S 2168 · 110th Congress 2007–2009, ended

Identity Theft Enforcement and Restitution Act of 2007

Introduced Oct 16, 2007 Originated Senate Sponsor Patrick J. Leahy D-VT

Latest action · Feb 4, 2008 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedOct 16, 2007
Passed SenateNov 15, 2007
Passed HouseNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Identity Theft Enforcement and Restitution Act of 2007 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) expand identity theft and aggravated identity theft crimes to include offenses against organizations (currently, only natural persons are protected); (3) include conspiracy to commit a felony within the definition of "felony violation" for purposes of aggravated identity theft crimes; (4) include making, uttering, or possessing counterfeited securities, mail theft, and tax fraud as predicate offenses for aggravated identity theft; (5) enable prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (6) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (7) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (8) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (9) prohibit conspiracies to commit computer fraud; (10) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (11) impose criminal and civil forfeitures of property used to commit computer fraud offenses.

Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect increased penalties for such offenses. Sets forth criteria for updating such guidelines and policy statements.

Cosponsors 11

Members who signed on, in the order they did. Signatures ran from Oct 16, 2007 to Nov 7, 2007; 4 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-PA	Arlen Specter	Original	Oct 16, 2007
D-FL	Bill Nelson	Original	Oct 16, 2007
R-IA	Chuck Grassley	Original	Oct 16, 2007
D-IL	Richard J. Durbin	Original	Oct 16, 2007
D-NY	Charles E. Schumer		Oct 30, 2007
D-DE	Joseph R. Biden Jr.		Oct 30, 2007
R-UT	Orrin G. Hatch		Oct 30, 2007
D-HI	Daniel K. Inouye		Nov 5, 2007
R-AK	Ted Stevens		Nov 5, 2007
D-CA	Dianne Feinstein		Nov 6, 2007
D-AR	Mark L. Pryor		Nov 7, 2007

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
Senate	Judiciary Committee	Referred Oct 16, 2007Markup Nov 1, 2007Reported Nov 1, 2007
House	Judiciary Committee	Referred Dec 4, 2007
	Crime and Federal Government Surveillance Subcommittee	Referred Feb 4, 2008

Actions 11

Everything that happened, newest first.

Feb 4, 2008Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Dec 4, 2007Received in the House.
Dec 4, 2007Referred to the House Committee on the Judiciary.
Nov 16, 2007Message on Senate action sent to the House.
Nov 15, 2007Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent. (consideration: CR S14568-14572; text of measure as reported in Senate: CR S14568-14569; text as passed Senate: CR S14570-14572)
Nov 1, 2007Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Nov 1, 2007Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
Nov 1, 2007Placed on Senate Legislative Calendar under General Orders. Calendar No. 459.
Oct 16, 2007Introduced in Senate
Oct 16, 2007Sponsor introductory remarks on measure. (CR S12938-12939)
Oct 16, 2007Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S12939-12940)

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Senate	Debate and remarks S14675	Patrick J. Leahy D-VT	Dec 3, 2007
Senate	Debate and remarks S14568–S14570Text printed S14568, S14570–S14572Amendments S14568	Ken Salazar D-CO, Patrick J. Leahy D-VT	Nov 15, 2007
Senate	Debate and remarks S14275	Patrick J. Leahy D-VT	Nov 13, 2007
Senate	Debate and remarks S14182	Richard J. Durbin D-IL	Nov 8, 2007
Senate	Debate and remarks S12938, S12940Text printed S12939	Arlen Specter D-PA, Patrick J. Leahy D-VT (text)	Oct 16, 2007

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Congressional Budget Office cost estimates 2

Nov 7, 2007S. 2168, Identity Theft Enforcement and Restitution Act of 2007<p>Cost estimate for the bill as ordered reported by the Senat Committee on the Judiciary on November 1, 2007</p>
Nov 7, 2007S. 2168, Identity Theft Enforcement and Restitution Act of 2007Cost estimate for the bill as ordered reported by the Senat Committee on the Judiciary on November 1, 2007

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
Serial No. 110-128	PRIVACY AND CYBERCRIME ENFORCEMENT ACT OF 2007143 pages	Judiciary Committee	Dec 18, 2007

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HR 6060	Identity Theft Enforcement and Restitution Act of 2008	Related bill	Jul 28, 2008

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced: A bill 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.
Short Titles as Introduced: Identity Theft Enforcement and Restitution Act of 2007
Short Titles as Reported to Senate: Identity Theft Enforcement and Restitution Act of 2007
Short Titles as Passed Senate: Identity Theft Enforcement and Restitution Act of 2007

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 4

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.