Title 18 — Crimes and Criminal Procedure — § 1028. Fraud and related activity in connection with identification documents, authentication features, and information
Summary
This U.S. Code page prints 18 U.S.C. § 1028, the federal crime of fraud and related activity in connection with identification documents, authentication features and information, with the end of § 1027 (false statements in documents required by the Employee Retirement Income Security Act of 1974) and the start of § 1028A, aggravated identity theft. Section 1028(a) covers knowingly and without lawful authority producing, transferring, possessing or using identification documents, authentication features, false identification documents, document-making implements and means of identification. Under subsection (b) the maximum prison terms run from not more than 5 years and not more than 15 years up to 20 and 30 years for the aggravated cases it lists. Subsection (c) sets the circumstances that bring an offense under the statute, and the page also prints definitions, amendments and notes.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 1027 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 310
HISTORICAL AND REVISION NOTES Statutory Notes and Related Subsidiaries
Based on section 1150c(a) of title 12, U.S.C., 1940 ed., EFFECTIVE DATE OF 2022 AMENDMENT
Banks and Banking (Dec. 20, 1944, ch. 623, § 4(a), 58 Stat.
Amendment by Pub. L. 117–328 applicable to plan
837).
years beginning after Dec. 31, 2022, see section 320(c) of
Words ‘‘of Agriculture’’ were inserted after ‘‘Sec-
Pub. L. 117–328, set out as a note under section 414 of
retary’’ for reasons of identification.
Title 26, Internal Revenue Code.
Words ‘‘upon conviction thereof’’ were omitted as
surplusage, since punishment can not be imposed until EFFECTIVE DATE OF 1974 AMENDMENT
after conviction. Amendment by Pub. L. 93–406 effective Jan. 1, 1975,
Other changes were made in phraseology without except as provided in section 1031(b)(2) of Title 29,
change of substance. Labor, see section 1031(b)(1) of Title 29.
EFFECTIVE DATE
Editorial Notes
Section effective 90 days after Mar. 20, 1962, see sec-
AMENDMENTS tion 19 of Pub. L. 87–420, set out as a note under section
664 of this title.
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’. § 1028. Fraud and related activity in connection
with identification documents, authentica-
§ 1027. False statements and concealment of facts tion features, and information
in relation to documents required by the Em- (a) Whoever, in a circumstance described in
ployee Retirement Income Security Act of subsection (c) of this section—
1974 (1) knowingly and without lawful authority
Whoever, in any document required by title I produces an identification document, authen-
of the Employee Retirement Income Security tication feature, or a false identification docu-
Act of 1974 (as amended from time to time) to be ment;
published, or kept as part of the records of any (2) knowingly transfers an identification
employee welfare benefit plan or employee pen- document, authentication feature, or a false
sion benefit plan, or certified to the adminis- identification document knowing that such
trator of any such plan, makes any false state- document or feature was stolen or produced
ment or representation of fact, knowing it to be without lawful authority;
false, or knowingly conceals, covers up, or fails (3) knowingly possesses with intent to use
to disclose any fact the disclosure of which is re- unlawfully or transfer unlawfully five or more
quired by such title or is necessary to verify, ex- identification documents (other than those
plain, clarify or check for accuracy and com- issued lawfully for the use of the possessor),
pleteness any report required by such title to be authentication features, or false identification
published or any information required by such documents;
title to be certified, shall be fined under this (4) knowingly possesses an identification
title, or imprisoned not more than five years, or document (other than one issued lawfully for
both. the use of the possessor), authentication fea-
ture, or a false identification document, with
(Added Pub. L. 87–420, § 17(c), Mar. 20, 1962, 76 the intent such document or feature be used to
Stat. 42; amended Pub. L. 93–406, title I, defraud the United States;
§ 112(a)(2)(B)(i), (ii), formerly § 111(a)(2)(B)(i), (ii), (5) knowingly produces, transfers, or pos-
Sept. 2, 1974, 88 Stat. 851, renumbered sesses a document-making implement or au-
§ 112(a)(2)(B)(i), (ii), Pub. L. 117–328, div. T, title thentication feature with the intent such doc-
III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. ument-making implement or authentication
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, feature will be used in the production of a
108 Stat. 2147.) false identification document or another docu-
ment-making implement or authentication
Editorial Notes feature which will be so used;
(6) knowingly possesses an identification
REFERENCES IN TEXT document or authentication feature that is or
appears to be an identification document or
The Employee Retirement Income Security Act of
1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, authentication feature of the United States or
88 Stat. 829. Title I of the Employee Retirement Income a sponsoring entity of an event designated as
Security Act of 1974 is classified generally to sub- a special event of national significance which
chapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. is stolen or produced without lawful authority
For complete classification of this Act to the Code, see knowing that such document or feature was
Short Title note set out under section 1001 of Title 29 stolen or produced without such authority;
and Tables. (7) knowingly transfers, possesses, or uses,
without lawful authority, a means of identi-
AMENDMENTS
fication of another person with the intent to
1994—Pub. L. 103–322 substituted ‘‘fined under this commit, or to aid or abet, or in connection
title’’ for ‘‘fined not more than $10,000’’. with, any unlawful activity that constitutes a
1974—Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly violation of Federal law, or that constitutes a
§ 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328,
felony under any applicable State or local law;
substituted ‘‘Employee Retirement Income Security
Act of 1974’’ for ‘‘Welfare and Pension Plans Disclosure or
Act’’ in section catchline, and ‘‘title I of the Employee (8) knowingly traffics in false or actual au-
Retirement Income Security Act of 1974’’ and ‘‘title’’ thentication features for use in false identi-
for ‘‘the Welfare and Pension Plans Disclosure Act’’ fication documents, document-making imple-
and ‘‘Act’’, respectively, in text. ments, or means of identification;
Page 311 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1028
shall be punished as provided in subsection (b) of is or appears to be issued by or under the au-
this section. thority of the United States or a sponsoring
(b) The punishment for an offense under sub- entity of an event designated as a special
section (a) of this section is— event of national significance or the docu-
(1) except as provided in paragraphs (3) and ment-making implement is designed or suited
(4), a fine under this title or imprisonment for for making such an identification document,
not more than 15 years, or both, if the offense authentication feature, or false identification
is— document;
(A) the production or transfer of an identi- (2) the offense is an offense under subsection
fication document, authentication feature, (a)(4) of this section; or
or false identification document that is or (3) either—
appears to be— (A) the production, transfer, possession, or
(i) an identification document or authen- use prohibited by this section is in or affects
tication feature issued by or under the au- interstate or foreign commerce, including
thority of the United States; or the transfer of a document by electronic
(ii) a birth certificate, or a driver’s li- means; or
cense or personal identification card; (B) the means of identification, identifica-
tion document, false identification docu-
(B) the production or transfer of more than
ment, or document-making implement is
five identification documents, authentica-
transported in the mail in the course of the
tion features, or false identification docu-
production, transfer, possession, or use pro-
ments;
hibited by this section.
(C) an offense under paragraph (5) of such
subsection; or (d) In this section and section 1028A—
(D) an offense under paragraph (7) of such (1) the term ‘‘authentication feature’’ means
subsection that involves the transfer, posses- any hologram, watermark, certification, sym-
sion, or use of 1 or more means of identifica- bol, code, image, sequence of numbers or let-
tion if, as a result of the offense, any indi- ters, or other feature that either individually
vidual committing the offense obtains any- or in combination with another feature is used
thing of value aggregating $1,000 or more by the issuing authority on an identification
during any 1-year period; document, document-making implement, or
means of identification to determine if the
(2) except as provided in paragraphs (3) and
document is counterfeit, altered, or otherwise
(4), a fine under this title or imprisonment for
falsified;
not more than 5 years, or both, if the offense (2) the term ‘‘document-making implement’’
is— means any implement, impression, template,
(A) any other production, transfer, or use computer file, computer disc, electronic de-
of a means of identification, an identifica- vice, or computer hardware or software, that
tion document,,1 authentication feature, or is specifically configured or primarily used for
a false identification document; or making an identification document, a false
(B) an offense under paragraph (3) or (7) of
identification document, or another docu-
such subsection;
ment-making implement;
(3) a fine under this title or imprisonment (3) the term ‘‘identification document’’
for not more than 20 years, or both, if the of- means a document made or issued by or under
fense is committed— the authority of the United States Govern-
(A) to facilitate a drug trafficking crime ment, a State, political subdivision of a State,
(as defined in section 929(a)(2)); a sponsoring entity of an event designated as
(B) in connection with a crime of violence a special event of national significance, a for-
(as defined in section 924(c)(3)); or eign government, political subdivision of a for-
(C) after a prior conviction under this sec- eign government, an international govern-
tion becomes final; mental or an international quasi-govern-
(4) a fine under this title or imprisonment mental organization which, when completed
for not more than 30 years, or both, if the of- with information concerning a particular indi-
fense is committed to facilitate an act of do- vidual, is of a type intended or commonly ac-
mestic terrorism (as defined under section cepted for the purpose of identification of indi-
2331(5) of this title) or an act of international viduals;
terrorism (as defined in section 2331(1) of this (4) the term ‘‘false identification document’’
title); means a document of a type intended or com-
(5) in the case of any offense under sub- monly accepted for the purposes of identifica-
section (a), forfeiture to the United States of tion of individuals that—
any personal property used or intended to be (A) is not issued by or under the authority
used to commit the offense; and of a governmental entity or was issued under
(6) a fine under this title or imprisonment the authority of a governmental entity but
for not more than one year, or both, in any was subsequently altered for purposes of de-
other case. ceit; and
(B) appears to be issued by or under the
(c) The circumstance referred to in subsection authority of the United States Government,
(a) of this section is that— a State, a political subdivision of a State, a
(1) the identification document, authentica- sponsoring entity of an event designated by
tion feature, or false identification document the President as a special event of national
significance, a foreign government, a polit-
1 So in original. ical subdivision of a foreign government, or
§ 1028 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 312
an international governmental or quasi-gov- (12) the term ‘‘traffic’’ means—
ernmental organization; (A) to transport, transfer, or otherwise dis-
(5) the term ‘‘false authentication feature’’ pose of, to another, as consideration for any-
means an authentication feature that— thing of value; or
(A) is genuine in origin, but, without the (B) to make or obtain control of with in-
authorization of the issuing authority, has tent to so transport, transfer, or otherwise
been tampered with or altered for purposes dispose of.
of deceit; (e) This section does not prohibit any lawfully
(B) is genuine, but has been distributed, or authorized investigative, protective, or intel-
is intended for distribution, without the au- ligence activity of a law enforcement agency of
thorization of the issuing authority and not the United States, a State, or a political sub-
in connection with a lawfully made identi- division of a State, or of an intelligence agency
fication document, document-making imple- of the United States, or any activity authorized
ment, or means of identification to which under chapter 224 of this title.
such authentication feature is intended to (f) ATTEMPT AND CONSPIRACY.—Any person who
be affixed or embedded by the respective attempts or conspires to commit any offense
issuing authority; or under this section shall be subject to the same
(C) appears to be genuine, but is not; penalties as those prescribed for the offense, the
(6) the term ‘‘issuing authority’’— commission of which was the object of the at-
(A) means any governmental entity or tempt or conspiracy.
agency that is authorized to issue identifica- (g) FORFEITURE PROCEDURES.—The forfeiture
tion documents, means of identification, or of property under this section, including any
authentication features; and seizure and disposition of the property and any
(B) includes the United States Govern- related judicial or administrative proceeding,
ment, a State, a political subdivision of a shall be governed by the provisions of section
State, a sponsoring entity of an event des- 413 (other than subsection (d) of that section) of
ignated by the President as a special event the Comprehensive Drug Abuse Prevention and
of national significance, a foreign govern- Control Act of 1970 (21 U.S.C. 853).
