[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3325 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  2d Session
                                S. 3325

_______________________________________________________________________

                                 AN ACT


 
 To enhance remedies for violations of intellectual property laws, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prioritizing 
Resources and Organization for Intellectual Property Act of 2008''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference.
Sec. 3. Definition.
       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

Sec. 101. Registration of claim.
Sec. 102. Civil remedies for infringement.
Sec. 103. Treble damages in counterfeiting cases.
Sec. 104. Statutory damages in counterfeiting cases.
Sec. 105. Importation and exportation.
     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

Sec. 201. Criminal copyright infringement.
Sec. 202. Trafficking in counterfeit labels, illicit labels, or 
                            counterfeit documentation or packaging for 
                            works that can be copyrighted.
Sec. 203. Unauthorized fixation.
Sec. 204. Unauthorized recording of motion pictures.
Sec. 205. Trafficking in counterfeit goods or services.
Sec. 206. Forfeiture, destruction, and restitution.
Sec. 207. Forfeiture under Economic Espionage Act.
Sec. 208. Criminal infringement of a copyright.
Sec. 209. Technical and conforming amendments.
   TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT 
                AGAINST COUNTERFEITING AND INFRINGEMENT

Sec. 301. Intellectual Property Enforcement Coordinator.
Sec. 302. Definition.
Sec. 303. Joint strategic plan.
Sec. 304. Reporting.
Sec. 305. Savings and repeals.
Sec. 306. Authorization of appropriations.
                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

Sec. 401. Local law enforcement grants.
Sec. 402. Improved investigative and forensic resources for enforcement 
                            of laws related to intellectual property 
                            crimes.
Sec. 403. Additional funding for resources to investigate and prosecute 
                            intellectual property crimes and other 
                            criminal activity involving computers.
Sec. 404. Annual reports.
                         TITLE V--MISCELLANEOUS

Sec. 501. GAO study on protection of intellectual property of 
                            manufacturers.
Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.

SEC. 2. REFERENCE.

    Any reference in this Act to the ``Trademark Act of 1946'' refers 
to the Act entitled ``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 (15 U.S.C. 1051 et seq.).

SEC. 3. DEFINITION.

    In this Act, the term ``United States person'' means--
            (1) any United States resident or national,
            (2) any domestic concern (including any permanent domestic 
        establishment of any foreign concern), and
            (3) any foreign subsidiary or affiliate (including any 
        permanent foreign establishment) of any domestic concern that 
        is controlled in fact by such domestic concern,
except that such term does not include an individual who resides 
outside the United States and is employed by an individual or entity 
other than an individual or entity described in paragraph (1), (2), or 
(3).

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

SEC. 101. REGISTRATION OF CLAIM.

    (a) Limitation to Civil Actions; Harmless 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''; and
                    (B) in the second sentence, by striking ``an 
                action'' and inserting ``a civil action'';
            (3) by redesignating subsection (b) as subsection (c);
            (4) in subsection (c), as so redesignated by paragraph (3), 
        by striking ``506 and sections 509 and'' and inserting ``505 
        and section''; and
            (5) by inserting after subsection (a) the following:
    ``(b)(1) A certificate of registration satisfies the requirements 
of this section and section 412, regardless of whether the certificate 
contains any inaccurate information, unless--
            ``(A) the inaccurate information was included on the 
        application for copyright registration with knowledge that it 
        was inaccurate; and
            ``(B) the inaccuracy of the information, if known, would 
        have caused the Register of Copyrights to refuse registration.
    ``(2) In any case in which inaccurate information described under 
paragraph (1) is alleged, the court shall request the Register of 
Copyrights to advise the court whether the inaccurate information, if 
known, would have caused the Register of Copyrights to refuse 
registration.
    ``(3) Nothing in this subsection shall affect any rights, 
obligations, or requirements of a person related to information 
contained in a registration certificate, except for the institution of 
and remedies in infringement actions under this section and section 
412.''.
    (b) Technical and 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:

``Sec. 411. Registration and civil infringement actions.''.

SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.

    (a) In General.--Section 503(a) of title 17, United States Code, is 
amended to read as follows:
    ``(a)(1) At any time while an action under this title is pending, 
the court may order the impounding, on such terms as it may deem 
reasonable--
            ``(A) of all copies or phonorecords claimed to have been 
        made or used in violation of the exclusive right of the 
        copyright owner;
            ``(B) of all plates, molds, matrices, masters, tapes, film 
        negatives, or other articles by means of which such copies of 
        phonorecords may be reproduced; and
            ``(C) of records documenting the manufacture, sale, or 
        receipt of things involved in any such violation, provided that 
        any records seized under this subparagraph shall be taken into 
        the custody of the court.
    ``(2) For impoundments of records ordered under paragraph (1)(C), 
the court shall enter an appropriate protective order with respect to 
discovery and use of any records or information that has been 
impounded. 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.
    ``(3) The relevant provisions of paragraphs (2) through (11) of 
section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) 
shall extend to any impoundment of records ordered under paragraph 
(1)(C) that is based upon an ex parte application, notwithstanding the 
provisions of rule 65 of the Federal Rules of Civil Procedure. Any 
references in paragraphs (2) through (11) of section 34(d) of the 
Trademark Act to section 32 of such Act shall be read as references to 
section 501 of this title, and references to use of a counterfeit mark 
in connection with the sale, offering for sale, or distribution of 
goods or services shall be read as references to infringement of a 
copyright.''.
    (b) Protective Order for Seized Records.--Section 34(d)(7) of the 
Trademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows:
            ``(7) Any materials seized under this subsection shall be 
        taken into the custody of the court. 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.''.

SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.

    Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is 
amended to read as follows:
    ``(b) In assessing damages under subsection (a) for any violation 
of section 32(1)(a) of this Act or section 220506 of title 36, United 
States Code, in a case involving use of a counterfeit mark or 
designation (as defined in section 34(d) of this Act), the court shall, 
unless the court finds extenuating circumstances, enter judgment for 
three times such profits or damages, whichever amount is greater, 
together with a reasonable attorney's fee, if the violation consists 
of--
            ``(1) intentionally using a mark or designation, knowing 
        such mark or designation is a counterfeit mark (as defined in 
        section 34(d) of this Act), in connection with the sale, 
        offering for sale, or distribution of goods or services; or
            ``(2) providing goods or services necessary to the 
        commission of a violation specified in paragraph (1), with the 
        intent that the recipient of the goods or services would put 
        the goods or services to use in committing the violation.
In such a case, the court may award prejudgment interest on such amount 
at an annual interest rate established under section 6621(a)(2) of the 
Internal Revenue Code of 1986, beginning on the date of the service of 
the claimant's pleadings setting forth the claim for such entry of 
judgment and ending on the date such entry is made, or for such shorter 
time as the court considers appropriate.''.

SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.

    Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``$500'' and inserting ``$1,000''; 
                and
                    (B) by striking ``$100,000'' and inserting 
                ``$200,000''; and
            (2) in paragraph (2), by striking ``$1,000,000'' and 
        inserting ``$2,000,000''.

SEC. 105. IMPORTATION AND EXPORTATION.

    (a) In General.--The heading for chapter 6 of title 17, United 
States Code, is amended to read as follows:

       ``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, AND 
                             EXPORTATION''.

    (b) Amendment on Exportation.--Section 602(a) of title 17, United 
States Code, is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively, and moving such 
        subparagraphs 2 ems to the right;
            (2) by striking ``(a)'' and inserting ``(a) Infringing 
        Importation or Exportation.--
            ``(1) Importation.--'';
            (3) by striking ``This subsection does not apply to--'' and 
        inserting the following:
            ``(2) Importation or exportation of infringing items.--
        Importation into the United States or exportation 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 which 
        would have constituted an infringement of copyright if this 
        title had been applicable, is an infringement of the exclusive 
        right to distribute copies or phonorecords under section 106, 
        actionable under sections 501 and 506.
            ``(3) Exceptions.--This subsection does not apply to--'';
            (4) in paragraph (3)(A) (as redesignated by this 
        subsection) by inserting ``or exportation'' after 
        ``importation''; and
            (5) in paragraph (3)(B) (as redesignated by this 
        subsection)--
                    (A) by striking ``importation, for the private use 
                of the importer'' and inserting ``importation or 
                exportation, for the private use of the importer or 
                exporter''; and
                    (B) by inserting ``or departing from the United 
                States'' after ``United States''.
    (c) Conforming Amendments.--(1) Section 602 of title 17, United 
States Code, is further amended--
            (A) in the section heading, by inserting ``or exportation'' 
        after ``importation''; and
            (B) in subsection (b)--
                    (i) by striking ``(b) In a case'' and inserting 
                ``(b) Import Prohibition.--In a case'';
                    (ii) by striking ``the United States Customs 
                Service'' and inserting ``United States Customs and 
                Border Protection''; and
                    (iii) by striking ``the Customs Service'' and 
                inserting ``United States Customs and Border 
                Protection''.
    (2) Section 601(b)(2) of title 17, United States Code, is amended 
by striking ``the United States Customs Service'' and inserting 
``United States Customs and Border Protection''.
    (3) 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 
                       Exportation........601''.

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

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''.

   TITLE III--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT 
                AGAINST COUNTERFEITING AND INFRINGEMENT

SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.

    (a) Intellectual Property Enforcement Coordinator.--The President 
shall appoint, by and with the advice and consent of the Senate, an 
Intellectual Property Enforcement Coordinator (in this title referred 
to as the ``IPEC'') to serve within the Executive Office of the 
President. As an exercise of the rulemaking power of the Senate, any 
nomination of the IPEC submitted to the Senate for confirmation, and 
referred to a committee, shall be referred to the Committee on the 
Judiciary.
    (b) Duties of IPEC.--
            (1) In general.--The IPEC shall--
                    (A) chair the interagency intellectual property 
                enforcement advisory committee established under 
                subsection (b)(3)(A);
                    (B) coordinate the development of the Joint 
                Strategic Plan against counterfeiting and infringement 
                by the advisory committee under section 303;
                    (C) assist, at the request of the departments and 
                agencies listed in subsection (b)(3)(A), in the 
                implementation of the Joint Strategic Plan;
                    (D) facilitate the issuance of policy guidance to 
                departments and agencies on basic issues of policy and 
                interpretation, to the extent necessary to assure the 
                coordination of intellectual property enforcement 
                policy and consistency with other law;
                    (E) report to the President and report to Congress, 
                to the extent consistent with law, regarding domestic 
                and international intellectual property enforcement 
                programs;
                    (F) report to Congress, as provided in section 304, 
                on the implementation of the Joint Strategic Plan, and 
                make recommendations, if any and as appropriate, to 
                Congress for improvements in Federal intellectual 
                property laws and enforcement efforts; and
                    (G) carry out such other functions as the President 
                may direct.
            (2) Limitation on authority.--The IPEC may not control or 
        direct any law enforcement agency, including the Department of 
        Justice, in the exercise of its investigative or prosecutorial 
        authority.
            (3) Advisory committee.--
                    (A) Establishment.--There is established an 
                interagency intellectual property enforcement advisory 
                committee composed of the IPEC, who shall chair the 
                committee, and the following members:
                            (i) Senate-confirmed representatives of the 
                        following departments and agencies who are 
                        involved in intellectual property enforcement, 
                        and who are, or are appointed by, the 
                        respective heads of those departments and 
                        agencies:
                                    (I) The Office of Management and 
                                Budget.
                                    (II) Relevant units within the 
                                Department of Justice, including the 
                                Federal Bureau of Investigation and the 
                                Criminal Division.
                                    (III) The United States Patent and 
                                Trademark Office and other relevant 
                                units of the Department of Commerce.
                                    (IV) The Office of the United 
                                States Trade Representative.
                                    (V) The Department of State, the 
                                United States Agency for International 
                                Development, and the Bureau of 
                                International Narcotics Law 
                                Enforcement.
                                    (VI) The Department of Homeland 
                                Security, United States Customs and 
                                Border Protection, and United States 
                                Immigration and Customs Enforcement.
                                    (VII) The Food and Drug 
                                Administration of the Department of 
                                Health and Human Services.
                                    (VIII) The Department of 
                                Agriculture.
                                    (IX) Any such other agencies as the 
                                President determines to be 
                                substantially involved in the efforts 
                                of the Federal Government to combat 
                                counterfeiting and infringement.
                            (ii) The Register of Copyrights, or a 
                        senior representative of the United States 
                        Copyright Office appointed by the Register of 
                        Copyrights.
                    (B) Functions.--The advisory committee established 
                under subparagraph (A) shall develop the Joint 
                Strategic Plan against counterfeiting and infringement 
                under section 303.

