110TH CONGRESS 

2D SESSION S. 3325 

AN ACT 

To enhance remedies for violations of intellectual property 

laws, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Prioritizing Resources and Organization for Intellectual 

4 Property Act of 2008’’. 

5 (b) TABLE OF CONTENTS.—The table of contents is 

6 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. 
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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. 

1 SEC. 2. REFERENCE. 

2 Any reference in this Act to the ‘‘Trademark Act of 

3 1946’’ refers to the Act entitled ‘‘An Act to provide for 

4 the registration of trademarks used in commerce, to carry 

5 out the provisions of certain international conventions, 

6 and for other purposes’’, approved July 5, 1946 (15 

7 U.S.C. 1051 et seq.). 

8 SEC. 3. DEFINITION. 

9 In this Act, the term ‘‘United States person’’ 

10 means— 

11 (1) any United States resident or national, 

12 (2) any domestic concern (including any perma13 nent domestic establishment of any foreign concern), 

14 and 

15 (3) any foreign subsidiary or affiliate (including 

16 any permanent foreign establishment) of any domes17 tic concern that is controlled in fact by such domes18 tic concern, 

19 except that such term does not include an individual who 

20 resides outside the United States and is employed by an 
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1 individual or entity other than an individual or entity de2 scribed in paragraph (1), (2), or (3). 

3 TITLE I—ENHANCEMENTS TO 

4 CIVIL INTELLECTUAL PROP5 ERTY LAWS 

6 SEC. 101. REGISTRATION OF CLAIM. 

7 (a) LIMITATION TO CIVIL ACTIONS; HARMLESS

8 ERROR.—Section 411 of title 17, United States Code, is 

9 amended— 

10 (1) in the section heading, by inserting ‘‘CIVIL’’ 

11 before ‘‘INFRINGEMENT’’; 

12 (2) in subsection (a)— 

13 (A) in the first sentence, by striking ‘‘no 

14 action’’ and inserting ‘‘no civil action’’; and 

15 (B) in the second sentence, by striking ‘‘an 

16 action’’ and inserting ‘‘a civil action’’; 

17 (3) by redesignating subsection (b) as sub18 section (c); 

19 (4) in subsection (c), as so redesignated by 

20 paragraph (3), by striking ‘‘506 and sections 509 

21 and’’ and inserting ‘‘505 and section’’; and 

22 (5) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b)(1) A certificate of registration satisfies the re25 quirements of this section and section 412, regardless of 
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1 whether the certificate contains any inaccurate informa2 tion, unless— 

3 ‘‘(A) the inaccurate information was included 

4 on the application for copyright registration with 

5 knowledge that it was inaccurate; and 

6 ‘‘(B) the inaccuracy of the information, if 

7 known, would have caused the Register of Copy8 rights to refuse registration. 

9 ‘‘(2) In any case in which inaccurate information de10 scribed under paragraph (1) is alleged, the court shall re11 quest the Register of Copyrights to advise the court 

12 whether the inaccurate information, if known, would have 

13 caused the Register of Copyrights to refuse registration. 

14 ‘‘(3) Nothing in this subsection shall affect any 

15 rights, obligations, or requirements of a person related to 

16 information contained in a registration certificate, except 

17 for the institution of and remedies in infringement actions 

18 under this section and section 412.’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) Section 412 of title 17, United States Code, 

21 is amended by striking ‘‘411(b)’’ and inserting 

22 ‘‘411(c)’’. 

23 (2) The item relating to section 411 in the table 

24 of sections for chapter 4 of title 17, United States 

25 Code, is amended to read as follows: 

‘‘Sec. 411. Registration and civil infringement actions.’’. 
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1 SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT. 

2 (a) IN GENERAL.—Section 503(a) of title 17, United 

3 States Code, is amended to read as follows: 

4 ‘‘(a)(1) At any time while an action under this title 

5 is pending, the court may order the impounding, on such 

6 terms as it may deem reasonable— 

7 ‘‘(A) of all copies or phonorecords claimed to 

8 have been made or used in violation of the exclusive 

9 right of the copyright owner; 

10 ‘‘(B) of all plates, molds, matrices, masters, 

11 tapes, film negatives, or other articles by means of 

12 which such copies of phonorecords may be repro13 duced; and 

14 ‘‘(C) of records documenting the manufacture, 

15 sale, or receipt of things involved in any such viola16 tion, provided that any records seized under this 

17 subparagraph shall be taken into the custody of the 

18 court. 

19 ‘‘(2) For impoundments of records ordered under 

20 paragraph (1)(C), the court shall enter an appropriate 

21 protective order with respect to discovery and use of any 

22 records or information that has been impounded. The pro23 tective order shall provide for appropriate procedures to 

24 ensure that confidential, private, proprietary, or privileged 

25 information contained in such records is not improperly 

26 disclosed or used. 
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1 ‘‘(3) The relevant provisions of paragraphs (2) 

2 through (11) of section 34(d) of the Trademark Act (15 

3 U.S.C. 1116(d)(2) through (11)) shall extend to any im4 poundment of records ordered under paragraph (1)(C) 

5 that is based upon an ex parte application, notwith6 standing the provisions of rule 65 of the Federal Rules 

7 of Civil Procedure. Any references in paragraphs (2) 

8 through (11) of section 34(d) of the Trademark Act to 

9 section 32 of such Act shall be read as references to sec10 tion 501 of this title, and references to use of a counterfeit 

11 mark in connection with the sale, offering for sale, or dis12 tribution of goods or services shall be read as references 

13 to infringement of a copyright.’’. 

14 (b) PROTECTIVE ORDER FOR SEIZED RECORDS.— 

15 Section 34(d)(7) of the Trademark Act (15 U.S.C. 

16 1116(d)(7)) is amended to read as follows: 

17 ‘‘(7) Any materials seized under this subsection 

18 shall be taken into the custody of the court. For sei19 zures made under this section, the court shall enter 

20 an appropriate protective order with respect to dis21 covery and use of any records or information that 

22 has been seized. The protective order shall provide 

23 for appropriate procedures to ensure that confiden24 tial, private, proprietary, or privileged information 
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1 contained in such records is not improperly disclosed 

2 or used.’’. 

3 SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES. 

4 Section 35(b) of the Trademark Act of 1946 (15 

5 U.S.C. 1117(b)) is amended to read as follows: 

6 ‘‘(b) In assessing damages under subsection (a) for 

7 any violation of section 32(1)(a) of this Act or section 

8 220506 of title 36, United States Code, in a case involving 

9 use of a counterfeit mark or designation (as defined in 

10 section 34(d) of this Act), the court shall, unless the court 

11 finds extenuating circumstances, enter judgment for three 

12 times such profits or damages, whichever amount is great13 er, together with a reasonable attorney’s fee, if the viola14 tion consists of— 

15 ‘‘(1) intentionally using a mark or designation, 

16 knowing such mark or designation is a counterfeit 

17 mark (as defined in section 34(d) of this Act), in 

18 connection with the sale, offering for sale, or dis19 tribution of goods or services; or 

20 ‘‘(2) providing goods or services necessary to 

21 the commission of a violation specified in paragraph 

22 (1), with the intent that the recipient of the goods 

23 or services would put the goods or services to use in 

24 committing the violation. 
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1 In such a case, the court may award prejudgment interest 

2 on such amount at an annual interest rate established 

3 under section 6621(a)(2) of the Internal Revenue Code of 

4 1986, beginning on the date of the service of the claim5 ant’s pleadings setting forth the claim for such entry of 

6 judgment and ending on the date such entry is made, or 

7 for such shorter time as the court considers appropriate.’’. 

8 SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING 

9 CASES. 

10 Section 35(c) of the Trademark Act of 1946 (15 

11 U.S.C. 1117) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘$500’’ and inserting 

14 ‘‘$1,000’’; and 

15 (B) by striking ‘‘$100,000’’ and inserting 

16 ‘‘$200,000’’; and 

17 (2) in paragraph (2), by striking ‘‘$1,000,000’’ 

18 and inserting ‘‘$2,000,000’’. 

19 SEC. 105. IMPORTATION AND EXPORTATION. 

20 (a) IN GENERAL.—The heading for chapter 6 of title 

21 17, United States Code, is amended to read as follows: 
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1 ‘‘CHAPTER 6—MANUFACTURING REQUIRE2 MENTS, IMPORTATION, AND EXPOR3 TATION’’. 