ment, a political subdivision of a foreign (h) FORFEITURE; DISPOSITION.—In the cir-
government, or an international government cumstance in which any person is convicted of a
or quasi-governmental organization; violation of subsection (a), the court shall order,
in addition to the penalty prescribed, the for-
(7) the term ‘‘means of identification’’ feiture and destruction or other disposition of
means any name or number that may be used, all illicit authentication features, identification
alone or in conjunction with any other infor- documents, document-making implements, or
mation, to identify a specific individual, in- means of identification.
cluding any— (i) RULE OF CONSTRUCTION.—For purpose of
(A) name, social security number, date of subsection (a)(7), a single identification docu-
birth, official State or government issued ment or false identification document that con-
driver’s license or identification number, tains 1 or more means of identification shall be
alien registration number, government pass- construed to be 1 means of identification.
port number, employer or taxpayer identi-
fication number; (Added Pub. L. 97–398, § 2, Dec. 31, 1982, 96 Stat.
(B) unique biometric data, such as finger- 2009; amended Pub. L. 99–646, § 44(a), Nov. 10, 1986,
print, voice print, retina or iris image, or 100 Stat. 3601; Pub. L. 100–690, title VII, § 7023,
other unique physical representation; Nov. 18, 1988, 102 Stat. 4397; Pub. L. 101–647, title
(C) unique electronic identification num- XII, § 1205(e), Nov. 29, 1990, 104 Stat. 4831; Pub. L.
ber, address, or routing code; or 103–322, title XXXIII, § 330016(1)(K), (M), (O),
(D) telecommunication identifying infor- Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–208,
mation or access device (as defined in sec- div. C, title II, § 211(a)(1), Sept. 30, 1996, 110 Stat.
tion 1029(e)); 3009–569; Pub. L. 104–294, title VI, § 601(a)(3), (p),
Oct. 11, 1996, 110 Stat. 3498, 3502; Pub. L. 105–318,
(8) the term ‘‘personal identification card’’ § 3(a)–(h)(1), Oct. 30, 1998, 112 Stat. 3007–3009; Pub.
means an identification document issued by a L. 106–578, § 3, Dec. 28, 2000, 114 Stat. 3076; Pub. L.
State or local government solely for the pur- 108–21, title VI, § 607(b), Apr. 30, 2003, 117 Stat.
pose of identification; 689; Pub. L. 108–275, §§ 2(c), 3, July 15, 2004, 118
(9) the term ‘‘produce’’ includes alter, au- Stat. 832; Pub. L. 108–458, title VII, § 7216, Dec. 17,
thenticate, or assemble; 2004, 118 Stat. 3833; Pub. L. 109–13, div. B, title II,
(10) the term ‘‘transfer’’ includes selecting § 203(a), May 11, 2005, 119 Stat. 315; Pub. L.
an identification document, false identifica- 109–177, title VI, § 603, Mar. 9, 2006, 120 Stat. 253.)
tion document, or document-making imple-
ment and placing or directing the placement Editorial Notes
of such identification document, false identi- AMENDMENTS
fication document, or document-making im-
plement on an online location where it is 2006—Subsecs. (a)(6), (c)(1). Pub. L. 109–177, § 603(1), (2),
available to others; inserted ‘‘or a sponsoring entity of an event designated
as a special event of national significance’’ after
(11) the term ‘‘State’’ includes any State of ‘‘United States’’.
the United States, the District of Columbia, Subsec. (d)(3). Pub. L. 109–177, § 603(3), inserted ‘‘a
the Commonwealth of Puerto Rico, and any sponsoring entity of an event designated as a special
other commonwealth, possession, or territory event of national significance,’’ after ‘‘political sub-
of the United States; and division of a State,’’.
Page 313 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1028
Subsec. (d)(4)(B), (6)(B). Pub. L. 109–177, § 603(4), in- Subsec. (a). Pub. L. 105–318, § 3(a)(3), struck out ‘‘or
serted ‘‘a sponsoring entity of an event designated by attempts to do so,’’ before ‘‘shall be punished’’ in con-
the President as a special event of national signifi- cluding provisions.
cance,’’ after ‘‘political subdivision of a State,’’. Subsec. (a)(7). Pub. L. 105–318, § 3(a)(1), (2), (4), added
2005—Subsec. (a)(8). Pub. L. 109–13 substituted ‘‘false par. (7).
or actual authentication features’’ for ‘‘false authen- Subsec. (b)(1)(D). Pub. L. 105–318, § 3(b)(1), added sub-
tication features’’. par. (D).
