[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1731 Enrolled Bill (ENR)]

        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 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:

``Sec. 1028A. Aggravated identity theft

    ``(a) Offenses.--
        ``(1) In general.--Whoever, during and in relation to any 
    felony violation enumerated in subsection (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, possesses, or uses, without lawful authority, 
    a means of identification of another person or a false 
    identification 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--
        ``(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 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 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 
    connection 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 
    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 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)--
            (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 ``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 section 
    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 
    directives, 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 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 appropriated for 
this purpose, there is authorized to be appropriated 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.