§ 1028. Fraud and related activity in connection with identification documents, authentication features, and information

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   False Identification Crime Control Act of 1982

   Pub. L. 97–398 § 2 · 96 Stat. 2009

   Enacted · 18 U.S.C. § 1028

   Added Pub. L. 97–398, § 2, Dec. 31, 1982, 96 Stat. 2009

   Source evidence

   Code source credit
   Added Pub. L. 97–398, § 2, Dec. 31, 1982, 96 Stat. 2009

   Enacted provision · exact public law section
   Sec. 2. Chapter 47 of title 18 of the United States Code is amended by adding at the end the following: “§ 1028. Fraud and related activity in connection with identification documents “(a) Whoever, in a circumstance described in subsection (c) of this section— “(1) knowingly and without lawful authority produces an identification document or a false identification document; “(2) knowingly transfers an identification document or a false identification document knowing that such document 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) or false identification documents; “(4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States; or “(5) knowingly produces, transfers, or possesses a document-making implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used; “(6) possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without authority knowing that such document was stolen or produced without authority; or attempts to do so, shall be punished as provided in subsection (b) of this section. “(b) The punishment for an offense under subsection (a) of this Penalties. section is— “(1) a fine of not more than $25,000 or imprisonment for not more than five years, or both, if the offense is— “(A) the production or transfer of an identification document or false identification document that is or appears to “(i) an identification document issued by or under the authority of the United States; or “(ii) a birth certificate, or a driver’s license or personal identification card; “(B) the production or transfer of more than five identification documents or false identification documents; or “(C) an offense under paragraph (5) of such subsection; “(2) a fine of not more than $15,000 or imprisonment for not more than three years, or both, if the offense is— “(A) any other production or transfer of an identification document or false identification document; or “(B) an offense under paragraph (3) of such subsection; and “(3) a fine of not more than $5,000 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 or false identification document is or appears to be issued by or under the authority of the United States or the document-making implement is designed or suited for making such an identification document or false identification document; “(2) the offense is an offense under subsection (a)(4) of this section; or “(3) the production, transfer, or possession prohibited by this section is in or affects interstate or foreign commerce, or the identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section. “(d) As used in this section— “(1) the term ‘identification document’ means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; “(2) the term ‘produce’ includes alter, authenticate, or assemble; “(3) the term ‘document-making implement’ means any implement or impression specially designed or primarily used for making an identification document, a false identification document, or another document-making implement; “(4) the term ‘personal identification card’ means an identification document issued by a State or local government solely for the purpose of identification; and “(5) the term ‘State’ includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States. “(e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481).”.

2. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 44(a) · 100 Stat. 3592

   Substituted · 18 U.S.C. § 1028(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (a) Section 1028 Amendment.— Section 1028(e) of title 18, United States Code, is amended by striking out “title V of the Organized Crime Control Act of 1970 (18 U.S.C. note prec. 3481)” and inserting in lieu thereof “chapter 224 of this title”.

3. 1988

   Minor and Technical Criminal Law Amendments Act of 1988

   Pub. L. 100–690 title VII § 7023 · 102 Stat. 4181

   Inserted · 18 U.S.C. § 1028(a)(6)

   Pub. L. 100–690 inserted “knowingly” before “possesses”, “lawful” before first reference to “authority”, and “such” before second reference to “authority”

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 100–690 inserted “knowingly” before “possesses”, “lawful” before first reference to “authority”, and “such” before second reference to “authority”.

   Enacted provision · exact public law section
   SEC. 7023. IDENTIFICATION FRAUD. Section 1028(a)(6) of title 18, United States Code, is amended— (1) by inserting “knowingly” before “possesses”; (2) by inserting “lawful” before “authority” the first place it appears; and (3) by inserting “such” before “authority” the second place it appears.

4. 1990

   Crime Control Act of 1990

   Pub. L. 101–647 title XII § 1205(e) · 104 Stat. 4789

   Inserted · 18 U.S.C. § 1028(d)(5)

   Pub. L. 101–647 inserted “commonwealth,” before “possession or territory of the United States”

   Source evidence

   Code amendment note
   Subsec. (d)(5). Pub. L. 101–647 inserted “commonwealth,” before “possession or territory of the United States”.

   Enacted provision · exact public law section
   (e) Sections 1028(d)(5) and 1030(e)(3) of title 18, United States Code, are each amended by inserting “commonwealth,” before “possession or territory of the United States”.

5. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(1)(O) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1028(b)(1)

   Pub. L. 103–322, § 330016(1)(O), substituted “under this title” for “not more than $25,000”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 103–322, § 330016(1)(O), substituted “under this title” for “not more than $25,000”.

   Enacted provision · exact public law section
   (O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 2118 by striking “not more than $25,000” each place it appears and inserting “under this title”;

6. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(1)(M) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1028(b)(2)

   Pub. L. 103–322, § 330016(1)(M), substituted “under this title” for “not more than $15,000”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 103–322, § 330016(1)(M), substituted “under this title” for “not more than $15,000”.

   Enacted provision · exact public law section
   (M) in section 1028 by striking “not more than $15,000” and inserting “under this title”;

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 1028(b)(3)

   Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 103–322, § 330016(1)(K), substituted “under this title” for “not more than $5,000”.

   Enacted provision · exact public law section
   (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

8. 1996

   Department of Commerce and Related Agencies Appropriations Act, 1997

   Pub. L. 104–208 § 211(a)(1)(A) · 110 Stat. 3009

   1. Inserted · 18 U.S.C. § 1028(b)(1)

      Pub. L. 104–208, § 211(a)(1)(A), in introductory provisions inserted “except as provided in paragraphs (3) and (4),” after “(1)”

   2. Substituted · 18 U.S.C. § 1028(b)(1)

      Pub. L. 104–208, § 211(a)(1)(A), in introductory provisions substituted “15 years” for “five years”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–208, § 211(a)(1)(A), in introductory provisions inserted “except as provided in paragraphs (3) and (4),” after “(1)” and substituted “15 years” for “five years”.

   Enacted provision · exact public law section
   (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amended to read as follows: “That this Act may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Act’.”

9. 1996

   Department of Commerce and Related Agencies Appropriations Act, 1997

   Pub. L. 104–208 § 211(a)(1)(B) · 110 Stat. 3009

   1. Inserted · 18 U.S.C. § 1028(b)(2)

      Pub. L. 104–208, § 211(a)(1)(B), inserted “except as provided in paragraphs (3) and (4),” after “(2)” in introductory provisions

   2. Struck · 18 U.S.C. § 1028(b)(2)

      Pub. L. 104–208, § 211(a)(1)(B), struck out “and” at end

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amended to read as follows: “That this Act may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Act’.”

10. 1996

    Department of Commerce and Related Agencies Appropriations Act, 1997

    Pub. L. 104–208 § 211(a)(1)(C) · 110 Stat. 3009

    1. Added · 18 U.S.C. § 1028(b)(3)(5)

       Pub. L. 104–208, § 211(a)(1)(C), (D), added pars. (3) and (4)

    2. Redesignated · 18 U.S.C. § 1028(b)(3)(5)

       Pub. L. 104–208, § 211(a)(1)(C), (D), redesignated former par. (3) as (5)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Effective 15 days after the enactment of the Sustainable Fisheries Act, section 1 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801) shall be amended to read as follows: “That this Act may be cited as the ‘Magnuson-Stevens Fishery Conservation and Management Act’.”

11. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 601(p) · 110 Stat. 3488

    Struck and inserted · 18 U.S.C. § 1028(a)(4); 18 U.S.C. § 1028(a)(5)

    Pub. L. 104–294, § 601(p), struck out “or” after semicolon in par. (4) and inserted “or” after semicolon in par. (5)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (p) Correcting Misplaced Word.— Section 1028(a) of title 18, United States Code, is amended by striking “or” at the end of paragraph (4) and inserting “or” at the end of paragraph (5).

12. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 601(a)(3) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 1028(b)

    Pub. L. 104–294, § 601(a)(3), substituted “fine under this title” for “fine of under this title” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–294, § 601(a)(3), substituted “fine under this title” for “fine of under this title” wherever appearing.

    Enacted provision · exact public law section
    (3) Sections 661, 1028(b) 1361, and 2701(b) of title 18, United States Code, are each amended by striking “fine of under” each place it appears and inserting “fine under”.

13. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(h)(1) · 112 Stat. 3007

    Inserted · 18 U.S.C. § 1028

    Pub. L. 105–318, § 3(h)(1), inserted “and information” at end of section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–318, § 3(h)(1), inserted “and information” at end of section catchline.

