18 U.S.C. § 1028 — Fraud and related activity in connection

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