In the Senate of the United States, 
July 30, 2008. 
Resolved, That the bill from the House of Representa-
tives (H.R. 5938) entitled ‘‘An Act to amend title 18, United 
States Code, to provide secret service protection to former 
Vice Presidents, and for other purposes.’’, do pass with the 
following 
AMENDMENTS: 
Ω1æOn page 2, strike lines 1 through 5, and insert the 
following: 
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. 
Ω2æOn page 3, strike line 1 and insert the following:
SEC. 103. EFFECTIVE DATE. 
Ω3æOn page 3, after line 4, insert the following: 
TITLE II—IDENTITY THEFT EN-
FORCEMENT 
AND 
RESTITU-
TION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Identity Theft Enforce-
ment and Restitution Act of 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 ac-
tual 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 inter-
state 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), respec-
tively; and 
(iii) in subparagraph (C), as so redes-
ignated— 
(I) by inserting ‘‘and loss’’ after 
‘‘damage’’; and 
(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; 
‘‘(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 safe-
ty; 
‘‘(V) damage affecting a computer used 
by or for an entity of the United States 
Government in furtherance of the adminis-
tration of justice, national defense, or na-
tional 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-
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 
under this title, imprisonment for not more than 20 
years, or both; 
‘‘(F) if the offender attempts to cause or know-
ingly or recklessly causes death from conduct in viola-
tion 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 pun-
ishable 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 ‘‘sub-
section (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 amend-
ed by striking ‘‘1030(a)(5)(A)(i) resulting in damage as de-
fined 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 confiden-
tiality 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 pro-
tected 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 ‘‘Who-
ever’’.