PUBL326.PS

PUBLIC LAW 110–326—SEPT. 26, 2008

FORMER VICE PRESIDENT PROTECTION

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122 STAT. 3560 PUBLIC LAW 110–326—SEPT. 26, 2008

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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 PRESI-

DENTS AND THEIR FAMILIES.

Section 3056(a) of title 18, United States Code, is amended—

(1) by inserting immediately after paragraph (7) the fol-

lowing:

‘‘(8) Former Vice Presidents, their spouses, and their chil-

dren 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. 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 THEFT

ENFORCEMENT AND RESTITUTION ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Identity Theft Enforcement

and Restitution Act of 2008’’.

18 USC 1 note.

Identity Theft

Enforcement and

Restitution Act

of 2008.

18 USC 3056

note.

18 USC 1 note.

Former Vice

President

Protection Act

of 2008.

Sept. 26, 2008

[H.R. 5938]

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122 STAT. 3561 PUBLIC LAW 110–326—SEPT. 26, 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 commu-

nication’’.

SEC. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS.

(a) I

ENERAL

.—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 sub-

paragraphs (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),’’;

‘‘(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, prosecu-

tion, or other proceeding brought by the United States

only, loss resulting from a related course of conduct

affecting 1 or more other protected computers) aggre-

gating at least $5,000 in value;

‘‘(II) the modification or impairment, or potential

modification or impairment, of the medical examina-

tion, diagnosis, treatment, or care of 1 or more individ-

uals;

‘‘(III) physical injury to any person;

‘‘(IV) a threat to public health or safety;

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122 STAT. 3562 PUBLIC LAW 110–326—SEPT. 26, 2008

‘‘(V) damage affecting a computer used by or for

an entity of the United States Government in further-

ance of the administration of justice, national defense,

or national security; or

‘‘(VI) damage affecting 10 or more protected com-

puters 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) C

ONFORMING

HANGES

.—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 PUBLIC LAW 110–326—SEPT. 26, 2008

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 com-

merce any communication containing any—

‘‘(A) threat to cause damage to a protected computer;

‘‘(B) threat to obtain information from a protected com-

puter 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’’.

Real property.

Courts.

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122 STAT. 3564 PUBLIC LAW 110–326—SEPT. 26, 2008

SEC. 209. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.

(a) D

IRECTIVE

.—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 guide-

lines 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 guide-

lines and policy statements.

(b) R

EQUIREMENTS

.—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 infra-

structure.

(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.

Review.

28 USC 994 note.

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122 STAT. 3565 PUBLIC LAW 110–326—SEPT. 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.

(13) Whether the defendant disclosed personal information

obtained during the commission of the offense.

DDITIONAL

EQUIREMENTS

.—In carrying out this section,

the United States Sentencing Commission shall—

(1) assure reasonable consistency with other relevant direc-

tives 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 guide-

lines; 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.

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