II 

110TH CONGRESS 

2D SESSION S. 3325 

To enhance remedies for violations of intellectual property laws, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24 (legislative day, JULY 23), 2008 

Mr. LEAHY (for himself, Mr. SPECTER, Mr. BAYH, Mr. VOINOVICH, Mrs. 

FEINSTEIN, and Mr. CORNYN) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To enhance remedies for violations of intellectual property 

laws, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Enforcement of Intellectual Property Rights Act of 

6 2008’’. 

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

8 as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Reference. 

Sec. 3. Definition. 


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TITLE I—AUTHORIZATION OF CIVIL COPYRIGHT ENFORCEMENT 

BY ATTORNEY GENERAL 

Sec. 101. Civil penalties for certain violations. 

TITLE II—ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY 

LAWS 

Sec. 201. Registration of claim. 

Sec. 202. Civil remedies for infringement. 

Sec. 203. Treble damages in counterfeiting cases. 

Sec. 204. Statutory damages in counterfeiting cases. 

Sec. 205. Transshipment and exportation of goods bearing infringing marks. 

Sec. 206. Importation, transshipment, and exportation. 

TITLE III—ENHANCEMENTS TO CRIMINAL INTELLECTUAL 

PROPERTY LAWS 

Sec. 301. Criminal copyright infringement. 

Sec. 302. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging for works that can be copyrighted. 

Sec. 303. Unauthorized fixation. 

Sec. 304. Unauthorized recording of motion pictures. 

Sec. 305. Trafficking in counterfeit goods or services. 

Sec. 306. Forfeiture, destruction, and restitution. 

Sec. 307. Forfeiture under Economic Espionage Act. 

Sec. 308. Technical and conforming amendments. 

TITLE IV—COORDINATION AND STRATEGIC PLANNING OF 

FEDERAL EFFORT AGAINST COUNTERFEITING AND PIRACY 

Sec. 401. Intellectual property enforcement coordinator. 

Sec. 402. Definition. 

Sec. 403. Joint strategic plan. 

Sec. 404. Reporting. 

Sec. 405. Savings and repeals. 

Sec. 406. Authorization of appropriations. 

TITLE V—DEPARTMENT OF JUSTICE PROGRAMS 

Sec. 501. Local law enforcement grants. 

Sec. 502. Improved investigative and forensic resources for enforcement of laws 

related to intellectual property crimes. 

Sec. 503. Additional funding for resources to investigate and prosecute criminal 

activity involving computers. 

Sec. 504. International intellectual property law enforcement coordinators. 

Sec. 505. Annual reports. 

Sec. 506. Authorization of appropriations. 

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 


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1 out the provisions of certain international conventions, 

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

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

4 SEC. 3. DEFINITION. 

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

6 means— 

7 (1) any United States resident or national, 

8 (2) any domestic concern (including any perma9 nent domestic establishment of any foreign concern), 

10 and 

11 (3) any foreign subsidiary or affiliate (including 

12 any permanent foreign establishment) of any domes13 tic concern that is controlled in fact by such domes14 tic concern, 

15 except that such term does not include an individual who 

16 resides outside the United States and is employed by an 

17 individual or entity other than an individual or entity de18 scribed in paragraph (1), (2), or (3). 


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1 TITLE I—AUTHORIZATION OF 

2 CIVIL COPYRIGHT ENFORCE3 MENT BY ATTORNEY GEN4 ERAL 

5 SEC. 101. CIVIL PENALTIES FOR CERTAIN VIOLATIONS. 

6 (a) IN GENERAL.—Chapter 5 of title 17, United 

7 States Code, is amended by inserting after section 506 the 

8 following: 

9 ‘‘SEC. 506a. CIVIL PENALTIES FOR VIOLATIONS OF SECTION 

10 506. 

11 ‘‘(a) IN GENERAL.—In lieu of a criminal action under 

12 section 506, the Attorney General may commence a civil 

13 action in the appropriate United States district court 

14 against any person who engages in conduct constituting 

15 an offense under section 506. Upon proof of such conduct 

16 by a preponderance of the evidence, such person shall be 

17 subject to a civil penalty under section 504 which shall 

18 be in an amount equal to the amount which would be 

19 awarded under section 3663(a)(1)(B) of title 18 and res20 titution to the copyright owner aggrieved by the conduct. 

21 ‘‘(b) OTHER REMEDIES.— 

22 ‘‘(1) IN GENERAL.—Imposition of a civil pen23 alty under this section does not preclude any other 

24 criminal or civil statutory, injunctive, common law, 


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1 or administrative remedy, which is available by law 

2 to the United States or any other person. 

3 ‘‘(2) OFFSET.—Any restitution received by a 

4 copyright owner as a result of a civil action brought 

5 under this section shall be offset against any award 

6 of damages in a subsequent copyright infringement 

7 civil action by that copyright owner for the conduct 

8 that gave rise to the civil action brought under this 

9 section.’’. 