4 (b) AMENDMENT ON EXPORTATION.—Section 602(a) 

5 of title 17, United States Code, is amended— 

6 (1) by redesignating paragraphs (1) through 

7 (3) as subparagraphs (A) through (C), respectively, 

8 and moving such subparagraphs 2 ems to the right; 

9 (2) by striking ‘‘(a)’’ and inserting ‘‘(a) IN10 FRINGING IMPORTATION OR EXPORTATION.— 

11 ‘‘(1) IMPORTATION.—’’; 

12 (3) by striking ‘‘This subsection does not apply 

13 to—’’ and inserting the following: 

14 ‘‘(2) IMPORTATION OR EXPORTATION OF IN15 FRINGING ITEMS.—Importation into the United 

16 States or exportation from the United States, with17 out the authority of the owner of copyright under 

18 this title, of copies or phonorecords, the making of 

19 which either constituted an infringement of copy20 right, or which would have constituted an infringe21 ment of copyright if this title had been applicable, 

22 is an infringement of the exclusive right to distribute 

23 copies or phonorecords under section 106, actionable 

24 under sections 501 and 506. 
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1 ‘‘(3) EXCEPTIONS.—This subsection does not 

2 apply to—’’; 

3 (4) in paragraph (3)(A) (as redesignated by 

4 this subsection) by inserting ‘‘or exportation’’ after 

5 ‘‘importation’’; and 

6 (5) in paragraph (3)(B) (as redesignated by 

7 this subsection)— 

8 (A) by striking ‘‘importation, for the pri9 vate use of the importer’’ and inserting ‘‘impor10 tation or exportation, for the private use of the 

11 importer or exporter’’; and 

12 (B) by inserting ‘‘or departing from the 

13 United States’’ after ‘‘United States’’. 

14 (c) CONFORMING AMENDMENTS.—(1) Section 602 of 

15 title 17, United States Code, is further amended— 

16 (A) in the section heading, by inserting ‘‘or 

17 exportation’’ after ‘‘importation’’; and 

18 (B) in subsection (b)— 

19 (i) by striking ‘‘(b) In a case’’ and insert20 ing ‘‘(b) IMPORT PROHIBITION.—In a case’’; 

21 (ii) by striking ‘‘the United States Cus22 toms Service’’ and inserting ‘‘United States 

23 Customs and Border Protection’’; and 
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1 (iii) by striking ‘‘the Customs Service’’ and 

2 inserting ‘‘United States Customs and Border 

3 Protection’’. 

4 (2) Section 601(b)(2) of title 17, United States Code, 

5 is amended by striking ‘‘the United States Customs Serv6 ice’’ and inserting ‘‘United States Customs and Border 

7 Protection’’. 

8 (3) The item relating to chapter 6 in the table of 

9 chapters for title 17, United States Code, is amended to 

10 read as follows: 

‘‘6. MANUFACTURING REQUIREMENTS, IMPORTATION, AND

EXPORTATION ........ 601’’. 

11 TITLE II—ENHANCEMENTS TO 

12 CRIMINAL INTELLECTUAL 

13 PROPERTY LAWS 

14 SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT. 

15 (a) FORFEITURE AND DESTRUCTION; RESTITU16 TION.—Section 506(b) of title 17, United States Code, is 

17 amended to read as follows: 

18 ‘‘(b) FORFEITURE, DESTRUCTION, AND RESTITU19 TION.—Forfeiture, destruction, and restitution relating to 

20 this section shall be subject to section 2323 of title 18, 

21 to the extent provided in that section, in addition to any 

22 other similar remedies provided by law.’’. 

23 (b) SEIZURES AND FORFEITURES.— 
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1 (1) REPEAL.—Section 509 of title 17, United 

2 States Code, is repealed. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of sections for chapter 5 of title 

5 17, United States Code, is amended by striking the 

6 item relating to section 509. 

7 SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT 

8 LABELS, OR COUNTERFEIT DOCUMENTATION 

9 OR PACKAGING FOR WORKS THAT CAN BE 

10 COPYRIGHTED. 

11 Section 2318 of title 18, United States Code, is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) by redesignating subparagraphs (A) 

15 through (G) as clauses (i) through (vii), respec16 tively; 

17 (B) by redesignating paragraphs (1) and 

18 (2) as subparagraphs (A) and (B), respectively; 

19 and 

20 (C) by striking ‘‘Whoever’’ and inserting 

21 ‘‘(1) Whoever’’; 

22 (2) by amending subsection (d) to read as fol23 lows: 

24 ‘‘(d) FORFEITURE AND DESTRUCTION OF PROPERTY; 

25 RESTITUTION.—Forfeiture, destruction, and restitution 
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1 relating to this section shall be subject to section 2323, 

2 to the extent provided in that section, in addition to any 

3 other similar remedies provided by law.’’; and 

4 (3) by striking subsection (e) and redesignating 

5 subsection (f) as subsection (e). 

6 SEC. 203. UNAUTHORIZED FIXATION. 

7 (a) Section 2319A(b) of title 18, United States Code, 

8 is amended to read as follows: 

9 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; 

10 RESTITUTION.—Forfeiture, destruction, and restitution 

11 relating to this section shall be subject to section 2323, 

12 to the extent provided in that section, in addition to any 

13 other similar remedies provided by law.’’. 

14 (b) Section 2319A(c) of title 18, United States Code, 

15 is amended by striking the second sentence and inserting: 

16 ‘‘The Secretary of Homeland Security shall issue regula17 tions by which any performer may, upon payment of a 

18 specified fee, be entitled to notification by United States 

19 Customs and Border Protection of the importation of cop20 ies or phonorecords that appear to consist of unauthorized 

21 fixations of the sounds or sounds and images of a live mu22 sical performance.’’. 
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1 SEC. 204. UNAUTHORIZED RECORDING OF MOTION PIC2 TURES. 

3 Section 2319B(b) of title 18, United States Code, is 

4 amended to read as follows: 

5 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; 

6 RESTITUTION.—Forfeiture, destruction, and restitution 

7 relating to this section shall be subject to section 2323, 

8 to the extent provided in that section, in addition to any 

9 other similar remedies provided by law.’’. 

10 SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERV11 ICES. 

12 (a) IN GENERAL.—Section 2320 of title 18, United 

13 States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘WHOEVER’’ and inserting 

16 ‘‘OFFENSE.—’’ 

17 ‘‘(1) IN GENERAL.—Whoever;’’; 

18 (B) by moving the remaining text 2 ems to 

19 the right; and 

20 (C) by adding at the end the following: 

21 ‘‘(2) SERIOUS BODILY HARM OR DEATH.— 

22 ‘‘(A) SERIOUS BODILY HARM.—If the of23 fender knowingly or recklessly causes or at24 tempts to cause serious bodily injury from con25 duct in violation of paragraph (1), the penalty 
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1 shall be a fine under this title or imprisonment 

2 for not more than 20 years, or both. 

3 ‘‘(B) DEATH.—If the offender knowingly 

4 or recklessly causes or attempts to cause death 

5 from conduct in violation of paragraph (1), the 

6 penalty shall be a fine under this title or im7 prisonment for any term of years or for life, or 

8 both.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(h) TRANSSHIPMENT AND EXPORTATION.—No 

11 goods or services, the trafficking in of which is prohibited 

12 by this section, shall be transshipped through or exported 

13 from the United States. Any such transshipment or expor14 tation shall be deemed a violation of section 42 of an Act 

15 to provide for the registration of trademarks used in com16 merce, to carry out the provisions of certain international 

17 conventions, and for other purposes, approved July 5, 

18 1946 (commonly referred to as the ‘Trademark Act of 

19 1946’ or the ‘Lanham Act’).’’. 

20 (b) FORFEITURE AND DESTRUCTION OF PROPERTY; 

21 RESTITUTION.—Section 2320(b) of title 18, United States 

22 Code, is amended to read as follows: 

23 ‘‘(b) FORFEITURE AND DESTRUCTION OF PROPERTY; 

24 RESTITUTION.—Forfeiture, destruction, and restitution 

25 relating to this section shall be subject to section 2323, 
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1 to the extent provided in that section, in addition to any 

2 other similar remedies provided by law.’’. 

