I 
109TH CONGRESS 
2D SESSION 
H. R. 5921 
To amend titles 17 and 18, United States Code, to strengthen the protection 
of intellectual property, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2006 
Mr. SENSENBRENNER (for himself, Mr. COBLE, and Mr. SMITH of Texas) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To amend titles 17 and 18, United States Code, to strength-
en the protection of intellectual property, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Intellectual Property 
Enhanced Criminal Enforcement Act of 2006’’. 
SEC. 2. REGISTRATION IN CIVIL INFRINGEMENT ACTIONS. 
(a) LIMITATION TO CIVIL ACTIONS; PROTECTION OF 
COPYRIGHT CLAIM WITH PENDING APPLICATION; HARM-
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LESS ERROR.—Section 411 of title 17, United States 
Code, is amended— 
(1) in the section heading, by inserting ‘‘civil’’ 
before ‘‘infringement’’; 
(2) in subsection (a)— 
(A) in the first sentence, by striking ‘‘no 
action’’ and inserting ‘‘no civil action’’; 
(B) in the second sentence, by striking ‘‘an 
action’’ and inserting ‘‘a civil action’’; and 
(C) by inserting after the first sentence the 
following: ‘‘The receipt by the Copyright Office 
of a deposit, application, and fee required for 
registration in proper form shall suffice as reg-
istration of the copyright claim under this sub-
section.’’; 
(3) in subsection (b)— 
(A) by redesignating that subsection as 
subsection (c); and 
(B) by striking ‘‘506 and sections 509 
and’’ and inserting ‘‘505 and section’’; and 
(4) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b)(1) A certificate of registration satisfies the re-
quirements of this section and section 412, regardless of 
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whether the certificate contains any inaccurate informa-
tion, unless— 
‘‘(A) the inaccurate information was included 
on the application for copyright registration with 
knowledge that it was inaccurate; and 
‘‘(B) the inaccurate information, if known, 
would have caused the Register of Copyrights to 
refuse registration. 
‘‘(2) In any case in which inaccurate information de-
scribed under paragraph (1) is alleged, the court shall re-
quest the Register of Copyrights to advise the court 
whether the inaccurate information, if known, would have 
caused the Register of Copyrights to refuse registra-
tion.’’;’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 412 of title 17, United States Code, 
is amended by striking ‘‘411(b)’’ and inserting 
‘‘411(c)’’. 
(2) The item relating to section 411 in the table 
of sections for chapter 4 of title 17, United States 
Code, is amended to read as follows: 
‘‘411. Registration and civil infringement actions.’’. 
SEC. 3. CIVIL REMEDIES FOR INFRINGEMENT. 
Section 503(a) of title 17, United States Code, is 
amended— 
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(1) by striking ‘‘and of all plates’’ and inserting 
‘‘, of all plates’’; and 
(2) by striking the period and inserting ‘‘, and 
of records documenting the manufacture, sale, or re-
ceipt of items involved in such violation. The court 
shall enter an appropriate protective order with re-
spect to discovery of any records that have been 
seized. The protective order shall provide for appro-
priate procedures to assure that confidential infor-
mation contained in such records is not improperly 
disclosed to any party.’’. 
SEC. 4. STATUTORY DAMAGES. 
Section 504(c)(1) of title 17, United States Code, is 
amended in the second sentence by inserting before the 
period ‘‘, except that the court in its discretion may deter-
mine that such parts are separate works if the court con-
cludes that they are distinct works having independent 
economic value’’. 
SEC. 5. CRIMINAL INFRINGEMENT. 
(a) IN GENERAL.—Section 506(a) of title 17, United 
States Code, is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
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‘‘(3) ATTEMPT AND CONSPIRACY.— 
‘‘(A) ATTEMPT.—Any person who at-
tempts to commit an offense under paragraph 
(1) shall be subject to the same penalties as 
those prescribed for the offense, the commission 
of which was the object of the attempt. 
