[110th Congress Public Law 326]
[From the U.S. Government Printing Office]


[DOCID: f:publ326.110]

[[Page 3559]]

                    FORMER VICE PRESIDENT PROTECTION

[[Page 122 STAT. 3560]]

Public Law 110-326
110th Congress

                                 An Act


 
    To amend title 18, United States Code, to provide secret service 
          protection to former Vice Presidents, and for other 
           purposes. <<NOTE: Sept. 26, 2008 -  [H.R. 5938]>> 

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

TITLE I--FORMER <<NOTE: Former Vice President Protection Act of 2008.>>  
VICE PRESIDENT PROTECTION ACT
SEC. 101. <<NOTE: 18 USC 1 note.>>  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. <<NOTE: 18 USC 3056 note.>>  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 <<NOTE: Identity Theft Enforcement and Restitution 
Act of 2008.>>  THEFT ENFORCEMENT AND RESTITUTION ACT
SEC. 201. <<NOTE: 18 USC 1 note.>>  SHORT TITLE.

    This title may be cited as the ``Identity Theft Enforcement and 
Restitution Act of 2008''.

[[Page 122 STAT. 3561]]

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;

[[Page 122 STAT. 3562]]

                          ``(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)

[[Page 122 STAT. 3563]]

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) <<NOTE: Courts.>>  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) <<NOTE: Real property.>>  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) <<NOTE: Real property.>>  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''.

[[Page 122 STAT. 3564]]

SEC. 209. <<NOTE: 28 USC 994 note.>>  DIRECTIVE TO UNITED STATES 
                        SENTENCING COMMISSION.

    (a) Directive.--Pursuant <<NOTE: Review.>>  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.

[[Page 122 STAT. 3565]]

            (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.

    Approved September 26, 2008.

LEGISLATIVE HISTORY--H.R. 5938:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-696 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            June 9, considered and passed House.
            July 30, considered and passed Senate, amended.
            Sept. 15, House concurred in Senate amendments.

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