Page:United States Statutes at Large Volume 118.djvu/862

 118 STAT. 832 PUBLIC LAW 108–275—JULY 15, 2004 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 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 641 (relating to theft of public money, property, or rewards), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or 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 connec tion 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 pre tenses); ‘‘(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, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (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.’’. (c) APPLICATION OF DEFINITIONS FROM SECTION 1028.—Section 1028(d) of title 18, United States Code, is amended by inserting ‘‘and section 1028A’’ after ‘‘In this section’’. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended— (1) in subsection (a)(7)—

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