Prioritizing Resources and Organization for Intellectual Property Act of 2008/Title II

SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.

 * (a) Forfeiture and Destruction; Restitution—
 * Section 506(b) of title 17, United States Code, is amended to read as follows:


 * `(b) Forfeiture, Destruction, and Restitution—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.'.


 * (b) Seizures and Forfeitures—
 * (1) REPEAL—
 * Section 509 of title 17, United States Code, is repealed.
 * (2) TECHNICAL AND CONFORMING AMENDMENT—
 * The table of sections for chapter 5 of title 17, United States Code, is amended by striking the item relating to section 509.

SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR WORKS THAT CAN BE COPYRIGHTED.

 * Section 2318 of title 18, United States Code, is amended—
 * (1) in subsection (a)—
 * (A) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively;
 * (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
 * (C) by striking `Whoever' and inserting `(1) Whoever';
 * (2) by amending subsection (d) to read as follows:


 * `(d) Forfeiture and Destruction of Property; Restitution—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.'; and


 * (3) by striking subsection (e) and redesignating subsection (f) as subsection (e).

SEC. 203. UNAUTHORIZED FIXATION.

 * (a) Section 2319A(b) of title 18, United States Code, is amended to read as follows:


 * `(b) Forfeiture and Destruction of Property; Restitution—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.'.


 * (b) Section 2319A(c) of title 18, United States Code, is amended by striking the second sentence and inserting: `The Secretary of Homeland Security shall issue regulations by which any performer may, upon payment of a specified fee, be entitled to notification by United States Customs and Border Protection of the importation of copies or phonorecords that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance.'.

SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.

 * Section 2319B(b) of title 18, United States Code, is amended to read as follows:


 * `(b) Forfeiture and Destruction of Property; Restitution—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.'.

SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

 * (a) In General—
 * Section 2320 of title 18, United States Code, is amended—
 * (1) in subsection (a)—
 * (A) by striking `Whoever' and inserting `Offense—'


 * `(1) IN GENERAL—Whoever;';


 * (B) by moving the remaining text 2 ems to the right; and
 * (C) by adding at the end the following:


 * `(2) SERIOUS BODILY HARM OR DEATH—
 * `(A) SERIOUS BODILY HARM—If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both.
 * `(B) DEATH—If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.'; and


 * (2) by adding at the end the following:


 * `(h) Transshipment and Exportation—No goods or services, the trafficking in of which is prohibited by this section, shall be transshipped through or exported from the United States. Any such transshipment or exportation shall be deemed a violation of section 42 of an Act to provide for the registration of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 (commonly referred to as the `Trademark Act of 1946' or the `Lanham Act').'.


 * (b) Forfeiture and Destruction of Property; Restitution—
 * Section 2320(b) of title 18, United States Code, is amended to read as follows:


 * `(b) Forfeiture and Destruction of Property; Restitution—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.'.

SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.

 * (a) In General—
 * Chapter 113 of title 18, United States Code, is amended by adding at the end the following:


 * `SEC. 2323. FORFEITURE, DESTRUCTION, AND RESTITUTION.
 * `(a) Civil Forfeiture—
 * `(1) PROPERTY SUBJECT TO FORFEITURE—The following property is subject to forfeiture to the United States Government:
 * `(A) Any article, the making or trafficking of which is, prohibited under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
 * `(B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A).
 * `(C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A).
 * `(2) PROCEDURES—The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law.
 * `(b) Criminal Forfeiture—
 * `(1) PROPERTY SUBJECT TO FORFEITURE—The court, in imposing sentence on a person convicted of an offense under section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, shall order, in addition to any other sentence imposed, that the person forfeit to the United States Government any property subject to forfeiture under subsection (a) for that offense.
 * `(2) PROCEDURES—
 * `(A) IN GENERAL—The forfeiture of property under paragraph (1), including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the procedures set forth in section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that section.
 * `(B) DESTRUCTION—At the conclusion of the forfeiture proceedings, the court, unless otherwise requested by an agency of the United States shall order that any—
 * `(i) forfeited article or component of an article bearing or consisting of a counterfeit mark be destroyed or otherwise disposed of according to law; and
 * `(ii) infringing items or other property described in subsection (a)(1)(A) and forfeited under paragraph (1) of this subsection be destroyed or otherwise disposed of according to law.
 * `(c) Restitution—When a person is convicted of an offense under section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, the court, pursuant to sections 3556, 3663A, and 3664 of this title, shall order the person to pay restitution to any victim of the offense as an offense against property referred to in section 3663A(c)(1)(A)(ii) of this title.'.


 * (b) Technical and Conforming Amendment—
 * The table of sections for chapter 113 of title 18, United States Code, is amended by adding at the end the following:


 * `Sec. 2323. Forfeiture, destruction, and restitution.'.

SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.

 * Section 1834 of title 18, United States Code, is amended to read as follows:


 * `SEC. 1834. CRIMINAL FORFEITURE.
 * `Forfeiture, destruction, and restitution relating to this chapter shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.'.

SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

 * Section 2319 of title 18, United States Code, is amended—
 * (1) in subsection (b)(2)—
 * (A) by inserting `is a felony and' after `offense' the first place such term appears; and
 * (B) by striking `paragraph (1)' and inserting `subsection (a)';
 * (2) in subsection (c)(2)—
 * (A) by inserting `is a felony and' after `offense' the first place such term appears; and
 * (B) by striking `paragraph (1)' and inserting `subsection (a)';
 * (3) in subsection (d)(3)—
 * (A) by inserting `is a felony and' after `offense' the first place such term appears; and
 * (B) by inserting `under subsection (a)' before the semicolon; and
 * (4) in subsection (d)(4), by inserting `is a felony and' after `offense' the first place such term appears.

SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

 * (a) Amendments to Title 17, United States Code—
 * (1) Section 109 (b)(4) of title 17, United States Code, is amended by striking `505, and 509' and inserting `and 505'.
 * (2) Section 111 of title 17, United States Code, is amended—
 * (A) in subsection (b), by striking `and 509';
 * (B) in subsection (c)—
 * (i) in paragraph (2), by striking `and 509';
 * (ii) in paragraph (3), by striking `sections 509 and 510' and inserting `section 510'; and
 * (iii) in paragraph (4), by striking `and section 509'; and
 * (C) in subsection (e)—
 * (i) in paragraph (1), by striking `sections 509 and 510' and inserting `section 510'; and
 * (ii) in paragraph (2), by striking `and 509'.
 * (3) Section 115(c) of title 17, United States Code, is amended—
 * (A) in paragraph (3)(G)(i), by striking `and 509'; and
 * (B) in paragraph (6), by striking `and 509'.
 * (4) Section 119(a) of title 17, United States Code, is amended—
 * (A) in paragraph (6), by striking `sections 509 and 510' and inserting `section 510';
 * (B) in paragraph (7)(A), by striking `and 509';
 * (C) in paragraph (8), by striking `and 509'; and
 * (D) in paragraph (13), by striking `and 509'.
 * (5) Section 122 of title 17, United States Code, is amended—
 * (A) in subsection (d), by striking `and 509';
 * (B) in subsection (e), by striking `sections 509 and 510' and inserting `section 510'; and
 * (C) in subsection (f)(1), by striking `and 509'.
 * (6) Section 411(b) of title 17, United States Code, is amended by striking `sections 509 and 510' and inserting `section 510'.


 * (b) Other Amendments—Section 596(c)(2)(c) of the Tariff Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking `or 509'.