[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5938 Enrolled Bill (ENR)]

        H.R.5938

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
    To amend title 18, United States Code, to provide secret service 
      protection to former Vice Presidents, and for other purposes.

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

             TITLE I--FORMER VICE PRESIDENT PROTECTION ACT

    SEC. 101. SHORT TITLE.
    This title may be cited as the ``Former Vice President Protection 
Act of 2008''.
    SEC. 102. SECRET SERVICE PROTECTION FOR FORMER VICE PRESIDENTS AND 
      THEIR FAMILIES.
    Section 3056(a) of title 18, United States Code, is amended--
        (1) by inserting immediately after paragraph (7) the following:
        ``(8) Former Vice Presidents, their spouses, and their children 
    who are under 16 years of age, for a period of not more than six 
    months after the date the former Vice President leaves office. The 
    Secretary of Homeland Security shall have the authority to direct 
    the Secret Service to provide temporary protection for any of these 
    individuals at any time thereafter if the Secretary of Homeland 
    Security or designee determines that information or conditions 
    warrant such protection.''; and
        (2) in the sentence immediately preceding subsection (b) of 
    section 3056, by striking ``(7)'' and inserting ``(8)''.
    SEC. 103. EFFECTIVE DATE.
    The amendments made by this Act shall apply with respect to any 
Vice President holding office on or after the date of enactment of the 
Act.

        TITLE II--IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Identity Theft Enforcement and 
Restitution Act of 2008''.
    SEC. 202. 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. 203. 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. 204. 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;

