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Bill105th CongressFiled Mar 21, 1997Crime and Law Enforcement
S. 512

Identity Theft and Assumption Deterrence Act of 1998

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What it doesSummary passed senate amended (Jul 30, 1998)

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual.

Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970.

Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions.

Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors.

Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.

What just happenedAug 11, 1998

Referred to the Subcommittee on Crime.

Who’s behind it

Sen. Kyl, Jon [R-AZ](R-AZ)Sponsor
5 cosponsors2 D3 R
Read on Congress.gov
5cosponsors2committees19actions1amendments1related bills42subjects
  1. Aug 11, 1998CommitteeH11000

    Referred to the Subcommittee on Crime.

    Crime and Federal Government Surveillance Subcommittee
  2. Jul 31, 1998IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  3. Jul 31, 1998Floor

    Message on Senate action sent to the House.

  4. Jul 31, 1998FloorH14000

    Received in the House.

  5. Jul 30, 1998Floor

    Passed Senate with an amendment by Unanimous Consent.

  6. Jul 30, 1998Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  7. Jul 30, 1998Floor

    The committee substitute as amended agreed to by Unanimous Consent.

  8. Jul 30, 1998Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S9501-9504)

  9. Jul 29, 1998Floor

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-274. Additional views filed.

    Judiciary Committee
  10. Jul 29, 1998Committee14900

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-274. Additional views filed.

    Judiciary Committee
  11. Jul 9, 1998Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 460.

  12. Jul 9, 1998Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  13. Jul 9, 1998Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  14. Jul 9, 1998Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  15. May 20, 1998Committee

    Subcommittee on Technology, Terrorism, Government. Hearings held. Hearings printed: S.Hrg. 105-779.

    Terrorism and Homeland Security Subcommittee
  16. Mar 29, 1998Committee

    Referred to Subcommittee on Technology, Terrorism, Government.

    Terrorism and Homeland Security Subcommittee
  17. Mar 21, 1997IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  18. Mar 21, 1997IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S2741-2742)

  19. Mar 21, 1997IntroReferral10000

    Introduced in Senate

Passed Senate amendedJul 30, 199835

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual.

Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides that the forfeiture of property under identity fraud provisions shall be governed by the criminal forfeiture provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970.

Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions.

Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors.

Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.

Reported to Senate with amendment(s)Jul 9, 199801

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly possess, transfer, or use, without lawful authority, a means of identification of another person with the intent to commit, or otherwise promote, carry on, or facilitate any unlawful activity that constitutes a violation of Federal law or a felony under State or local law. Defines such "means of identification" as any name or number that may be used to identify a specific individual.

Prescribes criminal penalties for first and subsequent offenses involving fraud and related activity in connection with identification documents (identity fraud), including for such offenses committed in connection with other specified crimes. Subjects to the same penalties any person who attempts or conspires to commit such an offense.

Provides for mandatory restitution for identity fraud victims which may include payment of any costs, including attorney's fees, incurred: (1) in clearing a credit history or rating; or (2) in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation arising as a result of the defendant's actions.

Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide an appropriate penalty for such offenses, taking into account specified factors.

Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaint to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations.

Introduced in SenateMar 21, 199700

Identity Theft and Assumption Deterrence Act of 1997 - Amends the Federal criminal code to provide penalties against any person who knowingly, and with intent to deceive or defraud, obtains, uses, or attempts to obtain or use one or more means of identification other than that lawfully issued to such person. Authorizes the U.S. Secret Service to investigate such offenses. Directs the U.S. Sentencing Commission to provide sentencing enhancements in connection with such offenses in relation to the number of victims involved. Provides forfeiture and restitution requirements with respect to such offense.

Directs the Secret Service to collect and maintain specified information concerning identity fraud cases. Directs the Secretary of the Treasury and the Chairman of the Federal Trade Commission to study and report to the Congress on the nature and extent of identity fraud as well its threat to financial institutions and payment systems and consumer safety and privacy.