[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3325 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3325
To enhance remedies for violations of intellectual property laws, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24 (legislative day, July 23), 2008
Mr. Leahy (for himself, Mr. Specter, Mr. Bayh, Mr. Voinovich, Mrs.
Feinstein, and Mr. Cornyn) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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 ``Enforcement of
Intellectual Property Rights 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--AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY
GENERAL
Sec. 101. Civil penalties for certain violations.
TITLE II--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS
Sec. 201. Registration of claim.
Sec. 202. Civil remedies for infringement.
Sec. 203. Treble damages in counterfeiting cases.
Sec. 204. Statutory damages in counterfeiting cases.
Sec. 205. Transshipment and exportation of goods bearing infringing
marks.
Sec. 206. Importation, transshipment, and exportation.
TITLE III--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS
Sec. 301. Criminal copyright infringement.
Sec. 302. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging for
works that can be copyrighted.
Sec. 303. Unauthorized fixation.
Sec. 304. Unauthorized recording of motion pictures.
Sec. 305. Trafficking in counterfeit goods or services.
Sec. 306. Forfeiture, destruction, and restitution.
Sec. 307. Forfeiture under Economic Espionage Act.
Sec. 308. Technical and conforming amendments.
TITLE IV--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST
COUNTERFEITING AND PIRACY
Sec. 401. Intellectual property enforcement coordinator.
Sec. 402. Definition.
Sec. 403. Joint strategic plan.
Sec. 404. Reporting.
Sec. 405. Savings and repeals.
Sec. 406. Authorization of appropriations.
TITLE V--DEPARTMENT OF JUSTICE PROGRAMS
Sec. 501. Local law enforcement grants.
Sec. 502. Improved investigative and forensic resources for enforcement
of laws related to intellectual property
crimes.
Sec. 503. Additional funding for resources to investigate and prosecute
criminal activity involving computers.
Sec. 504. International intellectual property law enforcement
coordinators.
Sec. 505. Annual reports.
Sec. 506. Authorization of appropriations.
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--AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT BY ATTORNEY
GENERAL
SEC. 101. CIVIL PENALTIES FOR CERTAIN VIOLATIONS.
(a) In General.--Chapter 5 of title 17, United States Code, is
amended by inserting after section 506 the following:
``SEC. 506A. CIVIL PENALTIES FOR VIOLATIONS OF SECTION 506.
``(a) In General.--In lieu of a criminal action under section 506,
the Attorney General may commence a civil action in the appropriate
United States district court against any person who engages in conduct
constituting an offense under section 506. Upon proof of such conduct
by a preponderance of the evidence, such person shall be subject to a
civil penalty under section 504 which shall be in an amount equal to
the amount which would be awarded under section 3663(a)(1)(B) of title
18 and restitution to the copyright owner aggrieved by the conduct.
``(b) Other Remedies.--
``(1) In general.--Imposition of a civil penalty under this
section does not preclude any other criminal or civil
statutory, injunctive, common law, or administrative remedy,
which is available by law to the United States or any other
person.
``(2) Offset.--Any restitution received by a copyright
owner as a result of a civil action brought under this section
shall be offset against any award of damages in a subsequent
copyright infringement civil action by that copyright owner for
the conduct that gave rise to the civil action brought under
this section.''.
(b) Damages and Profits.--Section 504 of title 17, United States
Code, is amended--
(1) in subsection (b)--
(A) in the first sentence--
(i) by inserting ``, or the Attorney
General in a civil action,'' after ``The
copyright owner''; and
(ii) by striking ``him or her'' and
inserting ``the copyright owner''; and
(B) in the second sentence by inserting ``, or the
Attorney General in a civil action,'' after ``the
copyright owner''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, or the
Attorney General in a civil action,'' after ``the
copyright owner''; and
(B) in paragraph (2), by inserting ``, or the
Attorney General in a civil action,'' after ``the
copyright owner''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 17, United States Code, is amended by inserting
after the item relating to section 506 the following:
``Sec. 506a. Civil penalties for violations of section 506.''.
TITLE II--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS
SEC. 201. 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 inaccurate 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.''.
(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. 202. CIVIL REMEDIES FOR INFRINGEMENT.
(a) In General.--Section 503(a) of title 17, United States Code, is
amended--
(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 receipt of things
involved in such violation. The court shall enter, if
appropriate, a protective order with respect to discovery of
any records that have been seized. The protective order shall
provide for appropriate procedures to ensure that confidential
information contained in such records is not improperly
disclosed to any party.''.
(b) Protective Orders for Seized Records.--Section 34(d)(1)(A) of
the Trademark Act (15 U.S.C. 1116(d)(1)(A)) is amended by adding at the
end the following: ``The court shall enter, if appropriate, a
protective order with respect to discovery of any records that have
been seized. The protective order shall provide for appropriate
procedures to ensure that confidential information contained in such
records is not improperly disclosed to any party.''.
SEC. 203. 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. 204. 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. 205. TRANSSHIPMENT AND EXPORTATION OF GOODS BEARING INFRINGING
MARKS.
Title VII of the Trademark Act of 1946 (15 U.S.C. 1124) is
amended--
(1) in the title heading, by inserting after
``IMPORTATION'' the following: ``TRANSSHIPMENT, OR
EXPORTATION''; and
(2) in section 42--
(A) by striking ``imported''; and
(B) by inserting after ``customhouse of the United
States'' the following: ``, nor shall any such article
be transshipped through or exported from the United
States''.
SEC. 206. IMPORTATION, TRANSSHIPMENT, 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, TRANSSHIPMENT,
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, Transshipment, or Exportation.--
``(1) Importation.--'';
(3) by striking ``This subsection does not apply to--'' and
inserting the following:
``(2) Importation, transhipment, or exportation of
infringing items.--Importation into the United States,
transshipment through 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 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 III--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS
SEC. 301. 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. 302. 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. 303. 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. 304. 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. 305. 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.''.
(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. 306. 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 or 1204 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), except that property is subject to forfeiture
under this subparagraph only if the United States
Government establishes that there was a substantial
connection between the property and the violation 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. 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 or 1204 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 or 1204 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. 307. 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. 308. 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 IV--COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST
COUNTERFEITING AND PIRACY
SEC. 401. 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 piracy by the
advisory committee under section 403;
(C) assist in the implementation of the Joint
Strategic Plan by the departments and agencies listed
in subsection (b)(3)(A);
(D) report directly to the President and Congress
regarding domestic and international intellectual
property enforcement programs;
(E) report to Congress, as provided in section 404,
on the implementation of the Joint Strategic Plan, and
make recommendations to Congress for improvements in
Federal intellectual property enforcement efforts; and
(F) 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 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 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) The Department of Justice.
(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 United States Copyright Office.
(ix) Any such other agencies as the
President determines to be substantially
involved in the efforts of the Federal
Government to combat counterfeiting and piracy.
(B) Functions.--The advisory committee established
under subparagraph (A) shall develop the Joint
Strategic Plan against counterfeiting and piracy under
section 403.
(c) Compensation.--Section 5312 of title 5, United States Code, is
amended by adding at the end the following: ``United States
Intellectual Property Enforcement Coordinator.''.
SEC. 402. 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
pirated goods.
SEC. 403. JOINT STRATEGIC PLAN.
(a) Purpose.--The objectives of the Joint Strategic Plan against
counterfeiting and piracy that is referred to in section 401(b)(1)(B)
(in this section referred to as the ``joint strategic plan'') are the
following:
(1) Reducing counterfeit and pirated 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 pirated goods.
(3) Ensuring that information is identified and shared
among the relevant departments and agencies, to the extent
permitted by law and consistent with law enforcement protocols
for handling 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 pirated goods.
(4) Disrupting and eliminating domestic and international
counterfeiting and piracy 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 pirated 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 pirated or counterfeit goods;
(B) using the information described in subparagraph
(A) to conduct 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 401(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
401(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 401(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 piracy, and
plans for addressing the joint strategic plan.
(e) Contents of the Joint Strategic Plan.--Each joint strategic
plan shall include the following:
(1) A detailed 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 detailed description of the means and methods to be
employed to achieve the priorities, including the means and
methods for improving the efficiency and effectiveness of the
Federal Government's enforcement efforts against counterfeiting
and piracy.
(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 piracy.
(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 between the IPEC
and the departments and agencies identified under paragraph
(6), including a process for 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
piracy, 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 piracy. 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 pirated 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 piracy.
(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. 404. 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 403.
(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 403(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 pirated 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
401(b)(3).
(6) Recommendations 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 piracy 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.
SEC. 405. SAVINGS AND REPEALS.
(a) Repeal of Coordination Council.--Section 653 of the Treasury
and General Government Appropriations Act, 2000 (15 U.S.C. 1128) is
repealed.
(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) Register of Copyrights.--Nothing in this title shall derogate
from the duties and functions of the Register of Copyrights.
SEC. 406. 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 V--DEPARTMENT OF JUSTICE PROGRAMS
SEC. 501. 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 shall 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-piracy,
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--
(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 90 percent of the costs of the program or
proposal funded by the IP-TIC grant, unless the Attorney
General waives, in whole or in part, the 90 percent
requirement.
(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. 502. 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) create an operational unit of the Federal Bureau of
Investigation--
(A) to work with the Computer Crime and
Intellectual Property section of the Department of
Justice on the investigation and coordination of
intellectual property crimes that are complex,
committed in more than 1 judicial district, or
international;
(B) that consists of at least 10 agents of the
Bureau; and
(C) that is located at the headquarters of the
Bureau;
(2) ensure that any unit in the Department of Justice
responsible for investigating computer hacking or intellectual
property crimes is assigned at least 2 agents of the Federal
Bureau of Investigation (in addition to any agent assigned to
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; and
(3) implement a comprehensive 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;
(B) that includes relevant forensic training
related to investigating and prosecuting intellectual
property crimes; and
(C) that requires such agents who investigate or
prosecute intellectual property crimes to attend the
program annually.
(b) Organized Crime Task Force.--Subject to the availability of
appropriations to carry out this subsection, and not later than 120
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, shall create a Task Force to develop 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 $12,000,000 for each of fiscal years 2009
through 2013.
SEC. 503. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
CRIMINAL ACTIVITY INVOLVING COMPUTERS.
(a) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute 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 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) procure advanced tools of forensic science to
investigate, prosecute, and study such crimes.
SEC. 504. INTERNATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT
COORDINATORS.
(a) Deployment of Additional Coordinators.--Subject to the
availability of appropriations to carry out this section, the Attorney
General shall, within 180 days after the date of the enactment of this
Act, deploy 5 Intellectual Property Law Enforcement Coordinators, in
addition to those serving in such capacity on such date of enactment.
Such deployments shall be made to those countries and regions where the
activities of such a coordinator can be carried out most effectively
and with the greatest benefit to reducing counterfeit and pirated
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. The
mission of all International Intellectual Property Law Enforcement
Coordinators shall include the following:
(1) Acting as liaison with foreign law enforcement agencies
and other foreign officials in criminal matters involving
intellectual property rights.
(2) Performing outreach and training to build the
enforcement capacity of foreign governments against
intellectual property-related crime in the regions in which the
coordinators serve.
(3) Coordinating United States law enforcement activities
against intellectual property-related crimes in the regions in
which the coordinators serve.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary for the
deployment and support of all International Intellectual Property
Enforcement Coordinators of the Department of Justice, including those
deployed under subsection (a).
SEC. 505. ANNUAL REPORTS.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Attorney General shall submit to the
Committees on the Judiciary of the Senate and the House of
Representatives a report on actions taken to carry out this title.
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year such
sums as may be necessary to carry out this title.
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