10 (b) DAMAGES AND PROFITS.—Section 504 of title 17, 

11 United States Code, is amended— 

12 (1) in subsection (b)— 

13 (A) in the first sentence— 

14 (i) by inserting ‘‘, or the Attorney 

15 General in a civil action,’’ after ‘‘The copy16 right owner’’; and 

17 (ii) by striking ‘‘him or her’’ and in18 serting ‘‘the copyright owner’’; and 

19 (B) in the second sentence by inserting ‘‘, 

20 or the Attorney General in a civil action,’’ after 

21 ‘‘the copyright owner’’; and 

22 (2) in subsection (c)— 

23 (A) in paragraph (1), by inserting ‘‘, or the 

24 Attorney General in a civil action,’’ after ‘‘the 

25 copyright owner’’; and 


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1 (B) in paragraph (2), by inserting ‘‘, or 

2 the Attorney General in a civil action,’’ after 

3 ‘‘the copyright owner’’. 

4 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

5 The table of sections for chapter 5 of title 17, United 

6 States Code, is amended by inserting after the item relat7 ing to section 506 the following: 

‘‘Sec. 506a. Civil penalties for violations of section 506.’’. 

8 TITLE II—ENHANCEMENTS TO 

9 CIVIL INTELLECTUAL PROP10 ERTY LAWS 

11 SEC. 201. REGISTRATION OF CLAIM. 

12 (a) LIMITATION TO CIVIL ACTIONS; HARMLESS

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

14 amended— 

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

16 before ‘‘INFRINGEMENT’’; 

17 (2) in subsection (a)— 

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

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

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

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

22 (3) by redesignating subsection (b) as sub23 section (c); 


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

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

3 and’’ and inserting ‘‘505 and section’’; and 

4 (5) by inserting after subsection (a) the fol5 lowing: 

6 ‘‘(b)(1) A certificate of registration satisfies the re7 quirements of this section and section 412, regardless of 

8 whether the certificate contains any inaccurate informa9 tion, unless— 

10 ‘‘(A) the inaccurate information was included 

11 on the application for copyright registration with 

12 knowledge that it was inaccurate; and 

13 ‘‘(B) the inaccurate information, if known, 

14 would have caused the Register of Copyrights to 

15 refuse registration. 

16 ‘‘(2) In any case in which inaccurate information de17 scribed under paragraph (1) is alleged, the court shall re18 quest the Register of Copyrights to advise the court 

19 whether the inaccurate information, if known, would have 

20 caused the Register of Copyrights to refuse registration.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

24 ‘‘411(c)’’. 


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

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

3 Code, is amended to read as follows: 

‘‘Sec. 411. Registration and civil infringement actions.’’. 

4 SEC. 202. CIVIL REMEDIES FOR INFRINGEMENT. 

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

6 States Code, is amended— 

7 (1) by striking ‘‘and of all plates’’ and inserting 

8 ‘‘, of all plates’’; and 

9 (2) by striking the period and inserting ‘‘, and 

10 of records documenting the manufacture, sale, or re11 ceipt of things involved in such violation. The court 

12 shall enter, if appropriate, a protective order with re13 spect to discovery of any records that have been 

14 seized. The protective order shall provide for appro15 priate procedures to ensure that confidential infor16 mation contained in such records is not improperly 

17 disclosed to any party.’’. 

18 (b) PROTECTIVE ORDERS FOR SEIZED RECORDS.— 

19 Section 34(d)(1)(A) of the Trademark Act (15 U.S.C. 

20 1116(d)(1)(A)) is amended by adding at the end the fol21 lowing: ‘‘The court shall enter, if appropriate, a protective 

22 order with respect to discovery of any records that have 

23 been seized. The protective order shall provide for appro24 priate procedures to ensure that confidential information 


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1 contained in such records is not improperly disclosed to 

2 any party.’’. 

3 SEC. 203. 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. 204. 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. 205. TRANSSHIPMENT AND EXPORTATION OF GOODS 

20 BEARING INFRINGING MARKS. 

21 Title VII of the Trademark Act of 1946 (15 U.S.C. 

22 1124) is amended— 

23 (1) in the title heading, by inserting after ‘‘IM24 PORTATION’’ the following: ‘‘TRANSSHIPMENT, 

25 OR EXPORTATION’’; and 


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1 (2) in section 42— 

2 (A) by striking ‘‘imported’’; and 

3 (B) by inserting after ‘‘customhouse of the 

4 United States’’ the following: ‘‘, nor shall any 

5 such article be transshipped through or ex6 ported from the United States’’. 

7 SEC. 206. IMPORTATION, TRANSSHIPMENT, AND EXPOR8 TATION. 

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

10 17, United States Code, is amended to read as follows: 

11 ‘‘CHAPTER 6—MANUFACTURING REQUIRE12 MENTS, IMPORTATION, TRANS13 SHIPMENT, AND EXPORTATION’’. 

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

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

16 (1) by redesignating paragraphs (1) through 

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

18 and moving such subparagraphs 2 ems to the right; 

19 (2) by striking ‘‘(a)’’ and inserting ‘‘(a) IN20 FRINGING IMPORTATION, TRANSSHIPMENT, OR EX21 PORTATION.— 

22 ‘‘(1) IMPORTATION.—’’; 

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

24 to—’’ and inserting the following: 


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1 ‘‘(2) IMPORTATION, TRANSHIPMENT, OR EXPOR2 TATION OF INFRINGING ITEMS.—Importation into 

3 the United States, transshipment through the 

4 United States, or exportation from the United 

5 States, without the authority of the owner of copy6 right under this title, of copies or phonorecords, the 

7 making of which either constituted an infringement 

8 of copyright or would have constituted an infringe9 ment of copyright if this title had been applicable, 

10 is an infringement of the exclusive right to distribute 

11 copies or phonorecords under section 106, actionable 

12 under sections 501 and 506. 

13 ‘‘(3) EXCEPTIONS.—This subsection does not 

14 apply to—’’; 

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

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

17 ‘‘importation’’; and 

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

19 this subsection)— 

20 (A) by striking ‘‘importation, for the pri21 vate use of the importer’’ and inserting ‘‘impor22 tation or exportation, for the private use of the 

23 importer or exporter’’; and 

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

25 United States’’ after ‘‘United States’’. 


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

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

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

4 exportation’’ after ‘‘importation’’; and 

5 (B) in subsection (b)— 

6 (i) by striking ‘‘(b) In a case’’ and insert7 ing ‘‘(b) IMPORT PROHIBITION.—In a case’’; 

8 (ii) by striking ‘‘the United States Cus9 toms Service’’ and inserting ‘‘United States 

10 Customs and Border Protection’’; and 

11 (iii) by striking ‘‘the Customs Service’’ and 

12 inserting ‘‘United States Customs and Border 

13 Protection’’. 

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

15 is amended by striking ‘‘the United States Customs Serv16 ice’’ and inserting ‘‘United States Customs and Border 

17 Protection’’. 

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

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

20 read as follows: 

‘‘6. MANUFACTURING REQUIREMENTS, IMPORTATION, AND

EXPORTATION ........ 601’’. 


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1 TITLE III—ENHANCEMENTS TO 

2 CRIMINAL INTELLECTUAL 

3 PROPERTY LAWS 

4 SEC. 301. CRIMINAL COPYRIGHT INFRINGEMENT. 

5 (a) FORFEITURE AND DESTRUCTION; RESTITU6 TION.—Section 506(b) of title 17, United States Code, is 

7 amended to read as follows: 

8 ‘‘(b) FORFEITURE, DESTRUCTION, AND RESTITU9 TION.—Forfeiture, destruction, and restitution relating to 

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

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

12 other similar remedies provided by law.’’. 

13 (b) SEIZURES AND FORFEITURES.— 

14 (1) REPEAL.—Section 509 of title 17, United 

15 States Code, is repealed. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENT.—The table of sections for chapter 5 of title 

18 17, United States Code, is amended by striking the 

19 item relating to section 509. 

20 SEC. 302. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT 

21 LABELS, OR COUNTERFEIT DOCUMENTATION 

22 OR PACKAGING FOR WORKS THAT CAN BE 

23 COPYRIGHTED. 

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

25 amended— 


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1 (1) in subsection (a)— 

2 (A) by redesignating subparagraphs (A) 

3 through (G) as clauses (i) through (vii), respec4 tively; 

5 (B) by redesignating paragraphs (1) and 

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

7 and 

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

9 ‘‘(1) Whoever’’; 

10 (2) by amending subsection (d) to read as fol11 lows: 

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

13 RESTITUTION.—Forfeiture, destruction, and restitution 

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

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

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

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

18 subsection (f) as subsection (e). 

19 SEC. 303. UNAUTHORIZED FIXATION. 

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

21 is amended to read as follows: 

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

23 RESTITUTION.—Forfeiture, destruction, and restitution 

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

4 is amended by striking the second sentence and inserting: 

5 ‘‘The Secretary of Homeland Security shall issue regula6 tions by which any performer may, upon payment of a 

7 specified fee, be entitled to notification by United States 

8 Customs and Border Protection of the importation of cop9 ies or phonorecords that appear to consist of unauthorized 

10 fixations of the sounds or sounds and images of a live mu11 sical performance.’’. 

12 SEC. 304. UNAUTHORIZED RECORDING OF MOTION PIC13 TURES. 

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

15 amended to read as follows: 

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

17 RESTITUTION.—Forfeiture, destruction, and restitution 

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

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

20 other similar remedies provided by law.’’. 

21 SEC. 305. TRAFFICKING IN COUNTERFEIT GOODS OR SERV22 ICES. 

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

24 States Code, is amended— 

25 (1) in subsection (a)— 


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

2 ‘‘OFFENSE.—’’ 

3 ‘‘(1) IN GENERAL.—Whoever;’’; 

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

5 the right; and 

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

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

8 ‘‘(A) SERIOUS BODILY HARM.—If the of9 fender knowingly or recklessly causes or at10 tempts to cause serious bodily injury from con11 duct in violation of paragraph (1), the penalty 

12 shall be a fine under this title or imprisonment 

13 for not more than 20 years, or both. 

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

15 or recklessly causes or attempts to cause death 

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

17 penalty shall be a fine under this title or im18 prisonment for any term of years or for life, or 

19 both.’’. 

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. 306. 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 or 

15 1204 of title 17, or section 2318, 2319, 2319A, 

16 2319B, or 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), except that property is sub21 ject to forfeiture under this subparagraph only 

22 if the United States Government establishes 

23 that there was a substantial connection between 

24 the property and the violation of an offense re25 ferred to in subparagraph (A). 


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1 ‘‘(C) Any property constituting or derived 

2 from any proceeds obtained directly or indi3 rectly as a result of the commission of an of4 fense referred to in subparagraph (A). 

5 ‘‘(2) PROCEDURES.—The provisions of chapter 

6 46 relating to civil forfeitures shall extend to any 

7 seizure or civil forfeiture under this section. At the 

8 conclusion of the forfeiture proceedings, unless oth9 erwise requested by an agency of the United States, 

10 the court shall order that any property forfeited 

11 under paragraph (1) be destroyed, or otherwise dis12 posed of according to law. 

13 ‘‘(b) CRIMINAL FORFEITURE.— 

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

15 The court, in imposing sentence on a person con16 victed of an offense under section 506 or 1204 of 

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

18 2320, or chapter 90, of this title, shall order, in ad19 dition to any other sentence imposed, that the per20 son forfeit to the United States Government any 

21 property subject to forfeiture under subsection (a) 

22 for that offense. 

23 ‘‘(2) PROCEDURES.— 

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

25 property under paragraph (1), including any 


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1 seizure and disposition of the property and any 

2 related judicial or administrative proceeding, 

3 shall be governed by the procedures set forth in 

4 section 413 of the Comprehensive Drug Abuse 

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

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

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

8 the forfeiture proceedings, the court, unless oth9 erwise requested by an agency of the United 

10 States shall order that any— 

11 ‘‘(i) forfeited article or component of 

12 an article bearing or consisting of a coun13 terfeit mark be destroyed or otherwise dis14 posed of according to law; and 

15 ‘‘(ii) infringing items or other prop16 erty described in subsection (a)(1)(A) and 

17 forfeited under paragraph (1) of this sub18 section be destroyed or otherwise disposed 

19 of according to law. 

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

21 an offense under section 506 or 1204 of title 17 or section 

22 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of 

23 this title, the court, pursuant to sections 3556, 3663A, 

24 and 3664 of this title, shall order the person to pay res25 titution to any victim of the offense as an offense against 


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1 property referred to in section 3663A(c)(1)(A)(ii) of this 

2 title.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

7 SEC. 307. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT. 

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

9 amended to read as follows: 

10 ‘‘SEC. 1834. CRIMINAL FORFEITURE. 

11 ‘‘Forfeiture, destruction, and restitution relating to 

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

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

14 remedies provided by law.’’. 

15 SEC. 308. TECHNICAL AND CONFORMING AMENDMENTS. 

16 (a) AMENDMENTS TO TITLE 17, UNITED STATES

17 CODE.— 

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

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

20 inserting ‘‘and 505’’. 

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

22 is amended— 

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

24 509’’; 

25 (B) in subsection (c)— 


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

2 509’’; 

3 (ii) in paragraph (3), by striking ‘‘sec4 tions 509 and 510’’ and inserting ‘‘section 

5 510’’; and 

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

7 ‘‘and section 509’’; and 

8 (C) in subsection (e)— 

9 (i) in paragraph (1), by striking ‘‘sec10 tions 509 and 510’’ and inserting ‘‘section 

11 510’’; and 

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

13 509’’. 

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

15 Code, is amended— 

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

17 ‘‘and 509’’; and 

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

19 509’’. 

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

21 Code, is amended— 

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

23 509 and 510’’ and inserting ‘‘section 510’’; 

24 (B) in paragraph (7)(A), by striking ‘‘and 

25 509’’; 


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

2 509’’; and 

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

4 509’’. 

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

6 is amended— 

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

8 509’’; 

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

10 509 and 510’’ and inserting ‘‘section 510’’; and 

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

12 509’’. 

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

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

15 510’’ and inserting ‘‘section 510’’. 

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

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

18 amended by striking ‘‘or 509’’. 


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1 TITLE IV—COORDINATION AND 

2 STRATEGIC PLANNING OF 

3 FEDERAL EFFORT AGAINST 

4 COUNTERFEITING AND PI5 RACY 

6 SEC. 401. 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 piracy by the advisory committee under section 

25 403; 


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1 (C) assist in the implementation of the 

2 Joint Strategic Plan by the departments and 

3 agencies listed in subsection (b)(3)(A); 

4 (D) report directly to the President and 

5 Congress regarding domestic and international 

6 intellectual property enforcement programs; 

7 (E) report to Congress, as provided in sec8 tion 404, on the implementation of the Joint 

9 Strategic Plan, and make recommendations to 

10 Congress for improvements in Federal intellec11 tual property enforcement efforts; and 

12 (F) carry out such other functions as the 

13 President may direct. 

14 (2) LIMITATION ON AUTHORITY.—The IPEC 

15 may not control or direct any law enforcement agen16 cy in the exercise of its investigative or prosecutorial 

17 authority. 

18 (3) ADVISORY COMMITTEE.— 

19 (A) ESTABLISHMENT.—There is estab20 lished an interagency intellectual property en21 forcement advisory committee composed of the 

22 IPEC, who shall chair the committee, and Sen23 ate-confirmed representatives of the following 

24 departments and agencies who are involved in 

25 intellectual property enforcement, and who are, 


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1 or are appointed by, the respective heads of 

2 those departments and agencies: 

3 (i) The Office of Management and 

4 Budget. 

5 (ii) The Department of Justice. 

6 (iii) The United States Patent and 

7 Trademark Office and other relevant units 

8 of the Department of Commerce. 

9 (iv) The Office of the United States 

10 Trade Representative. 

11 (v) The Department of State, the 

12 United States Agency for International 

13 Development, and the Bureau of Inter14 national Narcotics Law Enforcement. 

15 (vi) The Department of Homeland Se16 curity, United States Customs and Border 

17 Protection, and United States Immigration 

18 and Customs Enforcement. 

19 (vii) The Food and Drug Administra20 tion of the Department of Health and 

21 Human Services. 

22 (viii) The United States Copyright Of23 fice. 

24 (ix) Any such other agencies as the 

25 President determines to be substantially 


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1 involved in the efforts of the Federal Gov2 ernment to combat counterfeiting and pi3 racy. 

4 (B) FUNCTIONS.—The advisory committee 

5 established under subparagraph (A) shall de6 velop the Joint Strategic Plan against counter7 feiting and piracy under section 403. 

8 (c) COMPENSATION.—Section 5312 of title 5, United 

9 States Code, is amended by adding at the end the fol10 lowing: ‘‘United States Intellectual Property Enforcement 

11 Coordinator.’’. 

12 SEC. 402. DEFINITION. 

13 For purposes of this title, the term ‘‘intellectual prop14 erty enforcement’’ means matters relating to the enforce15 ment of laws protecting copyrights, patents, trademarks, 

16 other forms of intellectual property, and trade secrets, 

17 both in the United States and abroad, including in par18 ticular matters relating to combating counterfeit and pi19 rated goods. 

20 SEC. 403. JOINT STRATEGIC PLAN. 

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

22 Plan against counterfeiting and piracy that is referred to 

23 in section 401(b)(1)(B) (in this section referred to as the 

24 ‘‘joint strategic plan’’) are the following: 


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1 (1) Reducing counterfeit and pirated goods in 

2 the domestic and international supply chain. 

3 (2) Identifying and addressing structural weak4 nesses, systemic flaws, or other unjustified impedi5 ments to effective enforcement action against the fi6 nancing, production, trafficking, or sale of counter7 feit or pirated goods. 

8 (3) Ensuring that information is identified and 

9 shared among the relevant departments and agen10 cies, to the extent permitted by law and consistent 

11 with law enforcement protocols for handling infor12 mation, to aid in the objective of arresting and pros13 ecuting individuals and entities that are knowingly 

14 involved in the financing, production, trafficking, or 

15 sale of counterfeit or pirated goods. 

16 (4) Disrupting and eliminating domestic and 

17 international counterfeiting and piracy networks. 

18 (5) Strengthening the capacity of other coun19 tries to protect and enforce intellectual property 

20 rights, and reducing the number of countries that 

21 fail to enforce laws preventing the financing, produc22 tion, trafficking, and sale of counterfeit and pirated 

23 goods. 

24 (6) Working with other countries to establish 

25 international standards and policies for the effective 


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1 protection and enforcement of intellectual property 

2 rights. 

3 (7) Protecting intellectual property rights over4 seas by— 

5 (A) working with other countries and ex6 changing information with appropriate law en7 forcement agencies in other countries relating 

8 to individuals and entities involved in the fi9 nancing, production, trafficking, or sale of pi10 rated or counterfeit goods; 

11 (B) using the information described in sub12 paragraph (A) to conduct enforcement activities 

13 in cooperation with appropriate law enforce14 ment agencies in other countries; and 

15 (C) building a formal process for con16 sulting with companies, industry associations, 

17 labor unions, and other interested groups in 

18 other countries with respect to intellectual prop19 erty enforcement. 

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

21 date of the enactment of this Act, and not later than De22 cember 31 of every third year thereafter, the IPEC shall 

23 submit the joint strategic plan to the Committee on the 

24 Judiciary and the Committee on Appropriations of the 

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


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1 Committee on Appropriations of the House of Representa2 tives. 

3 (c) RESPONSIBILITY OF THE IPEC.—During the de4 velopment of the joint strategic plan, the IPEC— 

5 (1) shall provide assistance to, and coordinate 

6 the meetings and efforts of, the appropriate officers 

7 and employees of departments and agencies rep8 resented on the advisory committee appointed under 

9 section 401(b)(3) who are involved in intellectual 

10 property enforcement; and 

11 (2) may consult with private sector experts in 

12 intellectual property enforcement in furtherance of 

13 providing assistance to the members of the advisory 

14 committee appointed under section 401(b)(3). 

15 (d) RESPONSIBILITIES OF OTHER DEPARTMENTS

16 AND AGENCIES.—In the development and implementation 

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

18 and agencies identified under section 401(b)(3) shall— 

19 (1) designate personnel with expertise and expe20 rience in intellectual property enforcement matters 

21 to work with the IPEC and other members of the 

22 advisory committee; and 

23 (2) share relevant department or agency infor24 mation with the IPEC and other members of the ad25 visory committee, including statistical information 


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1 on the enforcement activities of the department or 

2 agency against counterfeiting or piracy, and plans 

3 for addressing the joint strategic plan. 

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

5 Each joint strategic plan shall include the following: 

6 (1) A detailed description of the priorities iden7 tified for carrying out the objectives in the joint 

8 strategic plan, including activities of the Federal 

9 Government relating to intellectual property enforce10 ment. 

11 (2) A detailed description of the means and 

12 methods to be employed to achieve the priorities, in13 cluding the means and methods for improving the 

14 efficiency and effectiveness of the Federal Govern15 ment’s enforcement efforts against counterfeiting 

16 and piracy. 