‘‘(B) CONSPIRACY.—If two or more per-
sons conspire to commit an offense under para-
graph (1) and one or more of such persons do 
any act to effectuate the object of the con-
spiracy, each shall be subject to the same pen-
alties as those prescribed for the offense, the 
commission of which was the object of the con-
spiracy.’’. 
(b) FORFEITURE
AND
DESTRUCTION; RESTITU-
TION.—Section 506(b) of title 17, United States Code, is 
amended to read as follows: 
‘‘(b) FORFEITURE, DESTRUCTION, AND RESTITU-
TION.—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.’’. 
(c) CONFORMING AMENDMENT.—Section 509 of title 
17, United States Code, and the item relating to that sec-
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tion in the table of sections for chapter 5 of such title, 
are repealed. 
SEC. 6. IMPORTATION AND EXPORTATION. 
(a) IMPORTATION AND EXPORTATION OF INFRING-
ING ITEMS.—Section 602(a) of title 17, United States 
Code, is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C); 
(2) in the first sentence, by striking ‘‘Importa-
tion’’ and inserting ‘‘(1) Importation’’; 
(3) by striking ‘‘106, actionable’’ and inserting 
‘‘106 and is actionable’’; 
(4) by striking ‘‘This subsection does not apply 
to—’’ and inserting the following: 
‘‘(2) Importation into the United States or expor-
tation from the United States, without the authority of 
the owner of copyright under this title, of copies or 
phonorecords, the making of which either constituted an 
infringement of copyright or would have constituted an in-
fringement of copyright if this title had been applicable, 
is an infringement of the exclusive right to distribute cop-
ies or phonorecords under section 106 and is actionable 
under sections 501 and 506. 
‘‘(3) This subsection does not apply to—’’; 
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(5) in subparagraph (A), as redesignated, by in-
serting ‘‘or exportation’’ after ‘‘importation’’; 
(6) in subparagraph (B), as redesignated— 
(A) by striking ‘‘, for the private use of the 
importer’’ and inserting ‘‘or exportation, for the 
private use of the importer or exporter’’; and 
(B) by inserting ‘‘or departing from the 
United States’’ after ‘‘outside the United 
States’’. 
(b) CONFORMING AMENDMENTS.—(1) The section 
heading for section 602 of title 17, United States Code, 
is amended by inserting ‘‘or exportation’’ after ‘‘im-
portation’’. 
(2) The table of sections for chapter 6 of title 17, 
United States Code, is amended by inserting ‘‘or expor-
tation’’ after ‘‘importation’’. 
(3) The heading for chapter 6 of title 17, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 6—MANUFACTURING REQUIRE-
MENTS, IMPORTATION, AND EXPOR-
TATION’’. 
(4) The item relating to chapter 6 in the table of 
chapters for title 17, United States Code, is amended to 
read as follows: 
‘‘6. Manufacturing Requirements, Importation, and Ex-
portation ...................................................................
601’’. 
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SEC. 7. CIRCUMVENTION OF COPYRIGHT PROTECTION SYS-
TEMS. 
Section 1201 of title 17, United States Code, is 
amended— 
(a) in subsection (a)— 
(1) in paragraph (2), by striking ‘‘import,’’; and 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (B), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) the term ‘traffic in’ means to transport, 
transfer, or otherwise dispose of, to another, or to 
make, import, export, obtain control of, or possess, 
with intent to so transport, transfer, or otherwise 
dispose of.’’; and 
(3) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘im-
port,’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking 
the period and inserting ‘‘; and’’; and 
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(iii) by adding at the end the fol-
lowing: 
‘‘(C) the term ‘traffic in’ means to transport, 
transfer, or otherwise dispose of, to another, or to 
make, import, export, obtain control of, or possess, 
with intent to so transport, transfer, or otherwise 
dispose of.’’. 
SEC. 8. FRAUD IN AUTHENTICATION PROCEDURES. 
