or any person who notifies law enforcement of a security 
breach pursuant to this section for any penalty, prohibi-
tion, or damages relating to the delay of notification for 
law enforcement purposes under this Act. 
(d) CIVIL PENALTY FOR FAILURE TO NOTIFY.— 
Whoever knowingly fails to give a notice required under 
section 1039 of title 18, United States Code, shall be sub-
ject to a civil penalty of not more than $50,000 for each 
day of such failure, but not more than $1,000,000. 
(e) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 47 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1039.
Concealment of security breaches involving personal information.’’. 
SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS. 
Subsection (c) of section 1030 of title 18, United 
States Code, is amended to read as follows: 
‘‘(c)(1) The punishment for an offense under sub-
section (a) or (b) is a fine under this title or imprisonment 
for not more than 30 years, or both. 
‘‘(2) The court, in imposing sentence for an offense 
under subsection (a) or (b), shall, in addition to any other 
sentence imposed and irrespective of any provision of 
State law, order that the person forfeit to the United 
States— 
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‘‘(A) the person’s interest in any personal prop-
erty 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, consti-
tuting or derived from, any proceeds the person ob-
tained, directly or indirectly, as a result of such vio-
lation.’’. 
SEC. 9. DIRECTIVE TO SENTENCING COMMISSION. 
(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 forthwith review its guidelines and pol-
icy statements applicable to persons convicted of offenses 
under sections 1028, 1028A, 1030, 1030A, 2511 and 
2701 of title 18, United States Code and any other rel-
evant 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 paragraph (a), the Commission shall 
consider the extent to which the guidelines and policy 
statements may or may not account for the following fac-
tors in order to create an effective deterrent to computer 
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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; 
(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 operations 
of a government agency of the United States, or of 
a State or local government; 
(7) whether the offense involved a computer 
used by the 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 dis-
rupting a critical infrastructure; 
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(9) whether the offense was intended to, or had 
the effect of creating a threat to public health or 
safety, injury to any person, or death; and 
(10) whether the defendant purposefully in-
volved a juvenile in the commission of the offense to 
avoid punishment. 
(c) ADDITIONAL REQUIREMENTS.—In carrying out 
this section, the 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 
(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. 
SEC. 10. ADDITIONAL FUNDING FOR RESOURCES TO INVES-
TIGATE AND PROSECUTE CRIMINAL ACTIV-
ITY INVOLVING COMPUTERS. 
(a) ADDITIONAL FUNDING FOR RESOURCES.— 
(1) AUTHORIZATION.—In addition to amounts 
otherwise authorized for resources to investigate and 
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prosecute criminal activity involving computers, 
there are authorized to be appropriated for each of 
the fiscal years 2007 through 2011— 
(A) $10,000,000 to the Director of the 
United States Secret Service; 
(B) $10,000,000 to the Attorney General 
for the Criminal Division of the Department of 
Justice; and 
(C) $10,000,000 to the Director of the 
Federal Bureau of Investigation. 
(2) AVAILABILITY.—Any amounts appropriated 
under paragraph (1) shall remain available until ex-
pended. 
(b) USE OF ADDITIONAL FUNDING.—Funds made 
available under subsection (a) shall be used by the director 
of the United States Secret Service, the Director of the 
Federal Bureau of Investigation, and the Attorney Gen-
eral, for the United States Secret Service, the Federal Bu-
reau of Investigation, and the criminal division of the De-
partment of Justice, respectively, to— 
(1) hire and train law enforcement officers to— 
(A) investigate crimes committed through 
the use of computers and other information 
technology, including through the use of the 
Internet; and 
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(B) assist in the prosecution of such 
crimes; and 
(2) procure advanced tools of forensic science to 
investigate, prosecute, and study such crimes. 
Æ 
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