This bill is called the Stopping Klepto-card and Identity Misuse Act (SKIM Act). It directs two main actions. First, the United States Sentencing Commission must change fraud sentencing rules within 30 days. The change increases the baseline sentencing adjustment in guideline section 2B1.1(b)(11) by 4 levels and sets a minimum offense level of 14 when the adjusted level would be lower. The guidelines notes will also say that, in cases involving 10 or more counterfeit or unauthorized access devices, "loss" includes any unauthorized charges made with those devices, no matter how small.
Second, the Attorney General, working with the Secretary of Homeland Security, must give a report to relevant congressional committees within 90 days. The report must describe how federal, State, and local agencies work together to prevent, investigate, prosecute, and sentence fraud involving access devices. The report must assess cooperation on prosecutions under section 1029 of title 18, describe technologies and methods used by perpetrators, list the number of help requests from State or local agencies in the past year and whether DOJ or DHS provided help, identify States and counties where this fraud is still a problem, and offer legislative recommendations and best practices for law enforcement and business owners. The bill uses the definitions of "access device" and "counterfeit access device" from 18 U.S.C. 1029.
If you are prosecuted and convicted for using counterfeit or unauthorized access devices, the sentencing guidelines the courts use could be higher. Law enforcement agencies and businesses may get new recommendations and best practices from a DOJ/DHS report. State and local agencies may get more coordinated federal help if they ask for assistance.
No publicly available information. The bill text does not include cost estimates or specific funding or appropriations.
Supporters say the bill raises guideline levels for access-device fraud and asks DOJ and DHS to report on coordination, technology threats, and best practices. The bill aims to improve detection, investigation, prosecution, and sentencing for fraud using counterfeit or unauthorized payment devices.
No publicly available information on opponent positions or objections in the bill text or provided metadata.