[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10229-H10238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PRIORITIZING RESOURCES AND ORGANIZATION FOR INTELLECTUAL PROPERTY ACT 
                                OF 2008

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3325) to enhance remedies for violations of 
intellectual property laws, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 3325

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Reference.
Sec. 3. Definition.

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

Sec. 101. Registration of claim.
Sec. 102. Civil remedies for infringement.
Sec. 103. Treble damages in counterfeiting cases.
Sec. 104. Statutory damages in counterfeiting cases.
Sec. 105. Importation and exportation.

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

Sec. 201. Criminal copyright infringement.
Sec. 202. Trafficking in counterfeit labels, illicit labels, or 
              counterfeit documentation or packaging for works that can 
              be copyrighted.
Sec. 203. Unauthorized fixation.
Sec. 204. Unauthorized recording of motion pictures.
Sec. 205. Trafficking in counterfeit goods or services.
Sec. 206. Forfeiture, destruction, and restitution.
Sec. 207. Forfeiture under Economic Espionage Act.
Sec. 208. Criminal infringement of a copyright.
Sec. 209. Technical and conforming amendments.

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

Sec. 301. Intellectual Property Enforcement Coordinator.
Sec. 302. Definition.
Sec. 303. Joint strategic plan.
Sec. 304. Reporting.
Sec. 305. Savings and repeals.
Sec. 306. Authorization of appropriations.

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

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

                         TITLE V--MISCELLANEOUS

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

     SEC. 2. REFERENCE.

       Any reference in this Act to the ``Trademark Act of 1946'' 
     refers to the Act entitled ``An Act to provide for the 
     registration of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et 
     seq.).

     SEC. 3. DEFINITION.

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

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

     SEC. 101. REGISTRATION OF CLAIM.

       (a) Limitation to Civil Actions; Harmless Error.--Section 
     411 of title 17, United States Code, is amended--
       (1) in the section heading, by inserting ``CIVIL'' before 
     ``INFRINGEMENT'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``no action'' and 
     inserting ``no civil action''; and

[[Page H10230]]

       (B) in the second sentence, by striking ``an action'' and 
     inserting ``a civil action'';
       (3) by redesignating subsection (b) as subsection (c);
       (4) in subsection (c), as so redesignated by paragraph (3), 
     by striking ``506 and sections 509 and'' and inserting ``505 
     and section''; and
       (5) by inserting after subsection (a) the following:
       ``(b)(1) A certificate of registration satisfies the 
     requirements of this section and section 412, regardless of 
     whether the certificate contains any inaccurate information, 
     unless--
       ``(A) the inaccurate information was included on the 
     application for copyright registration with knowledge that it 
     was inaccurate; and
       ``(B) the inaccuracy of the information, if known, would 
     have caused the Register of Copyrights to refuse 
     registration.
       ``(2) In any case in which inaccurate information described 
     under paragraph (1) is alleged, the court shall request the 
     Register of Copyrights to advise the court whether the 
     inaccurate information, if known, would have caused the 
     Register of Copyrights to refuse registration.
       ``(3) Nothing in this subsection shall affect any rights, 
     obligations, or requirements of a person related to 
     information contained in a registration certificate, except 
     for the institution of and remedies in infringement actions 
     under this section and section 412.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 412 of title 17, United States Code, is amended 
     by striking ``411(b)'' and inserting ``411(c)''.
       (2) The item relating to section 411 in the table of 
     sections for chapter 4 of title 17, United States Code, is 
     amended to read as follows:

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

     SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.

       (a) In General.--Section 503(a) of title 17, United States 
     Code, is amended to read as follows:
       ``(a)(1) At any time while an action under this title is 
     pending, the court may order the impounding, on such terms as 
     it may deem reasonable--
       ``(A) of all copies or phonorecords claimed to have been 
     made or used in violation of the exclusive right of the 
     copyright owner;
       ``(B) of all plates, molds, matrices, masters, tapes, film 
     negatives, or other articles by means of which such copies of 
     phonorecords may be reproduced; and
       ``(C) of records documenting the manufacture, sale, or 
     receipt of things involved in any such violation, provided 
     that any records seized under this subparagraph shall be 
     taken into the custody of the court.
       ``(2) For impoundments of records ordered under paragraph 
     (1)(C), the court shall enter an appropriate protective order 
     with respect to discovery and use of any records or 
     information that has been impounded. The protective order 
     shall provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used.
       ``(3) The relevant provisions of paragraphs (2) through 
     (11) of section 34(d) of the Trademark Act (15 U.S.C. 
     1116(d)(2) through (11)) shall extend to any impoundment of 
     records ordered under paragraph (1)(C) that is based upon an 
     ex parte application, notwithstanding the provisions of rule 
     65 of the Federal Rules of Civil Procedure. Any references in 
     paragraphs (2) through (11) of section 34(d) of the Trademark 
     Act to section 32 of such Act shall be read as references to 
     section 501 of this title, and references to use of a 
     counterfeit mark in connection with the sale, offering for 
     sale, or distribution of goods or services shall be read as 
     references to infringement of a copyright.''.
       (b) Protective Order for Seized Records.--Section 34(d)(7) 
     of the Trademark Act (15 U.S.C. 1116(d)(7)) is amended to 
     read as follows:
       ``(7) Any materials seized under this subsection shall be 
     taken into the custody of the court. For seizures made under 
     this section, the court shall enter an appropriate protective 
     order with respect to discovery and use of any records or 
     information that has been seized. The protective order shall 
     provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used.''.

     SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.

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

     SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.

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

     SEC. 105. IMPORTATION AND EXPORTATION.

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

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

       (b) Amendment on Exportation.--Section 602(a) of title 17, 
     United States Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and moving such 
     subparagraphs 2 ems to the right;
       (2) by striking ``(a)'' and inserting ``(a) Infringing 
     Importation or Exportation.--
       ``(1) Importation.--'';
       (3) by striking ``This subsection does not apply to--'' and 
     inserting the following:
       ``(2) Importation or exportation of infringing items.--
     Importation into the United States or exportation from the 
     United States, without the authority of the owner of 
     copyright under this title, of copies or phonorecords, the 
     making of which either constituted an infringement of 
     copyright, or which would have constituted an infringement of 
     copyright if this title had been applicable, is an 
     infringement of the exclusive right to distribute copies or 
     phonorecords under section 106, actionable under sections 501 
     and 506.
       ``(3) Exceptions.--This subsection does not apply to--'';
       (4) in paragraph (3)(A) (as redesignated by this 
     subsection) by inserting ``or exportation'' after 
     ``importation''; and
       (5) in paragraph (3)(B) (as redesignated by this 
     subsection)--
       (A) by striking ``importation, for the private use of the 
     importer'' and inserting ``importation or exportation, for 
     the private use of the importer or exporter''; and
       (B) by inserting ``or departing from the United States'' 
     after ``United States''.
       (c) Conforming Amendments.--(1) Section 602 of title 17, 
     United States Code, is further amended--
       (A) in the section heading, by inserting ``or exportation'' 
     after ``importation''; and
       (B) in subsection (b)--
       (i) by striking ``(b) In a case'' and inserting ``(b) 
     Import Prohibition.--In a case'';
       (ii) by striking ``the United States Customs Service'' and 
     inserting ``United States Customs and Border Protection''; 
     and
       (iii) by striking ``the Customs Service'' and inserting 
     ``United States Customs and Border Protection''.
       (2) Section 601(b)(2) of title 17, United States Code, is 
     amended by striking ``the United States Customs Service'' and 
     inserting ``United States Customs and Border Protection''.
       (3) The item relating to chapter 6 in the table of chapters 
     for title 17, United States Code, is amended to read as 
     follows:

``6. Manufacturing Requirements, Importation, and Exportation ........ 
                                 601''.

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

     SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.

       (a) Forfeiture and Destruction; Restitution.--Section 
     506(b) of title 17, United States Code, is amended to read as 
     follows:
       ``(b) Forfeiture, Destruction, and Restitution.--
     Forfeiture, destruction, and restitution relating to this 
     section shall be subject to section 2323 of title 18, to the 
     extent provided in that section, in addition to any other 
     similar remedies provided by law.''.
       (b) Seizures and Forfeitures.--
       (1) Repeal.--Section 509 of title 17, United States Code, 
     is repealed.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 5 of title 17, United States Code, is 
     amended by striking the item relating to section 509.

     SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, 
                   OR COUNTERFEIT DOCUMENTATION OR PACKAGING FOR 
                   WORKS THAT CAN BE COPYRIGHTED.

       Section 2318 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively; and
       (C) by striking ``Whoever'' and inserting ``(1) Whoever'';
       (2) by amending subsection (d) to read as follows:

[[Page H10231]]

       ``(d) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''; and
       (3) by striking subsection (e) and redesignating subsection 
     (f) as subsection (e).

     SEC. 203. UNAUTHORIZED FIXATION.

       (a) Section 2319A(b) of title 18, United States Code, is 
     amended to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.
       (b) Section 2319A(c) of title 18, United States Code, is 
     amended by striking the second sentence and inserting: ``The 
     Secretary of Homeland Security shall issue regulations by 
     which any performer may, upon payment of a specified fee, be 
     entitled to notification by United States Customs and Border 
     Protection of the importation of copies or phonorecords that 
     appear to consist of unauthorized fixations of the sounds or 
     sounds and images of a live musical performance.''.

     SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.

       Section 2319B(b) of title 18, United States Code, is 
     amended to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.

     SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

       (a) In General.--Section 2320 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Whoever'' and inserting ``Offense.--''
       ``(1) In general.--Whoever;'';
       (B) by moving the remaining text 2 ems to the right; and
       (C) by adding at the end the following:
       ``(2) Serious bodily harm or death.--
       ``(A) Serious bodily harm.--If the offender knowingly or 
     recklessly causes or attempts to cause serious bodily injury 
     from conduct in violation of paragraph (1), the penalty shall 
     be a fine under this title or imprisonment for not more than 
     20 years, or both.
       ``(B) Death.--If the offender knowingly or recklessly 
     causes or attempts to cause death from conduct in violation 
     of paragraph (1), the penalty shall be a fine under this 
     title or imprisonment for any term of years or for life, or 
     both.''; and
       (2) by adding at the end the following:
       ``(h) Transshipment and Exportation.--No goods or services, 
     the trafficking in of which is prohibited by this section, 
     shall be transshipped through or exported from the United 
     States. Any such transshipment or exportation shall be deemed 
     a violation of section 42 of an Act to provide for the 
     registration of trademarks used in commerce, to carry out the 
     provisions of certain international conventions, and for 
     other purposes, approved July 5, 1946 (commonly referred to 
     as the `Trademark Act of 1946' or the `Lanham Act').''.
       (b) Forfeiture and Destruction of Property; Restitution.--
     Section 2320(b) of title 18, United States Code, is amended 
     to read as follows:
       ``(b) Forfeiture and Destruction of Property; 
     Restitution.--Forfeiture, destruction, and restitution 
     relating to this section shall be subject to section 2323, to 
     the extent provided in that section, in addition to any other 
     similar remedies provided by law.''.

     SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 2323. FORFEITURE, DESTRUCTION, AND RESTITUTION.

       ``(a) Civil Forfeiture.--
       ``(1) Property subject to forfeiture.--The following 
     property is subject to forfeiture to the United States 
     Government:
       ``(A) Any article, the making or trafficking of which is, 
     prohibited under section 506 of title 17, or section 2318, 
     2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
       ``(B) Any property used, or intended to be used, in any 
     manner or part to commit or facilitate the commission of an 
     offense referred to in subparagraph (A).
       ``(C) Any property constituting or derived from any 
     proceeds obtained directly or indirectly as a result of the 
     commission of an offense referred to in subparagraph (A).
       ``(2) Procedures.--The provisions of chapter 46 relating to 
     civil forfeitures shall extend to any seizure or civil 
     forfeiture under this section. For seizures made under this 
     section, the court shall enter an appropriate protective 
     order with respect to discovery and use of any records or 
     information that has been seized. The protective order shall 
     provide for appropriate procedures to ensure that 
     confidential, private, proprietary, or privileged information 
     contained in such records is not improperly disclosed or 
     used. At the conclusion of the forfeiture proceedings, unless 
     otherwise requested by an agency of the United States, the 
     court shall order that any property forfeited under paragraph 
     (1) be destroyed, or otherwise disposed of according to law.
       ``(b) Criminal Forfeiture.--
       ``(1) Property subject to forfeiture.--The court, in 
     imposing sentence on a person convicted of an offense under 
     section 506 of title 17, or section 2318, 2319, 2319A, 2319B, 
     or 2320, or chapter 90, of this title, shall order, in 
     addition to any other sentence imposed, that the person 
     forfeit to the United States Government any property subject 
     to forfeiture under subsection (a) for that offense.
       ``(2) Procedures.--
       ``(A) In general.--The forfeiture of property under 
     paragraph (1), including any seizure and disposition of the 
     property and any related judicial or administrative 
     proceeding, shall be governed by the procedures set forth in 
     section 413 of the Comprehensive Drug Abuse Prevention and 
     Control Act of 1970 (21 U.S.C. 853), other than subsection 
     (d) of that section.
       ``(B) Destruction.--At the conclusion of the forfeiture 
     proceedings, the court, unless otherwise requested by an 
     agency of the United States shall order that any--
       ``(i) forfeited article or component of an article bearing 
     or consisting of a counterfeit mark be destroyed or otherwise 
     disposed of according to law; and
       ``(ii) infringing items or other property described in 
     subsection (a)(1)(A) and forfeited under paragraph (1) of 
     this subsection be destroyed or otherwise disposed of 
     according to law.
       ``(c) Restitution.--When a person is convicted of an 
     offense under section 506 of title 17 or section 2318, 2319, 
     2319A, 2319B, or 2320, or chapter 90, of this title, the 
     court, pursuant to sections 3556, 3663A, and 3664 of this 
     title, shall order the person to pay restitution to any 
     victim of the offense as an offense against property referred 
     to in section 3663A(c)(1)(A)(ii) of this title.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 113 of title 18, United States Code, is 
     amended by adding at the end the following:

``Sec. 2323. Forfeiture, destruction, and restitution.''.

     SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.

       Section 1834 of title 18, United States Code, is amended to 
     read as follows:

     ``SEC. 1834. CRIMINAL FORFEITURE.

       ``Forfeiture, destruction, and restitution relating to this 
     chapter shall be subject to section 2323, to the extent 
     provided in that section, in addition to any other similar 
     remedies provided by law.''.

     SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

       Section 2319 of title 18, United States Code, is amended--
       (1) in subsection (b)(2)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by striking ``paragraph (1)'' and inserting 
     ``subsection (a)'';
       (2) in subsection (c)(2)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by striking ``paragraph (1)'' and inserting 
     ``subsection (a)'';
       (3) in subsection (d)(3)--
       (A) by inserting ``is a felony and'' after ``offense'' the 
     first place such term appears; and
       (B) by inserting ``under subsection (a)'' before the 
     semicolon; and
       (4) in subsection (d)(4), by inserting ``is a felony and'' 
     after ``offense'' the first place such term appears.

     SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Amendments to Title 17, United States Code.--
       (1) Section 109 (b)(4) of title 17, United States Code, is 
     amended by striking ``505, and 509'' and inserting ``and 
     505''.
       (2) Section 111 of title 17, United States Code, is 
     amended--
       (A) in subsection (b), by striking ``and 509'';
       (B) in subsection (c)--
       (i) in paragraph (2), by striking ``and 509'';
       (ii) in paragraph (3), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (iii) in paragraph (4), by striking ``and section 509''; 
     and
       (C) in subsection (e)--
       (i) in paragraph (1), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (ii) in paragraph (2), by striking ``and 509''.
       (3) Section 115(c) of title 17, United States Code, is 
     amended--
       (A) in paragraph (3)(G)(i), by striking ``and 509''; and
       (B) in paragraph (6), by striking ``and 509''.
       (4) Section 119(a) of title 17, United States Code, is 
     amended--
       (A) in paragraph (6), by striking ``sections 509 and 510'' 
     and inserting ``section 510'';
       (B) in paragraph (7)(A), by striking ``and 509'';
       (C) in paragraph (8), by striking ``and 509''; and
       (D) in paragraph (13), by striking ``and 509''.
       (5) Section 122 of title 17, United States Code, is 
     amended--
       (A) in subsection (d), by striking ``and 509'';
       (B) in subsection (e), by striking ``sections 509 and 510'' 
     and inserting ``section 510''; and
       (C) in subsection (f)(1), by striking ``and 509''.
       (6) Section 411(b) of title 17, United States Code, is 
     amended by striking ``sections 509 and 510'' and inserting 
     ``section 510''.
       (b) Other Amendments.--Section 596(c)(2)(c) of the Tariff 
     Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking 
     ``or 509''.

[[Page H10232]]

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

     SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.

       (a) Intellectual Property Enforcement Coordinator.--The 
     President shall appoint, by and with the advice and consent 
     of the Senate, an Intellectual Property Enforcement 
     Coordinator (in this title referred to as the ``IPEC'') to 
     serve within the Executive Office of the President. As an 
     exercise of the rulemaking power of the Senate, any 
     nomination of the IPEC submitted to the Senate for 
     confirmation, and referred to a committee, shall be referred 
     to the Committee on the Judiciary.
       (b) Duties of IPEC.--
       (1) In general.--The IPEC shall--
       (A) chair the interagency intellectual property enforcement 
     advisory committee established under subsection (b)(3)(A);
       (B) coordinate the development of the Joint Strategic Plan 
     against counterfeiting and infringement by the advisory 
     committee under section 303;
       (C) assist, at the request of the departments and agencies 
     listed in subsection (b)(3)(A), in the implementation of the 
     Joint Strategic Plan;
       (D) facilitate the issuance of policy guidance to 
     departments and agencies on basic issues of policy and 
     interpretation, to the extent necessary to assure the 
     coordination of intellectual property enforcement policy and 
     consistency with other law;
       (E) report to the President and report to Congress, to the 
     extent consistent with law, regarding domestic and 
     international intellectual property enforcement programs;
       (F) report to Congress, as provided in section 304, on the 
     implementation of the Joint Strategic Plan, and make 
     recommendations, if any and as appropriate, to Congress for 
     improvements in Federal intellectual property laws and 
     enforcement efforts; and
       (G) carry out such other functions as the President may 
     direct.
       (2) Limitation on authority.--The IPEC may not control or 
     direct any law enforcement agency, including the Department 
     of Justice, in the exercise of its investigative or 
     prosecutorial authority.
       (3) Advisory committee.--
       (A) Establishment.--There is established an interagency 
     intellectual property enforcement advisory committee composed 
     of the IPEC, who shall chair the committee, and the following 
     members:
       (i) Senate-confirmed representatives of the following 
     departments and agencies who are involved in intellectual 
     property enforcement, and who are, or are appointed by, the 
     respective heads of those departments and agencies:

       (I) The Office of Management and Budget.
       (II) Relevant units within the Department of Justice, 
     including the Federal Bureau of Investigation and the 
     Criminal Division.
       (III) The United States Patent and Trademark Office and 
     other relevant units of the Department of Commerce.
       (IV) The Office of the United States Trade Representative.
       (V) The Department of State, the United States Agency for 
     International Development, and the Bureau of International 
     Narcotics Law Enforcement.
       (VI) The Department of Homeland Security, United States 
     Customs and Border Protection, and United States Immigration 
     and Customs Enforcement.
       (VII) The Food and Drug Administration of the Department of 
     Health and Human Services.
       (VIII) The Department of Agriculture.
       (IX) Any such other agencies as the President determines to 
     be substantially involved in the efforts of the Federal 
     Government to combat counterfeiting and infringement.

       (ii) The Register of Copyrights, or a senior representative 
     of the United States Copyright Office appointed by the 
     Register of Copyrights.
       (B) Functions.--The advisory committee established under 
     subparagraph (A) shall develop the Joint Strategic Plan 
     against counterfeiting and infringement under section 303.

     SEC. 302. DEFINITION.

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

     SEC. 303. JOINT STRATEGIC PLAN.

       (a) Purpose.--The objectives of the Joint Strategic Plan 
     against counterfeiting and infringement that is referred to 
     in section 301(b)(1)(B) (in this section referred to as the 
     ``joint strategic plan'') are the following:
       (1) Reducing counterfeit and infringing goods in the 
     domestic and international supply chain.
       (2) Identifying and addressing structural weaknesses, 
     systemic flaws, or other unjustified impediments to effective 
     enforcement action against the financing, production, 
     trafficking, or sale of counterfeit or infringing goods, 
     including identifying duplicative efforts to enforce, 
     investigate, and prosecute intellectual property crimes 
     across the Federal agencies and Departments that comprise the 
     Advisory Committee and recommending how such duplicative 
     efforts may be minimized. Such recommendations may include 
     recommendations on how to reduce duplication in personnel, 
     materials, technologies, and facilities utilized by the 
     agencies and Departments responsible for the enforcement, 
     investigation, or prosecution of intellectual property 
     crimes.
       (3) Ensuring that information is identified and shared 
     among the relevant departments and agencies, to the extent 
     permitted by law, including requirements relating to 
     confidentiality and privacy, and to the extent that such 
     sharing of information is consistent with Department of 
     Justice and other law enforcement protocols for handling such 
     information, to aid in the objective of arresting and 
     prosecuting individuals and entities that are knowingly 
     involved in the financing, production, trafficking, or sale 
     of counterfeit or infringing goods.
       (4) Disrupting and eliminating domestic and international 
     counterfeiting and infringement networks.
       (5) Strengthening the capacity of other countries to 
     protect and enforce intellectual property rights, and 
     reducing the number of countries that fail to enforce laws 
     preventing the financing, production, trafficking, and sale 
     of counterfeit and infringing goods.
       (6) Working with other countries to establish international 
     standards and policies for the effective protection and 
     enforcement of intellectual property rights.
       (7) Protecting intellectual property rights overseas by--
       (A) working with other countries and exchanging information 
     with appropriate law enforcement agencies in other countries 
     relating to individuals and entities involved in the 
     financing, production, trafficking, or sale of counterfeit 
     and infringing goods;
       (B) ensuring that the information referred to in 
     subparagraph (A) is provided to appropriate United States law 
     enforcement agencies in order to assist, as warranted, 
     enforcement activities in cooperation with appropriate law 
     enforcement agencies in other countries; and
       (C) building a formal process for consulting with 
     companies, industry associations, labor unions, and other 
     interested groups in other countries with respect to 
     intellectual property enforcement.
       (b) Timing.--Not later than 12 months after the date of the 
     enactment of this Act, and not later than December 31 of 
     every third year thereafter, the IPEC shall submit the joint 
     strategic plan to the Committee on the Judiciary and the 
     Committee on Appropriations of the Senate, and to the 
     Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives.
       (c) Responsibility of the IPEC.--During the development of 
     the joint strategic plan, the IPEC--
       (1) shall provide assistance to, and coordinate the 
     meetings and efforts of, the appropriate officers and 
     employees of departments and agencies represented on the 
     advisory committee appointed under section 301(b)(3) who are 
     involved in intellectual property enforcement; and
       (2) may consult with private sector experts in intellectual 
     property enforcement in furtherance of providing assistance 
     to the members of the advisory committee appointed under 
     section 301(b)(3).
       (d) Responsibilities of Other Departments and Agencies.--In 
     the development and implementation of the joint strategic 
     plan, the heads of the departments and agencies identified 
     under section 301(b)(3) shall--
       (1) designate personnel with expertise and experience in 
     intellectual property enforcement matters to work with the 
     IPEC and other members of the advisory committee; and
       (2) share relevant department or agency information with 
     the IPEC and other members of the advisory committee, 
     including statistical information on the enforcement 
     activities of the department or agency against counterfeiting 
     or infringement, and plans for addressing the joint strategic 
     plan, to the extent permitted by law, including requirements 
     relating to confidentiality and privacy, and to the extent 
     that such sharing of information is consistent with 
     Department of Justice and other law enforcement protocols for 
     handling such information.
       (e) Contents of the Joint Strategic Plan.--Each joint 
     strategic plan shall include the following:
       (1) A description of the priorities identified for carrying 
     out the objectives in the joint strategic plan, including 
     activities of the Federal Government relating to intellectual 
     property enforcement.
       (2) A description of the means to be employed to achieve 
     the priorities, including the means for improving the 
     efficiency and effectiveness of the Federal Government's 
     enforcement efforts against counterfeiting and infringement.
       (3) Estimates of the resources necessary to fulfill the 
     priorities identified under paragraph (1).
       (4) The performance measures to be used to monitor results 
     under the joint strategic plan during the following year.
       (5) An analysis of the threat posed by violations of 
     intellectual property rights, including the costs to the 
     economy of the United States resulting from violations of 
     intellectual property laws, and the threats to public health 
     and safety created by counterfeiting and infringement.
       (6) An identification of the departments and agencies that 
     will be involved in implementing each priority under 
     paragraph (1).

[[Page H10233]]

       (7) A strategy for ensuring coordination among the 
     departments and agencies identified under paragraph (6), 
     which will facilitate oversight by the executive branch of, 
     and accountability among, the departments and agencies 
     responsible for carrying out the strategy.
       (8) Such other information as is necessary to convey the 
     costs imposed on the United States economy by, and the 
     threats to public health and safety created by, 
     counterfeiting and infringement, and those steps that the 
     Federal Government intends to take over the period covered by 
     the succeeding joint strategic plan to reduce those costs and 
     counter those threats.
       (f) Enhancing Enforcement Efforts of Foreign Governments.--
     The joint strategic plan shall include programs to provide 
     training and technical assistance to foreign governments for 
     the purpose of enhancing the efforts of such governments to 
     enforce laws against counterfeiting and infringement. With 
     respect to such programs, the joint strategic plan shall--
       (1) seek to enhance the efficiency and consistency with 
     which Federal resources are expended, and seek to minimize 
     duplication, overlap, or inconsistency of efforts;
       (2) identify and give priority to those countries where 
     programs of training and technical assistance can be carried 
     out most effectively and with the greatest benefit to 
     reducing counterfeit and infringing products in the United 
     States market, to protecting the intellectual property rights 
     of United States persons and their licensees, and to 
     protecting the interests of United States persons otherwise 
     harmed by violations of intellectual property rights in those 
     countries;
       (3) in identifying the priorities under paragraph (2), be 
     guided by the list of countries identified by the United 
     States Trade Representative under section 182(a) of the Trade 
     Act of 1974 (19 U.S.C. 2242(a)); and
       (4) develop metrics to measure the effectiveness of the 
     Federal Government's efforts to improve the laws and 
     enforcement practices of foreign governments against 
     counterfeiting and infringement.
       (g) Dissemination of the Joint Strategic Plan.--The joint 
     strategic plan shall be posted for public access on the 
     website of the White House, and shall be disseminated to the 
     public through such other means as the IPEC may identify.

     SEC. 304. REPORTING.

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

     SEC. 305. SAVINGS AND REPEALS.

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

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

     SEC. 401. LOCAL LAW ENFORCEMENT GRANTS.

       (a) Authorization.--Section 2 of the Computer Crime 
     Enforcement Act (42 U.S.C. 3713) is amended--
       (1) in subsection (b), by inserting after ``computer 
     crime'' each place it appears the following: ``, including 
     infringement of copyrighted works over the Internet''; and
       (2) in subsection (e)(1), relating to authorization of 
     appropriations, by striking ``fiscal years 2001 through 
     2004'' and inserting ``fiscal years 2009 through 2013''.
       (b) Grants.--The Office of Justice Programs of the 
     Department of Justice may make grants to eligible State or 
     local law enforcement entities, including law enforcement 
     agencies of municipal governments and public educational 
     institutions, for training, prevention, enforcement, and 
     prosecution of intellectual property theft and infringement 
     crimes (in this subsection referred to as ``IP-TIC grants''), 
     in accordance with the following:
       (1) Use of ip-tic grant amounts.--IP-TIC grants may be used 
     to establish and develop programs to do the following with 
     respect to the enforcement of State and local true name and 
     address laws and State and local criminal laws on anti-
     infringement, anti-counterfeiting, and unlawful acts with 
     respect to goods by reason of their protection by a patent, 
     trademark, service mark, trade secret, or other intellectual 
     property right under State or Federal law:
       (A) Assist State and local law enforcement agencies in 
     enforcing those laws, including by reimbursing State and 
     local entities for expenses incurred in performing 
     enforcement operations, such as overtime payments and storage 
     fees for seized evidence.
       (B) Assist State and local law enforcement agencies in 
     educating the public to prevent, deter, and identify 
     violations of those laws.
       (C) Educate and train State and local law enforcement 
     officers and prosecutors to conduct investigations and 
     forensic analyses of evidence and prosecutions in matters 
     involving those laws.
       (D) Establish task forces that include personnel from State 
     or local law enforcement entities, or both, exclusively to 
     conduct investigations and forensic analyses of evidence and 
     prosecutions in matters involving those laws.
       (E) Assist State and local law enforcement officers and 
     prosecutors in acquiring computer and other equipment to 
     conduct investigations and forensic analyses of evidence in 
     matters involving those laws.
       (F) Facilitate and promote the sharing, with State and 
     local law enforcement officers and prosecutors, of the 
     expertise and information of Federal law enforcement agencies 
     about the investigation, analysis, and prosecution of matters 
     involving those laws and criminal infringement of copyrighted 
     works, including the use of multijurisdictional task forces.
       (2) Eligibility.--To be eligible to receive an IP-TIC 
     grant, a State or local government entity shall provide to 
     the Attorney General, in addition to the information 
     regularly required to be provided under the Financial Guide 
     issued by the Office of Justice Programs and any other 
     information required of Department of Justice's grantees--
       (A) assurances that the State in which the government 
     entity is located has in effect laws described in paragraph 
     (1);

[[Page H10234]]

       (B) an assessment of the resource needs of the State or 
     local government entity applying for the grant, including 
     information on the need for reimbursements of base salaries 
     and overtime costs, storage fees, and other expenditures to 
     improve the investigation, prevention, or enforcement of laws 
     described in paragraph (1); and
       (C) a plan for coordinating the programs funded under this 
     section with other federally funded technical assistance and 
     training programs, including directly funded local programs 
     such as the Edward Byrne Memorial Justice Assistance Grant 
     Program authorized by subpart 1 of part E of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3750 et seq.).
       (3) Matching funds.--The Federal share of an IP-TIC grant 
     may not exceed 50 percent of the costs of the program or 
     proposal funded by the IP-TIC grant.
       (4) Authorization of appropriations.--
       (A) Authorization.--There is authorized to be appropriated 
     to carry out this subsection the sum of $25,000,000 for each 
     of fiscal years 2009 through 2013.
       (B) Limitation.--Of the amount made available to carry out 
     this subsection in any fiscal year, not more than 3 percent 
     may be used by the Attorney General for salaries and 
     administrative expenses.

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

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

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

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

     SEC. 404. ANNUAL REPORTS.

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

       (I) the number of defendants involved in such prosecutions;
       (II) whether the prosecution resulted in a conviction; and
       (III) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and

       (D) a Department-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.

[[Page H10235]]