Section 1028(d)(12) of title 18, United States Code, 
is amended to read as follows: 
‘‘(12)(A) the term ‘traffic in’ means to trans-
port, transfer, or otherwise dispose of, to another, 
for purposes of commercial advantage or private fi-
nancial gain, or to make, import, export, obtain con-
trol of, or possess, with intent to so transport, trans-
fer, or otherwise dispose of; and 
‘‘(B) the term ‘financial gain’ includes the re-
ceipt, or expected receipt, of anything of value.’’. 
SEC. 9. FRAUD IN CONNECTION WITH ACCESS DEVICES. 
Section 1029(e)(5) of title 18, United States Code, 
is amended to read as follows: 
‘‘(5) the term ‘traffic in’ means to transport, 
transfer, or otherwise dispose of, to another, or to 
make, import, export, obtain control of, or possess, 
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with intent to so transport, transfer, or otherwise 
dispose of;’’. 
SEC. 10. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT. 
Section 1834 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1834. Criminal forfeiture 
‘‘Forfeiture, destruction and restitution relating to 
this chapter 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.’’. 
SEC. 11. 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 as follows: 
(1) Subsection (a) is amended—— 
(A) by redesignating subparagraphs (A) 
through (G) as clauses (i) through (vii), respec-
tively; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(C) by striking ‘‘Whoever’’ and inserting 
‘‘(1) Whoever’’; 
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(D) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; and 
(E) by adding at the end the following: 
‘‘(2) Whoever is convicted of an offense under para-
graph (1), having previously been convicted of a felony of-
fense under this section, under section 1204(a) of title 17, 
or under section 2319, 2319A, or 2319B of this title, shall 
be imprisoned not more than 20 years, fined under this 
title, or both.’’. 
(2) Section 2318(d) is amended to read as fol-
lows: 
‘‘(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.’’. 
(3) Section 2318 is further amended by striking 
subsection (e) and redesignating subsection (f) as 
subsection (e). 
SEC. 12. CRIMINAL INFRINGEMENT OF COPYRIGHT. 
Section 2319 of title 18, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘5 
years’’ and inserting ‘‘10 years’’; and 
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(B) in paragraph (2)— 
(i) by striking ‘‘10 years’’ and insert-
ing ‘‘20 years’’; and 
(ii) by striking ‘‘if the offense is a sec-
ond or subsequent offense under paragraph 
(1)’’ and inserting ‘‘if the offense was com-
mitted after a prior felony conviction under 
this section, under section 1204(a) of title 
17, or under section 2318, 2319A, or 
2319B of this title’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘3 
years’’ and inserting ‘‘6 years’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘6 years’’ and inserting 
‘‘12 years’’; and 
(ii) by striking ‘‘if the offense is a sec-
ond or subsequent offense under paragraph 
(1)’’ and inserting ‘‘if the offense was com-
mitted after a prior felony conviction under 
this section, under section 1204(a) of title 
17, or under section 2318, 2319A, or 
2319B of this title’’. 
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SEC. 13. UNAUTHORIZED FIXATION OF AND TRAFFICKING 
IN REPRODUCTIONS OF LIVE MUSICAL PER-
FORMANCES. 
Section 2319A of title 18, United States Code, is 
amended as follows: 
(1) Subsection (a) is amended—— 
(A) by redesignating paragraphs (1), (2), 
and (3) as subparagraphs (A), (B), and (C), re-
spectively; 
(B) in subparagraph (C), as redesignated, 
by striking ‘‘paragraph (1)’’ and inserting ‘‘sub-
paragraph (A)’’; 
(C) by striking ‘‘Whoever’’ and inserting 
‘‘(1) Whoever’’; 
(D) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(E) by striking ‘‘, or if the offense’’ and all 
that follows through ‘‘or both’’; and 
(F) by adding at the end the following: 
‘‘(2) Whoever is convicted of an offense under para-
graph (1), having previously been convicted of a felony of-
fense under paragraph (1), under section 1204(a) of title 
17, or under section 2318, 2319, or 2319B of this title, 
shall be imprisoned not more than 20 years, fined under 
this title, or both.’’. 
(2) Section 2319A is amended— 
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