I 
110TH CONGRESS 
2D SESSION 
H. R. 6060 
To amend title 18, United States Code, to enable increased federal prosecution 
of identity theft crimes and to allow for restitution to victims of identity 
theft. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2008 
Mr. SCHIFF (for himself, Mr. CHABOT, Mr. EMANUEL, and Mr. MURPHY of 
Connecticut) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend title 18, United States Code, to enable increased 
federal prosecution of identity theft crimes and to allow 
for restitution to victims of identity theft. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Identity Theft En-
forcement and Restitution Act of 2008’’. 
SEC. 2. CRIMINAL RESTITUTION. 
Section 3663(b) of title 18, United States Code, is 
amended— 
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(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 of-
fense.’’. 
SEC. 3. PREDICATE OFFENSES FOR AGGRAVATED IDENTITY 
THEFT AND MISUSE OF IDENTIFYING INFOR-
MATION OF ORGANIZATIONS. 
(a) IDENTITY THEFT.—Section 1028 of title 18, 
United States Code, is amended— 
(1) in subsection (a)(7), by inserting ‘‘(includ-
ing an organization as defined in section 18 of this 
title)’’ after ‘‘person’’; and 
(2) in subsection (d)(7), by inserting ‘‘or other 
person’’ after ‘‘specific individual’’. 
(b) AGGRAVATED IDENTITY THEFT.—Section 1028A 
of title 18, United States Code, is amended— 
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(1) in subsection (a)(1), by inserting ‘‘(includ-
ing an organization as defined in section 18 of this 
title)’’ after ‘‘person’’; and 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘, or a conspiracy to commit such 
a felony violation,’’ after ‘‘any offense that is a 
felony violation’’; 
(B) by redesignating— 
(i) paragraph (11) as paragraph (14); 
(ii) paragraphs (8) through (10) as 
paragraphs (10) through (12), respectively; 
and 
(iii) paragraphs (1) through (7) as 
paragraphs (2) through (8), respectively; 
(C) by inserting prior to paragraph (2), as 
so redesignated, the following: 
‘‘(1) section 513 (relating to making, uttering, 
or possessing counterfeited securities);’’; 
(D) by inserting after paragraph (8), as so 
redesignated, the following: 
‘‘(9) section 1708 (relating to mail theft);’’; 
(E) in paragraph (12), as so redesignated, 
by striking ‘‘; or’’ and inserting a semicolon; 
and 
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(F) by inserting after paragraph (12), as 
so redesignated, the following: 
‘‘(13) section 7201, 7206, or 7207 of title 26 
(relating to tax fraud); or’’. 
SEC. 4. 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. 5. 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), respec-
tively; and 
(iii) in subparagraph (C), as so redes-
ignated— 
(I) by inserting ‘‘and loss’’ after 
‘‘damage’’; and 
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(II) by striking ‘‘; and’’ and in-
serting 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 an-
other 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 pro-
ceeding brought by the United States only, 
loss resulting from a related course of con-
duct affecting 1 or more other protected 
computers) aggregating at least $5,000 in 
value; 
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‘‘(II) the modification or impairment, 
or potential modification or impairment, of 
the medical examination, diagnosis, treat-
ment, 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 pe-
riod; or 
‘‘(ii) an attempt to commit an offense pun-
ishable 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 an-
other offense under this section, if the offense 
caused (or, in the case of an attempted offense, 
would, if completed, have caused) a harm pro-
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vided in subclauses (I) through (VI) of subpara-
graph (A)(i); or 
‘‘(ii) an attempt to commit an offense pun-
ishable 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 sub-
section (a)(5) that occurs after a conviction for 
another offense under this section; or 
‘‘(ii) an attempt to commit an offense pun-
ishable 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 pun-
ishable under this subparagraph; 
‘‘(E) if the offender attempts to cause or know-
ingly or recklessly causes serious bodily injury from 
conduct in violation of subsection (a)(5)(A), a fine 
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SEC. 7. 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. 8. USE OF FULL INTERSTATE AND FOREIGN COM-
MERCE 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. 9. 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 con-
spiracy to violate this section, shall order, in addition to 
any other sentence imposed and irrespective of any provi-
sion 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 viola-
tion; and 
‘‘(B) any property, real or personal, consti-
tuting or derived from, any proceeds that such per-
son obtained, directly or indirectly, as a result of 
such violation. 
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‘‘(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 prop-
erty 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 vio-
late this section. 
‘‘(2) Any property, real or personal, which con-
stitutes or is derived from proceeds traceable to any 
violation of this section, or a conspiracy to violate 
this section’’. 
SEC. 10. DIRECTIVE TO UNITED STATES SENTENCING COM-
MISSION. 
(a) DIRECTIVE.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review its guidelines and policy state-
ments applicable to persons convicted of offenses under 
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, 
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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 ac-
count for the following factors in order to create an effec-
tive deterrent to computer crime and the theft or misuse 
of personally identifiable data: 
(1) The level of sophistication and planning in-
volved 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 con-
stitutes a trade secret or other proprietary in-
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formation, the cost the victim incurred devel-
oping or compiling the information. 
(4) Whether the defendant acted with intent to 
cause either physical or property harm in commit-
ting the offense. 
(5) The extent to which the offense violated the 
privacy rights of individuals. 
(6) The effect of the offense upon the oper-
ations of an agency of the United States Govern-
ment, 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 de-
fense, national security, or the administration of jus-
tice. 
(8) Whether the offense was intended to, or had 
the effect of, significantly interfering with or dis-
rupting 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 in-
volved a juvenile in the commission of the offense. 
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(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 pri-
vacy was violated as a result of the offense in addi-
tion 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 guide-
lines; 
(2) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(3) make any conforming changes to the sen-
tencing guidelines; and 
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(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. 
Æ 
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