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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 
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, pos-
sesses, or uses, without lawful authority, a means of 
identification of another person or a false identifica-
tion document shall, in addition to the punishment 
provided for such felony, be sentenced to a term of 
imprisonment of 5 years. 
‘‘(b) CONSECUTIVE
SENTENCE.—Notwithstanding 
any other provision of law—
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‘‘(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 im-
prisonment 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 compensate for, or 
otherwise take into account, any separate term of 
imprisonment imposed or to be imposed for a viola-
tion 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
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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 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);
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‘‘(8) section 523 of the Gramm-Leach-Bliley 
Act (15 U.S.C. 6823) (relating to obtaining cus-
tomer information 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 
deportation and creating a counterfeit alien registra-
tion 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 immigra-
tion 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’’.
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SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PRO-
HIBITION. 
Section 1028 of title 18, United States Code, is 
amended— 
(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’’ .
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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 lev-
els 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 fol-
lowing: 
(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 ex-
ceeds or abuses the authority of his or her position 
in order to obtain unlawfully or use without author-
ity any means of identification, as defined section 
1028(d)(4) of title 18, United States Code. 
(2) Ensure reasonable consistency with other 
relevant directives, other sentencing guidelines, and 
statutory provisions. 
(3) Make any necessary and conforming 
changes to the sentencing guidelines.
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(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. 
Passed the House of Representatives June 23, 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.