Identity Theft and Assumption Deterrence Act of 1998

PUBLIC LAW 105-318—OCT. 30, 1998 112 STAT. 3007
Public Law 105-318
105th Congress
An Act
To amend chapter 47 of title 18, United States Code, relating to identity fraud, Oct. 30, 1998
and for other purposes. [H R 4151]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, Identity Theft
and Assumption
SECTION 1. SHORT TITLE. Deterrence Act of
1998
This Act may be cited as the "Identity Theft and Assumption ig use lOOl
Deterrence Act of 1998". note.
SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION. 18 USC 1028
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 authority to make all laws
which shall be necessary and proper 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 following:
"(7) knowingly transfers or uses, without lawful authority,
a means of identification of another person with the intent
to commit, or to aid or abet, any unlawful activity that con­
stitutes 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 aggregat­
ing $1,000 or more during any 1-year period;";
(2) in paragraph (2)— 112 STAT. 3008 PUBLIC LAW 105-318—OCT. 30, 1998
(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 docu­
ment, or a"; and
(B) in subparagraph (B), by inserting "or (7)" sifter
"(3)";
(3) by amending paragraph (3) to read as follows:
"(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 paragraph (6); and
(6) by inserting after paragraph (4) the following:
"(5) in the case of any offense under subsection (a), forfeit­
ure 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 prohib­
ited by this section is in or affects interstate or foreign
commerce; or
"(B) the means of identification, identification docu­
ment, 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.—Subsection (d) of section 1028 of title 18,
United States Code, is amended to read as follows:
"(d) In this section—
"(1) the term 'document-making implement' means £iny
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) the term 'identification document' mesins 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-govern­
mental organization which, when completed with information
concerning a particular individual, is of a type intended or
commonly accepted for the purpose of identification of individ­
uals;
"(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, includ­
ing any—
"(A) name, social security number, date of birth, official
State or government issued driver's license or identification PUBLIC LAW 105-318—OCT. 30, 1998 112 STAT. 3009
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 rep­
resentation;
"(C) unique electronic identification number, address,
or routing code; or
"(D) telecommunication identifying information or
access device (as defined in section 1029(e));
"(4) the term 'personal identification card' means an identi­
fication document issued by a State or local government solely
for the purpose of identification;
"(5) the term 'produce* includes alter, authenticate, or
assemble; and
"(6) 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.".
(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 informa­
tion" at the end.
SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDEUNES FOR 28 USC 994 note.
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 guide­
lines 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)— 112 STAT. 3010 PUBLIC LAW 105-318—OCT. 30, 1998
(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 individ­
ual caused by the offense is an adequate measure for establish­
ing 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 sen­
tences for the offense have been constrained by statutory maxi­
mum 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.
18 use 1028 SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION
note. SERVICE FOR VICTIMS OF IDENTITY THEFT.
Deadline. (a) IN GENERAL.—^Not later than 1 year after the date of enact­
ment 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 appro­
priate 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, PUBLIC LAW 105-318—OCT. 30, 1998 112 STAT. 3011
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(l)(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 JUDICIAL OFFI­
CERS 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 individual described
in section 109(8) or 109(10) of this Act if a finding is made by
the Judicial Conference, in consultation with United States Mar­
shall Service, that revealing personal and sensitive information
could endanger that individual.
"(B) A report may be redacted pursuant to this paragraph
only—
"(i) to the extent necessary to protect the individual who
filed the report; and
"(ii) for as long as the danger to such individual 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 annual report with respect
to the operation of this paragraph including—
"(i) the total number of reports redacted pursuant to this
paragraph;
"(ii) the total number of individuals whose reports have _
been redacted pursuant to this paragraph; and
"(iii) the types of threats against individuals whose reports
are redacted, if appropriate.
"(D) The Judicial Conference, in consultation with the Depart- Regulations,
ment of Justice, shall issue regulations setting forth the cir­
cumstances under which redaction is appropriate under this para­
graph and the procedures for redaction. 112 STAT. 3012 PUBLIC LAW 105-318—OCT. 30, 1998
Expiration date. "(E) This paragraph shall expire on December 31, 2001, and
apply to filings through calendar year 2001.".
Approved October 30, 1998.
LEGISLATIVE HISTORY—H.R. 4151 (S. 512):
SENATE REPORTS: No. 105-274 accompanying S. 512 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 7, considered and passed House.
Oct. 14, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 30, Presidential statement.