[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[House]
[Pages 18724-18728]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1630
              FORMER VICE PRESIDENT PROTECTION ACT OF 2008

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
concur in the Senate amendments to the bill (H.R. 5938) to amend title 
18, United States Code, to provide secret service protection to former 
Vice Presidents, and for other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendments is as follows:

       Senate amendments:
       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;
       ``(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

[[Page 18725]]

     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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from California (Mr. Issa) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
to include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this bill is being returned to us from the Senate with 
an additional title added. The House of Representatives passed the 
Former Vice President Protection Act of 2008 under suspension of the 
rules in June, as a much-needed permanent solution to reauthorize the 
protection of former Vice Presidents and their families.
  As amended by the Senate, the bill now also includes a new title 
addressing the problem of cybercrime. These additional provisions 
provide needed tools to law enforcement to address the growing and 
evolving crime of identity theft, as well as other types of cybercrimes 
in several critical aspects.
  First, the bill allows victims of identity theft to seek restitution 
in Federal court for the loss of time and money spent restoring their 
credit and remedying the harm caused by this crime. This helps ensure 
that identity-theft victims will be made whole financially.
  Second, the bill updates criminal laws with respect to identity theft 
schemes so that they reflect current technologies, and can therefore 
better respond to the sophisticated aspects of these crimes. For 
example, to address the increasing number of computer hacking crimes 
that involve computers that may be located within the same State, the 
bill removes the current proof requirement that a computer's 
information must be stolen through an interstate or international 
communication. The fact that you are using Internet will still satisfy 
the interstate commerce requirements of the Constitution.
  In addition, the bill addresses the increasing number of attacks on 
multiple computers by making it a felony to employ spyware to damage 10 
or more computers. The new tools provided in this bill should be of 
significant help to law enforcement in providing a more effective 
deterrent against identity theft and other computer crimes.
  Mr. Speaker, I urge my colleagues to support this legislation, to 
agree to the amendment, and I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I join with my colleague in strong support of 
H.R. 5938, the Former Vice President Protection Act of 2008.
  As my colleague said so rightfully, it is appropriate that we grant 
to former Vice Presidents, their spouses and children a period of time 
in transition of protection by the Secret Service.
  For the past 30 years, it has been a common practice for former Vice 
Presidents to receive protections on a temporary basis, via joint 
resolution of

[[Page 18726]]

