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, 
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’’.
H. R. 5938—2 
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) 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 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),’’; 
(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, 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;
H. R. 5938—3 
‘‘(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) CONFORMING CHANGES.—Section 2332b(g)(5)(B)(i) of title 
18, United States Code, is amended by striking ‘‘1030(a)(5)(A)(i)