17 (3) Estimates of the resources necessary to ful18 fill the priorities identified under paragraph (1). 

19 (4) The performance measures to be used to 

20 monitor results under the joint strategic plan during 

21 the following year. 

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

23 of intellectual property rights, including the costs to 

24 the economy of the United States resulting from vio25 lations of intellectual property laws, and the threats 


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1 to public health and safety created by counterfeiting 

2 and piracy. 

3 (6) An identification of the departments and 

4 agencies that will be involved in implementing each 

5 priority under paragraph (1). 

6 (7) A strategy for ensuring coordination be7 tween the IPEC and the departments and agencies 

8 identified under paragraph (6), including a process 

9 for oversight by the executive branch of, and ac10 countability among, the departments and agencies 

11 responsible for carrying out the strategy. 

12 (8) Such other information as is necessary to 

13 convey the costs imposed on the United States econ14 omy by, and the threats to public health and safety 

15 created by, counterfeiting and piracy, and those 

16 steps that the Federal Government intends to take 

17 over the period covered by the succeeding joint stra18 tegic plan to reduce those costs and counter those 

19 threats. 

20 (f) ENHANCING ENFORCEMENT EFFORTS OF FOR21 EIGN GOVERNMENTS.—The joint strategic plan shall in22 clude programs to provide training and technical assist23 ance to foreign governments for the purpose of enhancing 

24 the efforts of such governments to enforce laws against 


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1 counterfeiting and piracy. With respect to such programs, 

2 the joint strategic plan shall— 

3 (1) seek to enhance the efficiency and consist4 ency with which Federal resources are expended, 

5 and seek to minimize duplication, overlap, or incon6 sistency of efforts; 

7 (2) identify and give priority to those countries 

8 where programs of training and technical assistance 

9 can be carried out most effectively and with the 

10 greatest benefit to reducing counterfeit and pirated 

11 products in the United States market, to protecting 

12 the intellectual property rights of United States per13 sons and their licensees, and to protecting the inter14 ests of United States persons otherwise harmed by 

15 violations of intellectual property rights in those 

16 countries; 

17 (3) in identifying the priorities under paragraph 

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

19 the United States Trade Representative under sec20 tion 182(a) of the Trade Act of 1974 (19 U.S.C. 

21 2242(a)); and 

22 (4) develop metrics to measure the effectiveness 

23 of the Federal Government’s efforts to improve the 

24 laws and enforcement practices of foreign govern25 ments against counterfeiting and piracy. 


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1 (g) DISSEMINATION OF THE JOINT STRATEGIC

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

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

4 disseminated to the public through such other means as 

5 the IPEC may identify. 

6 SEC. 404. REPORTING. 

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

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

9 submit a report on the activities of the advisory committee 

10 during the preceding fiscal year. The annual report shall 

11 be submitted to Congress, and disseminated to the people 

12 of the United States, in the manner specified in sub13 sections (b) and (g) of section 403. 

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

15 shall include the following: 

16 (1) The progress made on implementing the 

17 strategic plan and on the progress toward fulfillment 

18 of the priorities identified under section 403(e)(1). 

19 (2) The progress made in efforts to encourage 

20 Federal, State, and local government departments 

21 and agencies to accord higher priority to intellectual 

22 property enforcement. 

23 (3) The progress made in working with foreign 

24 countries to investigate, arrest, and prosecute enti25 ties and individuals involved in the financing, proVerDate Aug 31 2005 00:33 Jul 26, 2008 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3325.IS S3325

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1 duction, trafficking, and sale of counterfeit and pi2 rated goods. 

3 (4) The manner in which the relevant depart4 ments and agencies are working together and shar5 ing information to strengthen intellectual property 

6 enforcement. 

7 (5) An assessment of the successes and short8 comings of the efforts of the Federal Government, 

9 including departments and agencies represented on 

10 the committee established under section 401(b)(3). 

11 (6) Recommendations for any changes in en12 forcement statutes, regulations, or funding levels 

13 that the advisory committee considers would signifi14 cantly improve the effectiveness or efficiency of the 

15 effort of the Federal Government to combat counter16 feiting and piracy and otherwise strengthen intellec17 tual property enforcement, including through the 

18 elimination or consolidation of duplicative programs 

19 or initiatives. 

20 (7) The progress made in strengthening the ca21 pacity of countries to protect and enforce intellectual 

22 property rights. 

23 (8) The successes and challenges in sharing 

24 with other countries information relating to intellec25 tual property enforcement. 


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1 (9) The progress made under trade agreements 

2 and treaties to protect intellectual property rights of 

3 United States persons and their licensees. 

4 SEC. 405. SAVINGS AND REPEALS. 

5 (a) REPEAL OF COORDINATION COUNCIL.—Section 

6 653 of the Treasury and General Government Appropria7 tions Act, 2000 (15 U.S.C. 1128) is repealed. 

8 (b) CURRENT AUTHORITIES NOT AFFECTED.—Ex9 cept as provided in subsection (a), nothing in this title 

10 shall alter the authority of any department or agency of 

11 the United States (including any independent agency) that 

12 relates to— 

13 (1) the investigation and prosecution of viola14 tions of laws that protect intellectual property 

15 rights; 

16 (2) the administrative enforcement, at the bor17 ders of the United States, of laws that protect intel18 lectual property rights; or 

19 (3) the United States trade agreements pro20 gram or international trade. 

