[Congressional Bills 110th Congress]
[From the U.S. Government Printing 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,

96714e4217adbaa45afc6c844199d9ec19a12c7040c303418b5e70769ce83ff9

This title may be cited as the ``Former Vice President Protection
Act of 2008''.

4429a51c693d8233380109a8d775a42a929911e206cff6ae117f48f20082c3c4

TITLE I

-FORMER VICE PRESIDENT PROTECTION ACT

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)''.

ebd288d05ffa4b7544ed4dfc7db0fb70c31937784c2749aadca610557292c3a5

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.

fa90b8fb220869b7d937fcfca5fedc6fcf64afc1018bab1ccaef8adb8bcb07c9

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

89cbae5780271722b8536f9423cbcb8729cd2f47c525b904350ed728d95070e4

TITLE II

-IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT

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.''.

715bd407f18b122ca2ffd19f7e1d46440cbe75b15be7e52cf72ceae28ec4cb72

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''.

ca377f2094e0d7c4dcde395ae24aa7049a7a8f92b1262ad57a88dd7ffede3df1

(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)''.

698815de1a653a8ee55482acb2042c7243e04759c3c0a8fa9a66ceac12b95d31

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;''.

6dd0fe576d73400b3a4ec39e0c9736bd0d102664bf6b02650a98f0b51887b1d0

Section 1030(b) of title 18, United States Code, is amended by
inserting ``conspires to commit or'' after ``Whoever''.

2178c12071f0c591b416b879f18adc616ce7512cb356669dd42aa8a2b39bd051

CRIMINAL PENALTIES.
Section 1030(e)(2)(B) of title 18, United States Code, is amended
by inserting ``or affecting'' after ``which is used in''.

5d5762d7ea89fb4798c019d8559a4fcd9a6a5fb31e413caa33adaa21118aca03

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''.

6416f97e25b57b510b170b6319c662dc2edfec82179fdae0b4b09c3263d53e6b

(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.

42894a6429c5d969dd2f1bb76acfc6f6fd66b225532e49cb0cc262879b02b85b

Former Vice President Protection Act of 2008 — HR. 5938

Other Sections

TITLE I

TITLE II

Want the full experience?