Congress. This act seeks to make that, appropriately, permanent, and I 
join with my colleague.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker and my colleagues, I don't rise in opposition 
to the Former Vice President Protection Act; I appreciate the work that 
has been done by the committee on this measure. I don't come here to 
deride any of their efforts. It's legislation that we probably need to 
pass.
  But I do have to say that I just returned from my district in Florida 
that extends all the way from the suburbs of Orlando to Jacksonville 
city limits and has the suburbs on the south of Jacksonville through 
six counties, 32 cities. I spent a wonderful weekend with my 
constituents, more than a dozen meetings, probably saw more than 1,000 
folks this past weekend, enjoyed being home, Florida sun, actually, 
just a beautiful weekend.
  But I have to tell you, my colleagues, from one end of my district, 
and my house is just within a few blocks of the southern border, all 
the way to the Jacksonville city limits, traveling through most of 
those six counties, not one person came to me and said, Mr. Mica, go 
back to Washington, pass the Vice Presidential Protection Act. But I 
will tell you that everywhere I went there was one thing on people's 
mind, and that's the cost of energy.
  With the storms, our heart-felt thoughts and prayers go to the people 
of Texas and all the area that was hit along the coast and up through 
the heartland of America this past few days. Another natural disaster, 
my area was hit some time ago by three hurricanes. We have had 
tornadoes, and we have had floods. We all have to deal with those.
  From that hurricane that we saw hit the coast, that had immediate 
impact in that we had, unfortunately, some price adjustments, some 
price gouging by people taking advantage of the situation with just the 
slight turnoff of the refineries and delay and production of energy.
  As I traveled up and down my district, some of the gas stations 
closed early. Many of them had plastic bags over the lower cost grade 
of fuel. People were concerned about energy.
  I am not talking about people, and I have some very wealthy people on 
the south end in the suburbs and in the north end, that don't have to 
worry about $4 and $5 fuel costs per gallon. I am talking about working 
men and women, single parents, people struggling, retirees that are 
trying to pay their bills.
  Again, none of them talked to me about passing a vice presidential 
protection act, but they said, Congressman Mica, go back to Washington, 
and whether the cameras and lights are on, and whether the gallery is 
full or empty, whether the press is here, or whatever the subject, you 
bring, as our elected representative to the people's House, the House 
of Representatives, our concern that we want our government, our 
Congress, our House of Representatives and the United States Senate to 
act to pass a comprehensive energy plan.
  Now, they get it out there. They understand that Congress has that 
responsibility, and it has the ability to do that.
  Now, I served as a leader of the Transportation Committee, and let me 
tell you how quickly this place can work if it wants to. I have agreed 
with Mr. Oberstar, my Democrat counterpart. He is the Chair of the 
Transportation Committee; I am the Republican leader. I agreed on a 
Friday to introduce legislation which we agreed to, again, on a Friday. 
On a Monday, we introduced it in the House. On a Tuesday, we passed it 
through the House of Representatives. On a Wednesday we passed it 
through the United States Senate. On a Thursday night at 7 o'clock, the 
President signed it into law.
  After 9/11 we came together in a national emergency. Now, we didn't 
have a terrorist hit, but we had a national emergency. Our people are 
hurting, people are hurting. It's the folks that the other side of the 
aisle claim to be trying to be the advocates for, and they have been 
standing in the way.
  I have been around this place for more than two decades. I come from 
the most bipartisan family since 1889 to serve in the House of 
Representatives. I have never seen the House closed or Members denied 
the opportunity to discuss in a time of national crisis, and we have a 
crisis on our hands. Energy is not only affecting the price of gas, if 
you haven't been to the supermarket lately, my friends in the House, 
anyone who is in elected office who may not get to the supermarket, I 
advise you to get to the supermarket and see the sticker shock that the 
same folks are seeing, exorbitant prices at the fuel pump people are 
paying for average goods just to try to keep food on their table.
  So we have a crisis. I have never seen a time when we weren't even 
allowed to bring an issue that would deal with a crisis, and here we 
know need a comprehensive approach. It's not just drilling, although I 
have a record way back to my days on the floor of the legislature of 
promoting responsible exploration, development of our domestic 
resources.
  Sometimes it was a pretty lonely caucus that I belonged to. I was the 
only member from the Florida delegation, Democrat or Republican, to 
support us keeping energy independent in a responsible manner. Maybe I 
was ahead of my time, but I didn't want us to become dependent on 
foreign energy. That's where we are right now.
  They have got us right where they want us. When you have a natural 
disaster, like we had this weekend, it drives speculation. It drives 
the cost up. It drove the availability up, because there is nothing 
like driving to a gas station and seeing a plastic bag over all of the 
pumps and no fuel available.
  I am disappointed. Again, I don't want to detract, what this 
committee is doing is a responsible act, but no one asked me to come 
here to pass a Vice Presidential protection act. But I am telling you, 
they told me to come back to Washington to, to stay in Washington, to 
work in Washington, and, in a bipartisan fashion, to pass all of the 
above.
  They get it, it's drilling, and we are not talking about the politics 
of drilling, and I have seen the politics of drilling in my own State 
of Florida for years. That was bad politics, and it got us in this bad 
situation.
  What we need to do with extracting oil or gas or natural resources 
from off our shores is use the latest technology and base our 
exploration and development on sound science and good practices that do 
not harm the environment. Don't tell me you can't do it, you can do it. 
We can do it. We can extract it.
  Why should we be dependent on the Mid East, Nigeria, Venezuela, and 
other foreign sources of energy? Folks, it doesn't make sense.
  But you know what? The American people got it. They have been busy 
out there. They are trying to raise a family. They are trying to put 
food on the table. They are trying to send their kids to school. They 
are struggling to keep their jobs in a depressed market right now, and 
all they want is a little help from the people they sent here to do 
their job.
  They get it about drilling. They get it about alternative sources. 
You know, just drilling isn't going to do it, and just developing our 
resources, which we can do, and we can do it in an expedited fashion. 
But they know the long-term fix is to get off that, to have alternative 
fuels.
  I submit that the proposal by the Republicans, the American Energy 
Act, does just that. It's all of the above. Somehow we have gotten it.
  Now we can't afford a sham in coming forward, and you know, some 
people are looking for political cover. They have an election around 
the corner. We have got to have a vote on something to make it look 
like we are doing something. But that does not solve the problem.
  I plead, on behalf of those people that I saw this weekend in the 
Seventh Congressional District, to do something

