119-HR3810

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3810

1. Short title
2. Sentencing guidelines
3. Report to Congress

1. Short title

This Act may be cited as the "Stopping Klepto-card and Identity Misuse Act" or the "SKIM Act".

2. Sentencing guidelines

Not later than 30 days after the date of enactment of this Act, the United States Sentencing Commission shall revise of the United States Sentencing Commission Guidelines Manual—

(1) - in section 2B1.1(b)(11) to provide that—

(A) - the baseline increase described in that paragraph shall be an increase by 4 levels; and

(B) - if the resulting offense level is less than level 14, the offense shall be increased to level 14; and

(2) - in the notes related to the application of subsection (b) of section 2B1.1, that in a case involving 10 or more counterfeit access devices or unauthorized access devices, loss includes any unauthorized charges made with any such counterfeit access device or unauthorized access device in any amount.

3. Report to Congress

(a) Report to congress - Not later than 90 days after the date of the enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the coordinated efforts of the Department of Homeland Security and Department of Justice, along with State and local law enforcement agencies to prevent, investigate, prosecute, and sentence fraud offenses involving the use of access devices.

(b) Contents - The report under this section shall include the following:

(1) - An assessment of cooperative operations of Federal and State law enforcement agencies to identify and prosecute fraud involving the use of access devices under subsections (a)(1), (2), (3), (4), and (8), and (b)(2) of section 1029 of title 18, United States Code.

(2) - An assessment of technologies and techniques used by perpetrators of fraud using counterfeit access devices, which may facilitate such fraud or prevent its detection by law enforcement personnel.

(3) - For the one-year period preceding the report, the number of requests for assistance that State or local law enforcement agencies made to the Department of Justice or the Department of Homeland Security related to fraud involving the use of counterfeit access devices, including the number of such requests for which the Department of Justice or the Department of Homeland Security provided assistance, and the number of such request for which neither agency provided assistance.

(4) - States and counties in which fraud involving the use of counterfeit access devices remains unaddressed or of particular concern to the Secretary and Attorney General.

(5) - Legislative recommendations for cooperation between Federal and State law enforcement agencies to address such fraud.

(6) - Recommendations on best practices for State and local law enforcement agencies and business owners to combat such fraud.

(c) Definitions - In this section:

(1) - The terms access device and counterfeit access device have the meaning given such terms in section 1029 of title 18, United States Code.

(2) - The term appropriate congressional committees means—

(A) - the Committee on the Judiciary of the House of Representatives;

(B) - the Committee on the Judiciary of the Senate;

(C) - the Committee on Homeland Security of the House of Representatives; and

(D) - the Committee on Homeland Security and Governmental Affairs of the Senate.