3 SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION. 

4 (a) IN GENERAL.—Chapter 113 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 2323. FORFEITURE, DESTRUCTION, AND RESTITU8 TION. 

9 ‘‘(a) CIVIL FORFEITURE.— 

10 ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.— 

11 The following property is subject to forfeiture to the 

12 United States Government: 

13 ‘‘(A) Any article, the making or trafficking 

14 of which is, prohibited under section 506 of title 

15 17, or section 2318, 2319, 2319A, 2319B, or 

16 2320, or chapter 90, of this title. 

17 ‘‘(B) Any property used, or intended to be 

18 used, in any manner or part to commit or facili19 tate the commission of an offense referred to in 

20 subparagraph (A). 

21 ‘‘(C) Any property constituting or derived 

22 from any proceeds obtained directly or indi23 rectly as a result of the commission of an of24 fense referred to in subparagraph (A). 
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1 ‘‘(2) PROCEDURES.—The provisions of chapter 

2 46 relating to civil forfeitures shall extend to any 

3 seizure or civil forfeiture under this section. For sei4 zures made under this section, the court shall enter 

5 an appropriate protective order with respect to dis6 covery and use of any records or information that 

7 has been seized. The protective order shall provide 

8 for appropriate procedures to ensure that confiden9 tial, private, proprietary, or privileged information 

10 contained in such records is not improperly disclosed 

11 or used. At the conclusion of the forfeiture pro12 ceedings, unless otherwise requested by an agency of 

13 the United States, the court shall order that any 

14 property forfeited under paragraph (1) be destroyed, 

15 or otherwise disposed of according to law. 

16 ‘‘(b) CRIMINAL FORFEITURE.— 

17 ‘‘(1) PROPERTY SUBJECT TO FORFEITURE.— 

18 The court, in imposing sentence on a person con19 victed of an offense under section 506 of title 17, or 

20 section 2318, 2319, 2319A, 2319B, or 2320, or 

21 chapter 90, of this title, shall order, in addition to 

22 any other sentence imposed, that the person forfeit 

23 to the United States Government any property sub24 ject to forfeiture under subsection (a) for that of25 fense. 
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1 ‘‘(2) PROCEDURES.— 

2 ‘‘(A) IN GENERAL.—The forfeiture of 

3 property under paragraph (1), including any 

4 seizure and disposition of the property and any 

5 related judicial or administrative proceeding, 

6 shall be governed by the procedures set forth in 

7 section 413 of the Comprehensive Drug Abuse 

8 Prevention and Control Act of 1970 (21 U.S.C. 

9 853), other than subsection (d) of that section. 

10 ‘‘(B) DESTRUCTION.—At the conclusion of 

11 the forfeiture proceedings, the court, unless oth12 erwise requested by an agency of the United 

13 States shall order that any— 

14 ‘‘(i) forfeited article or component of 

15 an article bearing or consisting of a coun16 terfeit mark be destroyed or otherwise dis17 posed of according to law; and 

18 ‘‘(ii) infringing items or other prop19 erty described in subsection (a)(1)(A) and 

20 forfeited under paragraph (1) of this sub21 section be destroyed or otherwise disposed 

22 of according to law. 

23 ‘‘(c) RESTITUTION.—When a person is convicted of 

24 an offense under section 506 of title 17 or section 2318, 

25 2319, 2319A, 2319B, or 2320, or chapter 90, of this title, 
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1 the court, pursuant to sections 3556, 3663A, and 3664 

2 of this title, shall order the person to pay restitution to 

3 any victim of the offense as an offense against property 

4 referred to in section 3663A(c)(1)(A)(ii) of this title.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of sections for chapter 113 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

‘‘Sec. 2323. Forfeiture, destruction, and restitution.’’. 

9 SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT. 

10 Section 1834 of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘SEC. 1834. CRIMINAL FORFEITURE. 

13 ‘‘Forfeiture, destruction, and restitution relating to 

14 this chapter shall be subject to section 2323, to the extent 

15 provided in that section, in addition to any other similar 

16 remedies provided by law.’’. 

17 SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT. 

18 Section 2319 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (b)(2)— 

21 (A) by inserting ‘‘is a felony and’’ after 

22 ‘‘offense’’ the first place such term appears; 

23 and 

24 (B) by striking ‘‘paragraph (1)’’ and in25 serting ‘‘subsection (a)’’; 
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1 (2) in subsection (c)(2)— 

2 (A) by inserting ‘‘is a felony and’’ after 

3 ‘‘offense’’ the first place such term appears; 

4 and 

5 (B) by striking ‘‘paragraph (1)’’ and in6 serting ‘‘subsection (a)’’; 

7 (3) in subsection (d)(3)— 

8 (A) by inserting ‘‘is a felony and’’ after 

9 ‘‘offense’’ the first place such term appears; 

10 and 

11 (B) by inserting ‘‘under subsection (a)’’ 

12 before the semicolon; and 

13 (4) in subsection (d)(4), by inserting ‘‘is a fel14 ony and’’ after ‘‘offense’’ the first place such term 

15 appears. 

16 SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS. 

17 (a) AMENDMENTS TO TITLE 17, UNITED STATES

18 CODE.— 

19 (1) Section 109 (b)(4) of title 17, United States 

20 Code, is amended by striking ‘‘505, and 509’’ and 

21 inserting ‘‘and 505’’. 

22 (2) Section 111 of title 17, United States Code, 

23 is amended— 

24 (A) in subsection (b), by striking ‘‘and 

25 509’’; 
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1 (B) in subsection (c)— 

2 (i) in paragraph (2), by striking ‘‘and 

3 509’’; 

4 (ii) in paragraph (3), by striking ‘‘sec5 tions 509 and 510’’ and inserting ‘‘section 

6 510’’; and 

7 (iii) in paragraph (4), by striking 

8 ‘‘and section 509’’; and 

9 (C) in subsection (e)— 

10 (i) in paragraph (1), by striking ‘‘sec11 tions 509 and 510’’ and inserting ‘‘section 

12 510’’; and 

13 (ii) in paragraph (2), by striking ‘‘and 

14 509’’. 

15 (3) Section 115(c) of title 17, United States 

16 Code, is amended— 

17 (A) in paragraph (3)(G)(i), by striking 

18 ‘‘and 509’’; and 

19 (B) in paragraph (6), by striking ‘‘and 

20 509’’. 

21 (4) Section 119(a) of title 17, United States 

22 Code, is amended— 

23 (A) in paragraph (6), by striking ‘‘sections 

24 509 and 510’’ and inserting ‘‘section 510’’; 
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1 (B) in paragraph (7)(A), by striking ‘‘and 

2 509’’; 

3 (C) in paragraph (8), by striking ‘‘and 

4 509’’; and 

5 (D) in paragraph (13), by striking ‘‘and 

6 509’’. 

7 (5) Section 122 of title 17, United States Code, 

8 is amended— 

9 (A) in subsection (d), by striking ‘‘and 

10 509’’; 

11 (B) in subsection (e), by striking ‘‘sections 

12 509 and 510’’ and inserting ‘‘section 510’’; and 

13 (C) in subsection (f)(1), by striking ‘‘and 

14 509’’. 

15 (6) Section 411(b) of title 17, United States 

16 Code, is amended by striking ‘‘sections 509 and 

17 510’’ and inserting ‘‘section 510’’. 

18 (b) OTHER AMENDMENTS.—Section 596(c)(2)(c) of 

19 the Tariff Act of 1950 (19 U.S.C. 1595a(c)(2)(c)) is 

20 amended by striking ‘‘or 509’’. 
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1 TITLE III—COORDINATION AND 

2 STRATEGIC PLANNING OF 

3 FEDERAL EFFORT AGAINST 

4 COUNTERFEITING AND IN5 FRINGEMENT 

6 SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COOR7 DINATOR. 

8 (a) INTELLECTUAL PROPERTY ENFORCEMENT CO9 ORDINATOR.—The President shall appoint, by and with 

10 the advice and consent of the Senate, an Intellectual Prop11 erty Enforcement Coordinator (in this title referred to as 

12 the ‘‘IPEC’’) to serve within the Executive Office of the 

13 President. As an exercise of the rulemaking power of the 

14 Senate, any nomination of the IPEC submitted to the Sen15 ate for confirmation, and referred to a committee, shall 

16 be referred to the Committee on the Judiciary. 