    Enacted provision · exact public law section
    (1) in the heading for section 1028, by adding “and information” at the end; and

14. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(a)(3) · 112 Stat. 3007

    Struck · 18 U.S.C. § 1028(a)

    Pub. L. 105–318, § 3(a)(3), struck out “or attempts to do so,” before “shall be punished” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–318, § 3(a)(3), struck out “or attempts to do so,” before “shall be punished” in concluding provisions.

    Enacted provision · exact public law section
    (3) in the flush matter following paragraph (6), by striking “or attempts to do so,”; and

15. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(a)(1) · 112 Stat. 3007

    Added · 18 U.S.C. § 1028(a)(7)

    Pub. L. 105–318, § 3(a)(1), (2), (4), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 105–318, § 3(a)(1), (2), (4), added par. (7).

    Enacted provision · exact public law section
    (1) in paragraph (5), by striking “or” at the end;

16. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(b)(1) · 112 Stat. 3007

    Added · 18 U.S.C. § 1028(b)(1)(D)

    Pub. L. 105–318, § 3(b)(1), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 105–318, § 3(b)(1), added subpar. (D).

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) in subparagraph (B), by striking “or” at the end; (B) in subparagraph (C), by adding “or” at the end; and (C) by adding at the end the following: “(D) an offense under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;”;

17. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(b)(2)(A) · 112 Stat. 3007

    Substituted · 18 U.S.C. § 1028(b)(2)(A)

    Pub. L. 105–318, § 3(b)(2)(A), substituted “, transfer, or use of a means of identification, an identification document, or a” for “or transfer of an identification document or”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 105–318, § 3(b)(2)(A), substituted “, transfer, or use of a means of identification, an identification document, or a” for “or transfer of an identification document or”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “or transfer of an identification document or” and inserting “ transfer, or use of a means of identification, an identification document, or a;” and

18. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(b)(2)(B) · 112 Stat. 3007

    Inserted · 18 U.S.C. § 1028(b)(2)(B)

    Pub. L. 105–318, § 3(b)(2)(B), inserted “or (7)” after “(3)”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 105–318, § 3(b)(2)(B), inserted “or (7)” after “(3)”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by inserting “or (7)” after “(3)”;

19. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(b)(3) · 112 Stat. 3007

    Amended · 18 U.S.C. § 1028(b)(3)

    Pub. L. 105–318, § 3(b)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “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 section 929(a)(2) of this title);”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 105–318, § 3(b)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “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 section 929(a)(2) of this title);”.

    Enacted provision · exact public law section
    (3) by amending paragraph (3) to read as follows: “(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense 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 section becomes final;”;

20. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(b)(4) · 112 Stat. 3007

    1. Added · 18 U.S.C. § 1028(b)(5); 18 U.S.C. § 1028(b)(6)

       Pub. L. 105–318, § 3(b)(4)–(6), added par. (5)

    2. Redesignated · 18 U.S.C. § 1028(b)(5); 18 U.S.C. § 1028(b)(6)

       Pub. L. 105–318, § 3(b)(4)–(6), redesignated former par. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (b)(5), (6). Pub. L. 105–318, § 3(b)(4)–(6), added par. (5) and redesignated former par. (5) as (6).

    Enacted provision · exact public law section
    (4) in paragraph (4), by striking “and” at the end;

21. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(c) · 112 Stat. 3007

    1. Added · 18 U.S.C. § 1028(c)(3)

       Pub. L. 105–318, § 3(c), added par. (3)

    2. Struck · 18 U.S.C. § 1028(c)(3)

       Pub. L. 105–318, § 3(c), 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 document, or document-making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section.”

    Source evidence

    Code amendment note
    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 document, or document-making implement is transported in the mail in the course of the production, transfer, or possession prohibited by this section.”

    Enacted provision · exact public law section
    (c) Circumstances.— Section 1028(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following: “(3) either— “(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce; or “(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.”.

22. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(d) · 112 Stat. 3007

    Amended · 18 U.S.C. § 1028(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 section

    Source evidence

    Code amendment note
    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 section.

