Identity Theft Enforcement and Restitution Act of 2007

Identity Theft Enforcement and Restitution Act of 2007 (Engrossed as Agreed to or Passed by Senate)

E:LSENENRLs2168--es.xml [file 1 of 1]

S 2168 ES

110th CONGRESS
1st Session

To amend title 18, United States Code, to enable increased federal prosecution of identity theft crimes and to allow for restitution to victims of identity theft.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Identity Theft Enforcement and Restitution Act of 2007'.

SEC. 2. CRIMINAL RESTITUTION.

    Section 3663(b) of title 18, United States Code, is amended--
      (1) in paragraph (4), by striking `; and' and inserting a semicolon;
      (2) in paragraph (5), by striking the period at the end and inserting `; and'; and
      (3) by adding at the end the following:
      `(6) in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an amount equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.'.

SEC. 3. PREDICATE OFFENSES FOR AGGRAVATED IDENTITY THEFT AND MISUSE OF IDENTIFYING INFORMATION OF ORGANIZATIONS.

    (a) Identity Theft- Section 1028 of title 18, United States Code, is amended--
      (1) in subsection (a)(7), by inserting `(including an organization as defined in section 18 of this title)' after `person'; and
      (2) in subsection (d)(7), by inserting `or other person' after `specific individual'.
    (b) Aggravated Identity Theft- Section 1028A of title 18, United States Code, is amended--
      (1) in subsection (a)(1), by inserting `(including an organization as defined in section 18 of this title)' after `person'; and
      (2) in subsection (c)--
        (A) in the matter preceding paragraph (1), by inserting `, or a conspiracy to commit such a felony violation,' after `any offense that is a felony violation';
        (B) by redesignating--
          (i) paragraph (11) as paragraph (14);
          (ii) paragraphs (8) through (10) as paragraphs (10) through (12), respectively; and
          (iii) paragraphs (1) through (7) as paragraphs (2) through (8), respectively;
        (C) by inserting prior to paragraph (2), as so redesignated, the following:
      `(1) section 513 (relating to making, uttering, or possessing counterfeited securities);';
        (D) by inserting after paragraph (8), as so redesignated, the following:
      `(9) section 1708 (relating to mail theft);';
        (E) in paragraph (12), as so redesignated, by striking `; or' and inserting a semicolon; and
        (F) by inserting after paragraph (12), as so redesignated, the following:
      `(13) section 7201, 7206, or 7207 of title 26 (relating to tax fraud); or'.

SEC. 4. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE IDENTITY INFORMATION.

    Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking `if the conduct involved an interstate or foreign communication'.

SEC. 5. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.

    (a) In General- Section 1030 of title 18, United States Code, is amended--
      (1) in subsection (a)(5)--
        (A) by striking subparagraph (B); and
        (B) in subparagraph (A)--
          (i) by striking `(A)(i) knowingly' and inserting `(A) knowingly';
          (ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and
          (iii) in subparagraph (C), as so redesignated--
            (I) by inserting `and loss' after `damage'; and
            (II) by striking `; and' and inserting a period;
1 2 3 4 5 Page 1
Page 1 of 5
The 10 most powerful cybersecurity companies