17 (b) DUTIES OF IPEC.— 

18 (1) IN GENERAL.—The IPEC shall— 

19 (A) chair the interagency intellectual prop20 erty enforcement advisory committee estab21 lished under subsection (b)(3)(A); 

22 (B) coordinate the development of the 

23 Joint Strategic Plan against counterfeiting and 

24 infringement by the advisory committee under 

25 section 303; 
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1 (C) assist, at the request of the depart2 ments and agencies listed in subsection 

3 (b)(3)(A), in the implementation of the Joint 

4 Strategic Plan; 

5 (D) facilitate the issuance of policy guid6 ance to departments and agencies on basic 

7 issues of policy and interpretation, to the extent 

8 necessary to assure the coordination of intellec9 tual property enforcement policy and consist10 ency with other law; 

11 (E) report to the President and report to 

12 Congress, to the extent consistent with law, re13 garding domestic and international intellectual 

14 property enforcement programs; 

15 (F) report to Congress, as provided in sec16 tion 304, on the implementation of the Joint 

17 Strategic Plan, and make recommendations, if 

18 any and as appropriate, to Congress for im19 provements in Federal intellectual property laws 

20 and enforcement efforts; and 

21 (G) carry out such other functions as the 

22 President may direct. 

23 (2) LIMITATION ON AUTHORITY.—The IPEC 

24 may not control or direct any law enforcement agen-
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1 cy, including the Department of Justice, in the exer2 cise of its investigative or prosecutorial authority. 

3 (3) ADVISORY COMMITTEE.— 

4 (A) ESTABLISHMENT.—There is estab5 lished an interagency intellectual property en6 forcement advisory committee composed of the 

7 IPEC, who shall chair the committee, and the 

8 following members: 

9 (i) Senate-confirmed representatives 

10 of the following departments and agencies 

11 who are involved in intellectual property 

12 enforcement, and who are, or are ap13 pointed by, the respective heads of those 

14 departments and agencies: 

15 (I) The Office of Management 

16 and Budget. 

17 (II) Relevant units within the 

18 Department of Justice, including the 

19 Federal Bureau of Investigation and 

20 the Criminal Division. 

21 (III) The United States Patent 

22 and Trademark Office and other rel23 evant units of the Department of 

24 Commerce. 
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1 (IV) The Office of the United 

2 States Trade Representative. 

3 (V) The Department of State, 

4 the United States Agency for Inter5 national Development, and the Bu6 reau of International Narcotics Law 

7 Enforcement. 

8 (VI) The Department of Home9 land Security, United States Customs 

10 and Border Protection, and United 

11 States Immigration and Customs En12 forcement. 

13 (VII) The Food and Drug Ad14 ministration of the Department of 

15 Health and Human Services. 

16 (VIII) The Department of Agri17 culture. 

18 (IX) Any such other agencies as 

19 the President determines to be sub20 stantially involved in the efforts of the 

21 Federal Government to combat coun22 terfeiting and infringement. 

23 (ii) The Register of Copyrights, or a 

24 senior representative of the United States 
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1 Copyright Office appointed by the Register 

2 of Copyrights. 

3 (B) FUNCTIONS.—The advisory committee 

4 established under subparagraph (A) shall de5 velop the Joint Strategic Plan against counter6 feiting and infringement under section 303. 

7 SEC. 302. DEFINITION. 

8 For purposes of this title, the term ‘‘intellectual prop9 erty enforcement’’ means matters relating to the enforce10 ment of laws protecting copyrights, patents, trademarks, 

11 other forms of intellectual property, and trade secrets, 

12 both in the United States and abroad, including in par13 ticular matters relating to combating counterfeit and in14 fringing goods. 

15 SEC. 303. JOINT STRATEGIC PLAN. 

16 (a) PURPOSE.—The objectives of the Joint Strategic 

17 Plan against counterfeiting and infringement that is re18 ferred to in section 301(b)(1)(B) (in this section referred 

19 to as the ‘‘joint strategic plan’’) are the following: 

20 (1) Reducing counterfeit and infringing goods 

21 in the domestic and international supply chain. 

22 (2) Identifying and addressing structural weak23 nesses, systemic flaws, or other unjustified impedi24 ments to effective enforcement action against the fi25 nancing, production, trafficking, or sale of counter-
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1 feit or infringing goods, including identifying dupli2 cative efforts to enforce, investigate, and prosecute 

3 intellectual property crimes across the Federal agen4 cies and Departments that comprise the Advisory 

5 Committee and recommending how such duplicative 

6 efforts may be minimized. Such recommendations 

7 may include recommendations on how to reduce du8 plication in personnel, materials, technologies, and 

9 facilities utilized by the agencies and Departments 

10 responsible for the enforcement, investigation, or 

11 prosecution of intellectual property crimes. 

12 (3) Ensuring that information is identified and 

13 shared among the relevant departments and agen14 cies, to the extent permitted by law, including re15 quirements relating to confidentiality and privacy, 

16 and to the extent that such sharing of information 

17 is consistent with Department of Justice and other 

18 law enforcement protocols for handling such infor19 mation, to aid in the objective of arresting and pros20 ecuting individuals and entities that are knowingly 

21 involved in the financing, production, trafficking, or 

22 sale of counterfeit or infringing goods. 

23 (4) Disrupting and eliminating domestic and 

24 international counterfeiting and infringement net25 works. 
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1 (5) Strengthening the capacity of other coun2 tries to protect and enforce intellectual property 

3 rights, and reducing the number of countries that 

4 fail to enforce laws preventing the financing, produc5 tion, trafficking, and sale of counterfeit and infring6 ing goods. 

7 (6) Working with other countries to establish 

8 international standards and policies for the effective 

9 protection and enforcement of intellectual property 

10 rights. 

11 (7) Protecting intellectual property rights over12 seas by— 

13 (A) working with other countries and ex14 changing information with appropriate law en15 forcement agencies in other countries relating 

16 to individuals and entities involved in the fi17 nancing, production, trafficking, or sale of 

18 counterfeit and infringing goods; 

19 (B) ensuring that the information referred 

20 to in subparagraph (A) is provided to appro21 priate United States law enforcement agencies 

22 in order to assist, as warranted, enforcement 

23 activities in cooperation with appropriate law 

24 enforcement agencies in other countries; and 
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1 (C) building a formal process for con2 sulting with companies, industry associations, 

3 labor unions, and other interested groups in 

4 other countries with respect to intellectual prop5 erty enforcement. 

6 (b) TIMING.—Not later than 12 months after the 

7 date of the enactment of this Act, and not later than De8 cember 31 of every third year thereafter, the IPEC shall 

9 submit the joint strategic plan to the Committee on the 

10 Judiciary and the Committee on Appropriations of the 

11 Senate, and to the Committee on the Judiciary and the 

12 Committee on Appropriations of the House of Representa13 tives. 

14 (c) RESPONSIBILITY OF THE IPEC.—During the de15 velopment of the joint strategic plan, the IPEC— 

16 (1) shall provide assistance to, and coordinate 

17 the meetings and efforts of, the appropriate officers 

18 and employees of departments and agencies rep19 resented on the advisory committee appointed under 

20 section 301(b)(3) who are involved in intellectual 

21 property enforcement; and 

22 (2) may consult with private sector experts in 

23 intellectual property enforcement in furtherance of 

24 providing assistance to the members of the advisory 

25 committee appointed under section 301(b)(3). 
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1 (d) RESPONSIBILITIES OF OTHER DEPARTMENTS

2 AND AGENCIES.—In the development and implementation 

3 of the joint strategic plan, the heads of the departments 

4 and agencies identified under section 301(b)(3) shall— 

5 (1) designate personnel with expertise and expe6 rience in intellectual property enforcement matters 

7 to work with the IPEC and other members of the 

8 advisory committee; and 

9 (2) share relevant department or agency infor10 mation with the IPEC and other members of the ad11 visory committee, including statistical information 

12 on the enforcement activities of the department or 

13 agency against counterfeiting or infringement, and 

14 plans for addressing the joint strategic plan, to the 

15 extent permitted by law, including requirements re16 lating to confidentiality and privacy, and to the ex17 tent that such sharing of information is consistent 

18 with Department of Justice and other law enforce19 ment protocols for handling such information. 

