S. 1257 (eas) [Engrossed Amendment Senate] ...

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106th CONGRESS

  1st Session

                                S. 1257

_______________________________________________________________________

                               AMENDMENT
                In the House of Representatives, U. S.,

                                                        August 2, 1999.

    Resolved, That the bill from the Senate (S. 1257) entitled ``An Act to amend 
statutory damages provisions of title 17, United States Code'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Damages Improvement Act of 
1999''.

SEC. 2. STATUTORY DAMAGES ENHANCEMENT.

    Section 504(c) of title 17, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``$500'' and inserting ``$750''; 
                and
                    (B) by striking ``$20,000'' and inserting 
                ``$30,000''; and
            (2) in paragraph (2), by striking ``$100,000'' and 
        inserting ``$150,000''.

SEC. 3. SENTENCING COMMISSION GUIDELINES.

    Section 2(g) of the No Electronic Theft (NET) Act (28 U.S.C. 994 
note) is amended by striking paragraph (2) and inserting the following:
    ``(2) In implementing paragraph (1), the Sentencing Commission 
shall amend the guideline applicable to criminal infringement of a 
copyright or trademark to provide an enhancement based upon the retail 
price of the legitimate items that are infringed upon and the quantity 
of the infringing items. To the extent the conduct involves a violation 
of section 2319A of title 18, United States Code, the enhancement shall 
be based upon the retail price of the infringing items and the quantity 
of the infringing items.
    ``(3) Paragraph (1) shall be implemented not later than 3 months 
after the later of--
            ``(A) the first day occurring after May 20, 1999; or
            ``(B) the first day after the date of the enactment of this 
        paragraph,
on which sufficient members of the Sentencing Commission have been 
confirmed to constitute a quorum.
    ``(4) The Commission shall promulgate the guidelines or amendments 
provided for under this section in accordance with the procedures set 
forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by section 2 shall apply to any action brought 
on or after the date of the enactment of this Act, regardless of the 
date on which the alleged activity that is the basis of the action 
occurred.
            Attest:

                                                                          Clerk.

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