105TH CONGRESS
2D SESSION
H. R. 4151
AN ACT
To amend chapter 47 of title 18, United States
Code, relating to identity fraud, and for other
purposes.
105TH CONGRESS
2D SESSION
H. R. 4151
AN ACT
To amend chapter 47 of 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 Theft and As-
sumption Deterrence Act of 1998’’.
SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEG-
ISLATION.
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 au-
thority to make all laws which shall be necessary and prop-
er 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 follow-
ing:
‘‘(7) knowingly transfers or uses, without lawful
authority, a means of identification of another per-
son with the intent to commit, or to aid or abet, any
unlawful activity that constitutes a violation of Fed-
eral law, or that constitutes a felony under any ap-
plicable 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 re-
sult of the offense, any individual committing
the offense obtains anything of value aggregat-
ing $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 iden-
tification, an identification document, or a’’;
and
(B) in subparagraph (B), by inserting ‘‘or
(7)’’ after ‘‘(3)’’;
(3) by amending paragraph (3) to read as fol-
lows:
‘‘(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 para-
graph (6); and
(6) by inserting after paragraph (4) the follow-
ing:
‘‘(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’’.
of the United States Government, a State, political
subdivision of a State, a foreign government, politi-
cal subdivision of a foreign government, an inter-
national governmental or an international quasi-gov-
ernmental organization which, when completed with
information concerning a particular individual, is of
a type intended or commonly accepted for the pur-
pose 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 driv-
er’s license or identification number, alien reg-
istration number, government passport number,
employer or taxpayer identification number;
‘‘(B) unique biometric data, such as finger-
print, voice print, retina or iris image, or other
unique physical representation;
‘‘(C) unique electronic identification num-
ber, address, or routing code; or
‘‘(D) telecommunication identifying infor-
mation 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 identi-
fication;
‘‘(5) the term ‘produce’ includes alter, authen-
ticate, or assemble; and
‘‘(6) the term ‘State’ includes any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any other common-
wealth, 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 pre-
scribed 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 dis-
position of the property and any related judicial or admin-
istrative 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 sub-
section (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 identi-
fication.’’.
(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. AMENDMENT OF FEDERAL SENTENCING GUIDE-
LINES 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 appro-
priate 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 sentenc-
ing guidelines;
(2) the number of means of identification, iden-
tification documents, or false identification docu-
ments (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 sentenc-
ing 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 enhance-
ments within the Federal sentencing guidelines and
the court’s authority to sentence above the applica-
ble guideline range are adequate to ensure punish-
ment 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 con-
strained 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 EDU-
CATION 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 Commis-
sion shall establish procedures to—
(1) log and acknowledge the receipt of com-
plaints 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 ac-
quired in violation of section 1028 of title 18, United
States Code, as amended by this Act;
(2) provide informational materials to individ-
uals 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 report-
ing 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 CRIMI-
NAL FORFEITURE PROCEDURES.—Section 982(b)(1) of
title 18, United States Code, is amended to read as fol-
lows: ‘‘(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 sub-
section (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 INTER-
CEPTION.—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 JUDI-
CIAL 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 indi-
vidual described in section 109(8) or 109(10) of this Act
if a finding is made by the Judicial Conference, in con-
sultation with United States Marshall Service, that reveal-
ing personal and sensitive information could endanger that
individual.
‘‘(B) A report may be redacted pursuant to this para-
graph only—
‘‘(i) to the extent necessary to protect the indi-
vidual who filed the report; and
‘‘(ii) for as long as the danger to such individ-
ual 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 an-
nual report with respect to the operation of this paragraph
including—
‘‘(i) the total number of reports redacted pursu-
ant to this paragraph;
‘‘(ii) the total number of individuals whose re-
ports have been redacted pursuant to this para-
graph; and
‘‘(iii) the types of threats against individuals
whose reports are redacted, if appropriate.
‘‘(D) The Judicial Conference, in consultation with
the Department of Justice, shall issue regulations setting
forth the circumstances under which redaction is appro-
priate under this paragraph and the procedures for redac-
tion.
‘‘(E) This paragraph shall expire on December 31,
2001, and apply to filings through calendar year 2001.’’.
Passed the House of Representatives October 7,
1998.
Attest:
Clerk.