21 (c) REGISTER OF COPYRIGHTS.—Nothing in this title 

22 shall derogate from the duties and functions of the Reg23 ister of Copyrights. 


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1 SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated for each fiscal year such sums as may be necessary 

4 to carry out this title. 

5 TITLE V—DEPARTMENT OF 

6 JUSTICE PROGRAMS 

7 SEC. 501. LOCAL LAW ENFORCEMENT GRANTS. 

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

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

10 (1) in subsection (b), by inserting after ‘‘com11 puter crime’’ each place it appears the following: ‘‘, 

12 including infringement of copyrighted works over the 

13 Internet’’; and 

14 (2) in subsection (e)(1), relating to authoriza15 tion of appropriations, by striking ‘‘fiscal years 2001 

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

17 through 2013’’. 

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

19 Department of Justice shall make grants to eligible State 

20 or local law enforcement entities, including law enforce21 ment agencies of municipal governments and public edu22 cational institutions, for training, prevention, enforce23 ment, and prosecution of intellectual property theft and 

24 infringement crimes (in this subsection referred to as ‘‘IP– 

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


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

2 grants may be used to establish and develop pro3 grams to do the following with respect to the en4 forcement of State and local true name and address 

5 laws and State and local criminal laws on anti-pi6 racy, anti-counterfeiting, and unlawful acts with re7 spect to goods by reason of their protection by a pat8 ent, trademark, service mark, trade secret, or other 

9 intellectual property right under State or Federal 

10 law: 

11 (A) Assist State and local law enforcement 

12 agencies in enforcing those laws, including by 

13 reimbursing State and local entities for ex14 penses incurred in performing enforcement op15 erations, such as overtime payments and stor16 age fees for seized evidence. 

17 (B) Assist State and local law enforcement 

18 agencies in educating the public to prevent, 

19 deter, and identify violations of those laws. 

20 (C) Educate and train State and local law 

21 enforcement officers and prosecutors to conduct 

22 investigations and forensic analyses of evidence 

23 and prosecutions in matters involving those 

24 laws. 


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1 (D) Establish task forces that include per2 sonnel from State or local law enforcement enti3 ties, or both, exclusively to conduct investiga4 tions and forensic analyses of evidence and 

5 prosecutions in matters involving those laws. 

6 (E) Assist State and local law enforcement 

7 officers and prosecutors in acquiring computer 

8 and other equipment to conduct investigations 

9 and forensic analyses of evidence in matters in10 volving those laws. 

11 (F) Facilitate and promote the sharing, 

12 with State and local law enforcement officers 

13 and prosecutors, of the expertise and informa14 tion of Federal law enforcement agencies about 

15 the investigation, analysis, and prosecution of 

16 matters involving those laws and criminal in17 fringement of copyrighted works, including the 

18 use of multijurisdictional task forces. 

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

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

21 shall provide to the Attorney General— 

22 (A) assurances that the State in which the 

23 government entity is located has in effect laws 

24 described in paragraph (1); 


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1 (B) an assessment of the resource needs of 

2 the State or local government entity applying 

3 for the grant, including information on the need 

4 for reimbursements of base salaries and over5 time costs, storage fees, and other expenditures 

6 to improve the investigation, prevention, or en7 forcement of laws described in paragraph (1); 

8 and 

9 (C) a plan for coordinating the programs 

10 funded under this section with other federally 

11 funded technical assistance and training pro12 grams, including directly funded local programs 

13 such as the Edward Byrne Memorial Justice 

14 Assistance Grant Program authorized by sub15 part 1 of part E of title I of the Omnibus 

16 Crime Control and Safe Streets Act of 1968 

17 (42 U.S.C. 3750 et seq.). 

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

19 an IP–TIC grant may not exceed 90 percent of the 

20 costs of the program or proposal funded by the IP– 

21 TIC grant, unless the Attorney General waives, in 

22 whole or in part, the 90 percent requirement. 

23 (4) AUTHORIZATION OF APPROPRIATIONS.— 

24 (A) AUTHORIZATION.—There is authorized 

25 to be appropriated to carry out this subsection 


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

2 2009 through 2013. 

3 (B) LIMITATION.—Of the amount made 

4 available to carry out this subsection in any fis5 cal year, not more than 3 percent may be used 

6 by the Attorney General for salaries and admin7 istrative expenses. 