2004—Subsec. (a)(7). Pub. L. 108–275, § 3(1), substituted Subsec. (b)(2)(A). Pub. L. 105–318, § 3(b)(2)(A), sub-
‘‘transfers, possesses,’’ for ‘‘transfers’’ and ‘‘abet, or in stituted ‘‘, transfer, or use of a means of identification,
connection with,’’ for ‘‘abet,’’. an identification document, or a’’ for ‘‘or transfer of an
Subsec. (b)(1)(D). Pub. L. 108–275, § 3(2), substituted identification document or’’.
‘‘transfer, possession,’’ for ‘‘transfer’’. Subsec. (b)(2)(B). Pub. L. 105–318, § 3(b)(2)(B), inserted
Subsec. (b)(2). Pub. L. 108–275, § 3(3), substituted ‘‘5 ‘‘or (7)’’ after ‘‘(3)’’.
years’’ for ‘‘three years’’ in introductory provisions. Subsec. (b)(3). Pub. L. 105–318, § 3(b)(3), amended par.
Subsec. (b)(4). Pub. L. 108–458 substituted ‘‘30 years’’ (3) generally. Prior to amendment, par. (3) read as fol-
for ‘‘25 years’’. lows: ‘‘a fine under this title or imprisonment for not
Pub. L. 108–275, § 3(4), inserted ‘‘an act of domestic more than 20 years, or both, if the offense is committed
terrorism (as defined under section 2331(5) of this title) to facilitate a drug trafficking crime (as defined in sec-
or’’ after ‘‘facilitate’’. tion 929(a)(2) of this title);’’.
Subsec. (d). Pub. L. 108–275, § 2(c), inserted ‘‘and sec- Subsec. (b)(5), (6). Pub. L. 105–318, § 3(b)(4)–(6), added
tion 1028A’’ after ‘‘In this section’’ in introductory pro- par. (5) and redesignated former par. (5) as (6).
visions. Subsec. (c)(3). Pub. L. 105–318, § 3(c), added par. (3) and
2003—Pub. L. 108–21, § 607(b)(6), inserted struck out former par. (3) which read as follows: ‘‘the
‘‘, authentication features,’’ after ‘‘documents’’ in sec- production, transfer, or possession prohibited by this
tion catchline. section is in or affects interstate or foreign commerce,
Subsec. (a)(1). Pub. L. 108–21, § 607(b)(1)(A), inserted or the identification document, false identification doc-
‘‘, authentication feature,’’ after ‘‘an identification ument, or document-making implement is transported
document’’. in the mail in the course of the production, transfer, or
Subsec. (a)(2). Pub. L. 108–21, § 607(b)(1)(B), inserted possession prohibited by this section.’’
‘‘, authentication feature,’’ after ‘‘an identification Subsec. (d). Pub. L. 105–318, § 3(d), amended subsec. (d)
document’’ and ‘‘or feature’’ after ‘‘such document’’. generally. Prior to amendment, subsec. (d) consisted of
Subsec. (a)(3). Pub. L. 108–21, § 607(b)(1)(C), inserted pars. (1) to (5) defining ‘‘identification document’’,
‘‘, authentication features,’’ after ‘‘possessor)’’. ‘‘produce’’, ‘‘document-making implement’’, ‘‘personal
Subsec. (a)(4). Pub. L. 108–21, § 607(b)(1)(D), inserted identification card’’, and ‘‘State’’ as used in this sec-
‘‘, authentication feature,’’ after ‘‘possessor)’’ and ‘‘or tion.
feature’’ after ‘‘such document’’. Subsec. (f). Pub. L. 105–318, § 3(e), added subsec. (f).
Subsec. (a)(5). Pub. L. 108–21, § 607(b)(1)(E), inserted Subsec. (g). Pub. L. 105–318, § 3(f), added subsec. (g).
