Former Vice President Protection Act of 2008
PL 110-326 (H.R.5938), enacted 09/26/2008

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) 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; 
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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) 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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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. 
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 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) 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 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. 
(c) ADDITIONAL REQUIREMENTS.—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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