SEC. 302. DEFINITION.

    For purposes of this title, the term ``intellectual property 
enforcement'' means matters relating to the enforcement of laws 
protecting copyrights, patents, trademarks, other forms of intellectual 
property, and trade secrets, both in the United States and abroad, 
including in particular matters relating to combating counterfeit and 
infringing goods.

SEC. 303. JOINT STRATEGIC PLAN.

    (a) Purpose.--The objectives of the Joint Strategic Plan against 
counterfeiting and infringement that is referred to in section 
301(b)(1)(B) (in this section referred to as the ``joint strategic 
plan'') are the following:
            (1) Reducing counterfeit and infringing goods in the 
        domestic and international supply chain.
            (2) Identifying and addressing structural weaknesses, 
        systemic flaws, or other unjustified impediments to effective 
        enforcement action against the financing, production, 
        trafficking, or sale of counterfeit or infringing goods, 
        including identifying duplicative efforts to enforce, 
        investigate, and prosecute intellectual property crimes across 
        the Federal agencies and Departments that comprise the Advisory 
        Committee and recommending how such duplicative efforts may be 
        minimized. Such recommendations may include recommendations on 
        how to reduce duplication in personnel, materials, 
        technologies, and facilities utilized by the agencies and 
        Departments responsible for the enforcement, investigation, or 
        prosecution of intellectual property crimes.
            (3) Ensuring that information is identified and shared 
        among the relevant departments and agencies, to the extent 
        permitted by law, including requirements relating to 
        confidentiality and privacy, and to the extent that such 
        sharing of information is consistent with Department of Justice 
        and other law enforcement protocols for handling such 
        information, to aid in the objective of arresting and 
        prosecuting individuals and entities that are knowingly 
        involved in the financing, production, trafficking, or sale of 
        counterfeit or infringing goods.
            (4) Disrupting and eliminating domestic and international 
        counterfeiting and infringement networks.
            (5) Strengthening the capacity of other countries to 
        protect and enforce intellectual property rights, and reducing 
        the number of countries that fail to enforce laws preventing 
        the financing, production, trafficking, and sale of counterfeit 
        and infringing goods.
            (6) Working with other countries to establish international 
        standards and policies for the effective protection and 
        enforcement of intellectual property rights.
            (7) Protecting intellectual property rights overseas by--
                    (A) working with other countries and exchanging 
                information with appropriate law enforcement agencies 
                in other countries relating to individuals and entities 
                involved in the financing, production, trafficking, or 
                sale of counterfeit and infringing goods;
                    (B) ensuring that the information referred to in 
                subparagraph (A) is provided to appropriate United 
                States law enforcement agencies in order to assist, as 
                warranted, enforcement activities in cooperation with 
                appropriate law enforcement agencies in other 
                countries; and
                    (C) building a formal process for consulting with 
                companies, industry associations, labor unions, and 
                other interested groups in other countries with respect 
                to intellectual property enforcement.
    (b) Timing.--Not later than 12 months after the date of the 
enactment of this Act, and not later than December 31 of every third 
year thereafter, the IPEC shall submit the joint strategic plan to the 
Committee on the Judiciary and the Committee on Appropriations of the 
Senate, and to the Committee on the Judiciary and the Committee on 
Appropriations of the House of Representatives.
    (c) Responsibility of the IPEC.--During the development of the 
joint strategic plan, the IPEC--
            (1) shall provide assistance to, and coordinate the 
        meetings and efforts of, the appropriate officers and employees 
        of departments and agencies represented on the advisory 
        committee appointed under section 301(b)(3) who are involved in 
        intellectual property enforcement; and
            (2) may consult with private sector experts in intellectual 
        property enforcement in furtherance of providing assistance to 
        the members of the advisory committee appointed under section 
        301(b)(3).
    (d) Responsibilities of Other Departments and Agencies.--In the 
development and implementation of the joint strategic plan, the heads 
of the departments and agencies identified under section 301(b)(3) 
shall--
            (1) designate personnel with expertise and experience in 
        intellectual property enforcement matters to work with the IPEC 
        and other members of the advisory committee; and
            (2) share relevant department or agency information with 
        the IPEC and other members of the advisory committee, including 
        statistical information on the enforcement activities of the 
        department or agency against counterfeiting or infringement, 
        and plans for addressing the joint strategic plan, to the 
        extent permitted by law, including requirements relating to 
        confidentiality and privacy, and to the extent that such 
        sharing of information is consistent with Department of Justice 
        and other law enforcement protocols for handling such 
        information.
    (e) Contents of the Joint Strategic Plan.--Each joint strategic 
plan shall include the following:
            (1) A description of the priorities identified for carrying 
        out the objectives in the joint strategic plan, including 
        activities of the Federal Government relating to intellectual 
        property enforcement.
            (2) A description of the means to be employed to achieve 
        the priorities, including the means for improving the 
        efficiency and effectiveness of the Federal Government's 
        enforcement efforts against counterfeiting and infringement.
            (3) Estimates of the resources necessary to fulfill the 
        priorities identified under paragraph (1).
            (4) The performance measures to be used to monitor results 
        under the joint strategic plan during the following year.
            (5) An analysis of the threat posed by violations of 
        intellectual property rights, including the costs to the 
        economy of the United States resulting from violations of 
        intellectual property laws, and the threats to public health 
        and safety created by counterfeiting and infringement.
            (6) An identification of the departments and agencies that 
        will be involved in implementing each priority under paragraph 
        (1).
            (7) A strategy for ensuring coordination among the 
        departments and agencies identified under paragraph (6), which 
        will facilitate oversight by the executive branch of, and 
        accountability among, the departments and agencies responsible 
        for carrying out the strategy.
            (8) Such other information as is necessary to convey the 
        costs imposed on the United States economy by, and the threats 
        to public health and safety created by, counterfeiting and 
        infringement, and those steps that the Federal Government 
        intends to take over the period covered by the succeeding joint 
        strategic plan to reduce those costs and counter those threats.
    (f) Enhancing Enforcement Efforts of Foreign Governments.--The 
joint strategic plan shall include programs to provide training and 
technical assistance to foreign governments for the purpose of 
enhancing the efforts of such governments to enforce laws against 
counterfeiting and infringement. With respect to such programs, the 
joint strategic plan shall--
            (1) seek to enhance the efficiency and consistency with 
        which Federal resources are expended, and seek to minimize 
        duplication, overlap, or inconsistency of efforts;
            (2) identify and give priority to those countries where 
        programs of training and technical assistance can be carried 
        out most effectively and with the greatest benefit to reducing 
        counterfeit and infringing products in the United States 
        market, to protecting the intellectual property rights of 
        United States persons and their licensees, and to protecting 
        the interests of United States persons otherwise harmed by 
        violations of intellectual property rights in those countries;
            (3) in identifying the priorities under paragraph (2), be 
        guided by the list of countries identified by the United States 
        Trade Representative under section 182(a) of the Trade Act of 
        1974 (19 U.S.C. 2242(a)); and
            (4) develop metrics to measure the effectiveness of the 
        Federal Government's efforts to improve the laws and 
        enforcement practices of foreign governments against 
        counterfeiting and infringement.
    (g) Dissemination of the Joint Strategic Plan.--The joint strategic 
plan shall be posted for public access on the website of the White 
House, and shall be disseminated to the public through such other means 
as the IPEC may identify.

SEC. 304. REPORTING.

    (a) Annual Report.--Not later than December 31 of each calendar 
year beginning in 2009, the IPEC shall submit a report on the 
activities of the advisory committee during the preceding fiscal year. 
The annual report shall be submitted to Congress, and disseminated to 
the people of the United States, in the manner specified in subsections 
(b) and (g) of section 303.
    (b) Contents.--The report required by this section shall include 
the following:
            (1) The progress made on implementing the strategic plan 
        and on the progress toward fulfillment of the priorities 
        identified under section 303(e)(1).
            (2) The progress made in efforts to encourage Federal, 
        State, and local government departments and agencies to accord 
        higher priority to intellectual property enforcement.
            (3) The progress made in working with foreign countries to 
        investigate, arrest, and prosecute entities and individuals 
        involved in the financing, production, trafficking, and sale of 
        counterfeit and infringing goods.
            (4) The manner in which the relevant departments and 
        agencies are working together and sharing information to 
        strengthen intellectual property enforcement.
            (5) An assessment of the successes and shortcomings of the 
        efforts of the Federal Government, including departments and 
        agencies represented on the committee established under section 
        301(b)(3).
            (6) Recommendations, if any and as appropriate, for any 
        changes in enforcement statutes, regulations, or funding levels 
        that the advisory committee considers would significantly 
        improve the effectiveness or efficiency of the effort of the 
        Federal Government to combat counterfeiting and infringement 
        and otherwise strengthen intellectual property enforcement, 
        including through the elimination or consolidation of 
        duplicative programs or initiatives.
            (7) The progress made in strengthening the capacity of 
        countries to protect and enforce intellectual property rights.
            (8) The successes and challenges in sharing with other 
        countries information relating to intellectual property 
        enforcement.
            (9) The progress made under trade agreements and treaties 
        to protect intellectual property rights of United States 
        persons and their licensees.
            (10) The progress made in minimizing duplicative efforts, 
        materials, facilities, and procedures of the Federal agencies 
        and Departments responsible for the enforcement, investigation, 
        or prosecution of intellectual property crimes.
            (11) Recommendations, if any and as appropriate, on how to 
        enhance the efficiency and consistency with which Federal funds 
        and resources are expended to enforce, investigate, or 
        prosecute intellectual property crimes, including the extent to 
        which the agencies and Departments responsible for the 
        enforcement, investigation, or prosecution of intellectual 
        property crimes have utilized existing personnel, materials, 
        technologies, and facilities.

SEC. 305. SAVINGS AND REPEALS.

    (a) Transition From NIPLECC to IPEC.--
            (1) Repeal of niplecc.--Section 653 of the Treasury and 
        General Government Appropriations Act, 2000 (15 U.S.C. 1128) is 
        repealed effective upon confirmation of the IPEC by the Senate 
        and publication of such appointment in the Congressional 
        Record.
            (2) Continuity of performance of duties.--Upon confirmation 
        by the Senate, and notwithstanding paragraph (1), the IPEC may 
        use the services and personnel of the National Intellectual 
        Property Law Enforcement Coordination Council, for such time as 
        is reasonable, to perform any functions or duties which in the 
        discretion of the IPEC are necessary to facilitate the orderly 
        transition of any functions or duties transferred from the 
        Council to the IPEC pursuant to any provision of this Act or 
        any amendment made by this Act.
    (b) Current Authorities Not Affected.--Except as provided in 
subsection (a), nothing in this title shall alter the authority of any 
department or agency of the United States (including any independent 
agency) that relates to--
            (1) the investigation and prosecution of violations of laws 
        that protect intellectual property rights;
            (2) the administrative enforcement, at the borders of the 
        United States, of laws that protect intellectual property 
        rights; or
            (3) the United States trade agreements program or 
        international trade.
    (c) Rules of Construction.--Nothing in this title--
            (1) shall derogate from the powers, duties, and functions 
        of any of the agencies, departments, or other entities listed 
        or included under section 301(b)(3)(A); and
            (2) shall be construed to transfer authority regarding the 
        control, use, or allocation of law enforcement resources, or 
        the initiation or prosecution of individual cases or types of 
        cases, from the responsible law enforcement department or 
        agency.

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as may be necessary to carry out this title.

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

SEC. 401. LOCAL LAW ENFORCEMENT GRANTS.

    (a) Authorization.--Section 2 of the Computer Crime Enforcement Act 
(42 U.S.C. 3713) is amended--
            (1) in subsection (b), by inserting after ``computer 
        crime'' each place it appears the following: ``, including 
        infringement of copyrighted works over the Internet''; and
            (2) in subsection (e)(1), relating to authorization of 
        appropriations, by striking ``fiscal years 2001 through 2004'' 
        and inserting ``fiscal years 2009 through 2013''.
    (b) Grants.--The Office of Justice Programs of the Department of 
Justice may make grants to eligible State or local law enforcement 
entities, including law enforcement agencies of municipal governments 
and public educational institutions, for training, prevention, 
enforcement, and prosecution of intellectual property theft and 
infringement crimes (in this subsection referred to as ``IP-TIC 
grants''), in accordance with the following:
            (1) Use of ip-tic grant amounts.--IP-TIC grants may be used 
        to establish and develop programs to do the following with 
        respect to the enforcement of State and local true name and 
        address laws and State and local criminal laws on anti-
        infringement, anti-counterfeiting, and unlawful acts with 
        respect to goods by reason of their protection by a patent, 
        trademark, service mark, trade secret, or other intellectual 
        property right under State or Federal law:
                    (A) Assist State and local law enforcement agencies 
                in enforcing those laws, including by reimbursing State 
                and local entities for expenses incurred in performing 
                enforcement operations, such as overtime payments and 
                storage fees for seized evidence.
                    (B) Assist State and local law enforcement agencies 
                in educating the public to prevent, deter, and identify 
                violations of those laws.
                    (C) Educate and train State and local law 
                enforcement officers and prosecutors to conduct 
                investigations and forensic analyses of evidence and 
                prosecutions in matters involving those laws.
                    (D) Establish task forces that include personnel 
                from State or local law enforcement entities, or both, 
                exclusively to conduct investigations and forensic 
                analyses of evidence and prosecutions in matters 
                involving those laws.
                    (E) Assist State and local law enforcement officers 
                and prosecutors in acquiring computer and other 
                equipment to conduct investigations and forensic 
                analyses of evidence in matters involving those laws.
                    (F) Facilitate and promote the sharing, with State 
                and local law enforcement officers and prosecutors, of 
                the expertise and information of Federal law 
                enforcement agencies about the investigation, analysis, 
                and prosecution of matters involving those laws and 
                criminal infringement of copyrighted works, including 
                the use of multijurisdictional task forces.
            (2) Eligibility.--To be eligible to receive an IP-TIC 
        grant, a State or local government entity shall provide to the 
        Attorney General, in addition to the information regularly 
        required to be provided under the Financial Guide issued by the 
        Office of Justice Programs and any other information required 
        of Department of Justice's grantees--
                    (A) assurances that the State in which the 
                government entity is located has in effect laws 
                described in paragraph (1);
                    (B) an assessment of the resource needs of the 
                State or local government entity applying for the 
                grant, including information on the need for 
                reimbursements of base salaries and overtime costs, 
                storage fees, and other expenditures to improve the 
                investigation, prevention, or enforcement of laws 
                described in paragraph (1); and
                    (C) a plan for coordinating the programs funded 
                under this section with other federally funded 
                technical assistance and training programs, including 
                directly funded local programs such as the Edward Byrne 
                Memorial Justice Assistance Grant Program authorized by 
                subpart 1 of part E of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
                seq.).
            (3) Matching funds.--The Federal share of an IP-TIC grant 
        may not exceed 50 percent of the costs of the program or 
        proposal funded by the IP-TIC grant.
            (4) Authorization of appropriations.--
                    (A) Authorization.--There is authorized to be 
                appropriated to carry out this subsection the sum of 
                $25,000,000 for each of fiscal years 2009 through 2013.
                    (B) Limitation.--Of the amount made available to 
                carry out this subsection in any fiscal year, not more 
                than 3 percent may be used by the Attorney General for 
                salaries and administrative expenses.

SEC. 402. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR ENFORCEMENT 
              OF LAWS RELATED TO INTELLECTUAL PROPERTY CRIMES.

    (a) In General.--Subject to the availability of appropriations to 
carry out this subsection, the Attorney General, in consultation with 
the Director of the Federal Bureau of Investigation, shall, with 
respect to crimes related to the theft of intellectual property--
            (1) ensure that there are at least 10 additional 
        operational agents of the Federal Bureau of Investigation 
        designated to support the Computer Crime and Intellectual 
        Property Section of the Criminal Division of the Department of 
        Justice in the investigation and coordination of intellectual 
        property crimes;
            (2) ensure that any Computer Hacking and Intellectual 
        Property Crime Unit in the Department of Justice is supported 
        by at least 1 agent of the Federal Bureau of Investigation (in 
        addition to any agent supporting such unit as of the date of 
        the enactment of this Act) to support such unit for the purpose 
        of investigating or prosecuting intellectual property crimes;
            (3) ensure that all Computer Hacking and Intellectual 
        Property Crime Units located at an office of a United States 
        Attorney are assigned at least 2 Assistant United States 
        Attorneys responsible for investigating and prosecuting 
        computer hacking or intellectual property crimes; and
            (4) ensure the implementation of a regular and 
        comprehensive training program--
                    (A) the purpose of which is to train agents of the 
                Federal Bureau of Investigation in the investigation 
                and prosecution of such crimes and the enforcement of 
                laws related to intellectual property crimes; and
                    (B) that includes relevant forensic training 
                related to investigating and prosecuting intellectual 
                property crimes.
    (b) Organized Crime Plan.--Subject to the availability of 
appropriations to carry out this subsection, and not later than 180 
days after the date of the enactment of this Act, the Attorney General, 
through the United States Attorneys' Offices, the Computer Crime and 
Intellectual Property section, and the Organized Crime and Racketeering 
section of the Department of Justice, and in consultation with the 
Federal Bureau of Investigation and other Federal law enforcement 
agencies, such as the Department of Homeland Security, shall create and 
implement a comprehensive, long-range plan to investigate and prosecute 
international organized crime syndicates engaging in or supporting 
crimes relating to the theft of intellectual property.
    (c) Authorization.--There are authorized to be appropriated to 
carry out this section $10,000,000 for each of fiscal years 2009 
through 2013.

SEC. 403. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE 
              INTELLECTUAL PROPERTY CRIMES AND OTHER CRIMINAL ACTIVITY 
              INVOLVING COMPUTERS.

    (a) Additional Funding for Resources.--
            (1) Authorization.--In addition to amounts otherwise 
        authorized for resources to investigate and prosecute 
        intellectual property crimes and other criminal activity 
        involving computers, there are authorized to be appropriated 
        for each of the fiscal years 2009 through 2013--
                    (A) $10,000,000 to the Director of the Federal 
                Bureau of Investigation; and
                    (B) $10,000,000 to the Attorney General for the 
                Criminal Division of the Department of Justice.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.
    (b) Use of Additional Funding.--Funds made available under 
subsection (a) shall be used by the Director of the Federal Bureau of 
Investigation and the Attorney General, for the Federal Bureau of 
Investigation and the Criminal Division of the Department of Justice, 
respectively, to--
            (1) hire and train law enforcement officers to--
                    (A) investigate intellectual property crimes and 
                other crimes committed through the use of computers and 
                other information technology, including through the use 
                of the Internet; and
                    (B) assist in the prosecution of such crimes; and
            (2) enable relevant units of the Department of Justice, 
        including units responsible for investigating computer hacking 
        or intellectual property crimes, to procure advanced tools of 
        forensic science and expert computer forensic assistance, 
        including from non-governmental entities, to investigate, 
        prosecute, and study such crimes.

SEC. 404. ANNUAL REPORTS.

    (a) Report of the Attorney General.--Not later than 1 year after 
the date of the enactment of this Act, and annually thereafter, the 
Attorney General shall submit a report to Congress on actions taken to 
carry out this title. The initial report required under this subsection 
shall be submitted by May 1, 2009. All subsequent annual reports shall 
be submitted by May 1st of each fiscal year thereafter. The report 
required under this subsection may be submitted as part of the annual 
performance report of the Department of Justice, and shall include the 
following:
            (1) With respect to grants issued under section 401, the 
        number and identity of State and local law enforcement grant 
        applicants, the number of grants issued, the dollar value of 
        each grant, including a break down of such value showing how 
        the recipient used the funds, the specific purpose of each 
        grant, and the reports from recipients of the grants on the 
        efficacy of the program supported by the grant. The Department 
        of Justice shall use the information provided by the grant 
        recipients to produce a statement for each individual grant. 
        Such statement shall state whether each grantee has 
        accomplished the purposes of the grant as established in 
        section 401(b). Those grantees not in compliance with the 
        requirements of this title shall be subject, but not limited 
        to, sanctions as described in the Financial Guide issued by the 
        Office of Justice Programs at the Department of Justice.
            (2) With respect to the additional agents of the Federal 
        Bureau of Investigation authorized under paragraphs (1) and (2) 
        of section 402(a), the number of investigations and actions in 
        which such agents were engaged, the type of each action, the 
        resolution of each action, and any penalties imposed in each 
        action.
            (3) With respect to the training program authorized under 
        section 402(a)(4), the number of agents of the Federal Bureau 
        of Investigation participating in such program, the elements of 
        the training program, and the subject matters covered by the 
        program.
            (4) With respect to the organized crime plan authorized 
        under section 402(b), the number of organized crime 
        investigations and prosecutions resulting from such plan.
            (5) With respect to the authorizations under section 403--
                    (A) the number of law enforcement officers hired 
                and the number trained;
                    (B) the number and type of investigations and 
                prosecutions resulting from the hiring and training of 
                such law enforcement officers;
                    (C) the defendants involved in any such 
                prosecutions;
                    (D) any penalties imposed in each such successful 
                prosecution;
                    (E) the advanced tools of forensic science procured 
                to investigate, prosecute, and study computer hacking 
                or intellectual property crimes; and
                    (F) the number and type of investigations and 
                prosecutions in such tools were used.
            (6) Any other information that the Attorney General may 
        consider relevant to inform Congress on the effective use of 
        the resources authorized under sections 401, 402, and 403.
            (7) A summary of the efforts, activities, and resources the 
        Department of Justice has allocated to the enforcement, 
        investigation, and prosecution of intellectual property crimes, 
        including--
                    (A) a review of the policies and efforts of the 
                Department of Justice related to the prevention and 
                investigation of intellectual property crimes, 
                including efforts at the Office of Justice Programs, 
                the Criminal Division of the Department of Justice, the 
                Executive Office of United States Attorneys, the Office 
                of the Attorney General, the Office of the Deputy 
                Attorney General, the Office of Legal Policy, and any 
                other agency or bureau of the Department of Justice 
                whose activities relate to intellectual property;
                    (B) a summary of the overall successes and failures 
                of such policies and efforts;
                    (C) a review of the investigative and prosecution 
                activity of the Department of Justice with respect to 
                intellectual property crimes, including--
                            (i) the number of investigations initiated 
                        related to such crimes;
                            (ii) the number of arrests related to such 
                        crimes; and
                            (iii) the number of prosecutions for such 
                        crimes, including--
                                    (I) the number of defendants 
                                involved in such prosecutions;
                                    (II) whether the prosecution 
                                resulted in a conviction; and
                                    (III) the sentence and the 
                                statutory maximum for such crime, as 
                                well as the average sentence imposed 
                                for such crime; and
                    (D) a Department-wide assessment of the staff, 
                financial resources, and other resources (such as time, 
                technology, and training) devoted to the enforcement, 
                investigation, and prosecution of intellectual property 
                crimes, including the number of investigators, 
                prosecutors, and forensic specialists dedicated to 
                investigating and prosecuting intellectual property 
                crimes.
            (8) A summary of the efforts, activities, and resources 
        that the Department of Justice has taken to--
                    (A) minimize duplicating the efforts, materials, 
                facilities, and procedures of any other Federal agency 
                responsible for the enforcement, investigation, or 
                prosecution of intellectual property crimes; and
                    (B) enhance the efficiency and consistency with 
                which Federal funds and resources are expended to 
                enforce, investigate, or prosecute intellectual 
                property crimes, including the extent to which the 
                Department has utilized existing personnel, materials, 
                technologies, and facilities.
    (b) Initial Report of the Attorney General.--The first report 
required to be submitted by the Attorney General under subsection (a) 
shall include a summary of the efforts, activities, and resources the 
Department of Justice has allocated in the 5 years prior to the date of 
enactment of this Act, as well as the 1-year period following such date 
of enactment, to the enforcement, investigation, and prosecution of 
intellectual property crimes, including--
            (1) a review of the policies and efforts of the Department 
        of Justice related to the prevention and investigation of 
        intellectual property crimes, including efforts at the Office 
        of Justice Programs, the Criminal Division of the Department of 
        Justice, the Executive Office of United States Attorneys, the 
        Office of the Attorney General, the Office of the Deputy 
        Attorney General, the Office of Legal Policy, and any other 
        agency or bureau of the Department of Justice whose activities 
        relate to intellectual property;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Department of Justice with respect to intellectual 
        property crimes, including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                            (i) the number of defendants involved in 
                        such prosecutions;
                            (ii) whether the prosecution resulted in a 
                        conviction; and
                            (iii) the sentence and the statutory 
                        maximum for such crime, as well as the average 
                        sentence imposed for such crime; and
            (4) a Department-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual 
        property crimes.
    (c) Report of the FBI.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Director of the 
Federal Bureau of Investigation shall submit a report to Congress on 
actions taken to carry out this title. The initial report required 
under this subsection shall be submitted by May 1, 2009. All subsequent 
annual reports shall be submitted by May 1st of each fiscal year 
thereafter. The report required under this subsection may be submitted 
as part of the annual performance report of the Department of Justice, 
and shall include--
            (1) a review of the policies and efforts of the Bureau 
        related to the prevention and investigation of intellectual 
        property crimes;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Bureau with respect to intellectual property crimes, 
        including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                            (i) the number of defendants involved in 
                        such prosecutions;
                            (ii) whether the prosecution resulted in a 
                        conviction; and
                            (iii) the sentence and the statutory 
                        maximum for such crime, as well as the average 
                        sentence imposed for such crime; and
            (4) a Bureau-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual 
        property crimes.
    (d) Initial Report of the FBI.--The first report required to be 
submitted by the Director of the Federal Bureau of Investigation under 
subsection (c) shall include a summary of the efforts, activities, and 
resources the Federal Bureau of Investigation has allocated in the 5 
years prior to the date of enactment of this Act, as well as the 1-year 
period following such date of enactment to the enforcement, 
investigation, and prosecution of intellectual property crimes, 
including--
            (1) a review of the policies and efforts of the Bureau 
        related to the prevention and investigation of intellectual 
        property crimes;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Bureau with respect to intellectual property crimes, 
        including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                            (i) the number of defendants involved in 
                        such prosecutions;
                            (ii) whether the prosecution resulted in a 
                        conviction; and
                            (iii) the sentence and the statutory 
                        maximum for such crime, as well as the average 
                        sentence imposed for such crime; and
            (4) a Bureau-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual 
        property crimes.