[[Page 18727]]

meaningful, to do a comprehensive energy act. It will start to solve 
some of our problems.
  We can start becoming energy independent. We can lower the price of 
fuel and food that people depend on to feed their families. Then we can 
start building this economy again. The great opportunity that I have 
had in the last year and a half, leading the Transportation Committee, 
is not just see the projects and things going on in my district, but 
see the magnificence of this country from sea to shining sea.
  This is an incredible country, and there isn't any challenge that we 
have never been able to undertake and also win at. We are creative 
people. We can do it.
  All those people out there that are working so hard, sending their 
money here, relying on us to do something, to be their representative 
in this governing body that has so much say, let's just do our job. Put 
the politics aside, put November aside, put these people forward. 
That's all they are asking is for us to do our job.

                              {time}  1645

  So I stayed here when the lights went out last week until I had the 
opportunity to speak, and C-SPAN was turned off and the Speaker had 
left and the place was closed down. I came back early today to tell you 
that they did not ask me, not one of them, to pass the Former Vice 
President Protection Act, but they did ask me, please do something 
about our energy, Mr. Mica. You are our Representative. Go back there 
and tell them that we need their help to get the economy going, to get 
this situation under control so we can give a great opportunity to our 
children, to our hopes and dreams for this great country.
  I know we can do it. I know we can do it. Our predecessors have done 
it. I don't know why we are not doing it.
  I thank the gentleman for yielding.
  Mr. SCOTT of Virginia. I reserve the balance of my time to close.
  Mr. ISSA. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I say this in a bipartisan way, that in fact this body, 
and I know we are not allowed to talk about the other body, the Senate, 
and so I will only talk in terms of this bill.
  Mr. Speaker, this bill came back with a very good piece of 
legislation attached to a very good piece of legislation; but it came 
back based on a fundamental problem between the two bodies, and I 
thought it appropriate to speak on it.
  There is no germaneness to the second half of this bill. This is 
simply the Senate's ability under their rules to take something that is 
not germane and attach it. I wouldn't have a problem with that except 
under our rules, Mr. Speaker, even if we are in fact doing an 
immigration bill in committee, as we were last week, even if that 
immigration bill deals with the allocation of who gets to come into 
this country temporarily and permanently, if the bill only deals with 
one sub, sub, sub-portion of a statute, that is all we are allowed to 
consider. That is wrong, Mr. Speaker.
  And so I address you on behalf of the inequity between something 
completely unrelated being attached to a bill and voted out of this 
body. Both of these pieces of legislation are bipartisan. But if we 
cannot in fact even consider like information if it is ever so slightly 
outside of the definition of germaneness, and then we have to accept 
whole pieces of legislation never voted on because they were attached 
by the Senate, this body needs fundamental reform as to what our rules 
of germaneness are.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, this bill will allow the 
protection of former Vice Presidents, and as the gentleman from 
California has indicated, the Senate under their rules, not our rules, 
has added another provision, an important provision, that apparently 
there is no controversy on addressing the problem of cyber crime. I 
would hope that we would accept the Senate amendment and pass the bill.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 5938, the ``Former Vice President Protection Act of 2008.'' I 
would like to thank the Chair of the Judiciary Committee, Congressman 
Conyers, for introducing this bill and for providing leadership on this 
important issue.
  The former vice presidents of the United States have brought to that 
office significant public service experience, including as members of 