‘‘or authentication feature’’ after ‘‘implement’’ wher- Subsec. (h). Pub. L. 105–318, § 3(g), added subsec. (h).
ever appearing. 1996—Subsec. (a)(4), (5). Pub. L. 104–294, § 601(p), struck
Subsec. (a)(6). Pub. L. 108–21, § 607(b)(1)(F), inserted out ‘‘or’’ after semicolon in par. (4) and inserted ‘‘or’’
‘‘or authentication feature’’ before ‘‘that is or ap- after semicolon in par. (5).
pears’’, ‘‘or authentication feature’’ before ‘‘of the Subsec. (b). Pub. L. 104–294, § 601(a)(3), substituted
United States’’ and ‘‘or feature’’ after ‘‘such docu- ‘‘fine under this title’’ for ‘‘fine of under this title’’
ment’’ and struck out ‘‘or’’ at end. wherever appearing.
Subsec. (a)(7). Pub. L. 108–21, § 607(b)(1)(G), inserted Subsec. (b)(1). Pub. L. 104–208, § 211(a)(1)(A), in intro-
‘‘or’’ after semicolon at end. ductory provisions inserted ‘‘except as provided in
Subsec. (a)(8). Pub. L. 108–21, § 607(b)(1)(H), added par. paragraphs (3) and (4),’’ after ‘‘(1)’’ and substituted ‘‘15
(8). years’’ for ‘‘five years’’.
Subsec. (b)(1)(A). Pub. L. 108–21, § 607(b)(2)(A)(i)(I), in- Subsec. (b)(2). Pub. L. 104–208, § 211(a)(1)(B), inserted
serted ‘‘, authentication feature,’’ before ‘‘or false’’ in ‘‘except as provided in paragraphs (3) and (4),’’ after
introductory provisions. ‘‘(2)’’ in introductory provisions and struck out ‘‘and’’
Subsec. (b)(1)(A)(i). Pub. L. 108–21, § 607(b)(2)(A)(i)(II),
at end.
inserted ‘‘or authentication feature’’ after ‘‘document’’.
Subsec. (b)(3) to (5). Pub. L. 104–208, § 211(a)(1)(C), (D),
Subsec. (b)(1)(B). Pub. L. 108–21, § 607(b)(2)(A)(ii), in-
added pars. (3) and (4) and redesignated former par. (3)
serted ‘‘, authentication features,’’ before ‘‘or false’’.
as (5).
Subsec. (b)(2)(A). Pub. L. 108–21, § 607(b)(2)(B), inserted
1994—Subsec. (b)(1). Pub. L. 103–322, § 330016(1)(O), sub-
‘‘, authentication feature,’’ before ‘‘or a false’’.
stituted ‘‘under this title’’ for ‘‘not more than $25,000’’.
Subsec. (c)(1). Pub. L. 108–21, § 607(b)(3), inserted
Subsec. (b)(2). Pub. L. 103–322, § 330016(1)(M), sub-
‘‘, authentication feature,’’ before ‘‘or false’’ in two
stituted ‘‘under this title’’ for ‘‘not more than $15,000’’.
places.
Subsec. (b)(3). Pub. L. 103–322, § 330016(1)(K), sub-
Subsec. (d). Pub. L. 108–21, § 607(b)(4), added pars. (1),
stituted ‘‘under this title’’ for ‘‘not more than $5,000’’.
(5), (6) and (12), redesignated former pars. (1), (2), (3), (4),
1990—Subsec. (d)(5). Pub. L. 101–647 inserted ‘‘com-
(5), (6), (7), and (8) as pars. (2), (3), (4), (7), (8), (9), (10),
monwealth,’’ before ‘‘possession or territory of the
and (11), respectively, and in par. (4)(A) inserted ‘‘or
United States’’.
was issued under the authority of a governmental enti-
1988—Subsec. (a)(6). Pub. L. 100–690 inserted ‘‘know-
ty but was subsequently altered for purposes of deceit’’
ingly’’ before ‘‘possesses’’, ‘‘lawful’’ before first ref-
after ‘‘entity’’.
