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Union Calendar No. 306 

108TH CONGRESS 

2D SESSION H.R. 1731 

[Report No. 108–528] 

To amend title 18, United States Code, to establish penalties for aggravated 

identity theft, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003 

Mr. CARTER (for himself and Mr. SCHIFF) introduced the following bill; which 

was referred to the Committee on the Judiciary 

JUNE 8, 2004 

Additional sponsors: Mr. GOODE, Mr. FRANK of Massachusetts, Mr. CASE, 

Mr. MORAN of Virginia, Mr. SPRATT, Mr. ROYCE, MR. FROST, Mr. BARTON of Texas, Mr. ROSS, Mr. BACHUS, Ms. WATSON, Mrs. MCCARTHY

of New York, Mr. NEUGEBAUER, Mr. OWENS, Mr. NUNES, Mr. SHERMAN, Mr. GREEN of Texas, Mr. NEY, Mr. HENSARLING, Ms. 

SCHAKOWSKY, Mr. BURGESS, Mr. SMITH of Texas, Mr. BAIRD, Mr. PORTER, and Mr. GALLEGLY

JUNE 8, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 10, 2003] 

A BILL 

To amend title 18, United States Code, to establish penalties 

for aggravated identity theft, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Identity Theft Penalty 

5 Enhancement Act’’. 

6 SEC. 2. AGGRAVATED IDENTITY THEFT. 

7 (a) IN GENERAL.—Chapter 47 of title 18, United 

8 States Code, is amended by adding after section 1028, the 

9 following: 

10 ‘‘§ 1028A. Aggravated identity theft 

11 ‘‘(a) OFFENSES.— 

12 ‘‘(1) IN GENERAL.—Whoever, during and in re13 lation to any felony violation enumerated in sub14 section (c), knowingly transfers, possesses, or uses, 

15 without lawful authority, a means of identification of 

16 another person shall, in addition to the punishment 

17 provided for such felony, be sentenced to a term of im18 prisonment of 2 years. 

19 ‘‘(2) TERRORISM OFFENSE.—Whoever, during 

20 and in relation to any felony violation enumerated in 

21 section 2332b(g)(5)(B), knowingly transfers, possesses, 

22 or uses, without lawful authority, a means of identi23 fication of another person or a false identification 

24 document shall, in addition to the punishment pro-
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1 vided for such felony, be sentenced to a term of im2 prisonment of 5 years. 

3 ‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding any 

4 other provision of law— 

5 ‘‘(1) a court shall not place on probation any 

6 person convicted of a violation of this section; 

7 ‘‘(2) except as provided in paragraph (4), no 

8 term of imprisonment imposed on a person under this 

9 section shall run concurrently with any other term of 

10 imprisonment imposed on the person under any other 

11 provision of law, including any term of imprisonment 

12 imposed for the felony during which the means of 

13 identification was transferred, possessed, or used; 

14 ‘‘(3) in determining any term of imprisonment 

15 to be imposed for the felony during which the means 

16 of identification was transferred, possessed, or used, a 

17 court shall not in any way reduce the term to be im18 posed for such crime so as to compensate for, or other19 wise take into account, any separate term of impris20 onment imposed or to be imposed for a violation of 

21 this section; and 

22 ‘‘(4) a term of imprisonment imposed on a per23 son for a violation of this section may, in the discre24 tion of the court, run concurrently, in whole or in 

25 part, only with another term of imprisonment that is 
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1 imposed by the court at the same time on that person 

2 for an additional violation of this section, provided 

3 that such discretion shall be exercised in accordance 

4 with any applicable guidelines and policy statements 

5 issued by the Sentencing Commission pursuant to sec6 tion 994 of title 28. 

7 ‘‘(c) DEFINITION.—For purposes of this section, the 

8 term ‘felony violation enumerated in subsection (c)’ means 

9 any offense that is a felony violation of— 

10 ‘‘(1) section 641 (relating to theft of public 

11 money, property, or rewards), section 656 (relating to 

12 theft, embezzlement, or misapplication by bank officer 

13 or employee), or section 664 (relating to theft from 

14 employee benefit plans); 

15 ‘‘(2) section 911 (relating to false personation of 

16 citizenship); 

17 ‘‘(3) section 922(a)(6) (relating to false state18 ments in connection with the acquisition of a fire19 arm); 

20 ‘‘(4) any provision contained in this chapter (re21 lating to fraud and false statements), other than this 

22 section or section 1028(a)(7); 

23 ‘‘(5) any provision contained in chapter 63 (re24 lating to mail, bank, and wire fraud); 
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1 ‘‘(6) any provision contained in chapter 69 (re2 lating to nationality and citizenship); 

