IB 
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. BAR-
TON of Texas, Mr. ROSS, Mr. BACHUS, Ms. WATSON, Mrs. MCCARTHY 
of New York, Mr. NEUGEBAUER, Mr. OWENS, Mr. NUNES, Mr. SHER-
MAN, Mr. GREEN
of Texas, Mr. NEY, Mr. HENSARLING, Ms. 
SCHAKOWSKY, Mr. BURGESS, Mr. SMITH of Texas, Mr. BAIRD, Mr. POR-
TER, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Identity Theft Penalty 
Enhancement Act’’. 
SEC. 2. AGGRAVATED IDENTITY THEFT. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding after section 1028, the 
following: 
‘‘§ 1028A. Aggravated identity theft 
‘‘(a) OFFENSES.— 
‘‘(1) IN GENERAL.—Whoever, during and in re-
lation to any felony violation enumerated in sub-
section (c), knowingly transfers, possesses, or uses, 
without lawful authority, a means of identification of 
another person shall, in addition to the punishment 
provided for such felony, be sentenced to a term of im-
prisonment of 2 years. 
‘‘(2) TERRORISM
OFFENSE.—Whoever, during 
and in relation to any felony violation enumerated in 
section 2332b(g)(5)(B), knowingly transfers, possesses, 
or uses, without lawful authority, a means of identi-
fication of another person or a false identification 
document shall, in addition to the punishment pro-
vided for such felony, be sentenced to a term of im-
prisonment of 5 years. 
‘‘(b) CONSECUTIVE SENTENCE.—Notwithstanding any 
other provision of law— 
‘‘(1) a court shall not place on probation any 
person convicted of a violation of this section; 
‘‘(2) except as provided in paragraph (4), no 
term of imprisonment imposed on a person under this 
section shall run concurrently with any other term of 
imprisonment imposed on the person under any other 
provision of law, including any term of imprisonment 
imposed for the felony during which the means of 
identification was transferred, possessed, or used; 
‘‘(3) in determining any term of imprisonment 
to be imposed for the felony during which the means 
of identification was transferred, possessed, or used, a 
court shall not in any way reduce the term to be im-
posed for such crime so as to compensate for, or other-
wise take into account, any separate term of impris-
onment imposed or to be imposed for a violation of 
this section; and 
‘‘(4) a term of imprisonment imposed on a per-
son for a violation of this section may, in the discre-
tion of the court, run concurrently, in whole or in 
part, only with another term of imprisonment that is
imposed by the court at the same time on that person 
for an additional violation of this section, provided 
that such discretion shall be exercised in accordance 
with any applicable guidelines and policy statements 
issued by the Sentencing Commission pursuant to sec-
tion 994 of title 28. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘felony violation enumerated in subsection (c)’ means 
any offense that is a felony violation of— 
‘‘(1) section 641 (relating to theft of public 
money, property, or rewards), section 656 (relating to 
theft, embezzlement, or misapplication by bank officer 
or employee), or section 664 (relating to theft from 
employee benefit plans); 
‘‘(2) section 911 (relating to false personation of 
citizenship); 
‘‘(3) section 922(a)(6) (relating to false state-
ments in connection with the acquisition of a fire-
arm); 
‘‘(4) any provision contained in this chapter (re-
lating to fraud and false statements), other than this 
section or section 1028(a)(7); 
‘‘(5) any provision contained in chapter 63 (re-
lating to mail, bank, and wire fraud);
‘‘(6) any provision contained in chapter 69 (re-
lating to nationality and citizenship); 
‘‘(7) any provision contained in chapter 75 (re-
lating to passports and visas); 
‘‘(8) section 523 of the Gramm-Leach-Bliley Act 
(15 U.S.C. 6823) (relating to obtaining customer in-
formation by false pretenses); 
‘‘(9) section 243 or 266 of the Immigration and 
Nationality Act (8 U.S.C. 1253 and 1306) (relating 
to willfully failing to leave the United States after de-
portation and creating a counterfeit alien registration 
card); 
‘‘(10) any provision contained in chapter 8 of 
title II of the Immigration and Nationality Act (8 
U.S.C. 1321 et seq.) (relating to various immigration 
offenses); or 
‘‘(11) section 208, 811, 1107(b), 1128B(a), or 
1632 of the Social Security Act (42 U.S.C. 408, 1011, 
1307(b), 1320a–7b(a), and 1383a) (relating to false 
statements relating to programs under the Act).’’. 
(b) AMENDMENT TO CHAPTER ANALYSIS.—The table 
of sections for chapter 47 of title 18, United States Code, 
is amended by inserting after the item relating to section 
1028 the following new item: 
‘‘1028A. Aggravated identity theft.’’.
(c) APPLICATION
OF DEFINITIONS FROM SECTION 
1028.—Section 1028(d) of title 18, United States Code, is 
amended by inserting ‘‘and section 1028A’’ after ‘‘In this 
section’’. 
SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PRO-
HIBITION. 
Section 1028 of title 18, United States Code, is amend-
ed— 
(1) in subsection (a)(7)— 
(A) by striking ‘‘transfers’’ and inserting 
‘‘transfers, possesses,’’; and 
(B) by striking ‘‘abet,’’ and inserting ‘‘abet, 
or in connection with,’’; 
(2) in subsection (b)(1)(D), by striking ‘‘trans-
fer’’ and inserting ‘‘transfer, possession,’’; 
(3) in subsection (b)(2), by striking ‘‘three years’’ 
and inserting ‘‘5 years’’; and 
(4) in subsection (b)(4), by inserting after ‘‘fa-
cilitate’’ the following: ‘‘an act of domestic terrorism 
(as defined under section 2331(5) of this title) or’’. 
SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SEC-
TION 641. 
The penultimate paragraph of section 641 of title 18 
of the United States Code is amended by inserting ‘‘in the 
aggregate, combining amounts from all the counts for which
the defendant is convicted in a single case,’’ after ‘‘value 
of such property’’ . 
SEC. 5. DIRECTIVE TO THE UNITED STATES SENTENCING 
COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and amend its guidelines and its 
policy statements to ensure that the guideline offense levels 
and enhancements appropriately punish identity theft of-
fenses involving an abuse of position. 
(b) REQUIREMENTS.—In carrying out this section, the 
United States Sentencing Commission shall do the fol-
lowing: 
(1) Amend U.S.S.G. section 3B1.3 (Abuse of Po-
sition of Trust of Use of Special Skill) to apply to 
and punish offenses in which the defendant exceeds or 
abuses the authority of his or her position in order 
to obtain unlawfully or use without authority any 
means of identification, as defined section 1028(d)(4) 
of title 18, United States Code. 
(2) Ensure reasonable consistency with other rel-
evant directives, other sentencing guidelines, and stat-
utory provisions.
(3) Make any necessary and conforming changes 
to the sentencing guidelines. 
(4) Ensure that the guidelines adequately meet 
the purposes of sentencing set forth in section 
3553(a)(2) of title 18, United States Code. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any other sums authorized to be appro-
priated for this purpose, there is authorized to be appro-
priated to the Department of Justice, for the investigation 
and prosecution of identity theft and related credit card 
and other fraud cases constituting felony violations of law, 
$2,000,000 for fiscal year 2005 and $2,000,000 for each of 
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 
penalties for aggravated identity theft, and for 
other purposes. 
JUNE 8, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed