in the commission of an offense under subsection 
(a). 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indirectly 
as a result of an offense under subsection (a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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. At the 
conclusion of the forfeiture proceedings, the court shall 
order that any forfeited unauthorized copies or 
phonorecords of a motion picture or other audiovisual 
work, or part thereof, and any plates, molds, mat-
rices, masters, tapes, and film negatives by means of 
which such unauthorized copies or phonorecords may 
be made, be destroyed or otherwise disposed of accord-
ing to law. 
‘‘(3) RESTITUTION.—When a person is convicted 
of an offense under this chapter, the court, pursuant 
VerDate Aug 31 2005 
01:46 May 06, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H4279.RH
H4279
jbell on PROD1PC69 with BILLS
to sections 3556, 3663A, and 3664, shall order the 
person to pay restitution to the owner of the copyright 
in the motion picture or other audiovisual work and 
any other victim of the offense as an offense against 
property referred to in section 3663A(c)(1)(A)(ii).’’. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply only in a case in which the underlying 
act or acts occur on or after the date of the enactment of 
this Act. 
SEC. 203. DIRECTIVE TO UNITED STATES SENTENCING 
COMMISSION. 
(a) REVIEW AND AMENDMENT.—The United States 
Sentencing Commission, pursuant to its authority under 
section 994 of title 28, United States Code, shall review and, 
if appropriate, amend the Federal sentencing guidelines 
and policy statements applicable in any case sentenced 
under section 2B5.3 of the Federal sentencing guidelines for 
exporting infringing items in violation of section 602(a)(2) 
of title 17, United States Code, to determine whether a de-
fendant in such case should receive an upward adjustment 
in the offense level, on the grounds that exportation intro-
duces infringing items into the stream of foreign commerce 
in a manner analogous to the manner in which manufac-
turing, importing, and uploading such items introduces 
them into the stream of commerce. 
VerDate Aug 31 2005 
01:46 May 06, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H4279.RH
H4279
jbell on PROD1PC69 with BILLS
(b) AUTHORIZATION.—The United States Sentencing 
Commission may amend the Federal sentencing guidelines 
under subsection (a) in accordance with the procedures set 
forth in section 21(a) of the Sentencing Act of 1987 (28 
U.S.C. 994 note) as though the authority under that section 
had not expired. 
SEC. 204. TRAFFICKING IN COUNTERFEIT GOODS OR SERV-
ICES. 
(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 of-
fender 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. 
VerDate Aug 31 2005 
01:46 May 06, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H4279.RH
H4279
jbell on PROD1PC69 with BILLS
‘‘(B) DEATH.—If the offender knowingly or 
recklessly causes or attempts to cause death from 
conduct in violation of paragraph (1), the pen-
alty shall be a fine under this title or imprison-
ment for any term of years or for life, or both.’’; 
and 
(2) in subsection (b)(l)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) the 
following: 
‘‘(B) Any property constituting or derived 
from any proceeds obtained directly or indirectly 
as a result of a violation of subsection (a).’’. 
VerDate Aug 31 2005 
01:46 May 06, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H4279.RH
H4279
jbell on PROD1PC69 with BILLS
TITLE III—COORDINATION AND 
STRATEGIC 
PLANNING 
OF 
FEDERAL 
EFFORT 
AGAINST 
COUNTERFEITING 
AND 
PI-
RACY 
Subtitle A—Office of the United 
States Intellectual Property En-
forcement Representative 
SEC. 301. OFFICE OF THE UNITED STATES INTELLECTUAL 
PROPERTY ENFORCEMENT REPRESENTATIVE. 
(a) ESTABLISHMENT WITHIN EXECUTIVE OFFICE OF 
THE PRESIDENT.—There is established within the Execu-
tive Office of the President the Office of the United States 
Intellectual Property Enforcement Representative (in this 
title referred to as ‘‘the Office’’). 
(b) UNITED STATES INTELLECTUAL PROPERTY EN-
FORCEMENT REPRESENTATIVE.—The head of the Office 
shall be the United States Intellectual Property Enforce-
ment Representative (in this title referred to as the ‘‘IP En-
forcement Representative’’) who shall be appointed by the 
President, by and with the advice and consent of the Senate. 
As an exercise of the rulemaking power of the Senate, any 
nomination of the IP Enforcement Representative sub-
mitted to the Senate for confirmation, and referred to a 
VerDate Aug 31 2005 
01:46 May 06, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H4279.RH
H4279
jbell on PROD1PC69 with BILLS