       (8) A summary of the efforts, activities, and resources 
     that the Department of Justice has taken to--
       (A) minimize duplicating the efforts, materials, 
     facilities, and procedures of any other Federal agency 
     responsible for the enforcement, investigation, or 
     prosecution of intellectual property crimes; and
       (B) enhance the efficiency and consistency with which 
     Federal funds and resources are expended to enforce, 
     investigate, or prosecute intellectual property crimes, 
     including the extent to which the Department has utilized 
     existing personnel, materials, technologies, and facilities.
       (b) Initial Report of the Attorney General.--The first 
     report required to be submitted by the Attorney General under 
     subsection (a) shall include a summary of the efforts, 
     activities, and resources the Department of Justice has 
     allocated in the 5 years prior to the date of enactment of 
     this Act, as well as the 1-year period following such date of 
     enactment, to the enforcement, investigation, and prosecution 
     of intellectual property crimes, including--
       (1) a review of the policies and efforts of the Department 
     of Justice related to the prevention and investigation of 
     intellectual property crimes, including efforts at the Office 
     of Justice Programs, the Criminal Division of the Department 
     of Justice, the Executive Office of United States Attorneys, 
     the Office of the Attorney General, the Office of the Deputy 
     Attorney General, the Office of Legal Policy, and any other 
     agency or bureau of the Department of Justice whose 
     activities relate to intellectual property;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Department of Justice with respect to intellectual 
     property crimes, including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and
       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Department-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.
       (c) Report of the FBI.--Not later than 1 year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Director of the Federal Bureau of Investigation shall 
     submit a report to Congress on actions taken to carry out 
     this title. The initial report required under this subsection 
     shall be submitted by May 1, 2009. All subsequent annual 
     reports shall be submitted by May 1st of each fiscal year 
     thereafter. The report required under this subsection may be 
     submitted as part of the annual performance report of the 
     Department of Justice, and shall include--
       (1) a review of the policies and efforts of the Bureau 
     related to the prevention and investigation of intellectual 
     property crimes;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Bureau with respect to intellectual property crimes, 
     including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and
       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Bureau-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.
       (d) Initial Report of the FBI.--The first report required 
     to be submitted by the Director of the Federal Bureau of 
     Investigation under subsection (c) shall include a summary of 
     the efforts, activities, and resources the Federal Bureau of 
     Investigation has allocated in the 5 years prior to the date 
     of enactment of this Act, as well as the 1-year period 
     following such date of enactment to the enforcement, 
     investigation, and prosecution of intellectual property 
     crimes, including--
       (1) a review of the policies and efforts of the Bureau 
     related to the prevention and investigation of intellectual 
     property crimes;
       (2) a summary of the overall successes and failures of such 
     policies and efforts;
       (3) a review of the investigative and prosecution activity 
     of the Bureau with respect to intellectual property crimes, 
     including--
       (A) the number of investigations initiated related to such 
     crimes;
       (B) the number of arrests related to such crimes; and
       (C) the number of prosecutions for such crimes, including--
       (i) the number of defendants involved in such prosecutions;
       (ii) whether the prosecution resulted in a conviction; and
       (iii) the sentence and the statutory maximum for such 
     crime, as well as the average sentence imposed for such 
     crime; and
       (4) a Bureau-wide assessment of the staff, financial 
     resources, and other resources (such as time, technology, and 
     training) devoted to the enforcement, investigation, and 
     prosecution of intellectual property crimes, including the 
     number of investigators, prosecutors, and forensic 
     specialists dedicated to investigating and prosecuting 
     intellectual property crimes.

                         TITLE V--MISCELLANEOUS

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

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

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

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

     SEC. 503. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States intellectual property industries have 
     created millions of high-skill, high-paying United States 
     jobs and pay billions of dollars in annual United States tax 
     revenues;
       (2) the United States intellectual property industries 
     continue to represent a major source of creativity and 
     innovation, business start-ups, skilled job creation, 
     exports, economic growth, and competitiveness;
       (3) counterfeiting and infringement results in billions of 
     dollars in lost revenue for United States companies each year 
     and even

[[Page H10236]]

     greater losses to the United States economy in terms of 
     reduced job growth, exports, and competitiveness;
       (4) the growing number of willful violations of existing 
     Federal criminal laws involving counterfeiting and 
     infringement by actors in the United States and, 
     increasingly, by foreign-based individuals and entities is a 
     serious threat to the long-term vitality of the United States 
     economy and the future competitiveness of United States 
     industry;
       (5) terrorists and organized crime utilize piracy, 
     counterfeiting, and infringement to fund some of their 
     activities;
       (6) effective criminal enforcement of the intellectual 
     property laws against violations in all categories of works 
     should be among the highest priorities of the Attorney 
     General;
       (7) with respect to all crimes related to the theft of 
     intellectual property, the Attorney General shall give 
     priority to cases with a nexus to terrorism and organized 
     crime; and
       (8) with respect to criminal counterfeiting and 
     infringement of computer software, including those by 
     foreign-owned or foreign-controlled entities, the Attorney 
     General should give priority to cases--
       (A) involving the willful theft of intellectual property 
     for purposes of commercial advantage or private financial 
     gain;
       (B) where the theft of intellectual property is central to 
     the sustainability and viability of the commercial activity 
     of the enterprise (or subsidiary) involved in the violation;
       (C) where the counterfeited or infringing goods or services 
     enables the enterprise to unfairly compete against the 
     legitimate rights holder; or
       (D) where there is actual knowledge of the theft of 
     intellectual property by the directors or officers of the 
     enterprise.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume
  S. 3325 is an important bill that provides resources and enhanced 
enforcement to combat intellectual property crimes.
  On May 8 of this year, the House passed H.R. 4279, the PRO-IP Act, by 
a vote of 410-11. The Senate has returned the bill and made 
modifications.
  I think this bill retains most of the most basic and fundamental 
reforms that we accomplished, including changes to civil and criminal 
IP laws that will afford rights holders more protection and the 
enhancements in penalties for IP violators who endanger public health 
and safety.
  I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I yield 5 minutes to my friend and 
colleague from North Carolina (Mr. Coble), a former chairman of the 
Intellectual Property Subcommittee of the Judiciary Committee and now 
the ranking member of that subcommittee.
  Mr. COBLE. Mr. Speaker, I thank the distinguished gentleman from 
Texas, and I doubt that I will use 5 minutes but I thank Mr. Smith.
  I rise, Mr. Speaker, in support of S. 3325.
  Every year our economy loses an excess of $200 billion to 
counterfeiting. This has directly impacted many American businesses and 
also cost our country countless jobs. Today, counterfeiting has grown 
into a global and illicit black market trade.
  S. 3325 will help our government address counterfeiting from two 
perspectives. First, from an organizational perspective, it creates an 
Intellectual Property Enforcement Coordinator in the Executive Office 
of the President to oversee interagency anticounterfeiting efforts. 
This person will be responsible for making intellectual property rights 
a priority for every arm of our government and ensuring that government 
works efficiently to unearth counterfeit goods and apprehend 
distributors.
  Second, from an enforcement perspective, it authorizes funding for 
State and local anticounterfeiting efforts and for the Justice 
Department to create and implement a long range anticounterfeiting 
enforcement plan and provides new resources for IP and computer-related 
criminal prosecutions and investigations by the Department of Justice 
and the FBI.
  The version of the PRO-IP bill that was written by the House 
Judiciary Committee and passed this body by an overwhelming bipartisan 
vote of 410-11 in May contained a number of new initiatives and 
authorities that I would have preferred to see included in this bill. 
That said, the glass is by no means half empty. Its enactment will help 
our law enforcement agencies better detect, prosecute, and deter 
counterfeiters.
  I cannot convey the full implications that counterfeit goods have had 
on my congressional district, which is home to the furniture capital of 
the world. We pride ourselves on workmanship and quality, but even the 
furniture market is vulnerable to knockoffs and counterfeits.
  The enactment of S. 3325 is an important step in our government 
improving our response to this illicit trade. I thank the distinguished 
gentleman from Texas, the ranking member; the distinguished gentleman 
from California (Mr. Berman), who chairs the subcommittee; and our 
chairman, the distinguished gentleman from Michigan, for all the work 
that they have devoted to this matter and for their tireless leadership 
in leading the fight against counterfeiting in the Congress for many 
years.
  I urge all Members to support S. 3325, and I thank the Speaker and I 
thank the gentleman from Texas.
  Mr. CONYERS. I yield Chairman Howard Berman from California as much 
time as he may consume.
  Mr. BERMAN. Mr. Speaker, I very much thank the chairman for yielding 
and for all the work that he has done to bring this bill to this point.
  I rise in support of S. 3325, which is the Senate's companion bill to 
the chairman's and a number of us, our bill, H.R. 4279, which passed 
the House overwhelmingly by a 410-11 vote on May 6, 2008. S. 3325, like 
H.R. 4279, makes necessary changes to our intellectual property laws, 
improves coordination of our intellectual property enforcement efforts, 
and devotes more resources to tackling the scourge of intellectual 
property crime.
  The proliferation of intellectual property crime has had a disastrous 
impact on our economy and on public health and safety. Counterfeit and 
pirated products may account for up to 10 percent of the world's trade, 
and a significant portion of these are American products. Conservative 
estimates indicate that U.S. business loses up to $250 billion a year--
I know these days $250 billion isn't that much, but it's a serious 
amount--due to intellectual property theft.
  This level of counterfeiting and piracy translates to job losses, 
lower tax receipts, and greater trade deficits. Public health and 
safety is threatened by inferior and dangerous knockoffs, such as 
exploding batteries, toxic pharmaceuticals, and sawdust brake pads.
  In response to the grave threat of intellectual property theft and 
the threat that poses to the U.S. economy and the health and safety of 
our citizens, the House passed the PRO-IP bill.
  The bill strengthened our civil and criminal laws in ways that attack 
the organizational structures intellectual property thieves use and 
that reduce the economic incentives thieves have to engage in 
commercial-scale counterfeiting and piracy. It devoted more resources 
to investigating and prosecuting intellectual property crimes and to 
working with other governments to improve intellectual property 
enforcement aboard.
  Following our lead, the Senate passed S. 3325, which provides many of 
the same reforms called for in H.R. 4279.
  I just want to close by thanking very much Chairman Conyers, his 
staff, the subcommittee staff for all the work they put into it, the 
minority staff, Mr. Coble, Mr. Smith, who is a great partnership, and 
for working to develop and pass this bill, and to thank Senator Leahy 
and his staff for their efforts and urge my colleagues to support this 
important legislation.
  Mr. SMITH of Texas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Utah (Mr. Cannon), a former chairman of the Commercial and 
Administrative Law Subcommittee and now the ranking member of that 
subcommittee.
  Mr. CANNON. Mr. Speaker, I thank the ranking member.

[[Page H10237]]

  I rise in opposition to this bill. A similar bill passed under 
suspension by about a vote of 410-11, and I was one of the people that 
voted for the bill at that time. The bill went over to the Senate. The 
Senate has amended the bill.
  The underlying bill I think is actually a very good bill. It's a very 
important bill. We need to do something with it. But the bill that has 
come back is dramatically different from the bill that went over to the 
Senate.
  My understanding is that the Senate has included in this bill the 
power for Federal law enforcement agencies to seize equipment that may 
be used in violation of the act. And what that means is, if you have 
got a kid who downloads music improperly, your computer may be seized. 
I'm not exactly sure what the scope of that seizure is, but that's in 
part because this is a gerrymandered piece of this bill that was added 
to an underlying bill that was coherent and integrated and would have 
worked very, very well.
  As it is, I have to rise in opposition to this, what I think of as an 
extraordinary assertion of Federal authority over what we do with our 
personal lives and our computers and our equipment.
  That is not to condone, by any stretch of the imagination, the 
improper use of copyrighting material, but to say, rather, that this 
bill, in its current form, has gone too far in that regard.
  And so I oppose the bill, and I ask that my colleagues take a look at 
it and consider it and consider opposing this bill, along with me, 
because of the overreach that has happened here.
  I might note this seems like this happened about 8 years ago where 
the Senate added a provision to one of the appropriations bills that 
would have allowed the recording industry to spike, that is, to put a 
virus on the computer of the user on which downloaded music resided.

                              {time}  1730

  That was inappropriate. We worked on this side to stop that, and I 
think we should stop that here with this bill now.
  Mr. CONYERS. Mr. Speaker, I yield as much time as she may consume to 
the chairwoman of the California delegation, Zoe Lofgren.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I rise in opposition to 
this bill.
  While we do need to focus our efforts to combat criminal activity 
related to intellectual property, the unbounded forfeiture provision in 
this bill isn't about going after criminals, it's about going after the 
Internet.
  The language in the House bill, the bill that we sent over, although 
problematic in some ways, at least had some measures to ensure that 
there was a meaningful connection between the property subject to 
seizure and the underlying offense. This bill, back from the Senate, 
strips away those assurances. It subjects to seizure ``any property 
used, or intended to be used, in any manner or part to commit or 
facilitate the commission of an offense.'' That unqualified language 
means that virtually anything through which Internet traffic passes is 
subject to seizure, no matter how incidental the connection to the 
offense or how innocent the owner.
  This provision shifts the liability for infringement--and thus 
responsibility from enforcement--onto innocent intermediaries, whether 
they are ISPs, businesses, schools, libraries, or consumers. We have 
seen this before this year and will likely see it again as time goes 
on. We saw the same type of provisions--although not as wildly 
extravagant--in the Higher Education Act, even after colleges told us 
it would divert resources from their primary mission of education. 
We're seeing it in the secret negotiations on the Anti-Counterfeiting 
Trade Agreement that apparently is going to, in some manner, require 
ISPs to police the conduct of their users, potentially in violation of 
their privacy rights.
  I understand why the content industry pushes for these measures. 
They're trying to protect an analog business model in the digital 
environment, and that's difficult and expensive; and treating one's 
customers like criminals is bad for PR. Accordingly, the content 
industry has every incentive to make others do the work for it.
  What I don't understand is why Congress goes along with these 
proposals. With each successive Congress, copyright law and policy 
becomes less of a balanced system of rights to promote creativity and 
innovation and more of a set of tools by which certain corporate 
interests protect themselves.
  In our unbridled zeal for IP enforcement and utter indifference to 
the rights of users and consumers, we are losing sight of the 
underlying principles of our copyright system. This bill takes us 
further away from those principles. And I would add that I can't think 
of a single other circumstance where civil libertarians would even 
consider the concept of seizing the property of innocent bystanders in 
any other legal scheme, whether it was fraud or any other matter. We 
wouldn't permit that, and we should not permit it in this case.
  I urge that we defeat this bill. And although there are some 
provisions in it that are meritorious, there is consensus for those, we 
can certainly adopt them next year. I urge defeat and yield back to the 
chairman with thanks.
  Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the principal purpose of S. 3325, the Prioritizing 
Resources and Organization for Intellectual Property Act of 2008, or 
PRO-IP Act, is to improve the government's response to the threats 
posed by counterfeiting and piracy.
  At the outset, I want to recognize Chairman Conyers, IP Subcommittee 
Chairman Berman, and IP Subcommittee Ranking Member Coble, each of whom 
helped to advance the House version of this legislation, H.R. 4279, 
which passed the House in May by an overwhelming vote of 410-11.
  I also want to say at this point that I happen to agree with the 
concerns expressed by the gentleman from North Carolina (Mr. Coble) and 
the gentlewoman from California (Ms. Zoe Lofgren). And while I agree 
with their concerns, particularly their objection to the provision that 
was changed by the other body, I am still going to support this 
legislation as it stands and hope to make a change in the future that 
will address their concerns.
  Over the past 25 years, perhaps no group of industries has been more 
responsible for the sustained growth in our economy than those who rely 
on strong patent, trademark and copyright protections. Today, our 
technology, entertainment, and productivity-based enterprises stand as 
pillars of our economic and export strength. They employ 18 million 
Americans and account for 40 percent of our economic growth.
  The successes of our IP rights-holders--family-owned small businesses 
and Fortune 500 companies alike--make them prime targets for 
international pirates and counterfeiters. According to the U.S. 
Department of Justice, this criminal activity costs U.S. citizens up to 
$250 billion every year, and has contributed to the loss of up to 
750,000 jobs.
  The PRO-IP Act is a measure that is designed to respond to these 
challenges. The bill contains provisions that; one, strengthen our laws 
against counterfeiting and piracy; two, provide new resources to key 
agencies involved in the enforcement of IP rights; and three, require a 
new and unprecedented level of coordination and leadership on IP 
enforcement issues from the White House.
  Mr. Speaker, while our government agencies are doing more today to 
protect IP than ever before, the reality is that we must do even more 
if we are to increase the cost of doing business for counterfeiters and 
traffickers, some of whom are connected to organized crime.
  With competing priorities and limited resources, our government 
agencies must work in a cooperative and coordinated fashion to leverage 
our IP enforcement efforts. By statutorily elevating these issues to 
the White House level and requiring the continuous and systematic 
development of an unprecedented national strategy to target IP theft, 
the PRO-IP Act represents an important first step towards ensuring our 
government agencies work efficiently and in concert to develop a joint 
response to this pervasive threat.
  Congress has a duty to ensure that IP enforcement is made a permanent 
priority of every administration. This

