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, set forth
in article I, section 8 of the United States Constitution.
SEC. 3. IDENTITY FRAUD.
(a) ESTABLISHMENT OF OFFENSE.—
(1) IN
GENERAL.—Chapter 47 of title 18,
United States Code, is amended by adding at the
end the following:
‘‘§ 1036. Identity fraud
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘communication facility’ has the
meaning given that term in section 403(b) of the
Controlled Substances Act (21 U.S.C. 843(b));
‘‘(2) 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);
‘‘(3) 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;
‘‘(4) the term ‘identification device’ means any
physical, mechanical, or electronic representation of
a personal identifier or any personal information or
data; and
‘‘(5) 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) PROHIBITION.—Whoever in interstate or foreign
commerce, or through the use of a communication facility,
knowingly, with intent to defraud, and in order to receive
payment or any other thing of value the aggregate value
of which is equal to or greater than $1,000—
‘‘(1) receives, acquires, obtains, purchases, sells,
transfers, traffics in, or steals, or attempts to re-
ceive, acquire, obtain, purchase, sell, transfer, traffic
in, or steal, or otherwise causes or solicits another
to do the same, any personal identifier, identification
device, personal information or data, or other docu-
ment or means of identification of any entity or per-
son;
‘‘(2) possesses or uses, or attempts to possess
or use, or otherwise causes or solicits another to do
the same, any personal identifier, identification de-
vice, personal information or data, or other docu-
ment or means of identification of any entity or per-
son; or
‘‘(3) assumes, adopts, takes, acquires, or uses,
or attempts to assume, adopt, take, acquire, or use,
or otherwise causes or solicits another to do the
same, the identity of any entity or person;
shall be fined under this title, imprisoned not more than
15 years, or both.
‘‘(c) CONSPIRACY.—Whoever is a party to a conspir-
acy of 2 or more persons to commit an offense described
in subsection (b), if any of the parties engages in any con-
duct in furtherance of the offense, shall be fined in an
amount not to exceed the amount of the fine to which that
person would be subject for that offense under subsection
(b), imprisoned not more than 7.5 years, or both.’’.
(2) INVESTIGATIVE AUTHORITY.—In addition to
any other agency having such authority, the United
States Secret Service may investigate any offense
under section 1036 of title 18, United States Code
(as added by this subsection), except that the exer-
cise 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 Treas-
ury and the Attorney General.
(3) SENTENCING ENHANCEMENT.—Pursuant to
its authority under section 994(p) of title 28, United
States Code, the United States Sentencing Commis-
sion shall amend the Federal sentencing guidelines
to provide for sentencing enhancements under chap-
ter 2 of the Federal sentencing guidelines for a de-
fendant who is convicted of an offense under section
1036 of title 18, United States Code, in connection
with an offense under section 513, 514, 1028, 1029,
1341, 1342, 1343, 1344, or 1708 of title 18, United
States Code, as follows:
(A) A sentencing enhancement of—
(i) 1 level, if the offense involves not
more than 1 victim;
(ii) 2 levels, if the offense involves not
less than 2 and not more than 4 victims;
or
(iii) 3 levels, if the offense involves 5
or more victims.
(B) An appropriate sentencing enhance-
ment, if the offense involves stealing or destroy-
ing a quantity of undelivered United States
mail, in violation of section 1702, 1703, 1708,
1709, 2114, or 2115 of title 18, United States
Code.
(C) An appropriate sentencing enhance-
ment based on the potential loss (as opposed to
the actual loss) that could have resulted from
an identity theft offense (i.e. the line of credit
of the access device, etc.).
(4) CLERICAL AMENDMENT.—The analysis for
chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
‘‘1036. Identity fraud.’’.
(b) 
FORFEITURE
OF
CONTRABAND.—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) 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 1036
(relating to identity fraud); and’’; and
(2) by adding at the end the following:
‘‘(e) IDENTITY FRAUD.—Making restitution to a vic-
tim under this section for an offense described in section
1036 (relating to identity fraud) may include payment for
any costs, including attorney fees, incurred by the vic-
tim—
‘‘(1) in clearing the credit history or credit rat-
ing of the victim; or
‘‘(2) in connection with any civil or administra-
tive proceeding to satisfy any debt, lien, or other ob-
ligation of the victim arising as a result of the ac-
tions of the defendant.’’.
(d) IDENTITY FRAUD INFORMATION AND STUDY; IN-
CLUSION IN SUSPICIOUS ACTIVITY REPORTS.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘financial institution’’ has
the same meaning as in section 20 of title 18,
United States Code; and
(B) the term ‘‘identity fraud’’ means an
offense described in section 1036 of title 18,
United States Code (as added by subsection (a)
of this section).