[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.
                                 <all>