IDENTITY THEFT AND ASSUMPTION DETERRENCE ACTAs amended by Public Law 105-318, 112 Stat. 3007 (Oct. 30, 1998)An ActTo amend chapter 47 of title 18, United States Code, relating to identity fraud, and forother purposes. [NOTE: Oct. 30, 1998 - [H.R. 4151]Be it enacted by the Senate and House of Representatives of the United States of Americain Congress assembled, [NOTE: Identity Theft and Assumption Deterrence Act of 1998.]Sec.001. Short Title002. Constitutional Authority to Enact this Legislation.003. Identity Theft004. Amendment of Federal Sentencing Guidelines for Offenses Under Section 1028005. Centralized Complaint and Consumer Education Service for Victims of IdentityTheft006. Technical Amendments to Title 18, United States Code007. Redaction of Ethics Reports Filed by Judicial Officers and Employees§ 001. Short Title. [NOTE: 18 USC 1001 note.]This Act may be cited as the "Identity Theft and Assumption Deterrence Act of 1998".§ 002. Constitutional Authority to Enact this Legislation. [NOTE: 18 USC 1028 note.]The constitutional authority upon which this Act rests is the power of Congress to regulatecommerce with foreign nations and among the several States, and the authority to makeall laws which shall be necessary and proper for carrying into execution the powers vestedby the Constitution in the Government of the United States or in any department or officerthereof, as set forth in article I, section 8 of the United States Constitution.§ 003. Identity Theft.(a) Establishment of Offense.--Section 1028(a) of title 18, United States Code, isamended--(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 doso,"; and(4) by inserting after paragraph (6) the following:"(7) knowingly transfers or uses, without lawful authority, ameans of identification of another person with the intent tocommit, or to aid or abet, any unlawful activity that constitutes aviolation of Federal law, or that constitutes a felony under anyapplicable State or local law;".Page1of712/2/2007http://www.ftc.gov/os/statutes/itada/itadact.htm(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 suchsubsection that involves the transfer or use of 1 ormore means of identification if, as a result of theoffense, any individual committing the offenseobtains anything of value aggregating $1,000 ormore during any 1-year period;";(2) in paragraph (2)--(A) in subparagraph (A), by striking "or transfer of anidentification document or" and inserting ", transfer, or use of ameans 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 20years, or both, if the offense is committed--"(A) to facilitate a drug trafficking crime (as definedin section 929(a)(2));"(B) in connection with a crime of violence (asdefined in section 924(c)(3)); or"(C) after a prior conviction under this sectionbecomes 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 personalproperty used or intended to be used to commit theoffense; and".(c) Circumstances.--Section 1028(c) of title 18, United States Code, is amended bystriking paragraph (3) and inserting the following:"(3) either--"(A) the production, transfer, possession, or use prohibited byPage2of712/2/2007http://www.ftc.gov/os/statutes/itada/itadact.htmthis section is in or affects interstate or foreign commerce; or"(B) the means of identification, identification document, falseidentification document, or document- making implement istransported 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, isamended to read as follows:"(d) In this section--"(1) the term `document-making implement' means anyimplement, impression, electronic device, or computer hardwareor software, that is specifically configured or primarily used formaking an identification document, a false identificationdocument, or another document-making implement;"(2) the term `identification document' means a document madeor issued by or under the authority of the United StatesGovernment, a State, political subdivision of a State, a foreigngovernment, political subdivision of a foreign government, aninternational governmental or an international quasi-governmental organization which, when completed withinformation concerning a particular individual, is of a typeintended or commonly accepted for the purpose of identificationof individuals;"(3) the term `means of identification' means any name ornumber that may be used, alone or in conjunction with any otherinformation, to identify a specific individual, including any--"(A) name, social security number, date of birth,official State or government issued driver's licenseor identification number, alien registration number,government passport number, employer or taxpayeridentification number;"(B) unique biometric data, such as fingerprint,voice print, retina or iris image, or other uniquephysical representation;"(C) unique electronic identification number,address, or routing code; or"(D) telecommunication identifying information oraccess device (as defined in section 1029(e));"(4) the term `personal identification card' means anidentification document issued by a State or local governmentsolely 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, theDistrict of Columbia, the Commonwealth of Puerto Rico, andany other commonwealth, possession, or territory of the UnitedStates.".Page3of712/2/2007http://www.ftc.gov/os/statutes/itada/itadact.htm(e) Attempt and Conspiracy.--Section 1028 of title 18, United States Code, is amended byadding at the end the following:"(f ) Attempt and Conspiracy.--Any person who attempts or conspires tocommit
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