8 SEC. 502. IMPROVED INVESTIGATIVE AND FORENSIC RE9 SOURCES FOR ENFORCEMENT OF LAWS RE10 LATED TO INTELLECTUAL PROPERTY 

11 CRIMES. 

12 (a) IN GENERAL.—Subject to the availability of ap13 propriations to carry out this subsection, the Attorney 

14 General, in consultation with the Director of the Federal 

15 Bureau of Investigation, shall, with respect to crimes re16 lated to the theft of intellectual property— 

17 (1) create an operational unit of the Federal 

18 Bureau of Investigation— 

19 (A) to work with the Computer Crime and 

20 Intellectual Property section of the Department 

21 of Justice on the investigation and coordination 

22 of intellectual property crimes that are complex, 

23 committed in more than 1 judicial district, or 

24 international; 


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1 (B) that consists of at least 10 agents of 

2 the Bureau; and 

3 (C) that is located at the headquarters of 

4 the Bureau; 

5 (2) ensure that any unit in the Department of 

6 Justice responsible for investigating computer hack7 ing or intellectual property crimes is assigned at 

8 least 2 agents of the Federal Bureau of Investiga9 tion (in addition to any agent assigned to such unit 

10 as of the date of the enactment of this Act) to sup11 port such unit for the purpose of investigating or 

12 prosecuting intellectual property crimes; and 

13 (3) implement a comprehensive program— 

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

15 of the Federal Bureau of Investigation in the 

16 investigation and prosecution of such crimes 

17 and the enforcement of laws related to intellec18 tual property crimes; 

19 (B) that includes relevant forensic training 

20 related to investigating and prosecuting intellec21 tual property crimes; and 

22 (C) that requires such agents who inves23 tigate or prosecute intellectual property crimes 

24 to attend the program annually. 


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1 (b) ORGANIZED CRIME TASK FORCE.—Subject to the 

2 availability of appropriations to carry out this subsection, 

3 and not later than 120 days after the date of the enact4 ment of this Act, the Attorney General, through the 

5 United States Attorneys’ Offices, the Computer Crime and 

6 Intellectual Property section, and the Organized Crime 

7 and Racketeering section of the Department of Justice, 

8 and in consultation with the Federal Bureau of Investiga9 tion and other Federal law enforcement agencies, shall 

10 create a Task Force to develop and implement a com11 prehensive, long-range plan to investigate and prosecute 

12 international organized crime syndicates engaging in or 

13 supporting crimes relating to the theft of intellectual prop14 erty. 

15 (c) AUTHORIZATION.—There are authorized to be ap16 propriated to carry out this section $12,000,000 for each 

17 of fiscal years 2009 through 2013. 

18 SEC. 503. ADDITIONAL FUNDING FOR RESOURCES TO IN19 VESTIGATE AND PROSECUTE CRIMINAL AC20 TIVITY INVOLVING COMPUTERS. 

21 (a) ADDITIONAL FUNDING FOR RESOURCES.— 

22 (1) AUTHORIZATION.—In addition to amounts 

23 otherwise authorized for resources to investigate and 

24 prosecute criminal activity involving computers, 


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1 there are authorized to be appropriated for each of 

2 the fiscal years 2009 through 2013— 

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

4 Federal Bureau of Investigation; and 

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

6 for the Criminal Division of the Department of 

7 Justice. 

8 (2) AVAILABILITY.—Any amounts appropriated 

9 under paragraph (1) shall remain available until ex10 pended. 

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

12 available under subsection (a) shall be used by the Direc13 tor of the Federal Bureau of Investigation and the Attor14 ney General, for the Federal Bureau of Investigation and 

15 the Criminal Division of the Department of Justice, re16 spectively, to— 

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

18 (A) investigate crimes committed through 

19 the use of computers and other information 

20 technology, including through the use of the 

21 Internet; and 

22 (B) assist in the prosecution of such 

23 crimes; and 

24 (2) procure advanced tools of forensic science to 

25 investigate, prosecute, and study such crimes. 


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1 SEC. 504. INTERNATIONAL INTELLECTUAL PROPERTY LAW 

2 ENFORCEMENT COORDINATORS. 

3 (a) DEPLOYMENT OF ADDITIONAL COORDINA4 TORS.—Subject to the availability of appropriations to 

5 carry out this section, the Attorney General shall, within 

6 180 days after the date of the enactment of this Act, de7 ploy 5 Intellectual Property Law Enforcement Coordina8 tors, in addition to those serving in such capacity on such 

9 date of enactment. Such deployments shall be made to 

10 those countries and regions where the activities of such 

11 a coordinator can be carried out most effectively and with 

12 the greatest benefit to reducing counterfeit and pirated 

13 products in the United States market, to protecting the 

14 intellectual property rights of United States persons and 

15 their licensees, and to protecting the interests of United 

16 States persons otherwise harmed by violations of intellec17 tual property rights in those countries. The mission of all 

18 International Intellectual Property Law Enforcement Co19 ordinators shall include the following: 

20 (1) Acting as liaison with foreign law enforce21 ment agencies and other foreign officials in criminal 

22 matters involving intellectual property rights. 

23 (2) Performing outreach and training to build 

24 the enforcement capacity of foreign governments 

25 against intellectual property-related crime in the re26 gions in which the coordinators serve. 


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1 (3) Coordinating United States law enforcement 

2 activities against intellectual property-related crimes 

3 in the regions in which the coordinators serve. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated for each fiscal year such 

6 sums as may be necessary for the deployment and support 

7 of all International Intellectual Property Enforcement Co8 ordinators of the Department of Justice, including those 

9 deployed under subsection (a). 

10 SEC. 505. ANNUAL REPORTS. 

11 Not later than 1 year after the date of the enactment 

12 of this Act, and annually thereafter, the Attorney General 

13 shall submit to the Committees on the Judiciary of the 

14 Senate and the House of Representatives a report on ac15 tions taken to carry out this title. 

16 SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated for each fis18 cal year such sums as may be necessary to carry out this 

19 title. 

Æ 


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