Page:United States Statutes at Large Volume 112 Part 5.djvu/249

 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 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)—

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