3 ‘‘(7) any provision contained in chapter 75 (re4 lating to passports and visas); 

5 ‘‘(8) section 523 of the Gramm-Leach-Bliley Act 

6 (15 U.S.C. 6823) (relating to obtaining customer in7 formation by false pretenses); 

8 ‘‘(9) section 243 or 266 of the Immigration and 

9 Nationality Act (8 U.S.C. 1253 and 1306) (relating 

10 to willfully failing to leave the United States after de11 portation and creating a counterfeit alien registration 

12 card); 

13 ‘‘(10) any provision contained in chapter 8 of 

14 title II of the Immigration and Nationality Act (8 

15 U.S.C. 1321 et seq.) (relating to various immigration 

16 offenses); or 

17 ‘‘(11) section 208, 811, 1107(b), 1128B(a), or 

18 1632 of the Social Security Act (42 U.S.C. 408, 1011, 

19 1307(b), 1320a–7b(a), and 1383a) (relating to false 

20 statements relating to programs under the Act).’’. 

21 (b) AMENDMENT TO CHAPTER ANALYSIS.—The table 

22 of sections for chapter 47 of title 18, United States Code, 

23 is amended by inserting after the item relating to section 

24 1028 the following new item: 

‘‘1028A. Aggravated identity theft.’’. 
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1 (c) APPLICATION OF DEFINITIONS FROM SECTION

2 1028.—Section 1028(d) of title 18, United States Code, is 

3 amended by inserting ‘‘and section 1028A’’ after ‘‘In this 

4 section’’. 

5 SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PRO6 HIBITION. 

7 Section 1028 of title 18, United States Code, is amend8 ed— 

9 (1) in subsection (a)(7)— 

10 (A) by striking ‘‘transfers’’ and inserting 

11 ‘‘transfers, possesses,’’; and 

12 (B) by striking ‘‘abet,’’ and inserting ‘‘abet, 

13 or in connection with,’’; 

14 (2) in subsection (b)(1)(D), by striking ‘‘trans15 fer’’ and inserting ‘‘transfer, possession,’’; 

16 (3) in subsection (b)(2), by striking ‘‘three years’’ 

17 and inserting ‘‘5 years’’; and 

18 (4) in subsection (b)(4), by inserting after ‘‘fa19 cilitate’’ the following: ‘‘an act of domestic terrorism 

20 (as defined under section 2331(5) of this title) or’’. 

21 SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SEC22 TION 641. 

23 The penultimate paragraph of section 641 of title 18 

24 of the United States Code is amended by inserting ‘‘in the 

25 aggregate, combining amounts from all the counts for which 
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1 the defendant is convicted in a single case,’’ after ‘‘value 

2 of such property’’ . 

3 SEC. 5. DIRECTIVE TO THE UNITED STATES SENTENCING 

4 COMMISSION. 

5 (a) IN GENERAL.—Pursuant to its authority under 

6 section 994(p) of title 28, United States Code, and in ac7 cordance with this section, the United States Sentencing 

8 Commission shall review and amend its guidelines and its 

9 policy statements to ensure that the guideline offense levels 

10 and enhancements appropriately punish identity theft of11 fenses involving an abuse of position. 

12 (b) REQUIREMENTS.—In carrying out this section, the 

13 United States Sentencing Commission shall do the fol14 lowing: 

15 (1) Amend U.S.S.G. section 3B1.3 (Abuse of Po16 sition of Trust of Use of Special Skill) to apply to 

17 and punish offenses in which the defendant exceeds or 

18 abuses the authority of his or her position in order 

19 to obtain unlawfully or use without authority any 

20 means of identification, as defined section 1028(d)(4) 

21 of title 18, United States Code. 

22 (2) Ensure reasonable consistency with other rel23 evant directives, other sentencing guidelines, and stat24 utory provisions. 
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1 (3) Make any necessary and conforming changes 

2 to the sentencing guidelines. 

3 (4) Ensure that the guidelines adequately meet 

4 the purposes of sentencing set forth in section 

5 3553(a)(2) of title 18, United States Code. 

6 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

7 In addition to any other sums authorized to be appro8 priated for this purpose, there is authorized to be appro9 priated to the Department of Justice, for the investigation 

10 and prosecution of identity theft and related credit card 

11 and other fraud cases constituting felony violations of law, 

12 $2,000,000 for fiscal year 2005 and $2,000,000 for each of 

13 the 4 succeeding fiscal years. 

Union Calendar No. 306 

108TH CONGRESS 

2D SESSION H.R. 1731 

[Report No. 108–528] 

A BILL 

To amend title 18, United States Code, to establish 

other purposes. penalties for aggravated identity theft, and for 

JUNE 8, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,