Page:United States Statutes at Large Volume 118.djvu/863

 118 STAT. 833 PUBLIC LAW 108–275—JULY 15, 2004 (A) by striking ‘‘transfers’’ and inserting ‘‘transfers, possesses,’’; and (B) by striking ‘‘abet,’’ and inserting ‘‘abet, or in connec tion with,’’; (2) in subsection (b)(1)(D), by striking ‘‘transfer’’ and inserting ‘‘transfer, possession,’’; (3) in subsection (b)(2), by striking ‘‘three years’’ and inserting ‘‘5 years’’; and (4) in subsection (b)(4), by inserting after ‘‘facilitate’’ the following: ‘‘an act of domestic terrorism (as defined under sec tion 2331(5) of this title) or’’. SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SECTION 641. The penultimate paragraph of section 641 of title 18 of the United States Code is amended by inserting ‘‘in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case,’’ after ‘‘value of such property’’. SEC. 5. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION. (a) IN GENERAL.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position. (b) REQUIREMENTS.—In carrying out this section, the United States Sentencing Commission shall do the following: (1) Amend U.S.S.G. section 3B1.3 (Abuse of Position of Trust of Use of Special Skill) to apply to and punish offenses in which the defendant exceeds or abuses the authority of his or her position in order to obtain unlawfully or use without authority any means of identification, as defined section 1028(d)(4) of title 18, United States Code. (2) Ensure reasonable consistency with other relevant direc tives, other sentencing guidelines, and statutory provisions. (3) Make any necessary and conforming changes to the sentencing guidelines. (4) Ensure that the guidelines adequately meet the pur poses of sentencing set forth in section 3553(a)(2) of title 18, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. In addition to any other sums authorized to be appropriated for this purpose, there is authorized to be appropriated to the Department of Justice, for the investigation and prosecution of 28 USC 994 note.

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