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 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. 209. DIRECTIVE TO UNITED STATES SENTENCING 
COMMISSION. 
(a) DIRECTIVE.—Pursuant to its authority under sec-
tion 994(p) of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission 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 Sen-
tencing 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 deter-
rent 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 pur-
pose 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 infor-
mation, 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, na-
tional security, or the administration of justice. 
(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 safe-
ty, 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 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 in-
formation obtained during the commission of the of-
fense. 
(c) ADDITIONAL REQUIREMENTS.—In carrying out 
this section, the United States Sentencing Commission 
shall— 
(1) assure reasonable consistency with other rel-
evant directives and with other sentencing guidelines; 
(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 
(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. 
Attest: 
Secretary.