(3) any foreign subsidiary or affiliate (including 
any permanent foreign establishment) of any domes-
tic concern that is controlled in fact by such domes-
tic 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 de-
scribed in paragraph (1), (2), or (3). 
TITLE 
I—ENHANCEMENTS 
TO 
CIVIL INTELLECTUAL PROP-
ERTY LAWS 
SEC. 101. REGISTRATION OF CLAIM. 
Section 410 of title 17, United States Code, is 
amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) A certificate of registration satisfies the re-
quirements of section 411 and section 412 regardless of 
any inaccurate information contained in the certificate, 
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 Copy-
rights to refuse registration. 
‘‘(2) In any case in which inaccuracies described 
under paragraph (1) are alleged, the court shall request 
the Register of Copyrights to advise the court whether the 
inaccuracy of the information, if known, would have 
caused the Register of Copyrights to refuse registration. 
The Register shall respond to the court’s request within 
45 days after the request is made. 
‘‘(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 sections 411 and 412.’’. 
SEC. 102. REGISTRATION AND INFRINGEMENT ACTIONS. 
(a) REGISTRATION
IN CIVIL INFRINGEMENT AC-
TIONS.—Section 411 of title 17, United States Code, is 
amended— 
(1) in the section heading, by inserting ‘‘civil’’ 
after ‘‘and’’ ; and 
(2) in subsection (a), by striking ‘‘no action’’ 
and inserting ‘‘no civil action’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 411(b) of title 17, United States Code, is amended
by striking ‘‘506 and sections 509 and’’ and inserting 
‘‘505 and section’’. 
SEC. 103. CIVIL REMEDIES FOR INFRINGEMENT. 
Section 503(a) of title 17, United States Code, is 
amended— 
(1) by striking ‘‘and of all plates’’ and inserting 
‘‘of all plates’’; and 
(2) by striking the period at the end and insert-
ing the following: ‘‘, and records documenting the 
manufacture, sale, or receipt of things involved in 
such violation. The court shall enter an appropriate 
protective order with respect to discovery by the ap-
plicant of any records that have been seized. The 
protective order shall provide for appropriate proce-
dures to assure that confidential information con-
tained in such records is not improperly disclosed to 
the applicant.’’. 
SEC. 104. 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 great-
er, together with a reasonable attorney’s fee, if the viola-
tion 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 dis-
tribution of goods or services; 
‘‘(2) intentionally inducing another to engage in 
a violation specified in paragraph (1); or 
‘‘(3) 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 claim-
ant’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. 105. 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. 106. EXPORTATION OF GOODS BEARING INFRINGING 
MARKS. 
Title VII of the Trademark Act of 1946 (15 U.S.C. 
1124) is amended— 
(1) in the title heading, by inserting after ‘‘IM-
PORTATION’’ 
the 
following: 
‘‘OR 
EXPOR-
TATION’’; and 
(2) in section 42— 
(A) by striking the word ‘‘imported’’; and 
(B) by inserting after ‘‘customhouse of the 
United States’’ the following: ‘‘, nor shall any 
such article be exported from the United 
States’’.
SEC. 107. 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 REQUIRE-
MENTS, IMPORTATION, AND EXPOR-
TATION’’. 
(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) IN-
FRINGING IMPORTATION AND EXPORTATION.— 
‘‘(1) IMPORTATION.—’’; 
(3) by striking ‘‘This subsection does not apply 
to—’’ and inserting the following: 
‘‘(2) IMPORTATION
OR
EXPORTATION
OF
IN-
FRINGING
ITEMS.—Importation into the United 
States or exportation from the United States, with-
out the authority of the owner of copyright under 
this title, of copies or phonorecords, the making of 
which either constituted an infringement of copy-
right or would have constituted an infringement of 
copyright if this title had been applicable, is an in-
fringement 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 pri-
vate use of the importer’’ and inserting ‘‘impor-
tation 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 insert-
ing ‘‘(b) IMPORT PROHIBITION.—In a case’’; 
(ii) by striking ‘‘the United States Cus-
toms Service’’ and inserting ‘‘U.S. Customs and 
Border Protection’’; and
(iii) by striking ‘‘the Customs Service’’ and 
inserting ‘‘U.S. Customs and Border Protec-
tion’’. 
(2) Section 601(b)(2) of title 17, United States Code, 
is amended by striking ‘‘the United States Customs Serv-
ice’’ and inserting ‘‘U.S. 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 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 in-
serting ‘‘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 in-
serting ‘‘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 fel-
ony and’’ after ‘‘offense’’ the first place such term 
appears. 
SEC. 202. HARMONIZATION OF FORFEITURE PROCEDURES 
FOR INTELLECTUAL PROPERTY OFFENSES. 
(a) TRAFFICKING IN COUNTERFEIT LABELS.—Sec-
tion 2318 of title 18, United States Code, is amended— 
(1) by amending subsection (d) to read as fol-
lows: 
‘‘(d) FORFEITURE
AND DESTRUCTION; RESTITU-
TION.— 
‘‘(1) CIVIL
FORFEITURE
PROCEEDINGS.—(A) 
The following property is subject to forfeiture to the 
United States:
‘‘(i) Any counterfeit documentation or 
packaging, and any counterfeit label or illicit 
label and any article to which a counterfeit 
label or illicit label has been affixed, which a 
counterfeit label or illicit label encloses or ac-
companies, or which was intended to have had 
such label affixed, enclosing, or accompanying. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of a violation of subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or facilitate the commission of 
a violation of subsection (a) that is owned or 
predominantly controlled by the violator or by a 
person conspiring with or aiding and abetting 
the violator in committing the violation, except 
that property is subject to forfeiture under this 
clause only if the Government establishes that 
there was a substantial connection between the 
property and the violation of subsection (a). 