    Enacted provision · exact public law section
    (d) Definitions.— Subsection (d) of section 1028 of title 18, United States Code, is amended to read as follows: “(d) In this section— “(1) the term ‘document-making implement’ means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement; “(2) the term ‘identification document’ means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; “(3) the term ‘means of identification’ means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any— “(A) name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number; “(B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; “(C) unique electronic identification number, address, or routing code; or “(D) telecommunication identifying information or access device (as defined in section 1029(e)); “(4) the term ‘personal identification card’ means an identification document issued by a State or local government solely for the purpose of identification; “(5) the term ‘produce’ includes alter, authenticate, or assemble; and “(6) 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.”.

23. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(e) · 112 Stat. 3007

    Added · 18 U.S.C. § 1028(f)

    Pub. L. 105–318, § 3(e), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–318, § 3(e), added subsec. (f).

    Enacted provision · exact public law section
    (e) Attempt and Conspiracy.— Section 1028 of title 18, United States Code, is amended by adding at the end the following: “(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 attempt or conspiracy.”.

24. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(f) · 112 Stat. 3007

    Added · 18 U.S.C. § 1028(g)

    Pub. L. 105–318, § 3(f), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–318, § 3(f), added subsec. (g).

    Enacted provision · exact public law section
    (f) Forfeiture Procedures.— Section 1028 of title 18, United States Code, is amended by adding at the end the following: “(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).”.

25. 1998

    Identity Theft and Assumption Deterrence Act of 1998

    Pub. L. 105–318 § 3(g) · 112 Stat. 3007

    Added · 18 U.S.C. § 1028(h)

    Pub. L. 105–318, § 3(g), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–318, § 3(g), added subsec. (h).

    Enacted provision · exact public law section
    (g) Rule of Construction.— Section 1028 of title 18, United States Code, is amended by adding at the end the following: “(h) Rule of Construction.— For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.”.

26. 2000

    Pub. L. 106–578 § 3(1) · 114 Stat. 3075

    Inserted · 18 U.S.C. § 1028(c)(3)(A)

    Pub. L. 106–578, § 3(1), inserted “, including the transfer of a document by electronic means” after “commerce”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 106–578, § 3(1), inserted “, including the transfer of a document by electronic means” after “commerce”.

    Enacted provision · exact public law section
    (1) in subsection (c)(3)(A), by inserting “, including the transfer of a document by electronic means” after “commerce”; and

    Effective date note
    Pub. L. 106–578, § 5, Dec. 28, 2000, 114 Stat. 3077, provided 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 Act shall take effect 90 days after the date of enactment of this Act [Dec. 28, 2000].”

27. 2000

    Pub. L. 106–578 § 3(2)(A) · 114 Stat. 3075

    Inserted · 18 U.S.C. § 1028(d)(1)

    Pub. L. 106–578, § 3(2)(A), inserted “template, computer file, computer disc,” after “impression,”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 106–578, § 3(2)(A), inserted “template, computer file, computer disc,” after “impression,”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “template, computer file, computer disc,” after “impression,”;

    Effective date note
    Pub. L. 106–578, § 5, Dec. 28, 2000, 114 Stat. 3077, provided 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 Act shall take effect 90 days after the date of enactment of this Act [Dec. 28, 2000].”

28. 2000

    Pub. L. 106–578 § 3(2)(B) · 114 Stat. 3075

    1. Added · 18 U.S.C. § 1028(d)(3)(8)

       Pub. L. 106–578, § 3(2)(B)–(F), added pars. (3) and (7)

    2. Redesignated · 18 U.S.C. § 1028(d)(3)(8)

       Pub. L. 106–578, § 3(2)(B)–(F), redesignated former pars. (3), (4), (5), and (6) as (4), (5), (6), and (8), respectively

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) in paragraph (5), by striking “and” after the semicolon;

    Effective date note
    Pub. L. 106–578, § 5, Dec. 28, 2000, 114 Stat. 3077, provided 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 Act shall take effect 90 days after the date of enactment of this Act [Dec. 28, 2000].”

29. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(6) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028

    Pub. L. 108–21, § 607(b)(6), inserted “, authentication features,” after “documents” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 108–21, § 607(b)(6), inserted “, authentication features,” after “documents” in section catchline.

    Enacted provision · exact public law section
    (6) Technical and conforming amendment.— Section 1028 of title 18, United States Code, is amended in the heading by inserting “, authentication features,” after “documents”.

30. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(A) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(1)

    Pub. L. 108–21, § 607(b)(1)(A), inserted “, authentication feature,” after “an identification document”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–21, § 607(b)(1)(A), inserted “, authentication feature,” after “an identification document”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “, authentication feature,” after “an identification document”;

31. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(B) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(2)

    Pub. L. 108–21, § 607(b)(1)(B), inserted “, authentication feature,” after “an identification document” and “or feature” after “such document”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–21, § 607(b)(1)(B), inserted “, authentication feature,” after “an identification document” and “or feature” after “such document”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by inserting “, authentication feature,” after “an identification document”; and (ii) by inserting “or feature” after “such document”;

32. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(C) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(3)

    Pub. L. 108–21, § 607(b)(1)(C), inserted “, authentication features,” after “possessor)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 108–21, § 607(b)(1)(C), inserted “, authentication features,” after “possessor)”.

    Enacted provision · exact public law section
    (C) in paragraph (3), by inserting “, authentication features,” after “possessor)”;

33. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(D) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(4)

    Pub. L. 108–21, § 607(b)(1)(D), inserted “, authentication feature,” after “possessor)” and “or feature” after “such document”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 108–21, § 607(b)(1)(D), inserted “, authentication feature,” after “possessor)” and “or feature” after “such document”.

    Enacted provision · exact public law section
    (D) in paragraph (4)— (i) by inserting “, authentication feature,” after “possessor)”; and (ii) by inserting “or feature” after “such document”;

34. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(E) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(5)

    Pub. L. 108–21, § 607(b)(1)(E), inserted “or authentication feature” after “implement” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 108–21, § 607(b)(1)(E), inserted “or authentication feature” after “implement” wherever appearing.

    Enacted provision · exact public law section
    (E) in paragraph (5), by inserting “or authentication feature” after “implement” each place that term appears;

35. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(F) · 117 Stat. 650

    1. Inserted · 18 U.S.C. § 1028(a)(6)

       Pub. L. 108–21, § 607(b)(1)(F), inserted “or authentication feature” before “that is or appears”, “or authentication feature” before “of the United States” and “or feature” after “such document”

    2. Struck · 18 U.S.C. § 1028(a)(6)

       Pub. L. 108–21, § 607(b)(1)(F), struck out “or” at end

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 108–21, § 607(b)(1)(F), inserted “or authentication feature” before “that is or appears”, “or authentication feature” before “of the United States” and “or feature” after “such document” and struck out “or” at end.

    Enacted provision · exact public law section
    (F) in paragraph (6)— (i) by inserting “or authentication feature” before “that is or appears”; (ii) by inserting “or authentication feature” before “of the United States”; (iii) by inserting “or feature” after “such document”; and (iv) by striking “or” at the end;

36. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(G) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(a)(7)

    Pub. L. 108–21, § 607(b)(1)(G), inserted “or” after semicolon at end

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 108–21, § 607(b)(1)(G), inserted “or” after semicolon at end.

    Enacted provision · exact public law section
    (G) in paragraph (7), by inserting “or” after the semicolon; and

37. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(1)(H) · 117 Stat. 650

    Added · 18 U.S.C. § 1028(a)(8)

    Pub. L. 108–21, § 607(b)(1)(H), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 108–21, § 607(b)(1)(H), added par. (8).

    Enacted provision · exact public law section
    (H) by inserting after paragraph (7) the following: “(8) knowingly traffics in false authentication features for use in false identification documents, document-making implements, or means of identification;” .

38. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(2)(A)(i)(I) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(b)(1)(A)

    Pub. L. 108–21, § 607(b)(2)(A)(i)(I), inserted “, authentication feature,” before “or false” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 108–21, § 607(b)(2)(A)(i)(I), inserted “, authentication feature,” before “or false” in introductory provisions.

    Enacted provision · exact public law section
    (I) by inserting “, authentication feature,” before “or false”; and

39. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(2)(A)(i)(II) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(b)(1)(A)(i)

    Pub. L. 108–21, § 607(b)(2)(A)(i)(II), inserted “or authentication feature” after “document”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A)(i). Pub. L. 108–21, § 607(b)(2)(A)(i)(II), inserted “or authentication feature” after “document”.

