SKIM Act
- Bill Number
- H.R. 3810
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-06-06: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T08:05:49Z
AI-Generated Summary
Purpose
The "Stopping Klepto-card and Identity Misuse Act" (SKIM Act) aims to strengthen federal responses to fraud involving access devices—such as credit cards, debit cards, or other tools used to obtain money or goods without authorization—by revising sentencing guidelines to impose harsher penalties and requiring a report on coordinated efforts across government levels to combat this type of crime.
Key Provisions
- Short Title: The bill is officially named the "Stopping Klepto-card and Identity Misuse Act" or "SKIM Act."
- Sentencing Guidelines Revisions (Section 2): Within 30 days of enactment, the United States Sentencing Commission must update the federal Sentencing Guidelines Manual:
- For offenses involving counterfeit or unauthorized access devices (under 18 U.S.C. § 1029), increase the base offense level by 4 levels, with a minimum level of 14 if the calculated level is lower.
- In cases with 10 or more such devices, the total "loss" (financial harm) must include all unauthorized charges made with any of them, regardless of amount.
- Report to Congress (Section 3): Within 90 days of enactment, the Attorney General, in coordination with the Secretary of Homeland Security, must submit a report to specified congressional committees (House and Senate Judiciary and Homeland Security committees). The report covers:
- Assessments of joint federal-state operations to investigate and prosecute access device fraud.
- Technologies and methods used by fraudsters, including those that evade detection.
- Data from the prior year on state/local requests for federal assistance in counterfeit access device cases, including response rates.
- Identification of states/counties where such fraud is a major unaddressed issue.
- Legislative recommendations for better federal-state cooperation.
- Best practices for state/local law enforcement and businesses to prevent fraud.
- Definitions: "Access device" and "counterfeit access device" are defined per federal law (18 U.S.C. § 1029), referring to items like cards or codes used for unauthorized financial access.
Significant Changes to Existing Law
- Harsher Sentencing: This introduces mandatory increases in offense levels for access device fraud, ensuring minimum penalties and broader inclusion of losses in calculations—changes that did not previously exist in the Sentencing Guidelines (section 2B1.1). This targets fraud under specific subsections of 18 U.S.C. § 1029, which criminalizes producing, using, or trafficking counterfeit devices.
- New Reporting Requirement: No prior mandate existed for a comprehensive, coordinated report on multi-level efforts against this fraud, including data on assistance requests and emerging threats.
Potential Impacts
- Government Agencies: The Department of Justice (DOJ) and Department of Homeland Security (DHS) will face immediate reporting obligations, potentially increasing administrative workload but fostering better coordination with state and local law enforcement. The Sentencing Commission must act quickly on guideline updates.
- Citizens: Enhanced penalties and prevention strategies could reduce the prevalence of financial fraud, protecting individuals from identity theft and unauthorized charges, though it may not directly affect daily life unless involved in such crimes.
- International Relations: No direct impacts, as the bill focuses on domestic enforcement; however, it could indirectly support U.S. efforts in international fraud networks if recommendations lead to broader collaborations.
Main Stakeholders Affected
- Federal Agencies: DOJ, DHS, and the United States Sentencing Commission, which must implement changes and provide the report.
- State and Local Law Enforcement: Benefit from assessments, recommendations, and potential increased federal assistance, but may need to adapt to best practices.
- Businesses and Financial Institutions: Gain guidance on combating fraud, potentially reducing losses from counterfeit devices.
- Citizens and Victims: Protected through stricter prosecutions and prevention efforts against fraudsters.
- Congressional Committees: Receive the report to inform future oversight and legislation.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement of existing fraud statutes (18 U.S.C. § 1029) by escalating penalties, which could lead to longer prison terms and higher fines for offenders, promoting deterrence without creating new crimes. The guideline revisions are administrative but binding in federal courts.
- Constitutional: No apparent conflicts with due process or other rights, as changes apply post-conviction in sentencing; however, broader loss calculations might raise fairness questions in judicial reviews if seen as overly punitive.
- Political: Encourages bipartisan focus on financial crime amid rising identity theft concerns, with implications for resource allocation in law enforcement budgets. The bill's emphasis on cooperation could influence state-federal relations, potentially highlighting gaps in under-resourced areas.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Rep. Valadao, David G. [R-CA-22], Rep. Kim, Young [R-CA-40], Rep. McDowell, Addison P. [R-NC-6], Rep. Garbarino, Andrew R. [R-NY-2], Rep. Obernolte, Jay [R-CA-23], Rep. Carey, Mike [R-OH-15], Rep. Bacon, Don [R-NE-2], Rep. Gooden, Lance [R-TX-5], Rep. Shreve, Jefferson [R-IN-6], Rep. Sessions, Pete [R-TX-17], Rep. Grothman, Glenn [R-WI-6], Rep. Allen, Rick W. [R-GA-12]
Recent Actions
- 2025-06-06: Referred to the House Committee on the Judiciary.
- 2025-06-06: Introduced in House
- 2025-06-06: Introduced in House
Bill Versions
- Stopping Klepto-card and Identity Misuse Act — issued 2025-06-06 — PDF (4 pages)