[[Page H10238]]

measure, while not containing all of the provisions that were in the 
House measure, is a first step towards achieving our goals.
  By supporting S. 3325, the House will send a clear message to the 
White House and future administrations that there is a bipartisan and 
bicameral commitment to the protection of our vital national and 
economic interests. So I urge my colleagues to support S. 3325.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support S. 
3325, the ``Prioritizing Resources and Organization for Intellectual 
Property (PRO-IP) Act of 2007.'' I was a co-sponsor of this legislation 
when it was introduced before the House as H.R. 4789, and I urge my 
colleagues to join me in voting in support of this legislation. I am 
confident that this bill can address and strengthen criminal and civil 
enforcement of United States intellectual property law.
  The purpose of the Senate bill is to strengthen criminal and civil 
enforcement of United States intellectual property law focusing, in 
particular, on copyright violations (piracy) and trademark violations 
(counterfeiting). In addition, the PRO-IP Act seeks to modernize and 
improve U.S. government efforts for coordination and enforcement of our 
nation's IP laws.
  The knowledge and innovation of American citizens contributes 
significantly to the economic strength of our nation. Intellectual 
property law provides the principle incentives that are calculated to 
lead to the creation and production of new works. This bill is needed 
because the effect of piracy and counterfeiting on the economy is 
devastating. Total global losses to United States companies from 
counterfeiting and copyright piracy amount to $250 billion per year. 
Every company in every industry is vulnerable.
  Because these illegal activities represent a growing public health, 
safety and law enforcement problem, S. 3325 provides additional 
targeted resources for investigation, enforcement and prosecution; 
requires the development and promulgation of a national Joint Strategic 
Plan to combat counterfeiting and piracy; and provides for enhanced 
Presidential level leadership and coordination among federal agencies 
involved with preserving and protecting intellectual property rights.
  Title I of S. 3325 provides enhancements to civil intellectual 
property laws. Specifically, Title I makes it clear that a certificate 
of registration will satisfy registration requirements regardless of 
whether there is any inaccurate information on the registration 
application, unless the inaccurate information was included with 
knowledge that it was inaccurate.
  Title I also broadens the civil remedies for infringement by 
broadening the scope of articles that may be ordered impounded by the 
court upon a finding that the article was made or used in violation of 
a copyright. This Title also directs the court to enter a protective 
order to ensure that confidential information is not improperly 
disclosed.
  Title II provides enhancements to criminal intellectual property laws 
by addressing repeat offender penalties for criminal acts contained 
within the criminal copyright statute. Title II clarifies that a repeat 
offender is a person that commits the same criminal act twice. The bill 
clarifies that any property subject to forfeiture must be owned or 
predominantly controlled by the violator in order to be seized and 
directs the United States Sentencing Commission to consider whether the 
sentencing guidelines should be expanded to include the export of 
infringing items. There are enhanced maximum statutory penalties for 
counterfeit offenses that endanger public health and safety.
  Title III of S. 3325 provides greater coordination and strategic 
planning of federal efforts against counterfeiting and piracy. 
Specifically, this Title establishes within the Executive Office of the 
President, the Office of the United States Intellectual Property 
Enforcement Representative and, within that Office, the United States 
Intellectual Property Enforcement Representative, appointed by the 
President of the United States. Lastly, Titles IV and V provide 
international enforcement, national, and local enforcement.
  While I supported the House version of the bill and I support this 
Senate version, I would like to consider ways to ensure diversity in 
the Computer Hacking and Intellectual Property (CHIPs) units that are 
established by this bill. I would like to work to ensure that 
minorities be represented in the hiring and that special recruitment 
initiatives be launched at historically black colleges and universities 
and other minority serving institutions. We should do all within our 
efforts to guarantee that minorities receive the necessary training and 
be recruited to help in the IP enforcement at the Executive, State, and 
local levels.
  Simply, Mr. Speaker, S. 3325 is a first step toward the promotion of 
the American economy. It ensures that American innovation will remain 
crucial to the United States economy and that American innovation will 
allow the United States to remain a global economic power. Indeed, this 
bill ensures that the United States IP laws are enforced and that the 
American intellectual property system remains one of the best in the 
world.
  I urge all members to support this much needed and thoughtful 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the Senate bill, S. 3325.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CONYERS. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________