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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3325 Enrolled Bill (ENR)]

        S.3325

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

 
 To enhance remedies for violations of intellectual property laws, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Prioritizing 
Resources and Organization for Intellectual Property Act of 2008''.
    (b) Table of Contents.--The table of contents is as follows:

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

        TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

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

      TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

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

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

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

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

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

                         TITLE V--MISCELLANEOUS

Sec. 501. GAO study on protection of intellectual property of 
          manufacturers.
Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.
SEC. 2. REFERENCE.
    Any reference in this Act to the ``Trademark Act of 1946'' refers 
to the Act entitled ``An Act to provide for the registration of 
trademarks used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes'', approved July 5, 
1946 (15 U.S.C. 1051 et seq.).
SEC. 3. DEFINITION.
    In this Act, the term ``United States person'' means--
        (1) any United States resident or national,
        (2) any domestic concern (including any permanent domestic 
    establishment of any foreign concern), and
        (3) any foreign subsidiary or affiliate (including any 
    permanent foreign establishment) of any domestic concern that is 
    controlled in fact by such domestic concern,
except that such term does not include an individual who resides 
outside the United States and is employed by an individual or entity 
other than an individual or entity described in paragraph (1), (2), or 
(3).

       TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

    SEC. 101. REGISTRATION OF CLAIM.
    (a) Limitation to Civil Actions; Harmless Error.--Section 411 of 
title 17, United States Code, is amended--
        (1) in the section heading, by inserting ``civil'' before 
    ``infringement'';
        (2) in subsection (a)--
            (A) in the first sentence, by striking ``no action'' and 
        inserting ``no civil action''; and
            (B) in the second sentence, by striking ``an action'' and 
        inserting ``a civil action'';
        (3) by redesignating subsection (b) as subsection (c);
        (4) in subsection (c), as so redesignated by paragraph (3), by 
    striking ``506 and sections 509 and'' and inserting ``505 and 
    section''; and
        (5) by inserting after subsection (a) the following:
    ``(b)(1) A certificate of registration satisfies the requirements 
of this section and section 412, regardless of whether the certificate 
contains any inaccurate information, unless--
        ``(A) the inaccurate information was included on the 
    application for copyright registration with knowledge that it was 
    inaccurate; and
        ``(B) the inaccuracy of the information, if known, would have 
    caused the Register of Copyrights to refuse registration.
    ``(2) In any case in which inaccurate information described under 
paragraph (1) is alleged, the court shall request the Register of 
Copyrights to advise the court whether the inaccurate information, if 
known, would have caused the Register of Copyrights to refuse 
registration.
    ``(3) Nothing in this subsection shall affect any rights, 
obligations, or requirements of a person related to information 
contained in a registration certificate, except for the institution of 
and remedies in infringement actions under this section and section 
412.''.
    (b) Technical and Conforming Amendments.--
        (1) Section 412 of title 17, United States Code, is amended by 
    striking ``411(b)'' and inserting ``411(c)''.
        (2) The item relating to section 411 in the table of sections 
    for chapter 4 of title 17, United States Code, is amended to read 
    as follows:

``Sec. 411. Registration and civil infringement actions.''.
    SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.
    (a) In General.--Section 503(a) of title 17, United States Code, is 
amended to read as follows:
    ``(a)(1) At any time while an action under this title is pending, 
the court may order the impounding, on such terms as it may deem 
reasonable--
        ``(A) of all copies or phonorecords claimed to have been made 
    or used in violation of the exclusive right of the copyright owner;
        ``(B) of all plates, molds, matrices, masters, tapes, film 
    negatives, or other articles by means of which such copies of 
    phonorecords may be reproduced; and
        ``(C) of records documenting the manufacture, sale, or receipt 
    of things involved in any such violation, provided that any records 
    seized under this subparagraph shall be taken into the custody of 
    the court.
    ``(2) For impoundments of records ordered under paragraph (1)(C), 
the court shall enter an appropriate protective order with respect to 
discovery and use of any records or information that has been 
impounded. The protective order shall provide for appropriate 
procedures to ensure that confidential, private, proprietary, or 
privileged information contained in such records is not improperly 
disclosed or used.
    ``(3) The relevant provisions of paragraphs (2) through (11) of 
section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) 
shall extend to any impoundment of records ordered under paragraph 
(1)(C) that is based upon an ex parte application, notwithstanding the 
provisions of rule 65 of the Federal Rules of Civil Procedure. Any 
references in paragraphs (2) through (11) of section 34(d) of the 
Trademark Act to section 32 of such Act shall be read as references to 
section 501 of this title, and references to use of a counterfeit mark 
in connection with the sale, offering for sale, or distribution of 
goods or services shall be read as references to infringement of a 
copyright.''.
    (b) Protective Order for Seized Records.--Section 34(d)(7) of the 
Trademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows:
        ``(7) Any materials seized under this subsection shall be taken 
    into the custody of the court. For seizures made under this 
    section, the court shall enter an appropriate protective order with 
    respect to discovery and use of any records or information that has 
    been seized. The protective order shall provide for appropriate 
    procedures to ensure that confidential, private, proprietary, or 
    privileged information contained in such records is not improperly 
    disclosed or used.''.
    SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.
    Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is 
amended to read as follows:
    ``(b) In assessing damages under subsection (a) for any violation 
of section 32(1)(a) of this Act or section 220506 of title 36, United 
States Code, in a case involving use of a counterfeit mark or 
designation (as defined in section 34(d) of this Act), the court shall, 
unless the court finds extenuating circumstances, enter judgment for 
three times such profits or damages, whichever amount is greater, 
together with a reasonable attorney's fee, if the violation consists 
of--
        ``(1) intentionally using a mark or designation, knowing such 
    mark or designation is a counterfeit mark (as defined in section 
    34(d) of this Act), in connection with the sale, offering for sale, 
    or distribution of goods or services; or
        ``(2) providing goods or services necessary to the commission 
    of a violation specified in paragraph (1), with the intent that the 
    recipient of the goods or services would put the goods or services 
    to use in committing the violation.
In such a case, the court may award prejudgment interest on such amount 
at an annual interest rate established under section 6621(a)(2) of the 
Internal Revenue Code of 1986, beginning on the date of the service of 
the claimant's pleadings setting forth the claim for such entry of 
judgment and ending on the date such entry is made, or for such shorter 
time as the court considers appropriate.''.
    SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.
    Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is 
amended--
        (1) in paragraph (1)--
            (A) by striking ``$500'' and inserting ``$1,000''; and
            (B) by striking ``$100,000'' and inserting ``$200,000''; 
        and
        (2) in paragraph (2), by striking ``$1,000,000'' and inserting 
    ``$2,000,000''.
    SEC. 105. IMPORTATION AND EXPORTATION.
    (a) In General.--The heading for chapter 6 of title 17, United 
States Code, is amended to read as follows:

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

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

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

     TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

    SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.
    (a) Forfeiture and Destruction; Restitution.--Section 506(b) of 
title 17, United States Code, is amended to read as follows:
    ``(b) Forfeiture, Destruction, and Restitution.--Forfeiture, 
destruction, and restitution relating to this section shall be subject 
to section 2323 of title 18, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    (b) Seizures and Forfeitures.--
        (1) Repeal.--Section 509 of title 17, United States Code, is 
    repealed.
        (2) Technical and conforming amendment.--The table of sections 
    for chapter 5 of title 17, United States Code, is amended by 
    striking the item relating to section 509.
    SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, OR 
      COUNTERFEIT DOCUMENTATION OR PACKAGING FOR WORKS THAT CAN BE 
      COPYRIGHTED.
    Section 2318 of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) by redesignating subparagraphs (A) through (G) as 
        clauses (i) through (vii), respectively;
            (B) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively; and
            (C) by striking ``Whoever'' and inserting ``(1) Whoever'';
        (2) by amending subsection (d) to read as follows:
    ``(d) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''; and
        (3) by striking subsection (e) and redesignating subsection (f) 
    as subsection (e).
    SEC. 203. UNAUTHORIZED FIXATION.
    (a) Section 2319A(b) of title 18, United States Code, is amended to 
read as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    (b) Section 2319A(c) of title 18, United States Code, is amended by 
striking the second sentence and inserting: ``The Secretary of Homeland 
Security shall issue regulations by which any performer may, upon 
payment of a specified fee, be entitled to notification by United 
States Customs and Border Protection of the importation of copies or 
phonorecords that appear to consist of unauthorized fixations of the 
sounds or sounds and images of a live musical performance.''.
    SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.
    Section 2319B(b) of title 18, United States Code, is amended to 
read as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
    (a) In General.--Section 2320 of title 18, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) by striking ``Whoever'' and inserting ``Offense.--''
        ``(1) In general.--Whoever;'';
            (B) by moving the remaining text 2 ems to the right; and
            (C) by adding at the end the following:
        ``(2) Serious bodily harm or death.--
            ``(A) Serious bodily harm.--If the offender knowingly or 
        recklessly causes or attempts to cause serious bodily injury 
        from conduct in violation of paragraph (1), the penalty shall 
        be a fine under this title or imprisonment for not more than 20 
        years, or both.
            ``(B) Death.--If the offender knowingly or recklessly 
        causes or attempts to cause death from conduct in violation of 
        paragraph (1), the penalty shall be a fine under this title or 
        imprisonment for any term of years or for life, or both.''; and
        (2) by adding at the end the following:
    ``(h) Transshipment and Exportation.--No goods or services, the 
trafficking in of which is prohibited by this section, shall be 
transshipped through or exported from the United States. Any such 
transshipment or exportation shall be deemed a violation of section 42 
of an Act to provide for the registration of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes, approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946' or the `Lanham Act').''.
    (b) Forfeiture and Destruction of Property; Restitution.--Section 
2320(b) of title 18, United States Code, is amended to read as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.
    (a) In General.--Chapter 113 of title 18, United States Code, is 
amended by adding at the end the following:
``SEC. 2323. FORFEITURE, DESTRUCTION, AND RESTITUTION.
    ``(a) Civil Forfeiture.--
        ``(1) Property subject to forfeiture.--The following property 
    is subject to forfeiture to the United States Government:
            ``(A) Any article, the making or trafficking of which is, 
        prohibited under section 506 of title 17, or section 2318, 
        2319, 2319A, 2319B, or 2320, or chapter 90, of this title.
            ``(B) Any property used, or intended to be used, in any 
        manner or part to commit or facilitate the commission of an 
        offense referred to in subparagraph (A).
            ``(C) Any property constituting or derived from any 
        proceeds obtained directly or indirectly as a result of the 
        commission of an offense referred to in subparagraph (A).
        ``(2) Procedures.--The provisions of chapter 46 relating to 
    civil forfeitures shall extend to any seizure or civil forfeiture 
    under this section. For seizures made under this section, the court 
    shall enter an appropriate protective order with respect to 
    discovery and use of any records or information that has been 
    seized. The protective order shall provide for appropriate 
    procedures to ensure that confidential, private, proprietary, or 
    privileged information contained in such records is not improperly 
    disclosed or used. At the conclusion of the forfeiture proceedings, 
    unless otherwise requested by an agency of the United States, the 
    court shall order that any property forfeited under paragraph (1) 
    be destroyed, or otherwise disposed of according to law.
    ``(b) Criminal Forfeiture.--
        ``(1) Property subject to forfeiture.--The court, in imposing 
    sentence on a person convicted of an offense under section 506 of 
    title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 
    90, of this title, shall order, in addition to any other sentence 
    imposed, that the person forfeit to the United States Government 
    any property subject to forfeiture under subsection (a) for that 
    offense.
        ``(2) Procedures.--
            ``(A) In general.--The forfeiture of property under 
        paragraph (1), including any seizure and disposition of the 
        property and any related judicial or administrative proceeding, 
        shall be governed by the procedures set forth in section 413 of 
        the Comprehensive Drug Abuse Prevention and Control Act of 1970 
        (21 U.S.C. 853), other than subsection (d) of that section.
            ``(B) Destruction.--At the conclusion of the forfeiture 
        proceedings, the court, unless otherwise requested by an agency 
        of the United States shall order that any--
                ``(i) forfeited article or component of an article 
            bearing or consisting of a counterfeit mark be destroyed or 
            otherwise disposed of according to law; and
                ``(ii) infringing items or other property described in 
            subsection (a)(1)(A) and forfeited under paragraph (1) of 
            this subsection be destroyed or otherwise disposed of 
            according to law.
    ``(c) Restitution.--When a person is convicted of an offense under 
section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, 
or chapter 90, of this title, the court, pursuant to sections 3556, 
3663A, and 3664 of this title, shall order the person to pay 
restitution to any victim of the offense as an offense against property 
referred to in section 3663A(c)(1)(A)(ii) of this title.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 113 of title 18, United States Code, is amended by adding at 
the end the following:

``Sec. 2323. Forfeiture, destruction, and restitution.''.
    SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.
    Section 1834 of title 18, United States Code, is amended to read as 
follows:
``SEC. 1834. CRIMINAL FORFEITURE.
    ``Forfeiture, destruction, and restitution relating to this chapter 
shall be subject to section 2323, to the extent provided in that 
section, in addition to any other similar remedies provided by law.''.
    SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.
    Section 2319 of title 18, United States Code, is amended--
        (1) in subsection (b)(2)--
            (A) by inserting ``is a felony and'' after ``offense'' the 
        first place such term appears; and
            (B) by striking ``paragraph (1)'' and inserting 
        ``subsection (a)'';
        (2) in subsection (c)(2)--
            (A) by inserting ``is a felony and'' after ``offense'' the 
        first place such term appears; and
            (B) by striking ``paragraph (1)'' and inserting 
        ``subsection (a)'';
        (3) in subsection (d)(3)--
            (A) by inserting ``is a felony and'' after ``offense'' the 
        first place such term appears; and
            (B) by inserting ``under subsection (a)'' before the 
        semicolon; and
        (4) in subsection (d)(4), by inserting ``is a felony and'' 
    after ``offense'' the first place such term appears.
    SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) Amendments to Title 17, United States Code.--
        (1) Section 109 (b)(4) of title 17, United States Code, is 
    amended by striking ``505, and 509'' and inserting ``and 505''.
        (2) Section 111 of title 17, United States Code, is amended--
            (A) in subsection (b), by striking ``and 509'';
            (B) in subsection (c)--
                (i) in paragraph (2), by striking ``and 509'';
                (ii) in paragraph (3), by striking ``sections 509 and 
            510'' and inserting ``section 510''; and
                (iii) in paragraph (4), by striking ``and section 
            509''; and
            (C) in subsection (e)--
                (i) in paragraph (1), by striking ``sections 509 and 
            510'' and inserting ``section 510''; and
                (ii) in paragraph (2), by striking ``and 509''.
        (3) Section 115(c) of title 17, United States Code, is 
    amended--
            (A) in paragraph (3)(G)(i), by striking ``and 509''; and
            (B) in paragraph (6), by striking ``and 509''.
        (4) Section 119(a) of title 17, United States Code, is 
    amended--
            (A) in paragraph (6), by striking ``sections 509 and 510'' 
        and inserting ``section 510'';
            (B) in paragraph (7)(A), by striking ``and 509'';
            (C) in paragraph (8), by striking ``and 509''; and
            (D) in paragraph (13), by striking ``and 509''.
        (5) Section 122 of title 17, United States Code, is amended--
            (A) in subsection (d), by striking ``and 509'';
            (B) in subsection (e), by striking ``sections 509 and 510'' 
        and inserting ``section 510''; and
            (C) in subsection (f)(1), by striking ``and 509''.
        (6) Section 411(b) of title 17, United States Code, is amended 
    by striking ``sections 509 and 510'' and inserting ``section 510''.
    (b) Other Amendments.--Section 596(c)(2)(c) of the Tariff Act of 
1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking ``or 509''.

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

    SEC. 301. INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR.
    (a) Intellectual Property Enforcement Coordinator.--The President 
shall appoint, by and with the advice and consent of the Senate, an 
Intellectual Property Enforcement Coordinator (in this title referred 
to as the ``IPEC'') to serve within the Executive Office of the 
President. As an exercise of the rulemaking power of the Senate, any 
nomination of the IPEC submitted to the Senate for confirmation, and 
referred to a committee, shall be referred to the Committee on the 
Judiciary.
    (b) Duties of IPEC.--
        (1) In general.--The IPEC shall--
            (A) chair the interagency intellectual property enforcement 
        advisory committee established under subsection (b)(3)(A);
            (B) coordinate the development of the Joint Strategic Plan 
        against counterfeiting and infringement by the advisory 
        committee under section 303;
            (C) assist, at the request of the departments and agencies 
        listed in subsection (b)(3)(A), in the implementation of the 
        Joint Strategic Plan;
            (D) facilitate the issuance of policy guidance to 
        departments and agencies on basic issues of policy and 
        interpretation, to the extent necessary to assure the 
        coordination of intellectual property enforcement policy and 
        consistency with other law;
            (E) report to the President and report to Congress, to the 
        extent consistent with law, regarding domestic and 
        international intellectual property enforcement programs;
            (F) report to Congress, as provided in section 304, on the 
        implementation of the Joint Strategic Plan, and make 
        recommendations, if any and as appropriate, to Congress for 
        improvements in Federal intellectual property laws and 
        enforcement efforts; and
            (G) carry out such other functions as the President may 
        direct.
        (2) Limitation on authority.--The IPEC may not control or 
    direct any law enforcement agency, including the Department of 
    Justice, in the exercise of its investigative or prosecutorial 
    authority.
        (3) Advisory committee.--
            (A) Establishment.--There is established an interagency 
        intellectual property enforcement advisory committee composed 
        of the IPEC, who shall chair the committee, and the following 
        members:
                (i) Senate-confirmed representatives of the following 
            departments and agencies who are involved in intellectual 
            property enforcement, and who are, or are appointed by, the 
            respective heads of those departments and agencies:

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

                (ii) The Register of Copyrights, or a senior 
            representative of the United States Copyright Office 
            appointed by the Register of Copyrights.
            (B) Functions.--The advisory committee established under 
        subparagraph (A) shall develop the Joint Strategic Plan against 
        counterfeiting and infringement under section 303.
    SEC. 302. DEFINITION.
    For purposes of this title, the term ``intellectual property 
enforcement'' means matters relating to the enforcement of laws 
protecting copyrights, patents, trademarks, other forms of intellectual 
property, and trade secrets, both in the United States and abroad, 
including in particular matters relating to combating counterfeit and 
infringing goods.
    SEC. 303. JOINT STRATEGIC PLAN.
    (a) Purpose.--The objectives of the Joint Strategic Plan against 
counterfeiting and infringement that is referred to in section 
301(b)(1)(B) (in this section referred to as the ``joint strategic 
plan'') are the following:
        (1) Reducing counterfeit and infringing goods in the domestic 
    and international supply chain.
        (2) Identifying and addressing structural weaknesses, systemic 
    flaws, or other unjustified impediments to effective enforcement 
    action against the financing, production, trafficking, or sale of 
    counterfeit or infringing goods, including identifying duplicative 
    efforts to enforce, investigate, and prosecute intellectual 
    property crimes across the Federal agencies and Departments that 
    comprise the Advisory Committee and recommending how such 
    duplicative efforts may be minimized. Such recommendations may 
    include recommendations on how to reduce duplication in personnel, 
    materials, technologies, and facilities utilized by the agencies 
    and Departments responsible for the enforcement, investigation, or 
    prosecution of intellectual property crimes.
        (3) Ensuring that information is identified and shared among 
    the relevant departments and agencies, to the extent permitted by 
    law, including requirements relating to confidentiality and 
    privacy, and to the extent that such sharing of information is 
    consistent with Department of Justice and other law enforcement 
    protocols for handling such information, to aid in the objective of 
    arresting and prosecuting individuals and entities that are 
    knowingly involved in the financing, production, trafficking, or 
    sale of counterfeit or infringing goods.
        (4) Disrupting and eliminating domestic and international 
    counterfeiting and infringement networks.
        (5) Strengthening the capacity of other countries to protect 
    and enforce intellectual property rights, and reducing the number 
    of countries that fail to enforce laws preventing the financing, 
    production, trafficking, and sale of counterfeit and infringing 
    goods.
        (6) Working with other countries to establish international 
    standards and policies for the effective protection and enforcement 
    of intellectual property rights.
        (7) Protecting intellectual property rights overseas by--
            (A) working with other countries and exchanging information 
        with appropriate law enforcement agencies in other countries 
        relating to individuals and entities involved in the financing, 
        production, trafficking, or sale of counterfeit and infringing 
        goods;
            (B) ensuring that the information referred to in 
        subparagraph (A) is provided to appropriate United States law 
        enforcement agencies in order to assist, as warranted, 
        enforcement activities in cooperation with appropriate law 
        enforcement agencies in other countries; and
            (C) building a formal process for consulting with 
        companies, industry associations, labor unions, and other 
        interested groups in other countries with respect to 
        intellectual property enforcement.
    (b) Timing.--Not later than 12 months after the date of the 
enactment of this Act, and not later than December 31 of every third 
year thereafter, the IPEC shall submit the joint strategic plan to the 
Committee on the Judiciary and the Committee on Appropriations of the 
Senate, and to the Committee on the Judiciary and the Committee on 
Appropriations of the House of Representatives.
    (c) Responsibility of the IPEC.--During the development of the 
joint strategic plan, the IPEC--
        (1) shall provide assistance to, and coordinate the meetings 
    and efforts of, the appropriate officers and employees of 
    departments and agencies represented on the advisory committee 
    appointed under section 301(b)(3) who are involved in intellectual 
    property enforcement; and
        (2) may consult with private sector experts in intellectual 
    property enforcement in furtherance of providing assistance to the 
    members of the advisory committee appointed under section 
    301(b)(3).
    (d) Responsibilities of Other Departments and Agencies.--In the 
development and implementation of the joint strategic plan, the heads 
of the departments and agencies identified under section 301(b)(3) 
shall--
        (1) designate personnel with expertise and experience in 
    intellectual property enforcement matters to work with the IPEC and 
    other members of the advisory committee; and
        (2) share relevant department or agency information with the 
    IPEC and other members of the advisory committee, including 
    statistical information on the enforcement activities of the 
    department or agency against counterfeiting or infringement, and 
    plans for addressing the joint strategic plan, to the extent 
    permitted by law, including requirements relating to 
    confidentiality and privacy, and to the extent that such sharing of 
    information is consistent with Department of Justice and other law 
    enforcement protocols for handling such information.
    (e) Contents of the Joint Strategic Plan.--Each joint strategic 
plan shall include the following:
        (1) A description of the priorities identified for carrying out 
    the objectives in the joint strategic plan, including activities of 
    the Federal Government relating to intellectual property 
    enforcement.
        (2) A description of the means to be employed to achieve the 
    priorities, including the means for improving the efficiency and 
    effectiveness of the Federal Government's enforcement efforts 
    against counterfeiting and infringement.
        (3) Estimates of the resources necessary to fulfill the 
    priorities identified under paragraph (1).
        (4) The performance measures to be used to monitor results 
    under the joint strategic plan during the following year.
        (5) An analysis of the threat posed by violations of 
    intellectual property rights, including the costs to the economy of 
    the United States resulting from violations of intellectual 
    property laws, and the threats to public health and safety created 
    by counterfeiting and infringement.
        (6) An identification of the departments and agencies that will 
    be involved in implementing each priority under paragraph (1).
        (7) A strategy for ensuring coordination among the departments 
    and agencies identified under paragraph (6), which will facilitate 
    oversight by the executive branch of, and accountability among, the 
    departments and agencies responsible for carrying out the strategy.
        (8) Such other information as is necessary to convey the costs 
    imposed on the United States economy by, and the threats to public 
    health and safety created by, counterfeiting and infringement, and 
    those steps that the Federal Government intends to take over the 
    period covered by the succeeding joint strategic plan to reduce 
    those costs and counter those threats.
    (f) Enhancing Enforcement Efforts of Foreign Governments.--The 
joint strategic plan shall include programs to provide training and 
technical assistance to foreign governments for the purpose of 
enhancing the efforts of such governments to enforce laws against 
counterfeiting and infringement. With respect to such programs, the 
joint strategic plan shall--
        (1) seek to enhance the efficiency and consistency with which 
    Federal resources are expended, and seek to minimize duplication, 
    overlap, or inconsistency of efforts;
        (2) identify and give priority to those countries where 
    programs of training and technical assistance can be carried out 
    most effectively and with the greatest benefit to reducing 
    counterfeit and infringing products in the United States market, to 
    protecting the intellectual property rights of United States 
    persons and their licensees, and to protecting the interests of 
    United States persons otherwise harmed by violations of 
    intellectual property rights in those countries;
        (3) in identifying the priorities under paragraph (2), be 
    guided by the list of countries identified by the United States 
    Trade Representative under section 182(a) of the Trade Act of 1974 
    (19 U.S.C. 2242(a)); and
        (4) develop metrics to measure the effectiveness of the Federal 
    Government's efforts to improve the laws and enforcement practices 
    of foreign governments against counterfeiting and infringement.
    (g) Dissemination of the Joint Strategic Plan.--The joint strategic 
plan shall be posted for public access on the website of the White 
House, and shall be disseminated to the public through such other means 
as the IPEC may identify.
    SEC. 304. REPORTING.
    (a) Annual Report.--Not later than December 31 of each calendar 
year beginning in 2009, the IPEC shall submit a report on the 
activities of the advisory committee during the preceding fiscal year. 
The annual report shall be submitted to Congress, and disseminated to 
the people of the United States, in the manner specified in subsections 
(b) and (g) of section 303.
    (b) Contents.--The report required by this section shall include 
the following:
        (1) The progress made on implementing the strategic plan and on 
    the progress toward fulfillment of the priorities identified under 
    section 303(e)(1).
        (2) The progress made in efforts to encourage Federal, State, 
    and local government departments and agencies to accord higher 
    priority to intellectual property enforcement.
        (3) The progress made in working with foreign countries to 
    investigate, arrest, and prosecute entities and individuals 
    involved in the financing, production, trafficking, and sale of 
    counterfeit and infringing goods.
        (4) The manner in which the relevant departments and agencies 
    are working together and sharing information to strengthen 
    intellectual property enforcement.
        (5) An assessment of the successes and shortcomings of the 
    efforts of the Federal Government, including departments and 
    agencies represented on the committee established under section 
    301(b)(3).
        (6) Recommendations, if any and as appropriate, for any changes 
    in enforcement statutes, regulations, or funding levels that the 
    advisory committee considers would significantly improve the 
    effectiveness or efficiency of the effort of the Federal Government 
    to combat counterfeiting and infringement and otherwise strengthen 
    intellectual property enforcement, including through the 
    elimination or consolidation of duplicative programs or 
    initiatives.
        (7) The progress made in strengthening the capacity of 
    countries to protect and enforce intellectual property rights.
        (8) The successes and challenges in sharing with other 
    countries information relating to intellectual property 
    enforcement.
        (9) The progress made under trade agreements and treaties to 
    protect intellectual property rights of United States persons and 
    their licensees.
        (10) The progress made in minimizing duplicative efforts, 
    materials, facilities, and procedures of the Federal agencies and 
    Departments responsible for the enforcement, investigation, or 
    prosecution of intellectual property crimes.
        (11) Recommendations, if any and as appropriate, on how to 
    enhance the efficiency and consistency with which Federal funds and 
    resources are expended to enforce, investigate, or prosecute 
    intellectual property crimes, including the extent to which the 
    agencies and Departments responsible for the enforcement, 
    investigation, or prosecution of intellectual property crimes have 
    utilized existing personnel, materials, technologies, and 
    facilities.
    SEC. 305. SAVINGS AND REPEALS.
    (a) Transition From NIPLECC to IPEC.--
        (1) Repeal of niplecc.--Section 653 of the Treasury and General 
    Government Appropriations Act, 2000 (15 U.S.C. 1128) is repealed 
    effective upon confirmation of the IPEC by the Senate and 
    publication of such appointment in the Congressional Record.
        (2) Continuity of performance of duties.--Upon confirmation by 
    the Senate, and notwithstanding paragraph (1), the IPEC may use the 
    services and personnel of the National Intellectual Property Law 
    Enforcement Coordination Council, for such time as is reasonable, 
    to perform any functions or duties which in the discretion of the 
    IPEC are necessary to facilitate the orderly transition of any 
    functions or duties transferred from the Council to the IPEC 
    pursuant to any provision of this Act or any amendment made by this 
    Act.
    (b) Current Authorities Not Affected.--Except as provided in 
subsection (a), nothing in this title shall alter the authority of any 
department or agency of the United States (including any independent 
agency) that relates to--
        (1) the investigation and prosecution of violations of laws 
    that protect intellectual property rights;
        (2) the administrative enforcement, at the borders of the 
    United States, of laws that protect intellectual property rights; 
    or
        (3) the United States trade agreements program or international 
    trade.
    (c) Rules of Construction.--Nothing in this title--
        (1) shall derogate from the powers, duties, and functions of 
    any of the agencies, departments, or other entities listed or 
    included under section 301(b)(3)(A); and
        (2) shall be construed to transfer authority regarding the 
    control, use, or allocation of law enforcement resources, or the 
    initiation or prosecution of individual cases or types of cases, 
    from the responsible law enforcement department or agency.
    SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as may be necessary to carry out this title.

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

    SEC. 401. LOCAL LAW ENFORCEMENT GRANTS.
    (a) Authorization.--Section 2 of the Computer Crime Enforcement Act 
(42 U.S.C. 3713) is amended--
        (1) in subsection (b), by inserting after ``computer crime'' 
    each place it appears the following: ``, including infringement of 
    copyrighted works over the Internet''; and
        (2) in subsection (e)(1), relating to authorization of 
    appropriations, by striking ``fiscal years 2001 through 2004'' and 
    inserting ``fiscal years 2009 through 2013''.
    (b) Grants.--The Office of Justice Programs of the Department of 
Justice may make grants to eligible State or local law enforcement 
entities, including law enforcement agencies of municipal governments 
and public educational institutions, for training, prevention, 
enforcement, and prosecution of intellectual property theft and 
infringement crimes (in this subsection referred to as ``IP-TIC 
grants''), in accordance with the following:
        (1) Use of ip-tic grant amounts.--IP-TIC grants may be used to 
    establish and develop programs to do the following with respect to 
    the enforcement of State and local true name and address laws and 
    State and local criminal laws on anti-infringement, anti-
    counterfeiting, and unlawful acts with respect to goods by reason 
    of their protection by a patent, trademark, service mark, trade 
    secret, or other intellectual property right under State or Federal 
    law:
            (A) Assist State and local law enforcement agencies in 
        enforcing those laws, including by reimbursing State and local 
        entities for expenses incurred in performing enforcement 
        operations, such as overtime payments and storage fees for 
        seized evidence.
            (B) Assist State and local law enforcement agencies in 
        educating the public to prevent, deter, and identify violations 
        of those laws.
            (C) Educate and train State and local law enforcement 
        officers and prosecutors to conduct investigations and forensic 
        analyses of evidence and prosecutions in matters involving 
        those laws.
            (D) Establish task forces that include personnel from State 
        or local law enforcement entities, or both, exclusively to 
        conduct investigations and forensic analyses of evidence and 
        prosecutions in matters involving those laws.
            (E) Assist State and local law enforcement officers and 
        prosecutors in acquiring computer and other equipment to 
        conduct investigations and forensic analyses of evidence in 
        matters involving those laws.
            (F) Facilitate and promote the sharing, with State and 
        local law enforcement officers and prosecutors, of the 
        expertise and information of Federal law enforcement agencies 
        about the investigation, analysis, and prosecution of matters 
        involving those laws and criminal infringement of copyrighted 
        works, including the use of multijurisdictional task forces.
        (2) Eligibility.--To be eligible to receive an IP-TIC grant, a 
    State or local government entity shall provide to the Attorney 
    General, in addition to the information regularly required to be 
    provided under the Financial Guide issued by the Office of Justice 
    Programs and any other information required of Department of 
    Justice's grantees--
            (A) assurances that the State in which the government 
        entity is located has in effect laws described in paragraph 
        (1);
            (B) an assessment of the resource needs of the State or 
        local government entity applying for the grant, including 
        information on the need for reimbursements of base salaries and 
        overtime costs, storage fees, and other expenditures to improve 
        the investigation, prevention, or enforcement of laws described 
        in paragraph (1); and
            (C) a plan for coordinating the programs funded under this 
        section with other federally funded technical assistance and 
        training programs, including directly funded local programs 
        such as the Edward Byrne Memorial Justice Assistance Grant 
        Program authorized by subpart 1 of part E of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3750 et seq.).
        (3) Matching funds.--The Federal share of an IP-TIC grant may 
    not exceed 50 percent of the costs of the program or proposal 
    funded by the IP-TIC grant.
        (4) Authorization of appropriations.--
            (A) Authorization.--There is authorized to be appropriated 
        to carry out this subsection the sum of $25,000,000 for each of 
        fiscal years 2009 through 2013.
            (B) Limitation.--Of the amount made available to carry out 
        this subsection in any fiscal year, not more than 3 percent may 
        be used by the Attorney General for salaries and administrative 
        expenses.
    SEC. 402. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR 
      ENFORCEMENT OF LAWS RELATED TO INTELLECTUAL PROPERTY CRIMES.
    (a) In General.--Subject to the availability of appropriations to 
carry out this subsection, the Attorney General, in consultation with 
the Director of the Federal Bureau of Investigation, shall, with 
respect to crimes related to the theft of intellectual property--
        (1) ensure that there are at least 10 additional operational 
    agents of the Federal Bureau of Investigation designated to support 
    the Computer Crime and Intellectual Property Section of the 
    Criminal Division of the Department of Justice in the investigation 
    and coordination of intellectual property crimes;
        (2) ensure that any Computer Hacking and Intellectual Property 
    Crime Unit in the Department of Justice is supported by at least 1 
    agent of the Federal Bureau of Investigation (in addition to any 
    agent supporting such unit as of the date of the enactment of this 
    Act) to support such unit for the purpose of investigating or 
    prosecuting intellectual property crimes;
        (3) ensure that all Computer Hacking and Intellectual Property 
    Crime Units located at an office of a United States Attorney are 
    assigned at least 2 Assistant United States Attorneys responsible 
    for investigating and prosecuting computer hacking or intellectual 
    property crimes; and
        (4) ensure the implementation of a regular and comprehensive 
    training program--
            (A) the purpose of which is to train agents of the Federal 
        Bureau of Investigation in the investigation and prosecution of 
        such crimes and the enforcement of laws related to intellectual 
        property crimes; and
            (B) that includes relevant forensic training related to 
        investigating and prosecuting intellectual property crimes.
    (b) Organized Crime Plan.--Subject to the availability of 
appropriations to carry out this subsection, and not later than 180 
days after the date of the enactment of this Act, the Attorney General, 
through the United States Attorneys' Offices, the Computer Crime and 
Intellectual Property section, and the Organized Crime and Racketeering 
section of the Department of Justice, and in consultation with the 
Federal Bureau of Investigation and other Federal law enforcement 
agencies, such as the Department of Homeland Security, shall create and 
implement a comprehensive, long-range plan to investigate and prosecute 
international organized crime syndicates engaging in or supporting 
crimes relating to the theft of intellectual property.
    (c) Authorization.--There are authorized to be appropriated to 
carry out this section $10,000,000 for each of fiscal years 2009 
through 2013.
    SEC. 403. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND 
      PROSECUTE INTELLECTUAL PROPERTY CRIMES AND OTHER CRIMINAL 
      ACTIVITY INVOLVING COMPUTERS.
    (a) Additional Funding for Resources.--
        (1) Authorization.--In addition to amounts otherwise authorized 
    for resources to investigate and prosecute intellectual property 
    crimes and other criminal activity involving computers, there are 
    authorized to be appropriated for each of the fiscal years 2009 
    through 2013--
            (A) $10,000,000 to the Director of the Federal Bureau of 
        Investigation; and
            (B) $10,000,000 to the Attorney General for the Criminal 
        Division of the Department of Justice.
        (2) Availability.--Any amounts appropriated under paragraph (1) 
    shall remain available until expended.
    (b) Use of Additional Funding.--Funds made available under 
subsection (a) shall be used by the Director of the Federal Bureau of 
Investigation and the Attorney General, for the Federal Bureau of 
Investigation and the Criminal Division of the Department of Justice, 
respectively, to--
        (1) hire and train law enforcement officers to--
            (A) investigate intellectual property crimes and other 
        crimes committed through the use of computers and other 
        information technology, including through the use of the 
        Internet; and
            (B) assist in the prosecution of such crimes; and
        (2) enable relevant units of the Department of Justice, 
    including units responsible for investigating computer hacking or 
    intellectual property crimes, to procure advanced tools of forensic 
    science and expert computer forensic assistance, including from 
    non-governmental entities, to investigate, prosecute, and study 
    such crimes.
    SEC. 404. ANNUAL REPORTS.
    (a) Report of the Attorney General.--Not later than 1 year after 
the date of the enactment of this Act, and annually thereafter, the 
Attorney General shall submit a report to Congress on actions taken to 
carry out this title. The initial report required under this subsection 
shall be submitted by May 1, 2009. All subsequent annual reports shall 
be submitted by May 1st of each fiscal year thereafter. The report 
required under this subsection may be submitted as part of the annual 
performance report of the Department of Justice, and shall include the 
following:
        (1) With respect to grants issued under section 401, the number 
    and identity of State and local law enforcement grant applicants, 
    the number of grants issued, the dollar value of each grant, 
    including a break down of such value showing how the recipient used 
    the funds, the specific purpose of each grant, and the reports from 
    recipients of the grants on the efficacy of the program supported 
    by the grant. The Department of Justice shall use the information 
    provided by the grant recipients to produce a statement for each 
    individual grant. Such statement shall state whether each grantee 
    has accomplished the purposes of the grant as established in 
    section 401(b). Those grantees not in compliance with the 
    requirements of this title shall be subject, but not limited to, 
    sanctions as described in the Financial Guide issued by the Office 
    of Justice Programs at the Department of Justice.
        (2) With respect to the additional agents of the Federal Bureau 
    of Investigation authorized under paragraphs (1) and (2) of section 
    402(a), the number of investigations and actions in which such 
    agents were engaged, the type of each action, the resolution of 
    each action, and any penalties imposed in each action.
        (3) With respect to the training program authorized under 
    section 402(a)(4), the number of agents of the Federal Bureau of 
    Investigation participating in such program, the elements of the 
    training program, and the subject matters covered by the program.
        (4) With respect to the organized crime plan authorized under 
    section 402(b), the number of organized crime investigations and 
    prosecutions resulting from such plan.
        (5) With respect to the authorizations under section 403--
            (A) the number of law enforcement officers hired and the 
        number trained;
            (B) the number and type of investigations and prosecutions 
        resulting from the hiring and training of such law enforcement 
        officers;
            (C) the defendants involved in any such prosecutions;
            (D) any penalties imposed in each such successful 
        prosecution;
            (E) the advanced tools of forensic science procured to 
        investigate, prosecute, and study computer hacking or 
        intellectual property crimes; and
            (F) the number and type of investigations and prosecutions 
        in such tools were used.
        (6) Any other information that the Attorney General may 
    consider relevant to inform Congress on the effective use of the 
    resources authorized under sections 401, 402, and 403.
        (7) A summary of the efforts, activities, and resources the 
    Department of Justice has allocated to the enforcement, 
    investigation, and prosecution of intellectual property crimes, 
    including--
            (A) a review of the policies and efforts of the Department 
        of Justice related to the prevention and investigation of 
        intellectual property crimes, including efforts at the Office 
        of Justice Programs, the Criminal Division of the Department of 
        Justice, the Executive Office of United States Attorneys, the 
        Office of the Attorney General, the Office of the Deputy 
        Attorney General, the Office of Legal Policy, and any other 
        agency or bureau of the Department of Justice whose activities 
        relate to intellectual property;
            (B) a summary of the overall successes and failures of such 
        policies and efforts;
            (C) a review of the investigative and prosecution activity 
        of the Department of Justice with respect to intellectual 
        property crimes, including--
                (i) the number of investigations initiated related to 
            such crimes;
                (ii) the number of arrests related to such crimes; and
                (iii) the number of prosecutions for such crimes, 
            including--

