Home > 105th Congressional Bills > H.R. 4152 (ih) To provide retirement security for all Americans. ...

H.R. 4152 (ih) To provide retirement security for all Americans. ...


Google
 
Web GovRecords.org


105th CONGRESS
  2d Session
                                H. R. 4151


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 8 (legislative day, October 2), 1998

                                Received

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identity Theft and Assumption 
Deterrence Act of 1998''.

SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION.

    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 
        constitutes 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 aggregating $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 identification, an 
                identification document, or a''; and
                    (B) in subparagraph (B), by inserting ``or (7)'' 
                after ``(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), 
        forfeiture 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 
                prohibited by this section is in or affects interstate 
                or foreign commerce; or
                    ``(B) the means of identification, identification 
                document, 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 any 
        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' 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 governmental or an international 
        quasi-governmental organization which, when completed with 
        information concerning a particular individual, is of a type 
        intended or commonly accepted for the purpose 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 driver's license or 
                identification 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 representation;
                    ``(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 
        identification 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 
        information'' at the end.

SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES 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 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)--
            (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 
        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 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 
        sentences for the offense have been constrained 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 EDUCATION 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 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 
        appropriate 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, 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(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 JUDICIAL 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 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 Marshall 
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 Department 
of Justice, shall issue regulations setting forth the circumstances 
under which redaction is appropriate under this paragraph and the 
procedures for redaction.
    ``(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:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Pages: 1

Other Popular 105th Congressional Bills Documents:

1 S. 2274 (is) For the relief of Richard M. Barlow of Santa Fe, New Mexico. ...
2 H.R. 3664 (ih) To provide crop insurance coverage for tobacco crops, to provide extension services related to tobacco, and to provide for the administration of the Federal tobacco price support and quota programs at no expense to the Department of Agricul...
3 S. 2468 (es) To designate the Biscayne National Park Visitor Center as the Dante Fascell Visitor Center. ...
4 H.R. 766 (ih) To amend the Internal Revenue Code of 1986 to provide comprehensive pension protection for women. ...
5 H.Con.Res. 124 (pcs) Expressing the sense of the Congress regarding acts of illegal aggression by Canadian fishermen with respect to the Pacific salmon fishery, and for other purposes. ...
6 H.R. 3223 (rh) To designate the Federal building located at 300 East 8th Street in Austin, Texas, as the ``J.J. `Jake' Pickle Federal Building''. ...
7 S. 1175 (es) To reauthorize the Delaware Water Gap National Recreation Area Citizen Advisory Commission for 10 additional years. ...
8 H.Con.Res. 238 (rh) Authorizing the use of the Capitol Grounds for a breast cancer survivors event sponsored by the National Race for the Cure. ...
9 S.Con.Res. 1 (es) ...
10 H.R. 1252 (ih) To modify the procedures of the Federal courts in certain matters, and for other purposes. ...
11 H.Con.Res. 132 (ih) Relating to the Republic of China (Taiwan's) participation in the United Nations. ...
12 H.R. 1830 (ih) To provide for claim maintenance fees and royalties on hardrock mining claims, and for other purposes. ...
13 H.R. 4496 (ih) To amend the Internal Revenue Code of 1986 to provide tax incentives for land sales for conservation purposes. ...
14 H.R. 236 (ih) To prohibit Government contractors from being reimbursed by the Federal Government for certain environmental response costs. ...
15 H.R. 2564 (enr) To designate the United States Post Office located at 450 North Centre Street in Pottsville, Pennsylvania, as the ``Peter J. McCloskey Postal Facility''. ...
16 H.Res. 60 (ih) Providing amounts for the expenses of the Committee on Veterans' Affairs in the One Hundred Fifth Congress. ...
17 H.R. 2294 (rh) To make improvements in the operation and administration of the Federal courts, and for other purposes. ...
18 H.R. 2725 (ih) To amend part C of title XVIII of the Social Security Act to repeal the authority to offer private fee-for-service plans under the Medicare+Choice Program. ...
19 S. 1900 (rs) To establish a commission to examine issues pertaining to the disposition of Holocaust-era assets in the United States before, during, and after World War II, and to make recommendations to the President on further action, and for other purpo...
20 H.R. 1576 (ih) To provide for the continuation of the operations of the California Urban Environmental Research and Education Center. ...
21 H.Con.Res. 292 (ih) Calling for an end to the recent conflict between Eritrea and Ethiopia, and for other purposes. ...
22 S. 2194 (is) To amend the Arms Export Control Act to provide the President with discretionary authority to impose nuclear non-proliferation controls on a foreign country. ...
23 S.Res. 207 (is) Commemorating the 20th anniversary of the founding of the Vietnam Veterans of America. ...
24 S. 38 (is) To reduce the number of executive branch political appointees. ...
25 S.Con.Res. 88 (is) Calling on Japan to establish and maintain an open, competitive market for consumer photographic film and paper and other sectors facing market access barriers in Japan. ...
26 S. 1155 (is) To amend title 23, United States Code, to make safety a priority of the Federal-aid highway program. ...
27 H.R. 2897 (ih) To amend the Internal Revenue Code of 1986 to impose an excise tax on persons who operate vending machines that dispense tobacco products. ...
28 S. 547 (is) To provide for continuing appropriations in the absence of regular appropriations for fiscal year 1998. ...
29 H.R. 1805 (rh) To amend the Auburn Indian Restoration Act to establish restrictions related to gaming on and use of land held in trust for the United Auburn Indian Community of the Auburn Rancheria of California, and for other purposes. ...
30 S. 2057 (rfh) To authorize appropriations for fiscal year 1999 for military ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy