I
105TH CONGRESS
2D SESSION
H. R. 4151
To amend chapter 47 of title 18, United States Code, relating to identity
fraud, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1998
Mr. SHADEGG (for himself, Mr. CLEMENT, Ms. DELAURO, Mr. SANDERS, Mr.
HOSTETTLER, Mr. HOEKSTRA, Mr. SOLOMON, Mr. COBURN, Mr. BLUNT,
Ms. KILPATRICK, Mr. PASCRELL, Mr. WYNN, Ms. HOOLEY of Oregon,
Mr. SANDLIN, Mr. SOUDER, Mr. FILNER, Mr. HINCHEY, Mr. MANTON,
Mr. GUTIERREZ, Ms. SANCHEZ, Ms. PELOSI, Mrs. THURMAN, Mr. PITTS,
Ms. STABENOW, Mr. STUMP, Mr. ALLEN, Mr. ENGEL, Mr. VENTO, Mr.
KLECZKA, Mr. SALMON, Mr. HAYWORTH, Mr. MCINTOSH, Mr. SESSIONS,
Ms. DUNN, Mr. BASS, and Mr. LARGENT) introduced the following bill;
which was referred to the Committee on Judiciary
A BILL
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, 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; and
(3) by inserting after paragraph (6) the follow-
ing:
‘‘(7) knowingly and unlawfully—
‘‘(A) obtains, possesses, or transfers 5 or
more means of identification; or
‘‘(B) uses 1 or more means of identifica-
tion;’’.
(b) PENALTIES.—Section 1028(b) of title 18, United
States Code, is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘an identification document
or’’ and inserting ‘‘a means of identifica-
tion, an identification document, or a’’;
and
(ii) in clause (i), by inserting ‘‘a
means of identification or’’ before ‘‘identi-
fication document’’;
(B) in subparagraph (B), by striking
‘‘identification 
documents’’ 
and 
inserting
‘‘means of identification, identification docu-
ments,’’; and
(C) in subparagraph (C), by inserting ‘‘or
(7)(B)’’ after ‘‘paragraph (5)’’;
(2) in paragraph (2)(A), by striking ‘‘an identi-
fication document or’’ and inserting ‘‘a means of
identification, an identification document, or a’’; and
(3) by striking paragraphs (3) and (4) and in-
serting the following:
‘‘(3) a fine under this title or imprisonment for
not more than 20 years, or both—
‘‘(A) if the offense is committed to facili-
tate a drug trafficking crime (as defined in sec-
tion 929(a)(2) of this title);
‘‘(B) if the offense involves the abuse of a
position of public or private trust, in a manner
‘‘(2) 
DOCUMENT-MAKING
IMPLEMENT.—The
term ‘document-making implement’ means any im-
plement, impression, electronic device, or computer
hardware or software, that is specifically configured
or primarily used for making an identification docu-
ment, a false identification document, or another
document-making implement.
‘‘(3) 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 govern-
mental or an international quasi-governmental orga-
nization which, when completed with information
concerning a particular individual, is of a type in-
tended or commonly accepted for the purpose of
identification of individuals.
‘‘(4) 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 assume the identity of an indi-
vidual, 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;
‘‘(D) telecommunication identifying infor-
mation or access device (as defined in section
1029(e)); or
‘‘(E) other means of identification not
issued lawfully to the user.
‘‘(5) PERSONAL
IDENTIFICATION
CARD.—The
term ‘personal identification card’ means an identi-
fication document issued by a State or local govern-
ment solely for the purpose of identification.
‘‘(6) PRODUCE.—The term ‘produce’ includes
alter, authenticate, or assemble.
‘‘(7) SECOND OR SUBSEQUENT CONVICTION.—
The term ‘second or subsequent conviction’ includes
the finding of guilty by a judge or jury that nec-
essarily precedes the entry of a final judgment of
conviction.
‘‘(8) 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.
‘‘(9) VICTIM.—The term ‘victim’ means any
identifiable individual whose means of identification
has been assumed, stolen, or otherwise unlawfully
acquired.’’.
(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) 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 informa-
tion’’ at the end.
SEC. 4. 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 con-
nection with means of identification or identi-
fication documents); and’’; and
(2) by adding at the end the following:
‘‘(e) FRAUD AND RELATED ACTIVITY IN CONNEC-
TION WITH IDENTIFICATION DOCUMENTS AND INFORMA-
TION.—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 identifica-
tion 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 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.’’.
SEC. 5. 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 1028(d) of title 18, United
States Code, as amended by this Act) involved in the
offense, including harm to reputation, inconvenience,
and other difficulties resulting from the offense, is