[Congressional Record Volume 149, Number 44 (Wednesday, March 19, 2003)]
[Senate]
[Pages S4031-S4032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 IDENTITY THEFT PENALTY ENHANCEMENT ACT

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 8, S. 153.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 153) to amend title 18, United States Code, to 
     establish penalties for aggravated identity theft, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. NICKLES. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 153) was read the third time and passed, as follows:

                                 S. 153

       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 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

[[Page S4032]]

     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 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, 1107(b), or 1128B(a) of the Social 
     Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a)) 
     (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.''.

     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''.

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