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

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

                         TITLE V--MISCELLANEOUS

    SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF 
      MANUFACTURERS.
    (a) Study.--The Comptroller General of the United States shall 
conduct a study to help determine how the Federal Government could 
better protect the intellectual property of manufacturers by 
quantification of the impacts of imported and domestic counterfeit 
goods on--
        (1) the manufacturing industry in the United States; and
        (2) the overall economy of the United States.
    (b) Contents.--In conducting the study required under subsection 
(a), the Comptroller General shall examine--
        (1) the extent that counterfeit manufactured goods are actively 
    being trafficked in and imported into the United States;
        (2) the impacts on domestic manufacturers in the United States 
    of current law regarding defending intellectual property, including 
    patent, trademark, and copyright protections;
        (3) the nature and scope of current statutory law and case law 
    regarding protecting trade dress from being illegally copied;
        (4) the extent which such laws are being used to investigate 
    and prosecute acts of trafficking in counterfeit manufactured 
    goods;
        (5) any effective practices or procedures that are protecting 
    all types of intellectual property; and
        (6) any changes to current statutes or rules that would need to 
    be implemented to more effectively protect the intellectual 
    property rights of manufacturers.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the results of the study required under subsection (a).
    SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND EFFICIENCY.
    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General shall conduct an audit and submit a report to the 
Committee on the Judiciary of the Senate and to the Committee on the 
Judiciary of the House of Representatives on--
        (1) the efforts, activities, and actions of the Intellectual 
    Property Enforcement Coordinator and the Attorney General in 
    achieving the goals and purposes of this Act, as well as in 
    carrying out any responsibilities or duties assigned to each such 
    individual or agency under this Act;
        (2) any possible legislative, administrative, or regulatory 
    changes that Comptroller General recommends be taken by or on 
    behalf of the Intellectual Property Enforcement Coordinator or the 
    Attorney General to better achieve such goals and purposes, and to 
    more effectively carry out such responsibilities and duties;
        (3) the effectiveness of any actions taken and efforts made by 
    the Intellectual Property Enforcement Coordinator and the Attorney 
    General to--
            (A) minimize duplicating the efforts, materials, 
        facilities, and procedures of any other Federal agency 
        responsible for the enforcement, investigation, or prosecution 
        of intellectual property crimes; and
            (B) enhance the efficiency and consistency with which 
        Federal funds and resources are expended to enforce, 
        investigate, or prosecute intellectual property crimes, 
        including whether the IPEC has utilized existing personnel, 
        materials, technologies, and facilities, such as the National 
        Intellectual Property Rights Coordination Center established at 
        the Department of Homeland Security; and
        (4) any actions or efforts that the Comptroller General 
    recommends be taken by or on behalf of the Intellectual Property 
    Enforcement Coordinator and the Attorney General to reduce 
    duplication of efforts and increase the efficiency and consistency 
    with which Federal funds and resources are expended to enforce, 
    investigate, or prosecute intellectual property crimes.
    SEC. 503. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) the United States intellectual property industries have 
    created millions of high-skill, high-paying United States jobs and 
    pay billions of dollars in annual United States tax revenues;
        (2) the United States intellectual property industries continue 
    to represent a major source of creativity and innovation, business 
    start-ups, skilled job creation, exports, economic growth, and 
    competitiveness;
        (3) counterfeiting and infringement results in billions of 
    dollars in lost revenue for United States companies each year and 
    even greater losses to the United States economy in terms of 
    reduced job growth, exports, and competitiveness;
        (4) the growing number of willful violations of existing 
    Federal criminal laws involving counterfeiting and infringement by 
    actors in the United States and, increasingly, by foreign-based 
    individuals and entities is a serious threat to the long-term 
    vitality of the United States economy and the future 
    competitiveness of United States industry;
        (5) terrorists and organized crime utilize piracy, 
    counterfeiting, and infringement to fund some of their activities;
        (6) effective criminal enforcement of the intellectual property 
    laws against violations in all categories of works should be among 
    the highest priorities of the Attorney General;
        (7) with respect to all crimes related to the theft of 
    intellectual property, the Attorney General shall give priority to 
    cases with a nexus to terrorism and organized crime; and
        (8) with respect to criminal counterfeiting and infringement of 
    computer software, including those by foreign-owned or foreign-
    controlled entities, the Attorney General should give priority to 
    cases--
            (A) involving the willful theft of intellectual property 
        for purposes of commercial advantage or private financial gain;
            (B) where the theft of intellectual property is central to 
        the sustainability and viability of the commercial activity of 
        the enterprise (or subsidiary) involved in the violation;
            (C) where the counterfeited or infringing goods or services 
        enables the enterprise to unfairly compete against the 
        legitimate rights holder; or
            (D) where there is actual knowledge of the theft of 
        intellectual property by the directors or officers of the 
        enterprise.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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