provided as the maximum 
fine for such offense under subsection (c) of this section or 
imprisoned not longer than one-half the period provided as the maximum 
imprisonment for such offense under subsection (c) of this section, or 
both.
    ``(c) Punishment; Restitution.--
            ``(1) Punishment.--The punishment for an offense under 
        subsection (a) or (b) is a fine under this title or 
        imprisonment for not more than 20 years, or both.
            ``(2) Restitution.--In sentencing any defendant convicted 
        of an offense under this section, the court may order, in 
        addition to or in lieu of any other penalty authorized by law, 
        that the defendant make restitution to any victim of the 
        offense. Such restitution may include payment for any costs, 
        including attorney's fees, incurred by any victim in clearing 
        any credit history or rating relating to the victim, as well as 
        any civil or administrative proceeding required to clear any 
        debt, lien, or other obligation arising as a result of the 
        defendant's activity.
    ``(d) Investigative Authority.--In addition to any other agency 
having such authority, the United States Secret Service may investigate 
any offense under this section, except that the exercise of 
investigative authority under this paragraph shall be subject to the 
terms of an agreement, which shall be entered into by the Secretary of 
the Treasury and the Attorney General.
    ``(e) Definitions.--As used in this section--
            ``(1) 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 an individual, including 
        any--
                    ``(A) personal identification card (as that term is 
                defined in section 1028); or
                    ``(B) access device, counterfeit access device, or 
                unauthorized access device (as those terms are defined 
                in section 1029);
            ``(2) the term `personal identifier' means--
                    ``(A) 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, or any access device 
                (as that term is defined in section 1029);
                    ``(B) any unique biometric data, such as a 
                fingerprint, voice print, retina or iris image, or 
                other unique physical representation;
                    ``(C) any unique electronic identification number, 
                address, or routing code; or
                    ``(D) any other means of identification not 
                lawfully issued to the user;
            ``(3) the term `identification device' means any physical, 
        mechanical, or electronic representation of a personal 
        identifier or any personal information or data; and
            ``(4) the term `personal information or data' means any 
        information that, when used in conjunction with a personal 
        identifier or identification device, would facilitate a 
        misrepresentation or assumption of the identity of another.''.
    (b) Seizure and Forfeiture.--Section 80302(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (5), by striking `or' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(7) an identification document, false identification 
        document, or a document-making implement (as those terms are 
        defined in sections 1028 and 1029 of title 18) involved in a 
        violation of section 1028 or 1029 of title 18;
            ``(8) a counterfeit access device, device-making equipment, 
        or scanning receiver (as those terms are defined in sections 
        1028 and 1029 of title 18); or
            ``(9) a means of identification (as that term is defined in 
        section 1036) involved in a violation of section 1036.''.
    (c) Annual Reporting of Identity Theft and Assumption 
Information.--Beginning not later than 60 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall collect and 
maintain information and statistical data relating to--
            (1) the number of identity fraud offenses investigated 
        under section 1036 of title 18, United States Code;
            (2) the number of prosecutions and convictions under 
        section 1036 of title 18, United States Code;
            (3) any information provided to the Department of the 
        Treasury by State and local law enforcement agencies relating 
        to the investigation of identity fraud offenses; and
            (4) any information provided to the Department of the 
        Treasury by financial institutions relating to identity fraud 
        or the financial consequences of identity fraud offenses.
    (d) Identity Fraud Study.--Within 1 year after the date of the 
enactment of this Act, the Secretary of the Treasury, in conjunction 
with the Chairperson of the Federal Trade Commission, shall complete a 
comprehensive study of the extent, nature, and causes of identity 
fraud, and the threats posed to the Nation's financial institutions and 
payment systems, and consumer safety and privacy, and submit to 
Congress specific legislative recommendations to address these matters.
    (e) Clerical Amendment.--The table of sections at the beginning of 
chapter 47 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1036. Identity theft and deceptive assumption.''.