Subsecs. (h), (i). Pub. L. 108–21, § 607(b)(5), added sub- erence to ‘‘authority’’, and ‘‘such’’ before second ref-
sec. (h) and redesignated former subsec. (h) as (i). erence to ‘‘authority’’.
2000—Subsec. (c)(3)(A). Pub. L. 106–578, § 3(1), inserted 1986—Subsec. (e). Pub. L. 99–646 substituted ‘‘chapter
‘‘, including the transfer of a document by electronic 224 of this title’’ for ‘‘title V of the Organized Crime
means’’ after ‘‘commerce’’. Control Act of 1970 (18 U.S.C. note prec. 3481)’’.
Subsec. (d)(1). Pub. L. 106–578, § 3(2)(A), inserted ‘‘tem-
plate, computer file, computer disc,’’ after ‘‘impres- Statutory Notes and Related Subsidiaries
sion,’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Subsec. (d)(3) to (8). Pub. L. 106–578, § 3(2)(B)–(F),
added pars. (3) and (7) and redesignated former pars. (3), Pub. L. 106–578, § 5, Dec. 28, 2000, 114 Stat. 3077, pro-
(4), (5), and (6) as (4), (5), (6), and (8), respectively. vided that: ‘‘This Act [amending this section, repealing
1998—Pub. L. 105–318, § 3(h)(1), inserted ‘‘and informa- section 1738 of this title, and enacting provisions set
tion’’ at end of section catchline. out as a note below] and the amendments made by this
§ 1028A TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 314
Act shall take effect 90 days after the date of enact- this Act [see Short Title of 1998 Amendments note set
ment of this Act [Dec. 28, 2000].’’ out under section 1001 of this title] rests is the power
of Congress to regulate commerce with foreign nations
EFFECTIVE DATE OF 1996 AMENDMENT and among the several States, and the authority to
Pub. L. 104–208, div. C, title II, § 211(c), Sept. 30, 1996, make all laws which shall be necessary and proper for
110 Stat. 3009–570, provided that: ‘‘This section [amend- carrying into execution the powers vested by the Con-
ing this section and sections 1425 to 1427, 1541 to 1544, stitution in the Government of the United States or in
and 1546 of this title and enacting provisions set out as any department or officer thereof, as set forth in arti-
a note under section 994 of Title 28, Judiciary and Judi- cle I, section 8 of the United States Constitution.’’
cial Procedure] and the amendments made by this sec-
CENTRALIZED COMPLAINT AND CONSUMER EDUCATION
tion shall apply with respect to offenses occurring on
SERVICE FOR VICTIMS OF IDENTITY THEFT
or after the date of the enactment of this Act [Sept. 30,
1996].’’ Pub. L. 105–318, § 5, Oct. 30, 1998, 112 Stat. 3010, pro-
vided that:
COORDINATING COMMITTEE ON FALSE IDENTIFICATION ‘‘(a) IN GENERAL.—Not later than 1 year after the
Pub. L. 106–578, § 2, Dec. 28, 2000, 114 Stat. 3075, pro- date of enactment of this Act [Oct. 30, 1998], the Fed-
vided that: eral Trade Commission shall establish procedures to—
‘‘(a) IN GENERAL.—The Attorney General and the Sec- ‘‘(1) log and acknowledge the receipt of complaints
retary of the Treasury shall establish a coordinating by individuals who certify that they have a reason-
committee to ensure, through existing interagency able belief that 1 or more of their means of identifica-
task forces or other means, that the creation and dis- tion (as defined in section 1028 of title 18, United
tribution of false identification documents (as defined States Code, as amended by this Act) have been as-
in section 1028(d)(3) [now 1028(d)(4)] of title 18, United sumed, stolen, or otherwise unlawfully acquired in
States Code, as added by section 3(2) of this Act) is vig- violation of section 1028 of title 18, United States
orously investigated and prosecuted. Code, as amended by this Act;
‘‘(b) MEMBERSHIP.—The coordinating committee shall ‘‘(2) provide informational materials to individuals
consist of the Director of the United States Secret described in paragraph (1); and
Service, the Director of the Federal Bureau of Inves- ‘‘(3) refer complaints described in paragraph (1) to
tigation, the Attorney General, the Commissioner of appropriate entities, which may include referral to—
Social Security, and the Commissioner of Immigration ‘‘(A) the 3 major national consumer reporting
and Naturalization, or their respective designees. agencies; and
‘‘(c) TERM.—The coordinating committee shall termi- ‘‘(B) appropriate law enforcement agencies for po-
nate 2 years after the effective date of this Act [see Ef- tential law enforcement action.
