[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[Senate]
[Pages 17060-17061]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  FORMER VICE PRESIDENT PROTECTION ACT

  Mr. PRYOR. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of H.R. 5938, and 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 5938) to amend title 18, United States Code, 
     to provide Secret Service protection to former Vice 
     Presidents, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. PRYOR. Mr. President, I ask unanimous consent that a Leahy-
Specter amendment, which is at the desk, be agreed to, the bill, as 
amended, be read the third time and passed, the motions to reconsider 
be laid upon the table, with no intervening action or debate, and that 
any statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5257) was agreed to, as follows:

 (Purpose: 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)

       On page 2, strike lines 1 through 5, and insert the 
     following:

             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.

       On page 3, strike line 1 and insert the following:

     SEC. 103. EFFECTIVE DATE.

       On page 3, after line 4, insert the following:

        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;

[[Page 17061]]

       ``(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.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 5938), as amended, was read the third time, and 
passed.

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