HR 1731 · 108th Congress 2003–2005, ended

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.

  1. IntroducedApr 10, 2003
  2. Passed HouseJun 23, 2004
  3. Passed SenateJun 25, 2004
  4. To the PresidentJul 8, 2004
  5. 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.

SeatCosponsorSigned on
D-CAAdam B. SchiffOriginalApr 10, 2003
D-MABarney FrankJul 25, 2003
R-VAVirgil H. Goode Jr.Jul 25, 2003
D-HIEd CaseSep 16, 2003
R-CAEdward R. RoyceSep 16, 2003
D-VAJames P. MoranSep 16, 2003
D-SCJohn M. Spratt, Jr.Sep 16, 2003
D-TXMartin FrostSep 16, 2003
R-TXJoe BartonSep 23, 2003
D-ARMike RossSep 25, 2003
R-ALSpencer BachusOct 15, 2003
D-NYCarolyn McCarthyJan 27, 2004
D-CADiane E. WatsonJan 27, 2004
D-CABrad ShermanFeb 4, 2004
R-CADevin NunesFeb 4, 2004
D-TXGene GreenFeb 4, 2004
D-NYMajor R. OwensFeb 4, 2004
R-TXRandy NeugebauerFeb 4, 2004
D-WABrian BairdFeb 24, 2004
D-ILJanice D. SchakowskyFeb 24, 2004
R-TXJeb HensarlingFeb 24, 2004
R-TXLamar SmithFeb 24, 2004
R-TXMichael C. BurgessFeb 24, 2004
R-OHRobert W. NeyFeb 24, 2004
R-NVJon C. PorterMar 30, 2004
R-CAElton GalleglyMay 4, 2004

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary 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.

  1. Jul 15, 2004Signed by President.
  2. Jul 15, 2004Became Public Law No: 108-275.
  3. Jul 8, 2004Presented to President.
  4. Jun 25, 2004Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent. (consideration: CR S7527)
  5. 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.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E2056John B. Shadegg R-AZNov 18, 2004
SenateDebate and remarks S7527William H. Frist R-TNJun 25, 2004
HouseDebate and remarks H4808–H4811Text printed H4808Adam B. Schiff D-CA, F. James Sensenbrenner, Jr. R-WI, John R. Carter R-TX, Robert C. "Bobby" Scott D-VAJun 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

  1. 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>
  2. 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.

NumberHearingCommitteeHeld
Serial No. 108-128PROTECTING THE PRIVACY OF CONSUMERS' SOCIAL SECURITY NUMBERS65 pagesEnergy and Commerce CommitteeSep 28, 2004
Serial No. 108-59ENHANCING SOCIAL SECUIRTY NUMBER PRIVACY133 pagesWays and Means CommitteeJun 15, 2004
—IDENTITY THEFT PENALTY ENHANCEMENT ACT, AND THE IDENTITY THEFT INVESTIGATION AND PROSECUTION ACT OF 200361 pagesJudiciary CommitteeMar 23, 2004
Serial No. 108-28IDENTIFICATION DOCUMENTS FRAUD AND THE IMPLICATION FOR HOMELAND SECURITY93 pagesHomeland Security CommitteeOct 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.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 153Identity Theft Penalty Enhancement ActIdentical billMay 5, 2003
HR 858Identity Theft Penalty Enhancement ActRelated billMar 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.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jun 24, 2005Received in Senate
  3. Jun 23, 2004Engrossed in House
  4. Jun 8, 2004Reported in House
  5. Apr 10, 2003Introduced in House

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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.