I
105TH CONGRESS
2D SESSION
H. R. 3551
To amend title 18, United States Code, relating to identity fraud, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1998
Ms. DELAURO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend title 18, United States Code, relating to identity
fraud, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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:
‘‘§ 1036. Identity theft and deceptive assumption
‘‘(a) PROHIBITION.—Whoever knowingly and with in-
tent to deceive or defraud—
‘‘(1) obtains or transfers, or attempts to obtain
or transfer, any personal identifier, identification de-
vice, personal information or data, or other docu-
ment 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 conspir-
acy of 2 or more persons to commit an offense under sub-
section (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 of-
fense 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 defend-
ant 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, in-
cluding 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 proceed-
ing required to clear any debt, lien, or other obliga-
tion 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 sec-
tion, 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 de-
vice, 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 num-
ber, employer or taxpayer identification num-
ber, or any access device (as that term is de-
fined 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 conjunc-
tion with a personal identifier or identification de-
vice, would facilitate a misrepresentation or assump-
tion 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 identifica-
tion 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 infor-
mation and statistical data relating to—
(1) the number of identity fraud offenses inves-
tigated 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 iden-
tity 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 comprehen-
sive study of the extent, nature, and causes of identity
fraud, and the threats posed to the Nation’s financial in-
stitutions and payment systems, and consumer safety and
privacy, and submit to Congress specific legislative rec-
ommendations 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.’’.
Æ