Identity Theft Penalty Enhancement Act
Latest action · Jul 15, 2004 Became Public Law No: 108-275.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 10, 2003
- Passed HouseJun 23, 2004
- Passed SenateJun 25, 2004
- To the PresidentJul 8, 2004
- Became lawJul 15, 2004Public Law 108-275
Summary
(This measure has not been amended since it was reported to the House on June 8, 2004. The summary of that version is repeated here.)
Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply.
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position.
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies.
Cosponsors 26
Members who signed on, in the order they did. Signatures ran from Apr 10, 2003 to May 4, 2004; 1 is an original cosponsor, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Original | Apr 10, 2003 |
| D-MA | Barney Frank | Jul 25, 2003 | |
| R-VA | Virgil H. Goode Jr. | Jul 25, 2003 | |
| D-HI | Ed Case | Sep 16, 2003 | |
| R-CA | Edward R. Royce | Sep 16, 2003 | |
| D-VA | James P. Moran | Sep 16, 2003 | |
| D-SC | John M. Spratt, Jr. | Sep 16, 2003 | |
| D-TX | Martin Frost | Sep 16, 2003 | |
| R-TX | Joe Barton | Sep 23, 2003 | |
| D-AR | Mike Ross | Sep 25, 2003 | |
| R-AL | Spencer Bachus | Oct 15, 2003 | |
| D-NY | Carolyn McCarthy | Jan 27, 2004 | |
| D-CA | Diane E. Watson | Jan 27, 2004 | |
| D-CA | Brad Sherman | Feb 4, 2004 | |
| R-CA | Devin Nunes | Feb 4, 2004 | |
| D-TX | Gene Green | Feb 4, 2004 | |
| D-NY | Major R. Owens | Feb 4, 2004 | |
| R-TX | Randy Neugebauer | Feb 4, 2004 | |
| D-WA | Brian Baird | Feb 24, 2004 | |
| D-IL | Janice D. Schakowsky | Feb 24, 2004 | |
| R-TX | Jeb Hensarling | Feb 24, 2004 | |
| R-TX | Lamar Smith | Feb 24, 2004 | |
| R-TX | Michael C. Burgess | Feb 24, 2004 | |
| R-OH | Robert W. Ney | Feb 24, 2004 | |
| R-NV | Jon C. Porter | Mar 30, 2004 | |
| R-CA | Elton Gallegly | May 4, 2004 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Apr 10, 2003Markup May 12, 2004Reported Jun 8, 2004 |
| Crime and Federal Government Surveillance Subcommittee | Referred May 5, 2003Hearings Mar 23, 2004Markup Mar 30, 2004Reported Mar 30, 2004 |
Actions 21
Everything that happened, newest first.
- Jul 15, 2004Signed by President.
- Jul 15, 2004Became Public Law No: 108-275.
- Jul 8, 2004Presented to President.
- Jun 25, 2004Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent. (consideration: CR S7527)
- Jun 25, 2004Message on Senate action sent to the House.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E2056 | John B. Shadegg R-AZ | Nov 18, 2004 |
| Senate | Debate and remarks S7527 | William H. Frist R-TN | Jun 25, 2004 |
| House | Debate and remarks H4808–H4811Text printed H4808 | Adam B. Schiff D-CA, F. James Sensenbrenner, Jr. R-WI, John R. Carter R-TX, Robert C. "Bobby" Scott D-VA | Jun 23, 2004 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- May 20, 2004H.R. 1731, Identity Theft Penalty Enhancement Act<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 12, 2004</p>
- May 20, 2004H.R. 1731, Identity Theft Penalty Enhancement ActCost estimate for the bill as ordered reported by the House Committee on the Judiciary on May 12, 2004
Printed hearings 4
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 108-128 | PROTECTING THE PRIVACY OF CONSUMERS' SOCIAL SECURITY NUMBERS65 pages | Energy and Commerce Committee | Sep 28, 2004 |
| Serial No. 108-59 | ENHANCING SOCIAL SECUIRTY NUMBER PRIVACY133 pages | Ways and Means Committee | Jun 15, 2004 |
| — | IDENTITY THEFT PENALTY ENHANCEMENT ACT, AND THE IDENTITY THEFT INVESTIGATION AND PROSECUTION ACT OF 200361 pages | Judiciary Committee | Mar 23, 2004 |
| Serial No. 108-28 | IDENTIFICATION DOCUMENTS FRAUD AND THE IMPLICATION FOR HOMELAND SECURITY93 pages | Homeland Security Committee | Oct 1, 2003 |
CRS reports 3
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 3
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R42114 | Federal Laws Relating to Cybersecurity: Overview of Major Issues, Current Laws, and Proposed Legislation Archived | Report | Dec 12, 2014 |
| R40599 | Identity Theft: Trends and Issues Archived | Report | Jan 16, 2014 |
| RL32309 | Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies Archived | Report | Jan 12, 2005 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 153 | Identity Theft Penalty Enhancement Act | Identical bill | May 5, 2003 |
| HR 858 | Identity Theft Penalty Enhancement Act | Related bill | Mar 6, 2003 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes.
- Short Titles as Introduced
- Identity Theft Penalty Enhancement Act
- Short Titles as Reported to House
- Identity Theft Penalty Enhancement Act
- Short Titles as Passed House
- Identity Theft Penalty Enhancement Act
- Short Titles as Passed Senate
- Identity Theft Penalty Enhancement Act
- Short Titles as Enacted
- Identity Theft Penalty Enhancement Act
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Administrative procedure
- Ammunition
- Authorization
- Bank fraud
- Bank records
- Citizenship
- Civil Rights and Liberties, Minority Issues
- Counterfeiting
- Credit cards
- Crime and Law Enforcement
- Criminal investigation
- Deportation
- EBB Terrorism
- Economics and Public Finance
- Embezzlement
- Employee benefit plans
- Finance and Financial Sector
- Firearms
- Firearms control
- Fraud
- Government Operations and Politics
- Health
- Health care fraud
- Identification devices
- Identity theft
- Illegal aliens
- Immigration
- International Affairs
- Labor and Employment
- Larceny
- Law
- Medicaid
- Medicare
- Old age, survivors and disability insurance
- Passports
- Pension funds
- Probation
- Prosecution
- Right of privacy
- Sentences (Criminal procedure)
- Sentencing guidelines
- Social security numbers
- Social Welfare
- Terrorism
- U.S. Sentencing Commission
- Visas
- Welfare fraud
Text 5
Each version as it was printed, newest first.
- —Enrolled Bill
- Jun 24, 2005Received in Senate
- Jun 23, 2004Engrossed in House
- Jun 8, 2004Reported in House
- Apr 10, 2003Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.