20 (e) CONTENTS OF THE JOINT STRATEGIC PLAN.— 

21 Each joint strategic plan shall include the following: 

22 (1) A description of the priorities identified for 

23 carrying out the objectives in the joint strategic 

24 plan, including activities of the Federal Government 

25 relating to intellectual property enforcement. 
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1 (2) A description of the means to be employed 

2 to achieve the priorities, including the means for im3 proving the efficiency and effectiveness of the Fed4 eral Government’s enforcement efforts against coun5 terfeiting and infringement. 

6 (3) Estimates of the resources necessary to ful7 fill the priorities identified under paragraph (1). 

8 (4) The performance measures to be used to 

9 monitor results under the joint strategic plan during 

10 the following year. 

11 (5) An analysis of the threat posed by violations 

12 of intellectual property rights, including the costs to 

13 the economy of the United States resulting from vio14 lations of intellectual property laws, and the threats 

15 to public health and safety created by counterfeiting 

16 and infringement. 

17 (6) An identification of the departments and 

18 agencies that will be involved in implementing each 

19 priority under paragraph (1). 

20 (7) A strategy for ensuring coordination among 

21 the departments and agencies identified under para22 graph (6), which will facilitate oversight by the exec23 utive branch of, and accountability among, the de24 partments and agencies responsible for carrying out 

25 the strategy. 
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1 (8) Such other information as is necessary to 

2 convey the costs imposed on the United States econ3 omy by, and the threats to public health and safety 

4 created by, counterfeiting and infringement, and 

5 those steps that the Federal Government intends to 

6 take over the period covered by the succeeding joint 

7 strategic plan to reduce those costs and counter 

8 those threats. 

9 (f) ENHANCING ENFORCEMENT EFFORTS OF FOR10 EIGN GOVERNMENTS.—The joint strategic plan shall in11 clude programs to provide training and technical assist12 ance to foreign governments for the purpose of enhancing 

13 the efforts of such governments to enforce laws against 

14 counterfeiting and infringement. With respect to such pro15 grams, the joint strategic plan shall— 

16 (1) seek to enhance the efficiency and consist17 ency with which Federal resources are expended, 

18 and seek to minimize duplication, overlap, or incon19 sistency of efforts; 

20 (2) identify and give priority to those countries 

21 where programs of training and technical assistance 

22 can be carried out most effectively and with the 

23 greatest benefit to reducing counterfeit and infring24 ing products in the United States market, to pro25 tecting the intellectual property rights of United 
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1 States persons and their licensees, and to protecting 

2 the interests of United States persons otherwise 

3 harmed by violations of intellectual property rights 

4 in those countries; 

5 (3) in identifying the priorities under paragraph 

6 (2), be guided by the list of countries identified by 

7 the United States Trade Representative under sec8 tion 182(a) of the Trade Act of 1974 (19 U.S.C. 

9 2242(a)); and 

10 (4) develop metrics to measure the effectiveness 

11 of the Federal Government’s efforts to improve the 

12 laws and enforcement practices of foreign govern13 ments against counterfeiting and infringement. 

14 (g) DISSEMINATION OF THE JOINT STRATEGIC

15 PLAN.—The joint strategic plan shall be posted for public 

16 access on the website of the White House, and shall be 

17 disseminated to the public through such other means as 

18 the IPEC may identify. 

19 SEC. 304. REPORTING. 

20 (a) ANNUAL REPORT.—Not later than December 31 

21 of each calendar year beginning in 2009, the IPEC shall 

22 submit a report on the activities of the advisory committee 

23 during the preceding fiscal year. The annual report shall 

24 be submitted to Congress, and disseminated to the people 
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1 of the United States, in the manner specified in sub2 sections (b) and (g) of section 303. 

3 (b) CONTENTS.—The report required by this section 

4 shall include the following: 

5 (1) The progress made on implementing the 

6 strategic plan and on the progress toward fulfillment 

7 of the priorities identified under section 303(e)(1). 

8 (2) The progress made in efforts to encourage 

9 Federal, State, and local government departments 

10 and agencies to accord higher priority to intellectual 

11 property enforcement. 

12 (3) The progress made in working with foreign 

13 countries to investigate, arrest, and prosecute enti14 ties and individuals involved in the financing, pro15 duction, trafficking, and sale of counterfeit and in16 fringing goods. 

17 (4) The manner in which the relevant depart18 ments and agencies are working together and shar19 ing information to strengthen intellectual property 

20 enforcement. 

21 (5) An assessment of the successes and short22 comings of the efforts of the Federal Government, 

23 including departments and agencies represented on 

24 the committee established under section 301(b)(3). 
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1 (6) Recommendations, if any and as appro2 priate, for any changes in enforcement statutes, reg3 ulations, or funding levels that the advisory com4 mittee considers would significantly improve the ef5 fectiveness or efficiency of the effort of the Federal 

6 Government to combat counterfeiting and infringe7 ment and otherwise strengthen intellectual property 

8 enforcement, including through the elimination or 

9 consolidation of duplicative programs or initiatives. 

10 (7) The progress made in strengthening the ca11 pacity of countries to protect and enforce intellectual 

12 property rights. 

13 (8) The successes and challenges in sharing 

14 with other countries information relating to intellec15 tual property enforcement. 

16 (9) The progress made under trade agreements 

17 and treaties to protect intellectual property rights of 

18 United States persons and their licensees. 

19 (10) The progress made in minimizing duplica20 tive efforts, materials, facilities, and procedures of 

21 the Federal agencies and Departments responsible 

22 for the enforcement, investigation, or prosecution of 

23 intellectual property crimes. 

24 (11) Recommendations, if any and as appro25 priate, on how to enhance the efficiency and consist-
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1 ency with which Federal funds and resources are ex2 pended to enforce, investigate, or prosecute intellec3 tual property crimes, including the extent to which 

4 the agencies and Departments responsible for the 

5 enforcement, investigation, or prosecution of intellec6 tual property crimes have utilized existing personnel, 

7 materials, technologies, and facilities. 

8 SEC. 305. SAVINGS AND REPEALS. 

9 (a) TRANSITION FROM NIPLECC TO IPEC.— 

10 (1) REPEAL OF NIPLECC.—Section 653 of the 

11 Treasury and General Government Appropriations 

12 Act, 2000 (15 U.S.C. 1128) is repealed effective 

13 upon confirmation of the IPEC by the Senate and 

14 publication of such appointment in the Congres15 sional Record. 

16 (2) CONTINUITY OF PERFORMANCE OF DU17 TIES.—Upon confirmation by the Senate, and not18 withstanding paragraph (1), the IPEC may use the 

19 services and personnel of the National Intellectual 

20 Property Law Enforcement Coordination Council, 

21 for such time as is reasonable, to perform any func22 tions or duties which in the discretion of the IPEC 

23 are necessary to facilitate the orderly transition of 

24 any functions or duties transferred from the Council 
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1 to the IPEC pursuant to any provision of this Act 

2 or any amendment made by this Act. 

3 (b) CURRENT AUTHORITIES NOT AFFECTED.—Ex4 cept as provided in subsection (a), nothing in this title 

5 shall alter the authority of any department or agency of 

6 the United States (including any independent agency) that 

7 relates to— 

8 (1) the investigation and prosecution of viola9 tions of laws that protect intellectual property 

10 rights; 

11 (2) the administrative enforcement, at the bor12 ders of the United States, of laws that protect intel13 lectual property rights; or 

14 (3) the United States trade agreements pro15 gram or international trade. 

16 (c) RULES OF CONSTRUCTION.—Nothing in this 

17 title— 

18 (1) shall derogate from the powers, duties, and 

19 functions of any of the agencies, departments, or 

20 other entities listed or included under section 

21 301(b)(3)(A); and 

22 (2) shall be construed to transfer authority re23 garding the control, use, or allocation of law enforce24 ment resources, or the initiation or prosecution of 
40 

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1 individual cases or types of cases, from the respon2 sible law enforcement department or agency. 

3 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated for each fiscal year such sums as may be necessary 

6 to carry out this title. 

7 TITLE IV—DEPARTMENT OF 

8 JUSTICE PROGRAMS 

9 SEC. 401. LOCAL LAW ENFORCEMENT GRANTS. 

10 (a) AUTHORIZATION.—Section 2 of the Computer 

11 Crime Enforcement Act (42 U.S.C. 3713) is amended— 

12 (1) in subsection (b), by inserting after ‘‘com13 puter crime’’ each place it appears the following: ‘‘, 

14 including infringement of copyrighted works over the 

15 Internet’’; and 

16 (2) in subsection (e)(1), relating to authoriza17 tion of appropriations, by striking ‘‘fiscal years 2001 

18 through 2004’’ and inserting ‘‘fiscal years 2009 

19 through 2013’’. 

