H. R. 1731
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Identity Theft Penalty Enhance-
ment 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 relation to any
felony violation enumerated in subsection (c), knowingly trans-
fers, 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 imprisonment 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 identification of another person or a
false identification document shall, in addition to the punish-
ment provided for such felony, be sentenced to a term of impris-
onment of 5 years.
‘‘(b) CONSECUTIVE
SENTENCE.—Notwithstanding any other
provision of law—
‘‘(1) a court shall not place on probation any person con-
victed of a violation of this section;
‘‘(2) except as provided in paragraph (4), no term of impris-
onment 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 imposed for such crime so as to com-
pensate for, or otherwise take into account, any separate term
H. R. 1731—2
of imprisonment imposed or to be imposed for a violation of
this section; and
‘‘(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion 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 section 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 statements in connec-
tion with the acquisition of a firearm);
‘‘(4) any provision contained in this chapter (relating to
fraud and false statements), other than this section or section
1028(a)(7);
‘‘(5) any provision contained in chapter 63 (relating to
mail, bank, and wire fraud);
‘‘(6) any provision contained in chapter 69 (relating to
nationality and citizenship);
‘‘(7) any provision contained in chapter 75 (relating to
passports and visas);
‘‘(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C.
6823) (relating to obtaining customer information by false pre-
tenses);
‘‘(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 deportation 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 PROHIBITION.
Section 1028 of title 18, United States Code, is amended—
(1) in subsection (a)(7)—
H. R. 1731—3
(A) by striking ‘‘transfers’’ and inserting ‘‘transfers,
possesses,’’; and
(B) by striking ‘‘abet,’’ and inserting ‘‘abet, or in connec-
tion with,’’;
(2) in subsection (b)(1)(D), by striking ‘‘transfer’’ 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 ‘‘facilitate’’ the
following: ‘‘an act of domestic terrorism (as defined under sec-
tion 2331(5) of this title) or’’.
SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SECTION 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 accordance 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
offenses involving an abuse of position.
(b) REQUIREMENTS.—In carrying out this section, the United
States Sentencing Commission shall do the following:
(1) Amend U.S.S.G. section 3B1.3 (Abuse of Position 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 relevant direc-
tives, other sentencing guidelines, and statutory provisions.
(3) Make any necessary and conforming changes to the
sentencing guidelines.
(4) Ensure that the guidelines adequately meet the pur-
poses 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 appropriated
for this purpose, there is authorized to be appropriated to the
Department of Justice, for the investigation and prosecution of
H. R. 1731—4
identity theft and related credit card and other fraud cases consti-
tuting felony violations of law, $2,000,000 for fiscal year 2005
and $2,000,000 for each of the 4 succeeding fiscal years.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.