    Enacted provision · exact public law section
    (II) in clause (i), by inserting “or authentication feature” after “document”; and

40. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(2)(A)(ii) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(b)(1)(B)

    Pub. L. 108–21, § 607(b)(2)(A)(ii), inserted “, authentication features,” before “or false”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 108–21, § 607(b)(2)(A)(ii), inserted “, authentication features,” before “or false”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by inserting “, authentication features,” before “or false”; and

41. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(2)(B) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(b)(2)(A)

    Pub. L. 108–21, § 607(b)(2)(B), inserted “, authentication feature,” before “or a false”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 108–21, § 607(b)(2)(B), inserted “, authentication feature,” before “or a false”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A), by inserting “, authentication feature,” before “or a false”.

42. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(3) · 117 Stat. 650

    Inserted · 18 U.S.C. § 1028(c)(1)

    Pub. L. 108–21, § 607(b)(3), inserted “, authentication feature,” before “or false” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–21, § 607(b)(3), inserted “, authentication feature,” before “or false” in two places.

    Enacted provision · exact public law section
    (3) Circumstances.— Section 1028(c)(1) of title 18, United States Code, is amended by inserting “, authentication feature,” before “or false” each place that term appears.

43. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(4) · 117 Stat. 650

    1. Added · 18 U.S.C. § 1028(d)

       Pub. L. 108–21, § 607(b)(4), added pars. (1), (5), (6) and (12)

    2. Redesignated · 18 U.S.C. § 1028(d)

       Pub. L. 108–21, § 607(b)(4), 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 entity but was subsequently altered for purposes of deceit” after “entity”

    Source evidence

    Code amendment note
    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 entity but was subsequently altered for purposes of deceit” after “entity”.

    Enacted provision · exact public law section
    (4) Definitions.— Section 1028(d) of title 18, United States Code, is amended— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), (10), and (11), respectively; (B) by inserting before paragraph (2), as redesignated, the following: “(1) the term ‘authentication feature’ means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, 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;” ; (C) in paragraph (4)(A), as redesignated, by inserting “or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit” after “entity”; (D) by inserting after paragraph (4), as redesignated, the following: “(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 authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, 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 identification documents, means of identification, or authentication features; and “(B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization;” ; (E) in paragraph (10), as redesignated, by striking “and” at the end; (F) in paragraph (11), as redesignated, by striking the period at the end and inserting “; and”; and (G) by adding at the end the following: “(12) the term ‘traffic’ means— “(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or “(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.” .

44. 2003

    Secure Authentication Feature and Enhanced Identification Defense Act of 2003

    Pub. L. 108–21 § 607(b)(5) · 117 Stat. 650

    1. Added · 18 U.S.C. § 1028(h); 18 U.S.C. § 1028(i)

       Pub. L. 108–21, § 607(b)(5), added subsec. (h)

    2. Redesignated · 18 U.S.C. § 1028(h); 18 U.S.C. § 1028(i)

       Pub. L. 108–21, § 607(b)(5), redesignated former subsec. (h) as (i)

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 108–21, § 607(b)(5), added subsec. (h) and redesignated former subsec. (h) as (i).

    Enacted provision · exact public law section
    (5) Additional penalties.— Section 1028 of title 18, United States Code, is amended— (A) by redesignating subsection (h) as subsection (i); and (B) by inserting after subsection (g) the following: “(h) Forfeiture; Disposition.— In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.” .

45. 2004

    Identity Theft Penalty Enhancement Act

    Pub. L. 108–275 § 3(1) · 118 Stat. 831

    1. Substituted · 18 U.S.C. § 1028(a)(7)

       Pub. L. 108–275, § 3(1), substituted “transfers, possesses,” for “transfers”

    2. Substituted · 18 U.S.C. § 1028(a)(7)

       Pub. L. 108–275, § 3(1), substituted “abet, or in connection with,” for “abet,”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 108–275, § 3(1), substituted “transfers, possesses,” for “transfers” and “abet, or in connection with,” for “abet,”.

    Enacted provision · exact public law section
    (1) in subsection (a)(7)— (A) by striking “transfers” and inserting “transfers, possesses,”; and (B) by striking “abet,” and inserting “abet, or in connection with,”;

46. 2004

    Identity Theft Penalty Enhancement Act

    Pub. L. 108–275 § 3(2) · 118 Stat. 831

    Substituted · 18 U.S.C. § 1028(b)(1)(D)

    Pub. L. 108–275, § 3(2), substituted “transfer, possession,” for “transfer”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 108–275, § 3(2), substituted “transfer, possession,” for “transfer”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1)(D), by striking “transfer” and inserting “transfer, possession,”;

47. 2004

    Identity Theft Penalty Enhancement Act

    Pub. L. 108–275 § 3(3) · 118 Stat. 831

    Substituted · 18 U.S.C. § 1028(b)(2)

    Pub. L. 108–275, § 3(3), substituted “5 years” for “three years” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–275, § 3(3), substituted “5 years” for “three years” in introductory provisions.