20 (b) GRANTS.—The Office of Justice Programs of the 

21 Department of Justice may make grants to eligible State 

22 or local law enforcement entities, including law enforce23 ment agencies of municipal governments and public edu24 cational institutions, for training, prevention, enforce25 ment, and prosecution of intellectual property theft and 
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1 infringement crimes (in this subsection referred to as ‘‘IP– 

2 TIC grants’’), in accordance with the following: 

3 (1) USE OF IP–TIC GRANT AMOUNTS.—IP–TIC 

4 grants may be used to establish and develop pro5 grams to do the following with respect to the en6 forcement of State and local true name and address 

7 laws and State and local criminal laws on anti-in8 fringement, anti-counterfeiting, and unlawful acts 

9 with respect to goods by reason of their protection 

10 by a patent, trademark, service mark, trade secret, 

11 or other intellectual property right under State or 

12 Federal law: 

13 (A) Assist State and local law enforcement 

14 agencies in enforcing those laws, including by 

15 reimbursing State and local entities for ex16 penses incurred in performing enforcement op17 erations, such as overtime payments and stor18 age fees for seized evidence. 

19 (B) Assist State and local law enforcement 

20 agencies in educating the public to prevent, 

21 deter, and identify violations of those laws. 

22 (C) Educate and train State and local law 

23 enforcement officers and prosecutors to conduct 

24 investigations and forensic analyses of evidence 
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1 and prosecutions in matters involving those 

2 laws. 

3 (D) Establish task forces that include per4 sonnel from State or local law enforcement enti5 ties, or both, exclusively to conduct investiga6 tions and forensic analyses of evidence and 

7 prosecutions in matters involving those laws. 

8 (E) Assist State and local law enforcement 

9 officers and prosecutors in acquiring computer 

10 and other equipment to conduct investigations 

11 and forensic analyses of evidence in matters in12 volving those laws. 

13 (F) Facilitate and promote the sharing, 

14 with State and local law enforcement officers 

15 and prosecutors, of the expertise and informa16 tion of Federal law enforcement agencies about 

17 the investigation, analysis, and prosecution of 

18 matters involving those laws and criminal in19 fringement of copyrighted works, including the 

20 use of multijurisdictional task forces. 

21 (2) ELIGIBILITY.—To be eligible to receive an 

22 IP–TIC grant, a State or local government entity 

23 shall provide to the Attorney General, in addition to 

24 the information regularly required to be provided 

25 under the Financial Guide issued by the Office of 
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1 Justice Programs and any other information re2 quired of Department of Justice’s grantees— 

3 (A) assurances that the State in which the 

4 government entity is located has in effect laws 

5 described in paragraph (1); 

6 (B) an assessment of the resource needs of 

7 the State or local government entity applying 

8 for the grant, including information on the need 

9 for reimbursements of base salaries and over10 time costs, storage fees, and other expenditures 

11 to improve the investigation, prevention, or en12 forcement of laws described in paragraph (1); 

13 and 

14 (C) a plan for coordinating the programs 

15 funded under this section with other federally 

16 funded technical assistance and training pro17 grams, including directly funded local programs 

18 such as the Edward Byrne Memorial Justice 

19 Assistance Grant Program authorized by sub20 part 1 of part E of title I of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 

22 (42 U.S.C. 3750 et seq.). 

23 (3) MATCHING FUNDS.—The Federal share of 

24 an IP–TIC grant may not exceed 50 percent of the 
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1 costs of the program or proposal funded by the IP– 

2 TIC grant. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) AUTHORIZATION.—There is authorized 

5 to be appropriated to carry out this subsection 

6 the sum of $25,000,000 for each of fiscal years 

7 2009 through 2013. 

8 (B) LIMITATION.—Of the amount made 

9 available to carry out this subsection in any fis10 cal year, not more than 3 percent may be used 

11 by the Attorney General for salaries and admin12 istrative expenses. 

13 SEC. 402. IMPROVED INVESTIGATIVE AND FORENSIC RE14 SOURCES FOR ENFORCEMENT OF LAWS RE15 LATED TO INTELLECTUAL PROPERTY 

16 CRIMES. 

17 (a) IN GENERAL.—Subject to the availability of ap18 propriations to carry out this subsection, the Attorney 

19 General, in consultation with the Director of the Federal 

20 Bureau of Investigation, shall, with respect to crimes re21 lated to the theft of intellectual property— 

22 (1) ensure that there are at least 10 additional 

23 operational agents of the Federal Bureau of Inves24 tigation designated to support the Computer Crime 

25 and Intellectual Property Section of the Criminal 
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1 Division of the Department of Justice in the inves2 tigation and coordination of intellectual property 

3 crimes; 

4 (2) ensure that any Computer Hacking and In5 tellectual Property Crime Unit in the Department of 

6 Justice is supported by at least 1 agent of the Fed7 eral Bureau of Investigation (in addition to any 

8 agent supporting such unit as of the date of the en9 actment of this Act) to support such unit for the 

10 purpose of investigating or prosecuting intellectual 

11 property crimes; 

12 (3) ensure that all Computer Hacking and In13 tellectual Property Crime Units located at an office 

14 of a United States Attorney are assigned at least 2 

15 Assistant United States Attorneys responsible for in16 vestigating and prosecuting computer hacking or in17 tellectual property crimes; and 

18 (4) ensure the implementation of a regular and 

19 comprehensive training program— 

20 (A) the purpose of which is to train agents 

21 of the Federal Bureau of Investigation in the 

22 investigation and prosecution of such crimes 

23 and the enforcement of laws related to intellec24 tual property crimes; and 
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1 (B) that includes relevant forensic training 

2 related to investigating and prosecuting intellec3 tual property crimes. 

4 (b) ORGANIZED CRIME PLAN.—Subject to the avail5 ability of appropriations to carry out this subsection, and 

6 not later than 180 days after the date of the enactment 

7 of this Act, the Attorney General, through the United 

8 States Attorneys’ Offices, the Computer Crime and Intel9 lectual Property section, and the Organized Crime and 

10 Racketeering section of the Department of Justice, and 

11 in consultation with the Federal Bureau of Investigation 

12 and other Federal law enforcement agencies, such as the 

13 Department of Homeland Security, shall create and imple14 ment a comprehensive, long-range plan to investigate and 

15 prosecute international organized crime syndicates engag16 ing in or supporting crimes relating to the theft of intellec17 tual property. 

18 (c) AUTHORIZATION.—There are authorized to be ap19 propriated to carry out this section $10,000,000 for each 

20 of fiscal years 2009 through 2013. 

21 SEC. 403. ADDITIONAL FUNDING FOR RESOURCES TO IN22 VESTIGATE AND PROSECUTE INTELLECTUAL 

23 PROPERTY CRIMES AND OTHER CRIMINAL 

24 ACTIVITY INVOLVING COMPUTERS. 

25 (a) ADDITIONAL FUNDING FOR RESOURCES.— 
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1 (1) AUTHORIZATION.—In addition to amounts 

2 otherwise authorized for resources to investigate and 

3 prosecute intellectual property crimes and other 

4 criminal activity involving computers, there are au5 thorized to be appropriated for each of the fiscal 

6 years 2009 through 2013— 

7 (A) $10,000,000 to the Director of the 

8 Federal Bureau of Investigation; and 

9 (B) $10,000,000 to the Attorney General 

10 for the Criminal Division of the Department of 

11 Justice. 

12 (2) AVAILABILITY.—Any amounts appropriated 

13 under paragraph (1) shall remain available until ex14 pended. 

15 (b) USE OF ADDITIONAL FUNDING.—Funds made 

16 available under subsection (a) shall be used by the Direc17 tor of the Federal Bureau of Investigation and the Attor18 ney General, for the Federal Bureau of Investigation and 

19 the Criminal Division of the Department of Justice, re20 spectively, to— 

21 (1) hire and train law enforcement officers to— 

22 (A) investigate intellectual property crimes 

23 and other crimes committed through the use of 

24 computers and other information technology, in25 cluding through the use of the Internet; and 
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1 (B) assist in the prosecution of such 

2 crimes; and 

3 (2) enable relevant units of the Department of 

4 Justice, including units responsible for investigating 

5 computer hacking or intellectual property crimes, to 

6 procure advanced tools of forensic science and expert 

7 computer forensic assistance, including from non8 governmental entities, to investigate, prosecute, and 

9 study such crimes. 

