“To require the Attorney General to report to Congress on Federal, State, and local efforts to combat access device fraud, and for other purposes.”
No CRS summary available for this bill.
This section directs the United States Sentencing Commission, not later than 30 days after enactment, to revise the sentencing guidelines in §2B1.1 (offenses involving fraud or deceit) by (1) providing in subsection (b)(11) for a 4-level increase for offenses involving counterfeit or unauthorized access devices (i.e., credit cards, debit cards, or similar), with a minimum offense level of 14 if the resulting level would otherwise be lower; and (2) specifying in the application notes to subsection (b) that, in cases involving 10 or more such devices, intended loss includes any unauthorized charges made using any of the devices regardless of amount.
This section requires the Attorney General, in coordination with the Secretary of Homeland Security, to submit to the House and Senate Judiciary Committees and House Homeland Security Committee and Senate Homeland Security and Governmental Affairs Committee, not later than 90 days after enactment, a report on coordinated federal, state, and local law enforcement efforts to prevent, investigate, prosecute, and sentence access device fraud offenses under 18 U.S.C. §1029. The report must assess (1) cooperative operations to prosecute fraud under specified §1029 subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(8), and (b)(2); (2) perpetrator technologies and techniques; (3) state and local assistance requests to DOJ or DHS in the prior one-year period, including assistance provided or denied; (4) states and counties where such fraud is unaddressed or concerning; (5) legislative recommendations to improve cooperation; and (6) best practices for state and local law enforcement and business owners. It defines "access device" and "counterfeit access device" as in 18 U.S.C. §1029 and "appropriate congressional committees" to include the specified committees.