fective Date of 2000 Amendment note above]. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are
‘‘(d) REPORT.— authorized to be appropriated such sums as may be nec-
‘‘(1) IN GENERAL.—The Attorney General and the essary to carry out this section.’’
Secretary of the Treasury, at the end of each year of
FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
the existence of the committee, shall report to the
IDENTIFICATION DOCUMENTS
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Rep- Pub. L. 98–473, title II, § 609L, Oct. 12, 1984, 98 Stat.
resentatives on the activities of the committee. 2103, provided that:
‘‘(2) CONTENTS.—The report referred to in paragraph ‘‘(a) For purposes of section 1028 of title 18, United
(1) shall include— States Code, to the maximum extent feasible, personal
‘‘(A) the total number of indictments and infor- descriptors or identifiers utilized in identification doc-
mations, guilty pleas, convictions, and acquittals uments, as defined in such section, shall utilize com-
resulting from the investigation and prosecution of mon descriptive terms and formats designed to—
the creation and distribution of false identification ‘‘(1) reduce the redundancy and duplication of iden-
documents during the preceding year; tification systems by providing information which
‘‘(B) identification of the Federal judicial dis- can be utilized by the maximum number of authori-
tricts in which the indictments and informations ties, and
were filed, and in which the subsequent guilty ‘‘(2) facilitate positive identification of bona fide
pleas, convictions, and acquittals occurred; holders of identification documents.
‘‘(C) specification of the Federal statutes utilized ‘‘(b) The President shall, no later than 3 years after
for prosecution; the date of enactment of this Act [Oct. 12, 1984], and
‘‘(D) a brief factual description of significant in- after consultation with Federal, State, local, and inter-
vestigations and prosecutions; national issuing authorities, and concerned groups
‘‘(E) specification of the sentence imposed as a re- make recommnedations [recommendations] to the Con-
sult of each guilty plea and conviction; and gress for the enactment of comprehensive legislation
‘‘(F) recommendations, if any, for legislative on Federal identification systems. Such legislation
changes that could facilitate more effective inves- shall—
tigation and prosecution of the creation and dis- ‘‘(1) give due consideration to protecting the pri-
tribution of false identification documents.’’ vacy of persons who are the subject of any identifica-
[For transfer of the functions, personnel, assets, and tion system,
obligations of the United States Secret Service, includ- ‘‘(2) recommend appropriate civil and criminal
ing the functions of the Secretary of the Treasury re- sanctions for the misuse or unauthorized disclosure
lating thereto, to the Secretary of Homeland Security, of personal identification information, and
and for treatment of related references, see sections ‘‘(3) make recommendations providing for the ex-
381, 551(d), 552(d), and 557 of Title 6, Domestic Security, change of personal identification information as au-
and the Department of Homeland Security Reorganiza- thorized by Federal or State law or Executive order
tion Plan of November 25, 2002, as modified, set out as of the President or the chief executive officer of any
a note under section 542 of Title 6.] of the several States.’’
[For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related § 1028A. Aggravated identity theft
references, see note set out under section 1551 of Title
8, Aliens and Nationality.] (a) OFFENSES.—
(1) IN GENERAL.—Whoever, during and in re-
CONSTITUTIONAL AUTHORITY lation to any felony violation enumerated in
Pub. L. 105–318, § 2, Oct. 30, 1998, 112 Stat. 3007, pro- subsection (c), knowingly transfers, possesses,
vided that: ‘‘The constitutional authority upon which or uses, without lawful authority, a means of
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