10 SEC. 404. ANNUAL REPORTS. 

11 (a) REPORT OF THE ATTORNEY GENERAL.—Not 

12 later than 1 year after the date of the enactment of this 

13 Act, and annually thereafter, the Attorney General shall 

14 submit a report to Congress on actions taken to carry out 

15 this title. The initial report required under this subsection 

16 shall be submitted by May 1, 2009. All subsequent annual 

17 reports shall be submitted by May 1st of each fiscal year 

18 thereafter. The report required under this subsection may 

19 be submitted as part of the annual performance report of 

20 the Department of Justice, and shall include the following: 

21 (1) With respect to grants issued under section 

22 401, the number and identity of State and local law 

23 enforcement grant applicants, the number of grants 

24 issued, the dollar value of each grant, including a 

25 break down of such value showing how the recipient 
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1 used the funds, the specific purpose of each grant, 

2 and the reports from recipients of the grants on the 

3 efficacy of the program supported by the grant. The 

4 Department of Justice shall use the information pro5 vided by the grant recipients to produce a statement 

6 for each individual grant. Such statement shall state 

7 whether each grantee has accomplished the purposes 

8 of the grant as established in section 401(b). Those 

9 grantees not in compliance with the requirements of 

10 this title shall be subject, but not limited to, sanc11 tions as described in the Financial Guide issued by 

12 the Office of Justice Programs at the Department of 

13 Justice. 

14 (2) With respect to the additional agents of the 

15 Federal Bureau of Investigation authorized under 

16 paragraphs (1) and (2) of section 402(a), the num17 ber of investigations and actions in which such 

18 agents were engaged, the type of each action, the 

19 resolution of each action, and any penalties imposed 

20 in each action. 

21 (3) With respect to the training program au22 thorized under section 402(a)(4), the number of 

23 agents of the Federal Bureau of Investigation par24 ticipating in such program, the elements of the 
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1 training program, and the subject matters covered 

2 by the program. 

3 (4) With respect to the organized crime plan 

4 authorized under section 402(b), the number of or5 ganized crime investigations and prosecutions result6 ing from such plan. 

7 (5) With respect to the authorizations under 

8 section 403— 

9 (A) the number of law enforcement officers 

10 hired and the number trained; 

11 (B) the number and type of investigations 

12 and prosecutions resulting from the hiring and 

13 training of such law enforcement officers; 

14 (C) the defendants involved in any such 

15 prosecutions; 

16 (D) any penalties imposed in each such 

17 successful prosecution; 

18 (E) the advanced tools of forensic science 

19 procured to investigate, prosecute, and study 

20 computer hacking or intellectual property 

21 crimes; and 

22 (F) the number and type of investigations 

23 and prosecutions in such tools were used. 

24 (6) Any other information that the Attorney 

25 General may consider relevant to inform Congress 
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1 on the effective use of the resources authorized 

2 under sections 401, 402, and 403. 

3 (7) A summary of the efforts, activities, and re4 sources the Department of Justice has allocated to 

5 the enforcement, investigation, and prosecution of 

6 intellectual property crimes, including— 

7 (A) a review of the policies and efforts of 

8 the Department of Justice related to the pre9 vention and investigation of intellectual prop10 erty crimes, including efforts at the Office of 

11 Justice Programs, the Criminal Division of the 

12 Department of Justice, the Executive Office of 

13 United States Attorneys, the Office of the At14 torney General, the Office of the Deputy Attor15 ney General, the Office of Legal Policy, and any 

16 other agency or bureau of the Department of 

17 Justice whose activities relate to intellectual 

18 property; 

19 (B) a summary of the overall successes 

20 and failures of such policies and efforts; 

21 (C) a review of the investigative and pros22 ecution activity of the Department of Justice 

23 with respect to intellectual property crimes, in24 cluding— 
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1 (i) the number of investigations initi2 ated related to such crimes; 

3 (ii) the number of arrests related to 

4 such crimes; and 

5 (iii) the number of prosecutions for 

6 such crimes, including— 

7 (I) the number of defendants in8 volved in such prosecutions; 

9 (II) whether the prosecution re10 sulted in a conviction; and 

11 (III) the sentence and the statu12 tory maximum for such crime, as well 

13 as the average sentence imposed for 

14 such crime; and 

15 (D) a Department-wide assessment of the 

16 staff, financial resources, and other resources 

17 (such as time, technology, and training) devoted 

18 to the enforcement, investigation, and prosecu19 tion of intellectual property crimes, including 

20 the number of investigators, prosecutors, and 

21 forensic specialists dedicated to investigating 

22 and prosecuting intellectual property crimes. 

23 (8) A summary of the efforts, activities, and re24 sources that the Department of Justice has taken 

25 to— 
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1 (A) minimize duplicating the efforts, mate2 rials, facilities, and procedures of any other 

3 Federal agency responsible for the enforcement, 

4 investigation, or prosecution of intellectual 

5 property crimes; and 

6 (B) enhance the efficiency and consistency 

7 with which Federal funds and resources are ex8 pended to enforce, investigate, or prosecute in9 tellectual property crimes, including the extent 

10 to which the Department has utilized existing 

11 personnel, materials, technologies, and facilities. 

12 (b) INITIAL REPORT OF THE ATTORNEY GEN13 ERAL.—The first report required to be submitted by the 

14 Attorney General under subsection (a) shall include a 

15 summary of the efforts, activities, and resources the De16 partment of Justice has allocated in the 5 years prior to 

17 the date of enactment of this Act, as well as the 1-year 

18 period following such date of enactment, to the enforce19 ment, investigation, and prosecution of intellectual prop20 erty crimes, including— 

21 (1) a review of the policies and efforts of the 

22 Department of Justice related to the prevention and 

23 investigation of intellectual property crimes, includ24 ing efforts at the Office of Justice Programs, the 

25 Criminal Division of the Department of Justice, the 
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1 Executive Office of United States Attorneys, the Of2 fice of the Attorney General, the Office of the Dep3 uty Attorney General, the Office of Legal Policy, 

4 and any other agency or bureau of the Department 

5 of Justice whose activities relate to intellectual prop6 erty; 

7 (2) a summary of the overall successes and fail8 ures of such policies and efforts; 

9 (3) a review of the investigative and prosecution 

10 activity of the Department of Justice with respect to 

11 intellectual property crimes, including— 

12 (A) the number of investigations initiated 

13 related to such crimes; 

14 (B) the number of arrests related to such 

15 crimes; and 

16 (C) the number of prosecutions for such 

17 crimes, including— 

18 (i) the number of defendants involved 

19 in such prosecutions; 

20 (ii) whether the prosecution resulted 

21 in a conviction; and 

22 (iii) the sentence and the statutory 

23 maximum for such crime, as well as the 

24 average sentence imposed for such crime; 

25 and 
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1 (4) a Department-wide assessment of the staff, 

2 financial resources, and other resources (such as 

3 time, technology, and training) devoted to the en4 forcement, investigation, and prosecution of intellec5 tual property crimes, including the number of inves6 tigators, prosecutors, and forensic specialists dedi7 cated to investigating and prosecuting intellectual 

8 property crimes. 

9 (c) REPORT OF THE FBI.—Not later than 1 year 

10 after the date of the enactment of this Act, and annually 

11 thereafter, the Director of the Federal Bureau of Inves12 tigation shall submit a report to Congress on actions taken 

13 to carry out this title. The initial report required under 

14 this subsection shall be submitted by May 1, 2009. All 

15 subsequent annual reports shall be submitted by May 1st 

16 of each fiscal year thereafter. The report required under 

17 this subsection may be submitted as part of the annual 

18 performance report of the Department of Justice, and 

19 shall include— 

20 (1) a review of the policies and efforts of the 

21 Bureau related to the prevention and investigation 

22 of intellectual property crimes; 

23 (2) a summary of the overall successes and fail24 ures of such policies and efforts; 
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1 (3) a review of the investigative and prosecution 

2 activity of the Bureau with respect to intellectual 

3 property crimes, including— 

4 (A) the number of investigations initiated 

5 related to such crimes; 

6 (B) the number of arrests related to such 

7 crimes; and 

8 (C) the number of prosecutions for such 

9 crimes, including— 

10 (i) the number of defendants involved 

11 in such prosecutions; 

12 (ii) whether the prosecution resulted 

13 in a conviction; and 

14 (iii) the sentence and the statutory 

15 maximum for such crime, as well as the 

16 average sentence imposed for such crime; 

17 and 

18 (4) a Bureau-wide assessment of the staff, fi19 nancial resources, and other resources (such as time, 

20 technology, and training) devoted to the enforce21 ment, investigation, and prosecution of intellectual 

22 property crimes, including the number of investiga23 tors, prosecutors, and forensic specialists dedicated 

24 to investigating and prosecuting intellectual property 

25 crimes. 
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1 (d) INITIAL REPORT OF THE FBI.—The first report 

2 required to be submitted by the Director of the Federal 

3 Bureau of Investigation under subsection (c) shall include 

4 a summary of the efforts, activities, and resources the 

5 Federal Bureau of Investigation has allocated in the 5 

6 years prior to the date of enactment of this Act, as well 

7 as the 1-year period following such date of enactment to 

8 the enforcement, investigation, and prosecution of intellec9 tual property crimes, including— 

10 (1) a review of the policies and efforts of the 

11 Bureau related to the prevention and investigation 

12 of intellectual property crimes; 

13 (2) a summary of the overall successes and fail14 ures of such policies and efforts; 

15 (3) a review of the investigative and prosecution 

16 activity of the Bureau with respect to intellectual 

17 property crimes, including— 

18 (A) the number of investigations initiated 

19 related to such crimes; 

20 (B) the number of arrests related to such 

21 crimes; and 

22 (C) the number of prosecutions for such 

23 crimes, including— 

24 (i) the number of defendants involved 

25 in such prosecutions; 
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1 (ii) whether the prosecution resulted 

2 in a conviction; and 

3 (iii) the sentence and the statutory 

4 maximum for such crime, as well as the 

5 average sentence imposed for such crime; 

6 and 

7 (4) a Bureau-wide assessment of the staff, fi8 nancial resources, and other resources (such as time, 

9 technology, and training) devoted to the enforce10 ment, investigation, and prosecution of intellectual 

11 property crimes, including the number of investiga12 tors, prosecutors, and forensic specialists dedicated 

13 to investigating and prosecuting intellectual property 

14 crimes. 

15 TITLE V—MISCELLANEOUS 

16 SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL 

17 PROPERTY OF MANUFACTURERS. 

18 (a) STUDY.—The Comptroller General of the United 

19 States shall conduct a study to help determine how the 

20 Federal Government could better protect the intellectual 

21 property of manufacturers by quantification of the im22 pacts of imported and domestic counterfeit goods on— 

23 (1) the manufacturing industry in the United 

24 States; and 

25 (2) the overall economy of the United States. 
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1 (b) CONTENTS.—In conducting the study required 

2 under subsection (a), the Comptroller General shall exam3 ine— 

4 (1) the extent that counterfeit manufactured 

5 goods are actively being trafficked in and imported 

6 into the United States; 

7 (2) the impacts on domestic manufacturers in 

8 the United States of current law regarding defend9 ing intellectual property, including patent, trade10 mark, and copyright protections; 

11 (3) the nature and scope of current statutory 

12 law and case law regarding protecting trade dress 

13 from being illegally copied; 

14 (4) the extent which such laws are being used 

15 to investigate and prosecute acts of trafficking in 

16 counterfeit manufactured goods; 

17 (5) any effective practices or procedures that 

18 are protecting all types of intellectual property; and 

19 (6) any changes to current statutes or rules 

20 that would need to be implemented to more effec21 tively protect the intellectual property rights of man22 ufacturers. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of the enactment of this Act, the Comptroller General shall 
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1 submit to Congress a report on the results of the study 

2 required under subsection (a). 

3 SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION 

4 AND EFFICIENCY. 

5 Not later than 2 years after the date of enactment 

6 of this Act, the Comptroller General shall conduct an audit 

7 and submit a report to the Committee on the Judiciary 

8 of the Senate and to the Committee on the Judiciary of 

9 the House of Representatives on— 

10 (1) the efforts, activities, and actions of the In11 tellectual Property Enforcement Coordinator and the 

12 Attorney General in achieving the goals and pur13 poses of this Act, as well as in carrying out any re14 sponsibilities or duties assigned to each such indi15 vidual or agency under this Act; 

16 (2) any possible legislative, administrative, or 

17 regulatory changes that Comptroller General rec18 ommends be taken by or on behalf of the Intellectual 

19 Property Enforcement Coordinator or the Attorney 

20 General to better achieve such goals and purposes, 

21 and to more effectively carry out such responsibil22 ities and duties; 

23 (3) the effectiveness of any actions taken and 

24 efforts made by the Intellectual Property Enforce25 ment Coordinator and the Attorney General to— 
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1 (A) minimize duplicating the efforts, mate2 rials, facilities, and procedures of any other 

3 Federal agency responsible for the enforcement, 

4 investigation, or prosecution of intellectual 

5 property crimes; and 

6 (B) enhance the efficiency and consistency 

7 with which Federal funds and resources are ex8 pended to enforce, investigate, or prosecute in9 tellectual property crimes, including whether 

10 the IPEC has utilized existing personnel, mate11 rials, technologies, and facilities, such as the 

12 National Intellectual Property Rights Coordina13 tion Center established at the Department of 

14 Homeland Security; and 

15 (4) any actions or efforts that the Comptroller 

16 General recommends be taken by or on behalf of the 

17 Intellectual Property Enforcement Coordinator and 

18 the Attorney General to reduce duplication of efforts 

19 and increase the efficiency and consistency with 

20 which Federal funds and resources are expended to 

21 enforce, investigate, or prosecute intellectual prop22 erty crimes. 

23 SEC. 503. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 
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1 (1) the United States intellectual property in2 dustries have created millions of high-skill, high-pay3 ing United States jobs and pay billions of dollars in 

4 annual United States tax revenues; 

5 (2) the United States intellectual property in6 dustries continue to represent a major source of cre7 ativity and innovation, business start-ups, skilled job 

8 creation, exports, economic growth, and competitive9 ness; 

10 (3) counterfeiting and infringement results in 

11 billions of dollars in lost revenue for United States 

12 companies each year and even greater losses to the 

13 United States economy in terms of reduced job 

14 growth, exports, and competitiveness; 

15 (4) the growing number of willful violations of 

16 existing Federal criminal laws involving counter17 feiting and infringement by actors in the United 

18 States and, increasingly, by foreign-based individuals 

19 and entities is a serious threat to the long-term vi20 tality of the United States economy and the future 

21 competitiveness of United States industry; 

22 (5) terrorists and organized crime utilize piracy, 

23 counterfeiting, and infringement to fund some of 

24 their activities; 
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1 (6) effective criminal enforcement of the intel2 lectual property laws against violations in all cat3 egories of works should be among the highest prior4 ities of the Attorney General; 

5 (7) with respect to all crimes related to the 

6 theft of intellectual property, the Attorney General 

7 shall give priority to cases with a nexus to terrorism 

8 and organized crime; and 

9 (8) with respect to criminal counterfeiting and 

10 infringement of computer software, including those 

11 by foreign-owned or foreign-controlled entities, the 

12 Attorney General should give priority to cases— 

13 (A) involving the willful theft of intellectual 

14 property for purposes of commercial advantage 

15 or private financial gain; 

16 (B) where the theft of intellectual property 

17 is central to the sustainability and viability of 

18 the commercial activity of the enterprise (or 

19 subsidiary) involved in the violation; 

20 (C) where the counterfeited or infringing 

21 goods or services enables the enterprise to un22 fairly compete against the legitimate rights 

23 holder; or 
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1 (D) where there is actual knowledge of the 

2 theft of intellectual property by the directors or 

3 officers of the enterprise. 

Passed the Senate September 26 (legislative day, 

September 17), 2008. 

Attest: 

Secretary. 

110TH CONGRESS 

2D SESSION S. 3325 

AN ACT 

To enhance remedies for violations of intellectual 

property laws, and for other purposes.