        (2) in subsection (c)--
            (A) in paragraph (2)(A), by striking ``(a)(5)(A)(iii),'';
            (B) in paragraph (3)(B), by striking ``(a)(5)(A)(iii),'';
            (C) by amending paragraph (4) to read as follows:
        ``(4)(A) except as provided in subparagraphs (E) and (F), a 
    fine under this title, imprisonment for not more than 5 years, or 
    both, in the case of--
            ``(i) an offense under subsection (a)(5)(B), which does not 
        occur after a conviction for another offense under this 
        section, if the offense caused (or, in the case of an attempted 
        offense, would, if completed, have caused)--
                ``(I) loss to 1 or more persons during any 1-year 
            period (and, for purposes of an investigation, prosecution, 
            or other proceeding brought by the United States only, loss 
            resulting from a related course of conduct affecting 1 or 
            more other protected computers) aggregating at least $5,000 
            in value;
                ``(II) the modification or impairment, or potential 
            modification or impairment, of the medical examination, 
            diagnosis, treatment, or care of 1 or more individuals;
                ``(III) physical injury to any person;
                ``(IV) a threat to public health or safety;
                ``(V) damage affecting a computer used by or for an 
            entity of the United States Government in furtherance of 
            the administration of justice, national defense, or 
            national security; or
                ``(VI) damage affecting 10 or more protected computers 
            during any 1-year period; or
            ``(ii) an attempt to commit an offense punishable under 
        this subparagraph;
        ``(B) except as provided in subparagraphs (E) and (F), a fine 
    under this title, imprisonment for not more than 10 years, or both, 
    in the case of--
            ``(i) an offense under subsection (a)(5)(A), which does not 
        occur after a conviction for another offense under this 
        section, if the offense caused (or, in the case of an attempted 
        offense, would, if completed, have caused) a harm provided in 
        subclauses (I) through (VI) of subparagraph (A)(i); or
            ``(ii) an attempt to commit an offense punishable under 
        this subparagraph;
        ``(C) except as provided in subparagraphs (E) and (F), a fine 
    under this title, imprisonment for not more than 20 years, or both, 
    in the case of--
            ``(i) an offense or an attempt to commit an offense under 
        subparagraphs (A) or (B) of subsection (a)(5) that occurs after 
        a conviction for another offense under this section; or
            ``(ii) an attempt to commit an offense punishable under 
        this subparagraph;
        ``(D) a fine under this title, imprisonment for not more than 
    10 years, or both, in the case of--
            ``(i) an offense or an attempt to commit an offense under 
        subsection (a)(5)(C) that occurs after a conviction for another 
        offense under this section; or
            ``(ii) an attempt to commit an offense punishable under 
        this subparagraph;
        ``(E) if the offender attempts to cause or knowingly or 
    recklessly causes serious bodily injury from conduct in violation 
    of subsection (a)(5)(A), a fine under this title, imprisonment for 
    not more than 20 years, or both;
        ``(F) if the offender attempts to cause or knowingly or 
    recklessly causes death from conduct in violation of subsection 
    (a)(5)(A), a fine under this title, imprisonment for any term of 
    years or for life, or both; or
        ``(G) a fine under this title, imprisonment for not more than 1 
    year, or both, for--
            ``(i) any other offense under subsection (a)(5); or
            ``(ii) an attempt to commit an offense punishable under 
        this subparagraph.''; and
            (D) by striking paragraph (5); and
        (3) in subsection (g)--
            (A) in the second sentence, by striking ``in clauses (i), 
        (ii), (iii), (iv), or (v) of subsection (a)(5)(B)'' and 
        inserting ``in subclauses (I), (II), (III), (IV), or (V) of 
        subsection (c)(4)(A)(i)''; and
            (B) in the third sentence, by striking ``subsection 
        (a)(5)(B)(i)'' and inserting ``subsection (c)(4)(A)(i)(I)''.
    (b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18, 
United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting 
in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting 
``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) 
through (VI)''.
    SEC. 205. CYBER-EXTORTION.
    Section 1030(a)(7) of title 18, United States Code, is amended to 
read as follows:
        ``(7) with intent to extort from any person any money or other 
    thing of value, transmits in interstate or foreign commerce any 
    communication containing any--
            ``(A) threat to cause damage to a protected computer;
            ``(B) threat to obtain information from a protected 
        computer without authorization or in excess of authorization or 
        to impair the confidentiality of information obtained from a 
        protected computer without authorization or by exceeding 
        authorized access; or
            ``(C) demand or request for money or other thing of value 
        in relation to damage to a protected computer, where such 
        damage was caused to facilitate the extortion;''.
    SEC. 206. CONSPIRACY TO COMMIT CYBER-CRIMES.
    Section 1030(b) of title 18, United States Code, is amended by 
inserting ``conspires to commit or'' after ``Whoever''.
    SEC. 207. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR 
      CRIMINAL PENALTIES.
    Section 1030(e)(2)(B) of title 18, United States Code, is amended 
by inserting ``or affecting'' after ``which is used in''.
    SEC. 208. FORFEITURE FOR SECTION 1030 VIOLATIONS.
    Section 1030 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i)(1) The court, in imposing sentence on any person convicted of 
a violation of this section, or convicted of conspiracy to violate this 
section, shall order, in addition to any other sentence imposed and 
irrespective of any provision of State law, that such person forfeit to 
the United States--
        ``(A) such person's interest in any personal property that was 
    used or intended to be used to commit or to facilitate the 
    commission of such violation; and
        ``(B) any property, real or personal, constituting or derived 
    from, any proceeds that such person obtained, directly or 
    indirectly, as a result of such violation.
    ``(2) The criminal forfeiture of property under this subsection, 
any seizure and disposition thereof, and any judicial proceeding in 
relation thereto, shall be governed by the provisions of section 413 of 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853), except subsection (d) of that section.
    ``(j) For purposes of subsection (i), the following shall be 
subject to forfeiture to the United States and no property right shall 
exist in them:
        ``(1) Any personal property used or intended to be used to 
    commit or to facilitate the commission of any violation of this 
    section, or a conspiracy to violate this section.
        ``(2) Any property, real or personal, which constitutes or is 
    derived from proceeds traceable to any violation of this section, 
    or a conspiracy to violate this section''.
    SEC. 209. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.
    (a) Directive.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review its guidelines and 
policy statements applicable to persons convicted of offenses under 
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States 
Code, and any other relevant provisions of law, in order to reflect the 
intent of Congress that such penalties be increased in comparison to 
those currently provided by such guidelines and policy statements.
    (b) Requirements.--In determining its guidelines and policy 
statements on the appropriate sentence for the crimes enumerated in 
subsection (a), the United States Sentencing Commission shall consider 
the extent to which the guidelines and policy statements may or may not 
account for the following factors in order to create an effective 
deterrent to computer crime and the theft or misuse of personally 
identifiable data:
        (1) The level of sophistication and planning involved in such 
    offense.
        (2) Whether such offense was committed for purpose of 
    commercial advantage or private financial benefit.
        (3) The potential and actual loss resulting from the offense 
    including--
            (A) the value of information obtained from a protected 
        computer, regardless of whether the owner was deprived of use 
        of the information; and
            (B) where the information obtained constitutes a trade 
        secret or other proprietary information, the cost the victim 
        incurred developing or compiling the information.
        (4) Whether the defendant acted with intent to cause either 
    physical or property harm in committing the offense.
        (5) The extent to which the offense violated the privacy rights 
    of individuals.
        (6) The effect of the offense upon the operations of an agency 
    of the United States Government, or of a State or local government.
        (7) Whether the offense involved a computer used by the United 
    States Government, a State, or a local government in furtherance of 
    national defense, national security, or the administration of 
    justice.
        (8) Whether the offense was intended to, or had the effect of, 
    significantly interfering with or disrupting a critical 
    infrastructure.
        (9) Whether the offense was intended to, or had the effect of, 
    creating a threat to public health or safety, causing injury to any 
    person, or causing death.
        (10) Whether the defendant purposefully involved a juvenile in 
    the commission of the offense.
        (11) Whether the defendant's intent to cause damage or intent 
    to obtain personal information should be disaggregated and 
    considered separately from the other factors set forth in USSG 
    2B1.1(b)(14).
        (12) Whether the term ``victim'' as used in USSG 2B1.1, should 
    include individuals whose privacy was violated as a result of the 
    offense in addition to individuals who suffered monetary harm as a 
    result of the offense.
        (13) Whether the defendant disclosed personal information 
    obtained during the commission of the offense.
    (c) Additional Requirements.--In carrying out this section, the 
United States Sentencing Commission shall--
        (1) assure reasonable consistency with other relevant 
    directives and with other sentencing guidelines;
        (2) account for any additional aggravating or mitigating 
    circumstances that might justify exceptions to the generally 
    applicable sentencing ranges;
        (3) make any conforming changes to the sentencing guidelines; 
    and
        (4) assure that the guidelines adequately meet the purposes of 
    sentencing as set forth in section 3553(a)(2) of title 18, United 
    States Code.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.