    Enacted provision · exact public law section
    (3) in subsection (b)(2), by striking “three years” and inserting “5 years”; and

48. 2004

    Identity Theft Penalty Enhancement Act

    Pub. L. 108–275 § 3(4) · 118 Stat. 831

    Inserted · 18 U.S.C. § 1028(b)(4)

    Pub. L. 108–275, § 3(4), inserted “an act of domestic terrorism (as defined under section 2331(5) of this title) or” after “facilitate”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–275, § 3(4), inserted “an act of domestic terrorism (as defined under section 2331(5) of this title) or” after “facilitate”.

    Enacted provision · exact public law section
    (4) in subsection (b)(4), by inserting after “facilitate” the following: “an act of domestic terrorism (as defined under section 2331(5) of this title) or”.

49. 2004

    Identity Theft Penalty Enhancement Act

    Pub. L. 108–275 § 2(c) · 118 Stat. 831

    Inserted · 18 U.S.C. § 1028(d)

    Pub. L. 108–275, § 2(c), inserted “and section 1028A” after “In this section” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–275, § 2(c), inserted “and section 1028A” after “In this section” in introductory provisions.

    Enacted provision · exact public law section
    (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”.

50. 2004

    9/11 Commission Implementation Act of 2004

    Pub. L. 108–458 title VII § 7216 · 118 Stat. 3638

    Substituted · 18 U.S.C. § 1028(b)(4)

    Pub. L. 108–458 substituted “30 years” for “25 years”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 108–458 substituted “30 years” for “25 years”.

    Enacted provision · exact public law section
    SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.   Section 1028(b)(4) of title 18, United States Code, is amended by striking “25 years” and inserting “30 years”.

51. 2005

    REAL ID Act of 2005

    Pub. L. 109–13 div. B title II § 203(a) · 119 Stat. 231

    Substituted · 18 U.S.C. § 1028(a)(8)

    Pub. L. 109–13 substituted “false or actual authentication features” for “false authentication features”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 109–13 substituted “false or actual authentication features” for “false authentication features”.

    Enacted provision · exact public law section
    (a) Criminal Penalty.— Section 1028(a)(8) of title 18, United States Code, is amended by striking “false authentication features” and inserting “false or actual authentication features”.

52. 2006

    Secret Service Authorization and Technical Modification Act of 2005

    Pub. L. 109–177 § 603(1) · 120 Stat. 192

    Inserted · 18 U.S.C. § 1028(a)(6); 18 U.S.C. § 1028(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in subsection (a)(6), by inserting “or a sponsoring entity of an event designated as a special event of national significance” after “States”;

53. 2006

    Secret Service Authorization and Technical Modification Act of 2005

    Pub. L. 109–177 § 603(3) · 120 Stat. 192

    Inserted · 18 U.S.C. § 1028(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 subdivision of a State,”

    Source evidence

    Code amendment note
    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 subdivision of a State,”.

    Enacted provision · exact public law section
    (3) in subsection (d)(3), by inserting “a sponsoring entity of an event designated as a special event of national significance,” after “political subdivision of a State,”; and

54. 2006

    Secret Service Authorization and Technical Modification Act of 2005

    Pub. L. 109–177 § 603(4) · 120 Stat. 192

    Inserted · 18 U.S.C. § 1028(d)(4)(B); 18 U.S.C. § 1028(d)(6)(B)

    Pub. L. 109–177, § 603(4), inserted “a sponsoring entity of an event designated by the President as a special event of national significance,” after “political subdivision of a State,”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B), (6)(B). Pub. L. 109–177, § 603(4), inserted “a sponsoring entity of an event designated by the President as a special event of national significance,” after “political subdivision of a State,”.

    Enacted provision · exact public law section
    (4) in each of subsections (d)(4)(B) and (d)(6)(B), by inserting “a sponsoring entity of an event designated by the President as a special event of national significance,” after “political subdivision of a State,”.

64 of 64 references resolved to an enrolled provision