Congress or state governors. Some came to their role as president of 
the Senate already familiar with the body, having served as U.S. 
senators. Several vice presidents later returned to serve again in the 
Senate, among them former President Andrew Johnson. Two vice 
presidents, George Clinton and John C. Calhoun, held the office under 
two different presidents.
  Of the fourteen vice presidents who fulfilled their ambition by 
achieving the presidency, eight succeeded to the office on the death of 
a president, and four of these were later elected president. Two vice 
presidents, Hannibal Hamlin and Henry Wallace, were dropped from the 
ticket after their first term, only to see their successors become 
president months after taking office, when the assassination of Abraham 
Lincoln made Andrew Johnson president and the death of Franklin D. 
Roosevelt raised Harry Truman to the presidency. Similarly, when Spiro 
Agnew resigned, he was replaced under the Twenty-fifth Amendment by 
Gerald R. Ford, who became president when Richard M. Nixon resigned 
less than a year later.
  The vice presidency was generally held by men of mature years, with 
most of them in their fifties or sixties when they took office. The 
youngest, John C. Breckinridge of Kentucky, was thirty-six at the 
beginning of his term. At seventy-two, Alben Barkley, another 
Kentuckian, was the oldest when his term began.
  Because I recognize the importance of the vice presidency and the 
pivotal role it plays in American politics, I believe that tribute, 
respect, honor, and protection should be afforded to the person, and 
the family, that has obtained this position. I am proud to support this 
legislation.
  Specifically, Title 18 U.S.C. provides former Presidents and their 
spouses protection by the United States Secret Service after leaving 
office but provides no such protection for former Vice Presidents and 
their families. H.R. 5938, authorizes the United States Secret Service 
to protect the former Vice President of the United States, his/her 
spouse, and his/her children under the age of 17 for not more than six 
months after the Vice President leaves office. The bill would also 
allow protection to continue should circumstances warrant extension.
  After the assassination of President William McKinley in 1901, 
Congress informally requested Secret Service presidential protection. A 
year later, the Secret Service assumed full-time responsibility for 
protection of the President. Today, the Secret Service, which is under 
the Department of Homeland Security, is tasked with protecting the 
President of the United States and spouse and children under 17 years 
old for up to ten years after serving in office. The Secret Service 
also provides protection for the widow(er) of the President and it 
provides protection for foreign heads of state and accompanying spouse 
when they visit the United States.
  To date, four presidents have been assassinated, and there have been 
approximately twelve other assassination attempts on U.S. presidents. 
Under current law, because of the prestige of the office of President, 
current and former Presidents are protected by the Secret Service. 
Former Vice Presidents have not received any protection from the Secret 
Service after the vice president's term in office had expired. This 
legislation would ensure that Vice Presidents get protection for as 
long as necessary. Thus, the legislation ensures the safety and well-
being of the Vice President, spouse, and children under 17 years of 
age. This bill recognizes the important role of the office of Vice 
President. It is a powerful role with important responsibilities. This 
bill makes an important statement regarding our appreciation, 
commitment, and respect to the second most powerful position in this, 
our great country.
  I think this bill makes sense. It is reasonable in its scope and its 
terms. I am proud to support this bill and I urge my colleagues to do 
likewise.
  Mr. SCOTT of Virginia. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and concur in the Senate amendments to the bill, H.R. 5938.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page 18728]]


  Mr. ISSA. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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