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 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. 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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PUBLIC LAW 110–326—SEPT. 26, 2008 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 PUBLIC LAW 110–326—SEPT. 26, 2008 

‘‘(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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PUBLIC LAW 110–326—SEPT. 26, 2008 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) 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. 

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) 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. 

Review. 

28 USC 994 note. 


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PUBLIC LAW 110–326—SEPT. 26, 2008 122 STAT. 3565 

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. 

Æ 

(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. 


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