[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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''.

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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;

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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)

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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 3564]]
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.

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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:
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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.