Identity Theft and Assumption Deterrence Act of 1998

Summary: Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual. 
Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes.  Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970. 
Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions. 
Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors. 
Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.

SECTION 1. SHORT TITLE.

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

SEC. 2. 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 otherwise promote, carry on, or facilitate 
        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 striking paragraphs (3) and (4) and inserting the 
        following:
            ``(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)); or
                    ``(B) after a prior conviction under this section 
                becomes final;
            ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed--
                    ``(A) to facilitate an act of international 
                terrorism (as defined in section 2331(1)); or
                    ``(B) in connection with a crime of violence (as 
                defined in section 924(c)(3));'';
            (4) by redesignating paragraph (5) as paragraph (6); and
            (5) by inserting after paragraph (4) (as added by paragraph 
        (3) of this subsection) 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.--Section 1028 of title 18, United States Code, is 
amended by striking subsection (d) and inserting the following:
    ``(d) Definitions.--In this section:
            ``(1) Document-making implement.--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) Identification document.--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) Means of identification.--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) Personal identification card.--The term `personal 
        identification card' means an identification document issued by 
        a State or local government solely for the purpose of 
        identification.
            ``(5) Produce.--The term `produce' includes alter, 
        authenticate, or assemble.
            ``(6) State.--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.''.
    (g) Conforming Amendments.--Chapter 47 of title 18, United States 
Code, is amended--
            (1) in section 1028, by striking ``or attempts to do so,'';
            (2) in the heading for section 1028, by adding ``and 
        information'' at the end; and
            (3) in the analysis for the chapter, in the item relating 
        to section 1028, by adding ``and information'' at the end.

SEC. 3. RESTITUTION.

    Section 3663A of title 18, United States Code, is amended--
            (1) in subsection (c)(1)(A)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking ``and'' at the end 
                and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(iv) an offense described in section 1028 
                (relating to fraud and related activity in connection 
                with means of identification or identification 
                documents); and''; and
            (2) by adding at the end the following:
    ``(e) Fraud and Related Activity in Connection With Identification 
Documents and Information.--Making restitution to a victim under this 
section for an offense described in section 1028 (relating to fraud and 
related activity in connection with means of identification or 
identification documents) may include payment for any costs, including 
attorney fees, incurred by the victim, including any costs incurred--
            ``(1) in clearing the credit history or credit rating of 
        the victim; or
            ``(2) in connection with any civil or administrative 
        proceeding to satisfy any debt, lien, or other obligation of 
        the victim arising as a result of the actions of the 
        defendant.''.

SEC. 4. 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)--
            (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. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR 
              VICTIMS OF IDENTITY THEFT.

    (a) In 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, 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),''.

            Passed the Senate July 30, 1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.