                         TITLE V--MISCELLANEOUS

SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF 
              MANUFACTURERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to help determine how the Federal Government could 
better protect the intellectual property of manufacturers by 
quantification of the impacts of imported and domestic counterfeit 
goods on--
            (1) the manufacturing industry in the United States; and
            (2) the overall economy of the United States.
    (b) Contents.--In conducting the study required under subsection 
(a), the Comptroller General shall examine--
            (1) the extent that counterfeit manufactured goods are 
        actively being trafficked in and imported into the United 
        States;
            (2) the impacts on domestic manufacturers in the United 
        States of current law regarding defending intellectual 
        property, including patent, trademark, and copyright 
        protections;
            (3) the nature and scope of current statutory law and case 
        law regarding protecting trade dress from being illegally 
        copied;
            (4) the extent which such laws are being used to 
        investigate and prosecute acts of trafficking in counterfeit 
        manufactured goods;
            (5) any effective practices or procedures that are 
        protecting all types of intellectual property; and
            (6) any changes to current statutes or rules that would 
        need to be implemented to more effectively protect the 
        intellectual property rights of manufacturers.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the results of the study required under subsection (a).

SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND EFFICIENCY.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General shall conduct an audit and submit a report to the 
Committee on the Judiciary of the Senate and to the Committee on the 
Judiciary of the House of Representatives on--
            (1) the efforts, activities, and actions of the 
        Intellectual Property Enforcement Coordinator and the Attorney 
        General in achieving the goals and purposes of this Act, as 
        well as in carrying out any responsibilities or duties assigned 
        to each such individual or agency under this Act;
            (2) any possible legislative, administrative, or regulatory 
        changes that Comptroller General recommends be taken by or on 
        behalf of the Intellectual Property Enforcement Coordinator or 
        the Attorney General to better achieve such goals and purposes, 
        and to more effectively carry out such responsibilities and 
        duties;
            (3) the effectiveness of any actions taken and efforts made 
        by the Intellectual Property Enforcement Coordinator and the 
        Attorney General to--
                    (A) minimize duplicating the efforts, materials, 
                facilities, and procedures of any other Federal agency 
                responsible for the enforcement, investigation, or 
                prosecution of intellectual property crimes; and
                    (B) enhance the efficiency and consistency with 
                which Federal funds and resources are expended to 
                enforce, investigate, or prosecute intellectual 
                property crimes, including whether the IPEC has 
                utilized existing personnel, materials, technologies, 
                and facilities, such as the National Intellectual 
                Property Rights Coordination Center established at the 
                Department of Homeland Security; and
            (4) any actions or efforts that the Comptroller General 
        recommends be taken by or on behalf of the Intellectual 
        Property Enforcement Coordinator and the Attorney General to 
        reduce duplication of efforts and increase the efficiency and 
        consistency with which Federal funds and resources are expended 
        to enforce, investigate, or prosecute intellectual property 
        crimes.

SEC. 503. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States intellectual property industries have 
        created millions of high-skill, high-paying United States jobs 
        and pay billions of dollars in annual United States tax 
        revenues;
            (2) the United States intellectual property industries 
        continue to represent a major source of creativity and 
        innovation, business start-ups, skilled job creation, exports, 
        economic growth, and competitiveness;
            (3) counterfeiting and infringement results in billions of 
        dollars in lost revenue for United States companies each year 
        and even greater losses to the United States economy in terms 
        of reduced job growth, exports, and competitiveness;
            (4) the growing number of willful violations of existing 
        Federal criminal laws involving counterfeiting and infringement 
        by actors in the United States and, increasingly, by foreign-
        based individuals and entities is a serious threat to the long-
        term vitality of the United States economy and the future 
        competitiveness of United States industry;
            (5) terrorists and organized crime utilize piracy, 
        counterfeiting, and infringement to fund some of their 
        activities;
            (6) effective criminal enforcement of the intellectual 
        property laws against violations in all categories of works 
        should be among the highest priorities of the Attorney General;
            (7) with respect to all crimes related to the theft of 
        intellectual property, the Attorney General shall give priority 
        to cases with a nexus to terrorism and organized crime; and
            (8) with respect to criminal counterfeiting and 
        infringement of computer software, including those by foreign-
        owned or foreign-controlled entities, the Attorney General 
        should give priority to cases--
                    (A) involving the willful theft of intellectual 
                property for purposes of commercial advantage or 
                private financial gain;
                    (B) where the theft of intellectual property is 
                central to the sustainability and viability of the 
                commercial activity of the enterprise (or subsidiary) 
                involved in the violation;
                    (C) where the counterfeited or infringing goods or 
                services enables the enterprise to unfairly compete 
                against the legitimate rights holder; or
                    (D) where there is actual knowledge of the theft of 
                intellectual property by the directors or officers of 
                the enterprise.

            Passed the Senate September 26 (legislative day, September 
      17), 2008.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                                S. 3325

_______________________________________________________________________

                                 AN ACT

 To enhance remedies for violations of intellectual property laws, and 
                          for other purposes.