‘‘(B) The provisions of chapter 46 relating to 
civil forfeitures shall extend to any seizure or civil 
forfeiture under subparagraph (A). At the conclusion 
of the forfeiture proceedings, the court shall order
that any forfeited counterfeit labels or illicit labels 
and any article to which a counterfeit label or illicit 
label has been affixed, which a counterfeit label or 
illicit label encloses or accompanies, or which was in-
tended to have had such label affixed, enclosing, or 
accompanying, be destroyed or otherwise disposed of 
according to law. 
‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means knowingly providing aid to the viola-
tor with the intent to facilitate the violation. 
‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— 
(A) The court, in imposing sentence on a person 
convicted of an offense under this section, shall 
order, in addition to any other sentence imposed, 
that the person forfeit to the United States the fol-
lowing property: 
‘‘(i) Any counterfeit documentation or 
packaging, and any counterfeit label or illicit 
label, that was used, intended for use, or pos-
sessed with intent to use in the commission of 
an offense under subsection (a), and any article 
to which such a counterfeit label or illicit label 
has been affixed, which such a counterfeit label 
or illicit label encloses or accompanies, or which
was intended to have had such label affixed, en-
closing, or accompanying. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of an offense under subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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 sec-
tion. At the conclusion of the forfeiture proceedings, 
the court shall order that any counterfeit label or il-
licit label and any article to which a counterfeit label 
or illicit label has been affixed, which a counterfeit 
label or illicit label encloses or accompanies, or 
which was intended to have had such label affixed, 
enclosing, or accompanying, be destroyed or other-
wise disposed of according to law.
‘‘(3) RESTITUTION.—When a person is con-
victed of an offense under this section, the court, 
pursuant to sections 3556, 3663A, and 3664, shall 
order the person to pay restitution to the owner of 
the marks or copyrighted works involved in the of-
fense and any other victim of the offense as an of-
fense against property referred to in section 
3663A(c)(1)(A)(ii).’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsection (f) as sub-
section (e). 
(b) CRIMINAL INFRINGEMENT OF A COPYRIGHT.— 
(1) IN
GENERAL.—Section 2319 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘(g) FORFEITURE
AND DESTRUCTION; RESTITU-
TION.— 
‘‘(1) CIVIL
FORFEITURE
PROCEEDINGS.—(A) 
The following property is subject to forfeiture to the 
United States: 
‘‘(i) Any copies or phonorecords manufac-
tured, reproduced, distributed, sold, or other-
wise used, intended for use, or possessed with 
intent to use in violation of section 506(a) of 
title 17, any plates, molds, matrices, masters,
tapes, film negatives, or other articles by means 
of which such copies or phonorecords may be 
made, and any electronic, mechanical, or other 
devices for manufacturing, reproducing, or as-
sembling such copies or phonorecords. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of a violation of section 
506(a) of title 17. 
‘‘(iii) Any property used, or intended to be 
used, to commit or facilitate the commission of 
a violation of section 506(a) of title 17 that is 
owned or predominantly controlled by the viola-
tor or by a person conspiring with or aiding and 
abetting the violator in committing the viola-
tion, except that property is subject to for-
feiture under this clause only if the Government 
establishes that there was a substantial connec-
tion between the property and the violation of 
section 506(a) of title 17. 
‘‘(B) The provisions of chapter 46 relating to 
civil forfeitures shall extend to any seizure or civil 
forfeiture under this section. At the conclusion of 
the forfeiture proceedings, the court shall order that 
any forfeited infringing copies or phonorecords, and
any plates, molds, matrices, masters, tapes, and film 
negatives by means of which such unauthorized cop-
ies or phonorecords may be made, be destroyed or 
otherwise disposed of according to law. 
‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means knowingly providing aid to the viola-
tor with the intent to facilitate the violation. 
‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— 
(A) The court, in imposing sentence on a person 
convicted of an offense under subsection (a), shall 
order, in addition to any other sentence imposed, 
that the person forfeit to the United States the fol-
lowing property: 
‘‘(i) Any copies or phonorecords manufac-
tured, reproduced, distributed, sold, or other-
wise used, intended for use, or possessed with 
intent to use in the commission of an offense 
under subsection (a), any plates, molds, mat-
rices, masters, tapes, film negatives, or other 
articles by means of which the copies or 
phonorecords may be reproduced, and any elec-
tronic, mechanical, or other devices for manu-
facturing, reproducing, or assembling such cop-
ies or phonorecords.
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of an offense under subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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 sec-
tion. At the conclusion of the forfeiture proceedings, 
the court shall order that any forfeited infringing 
copies or phonorecords, and any plates, molds, mat-
rices, masters, tapes, and film negatives by means of 
which such infringing copies or phonorecords may be 
made, be destroyed or otherwise disposed of accord-
ing to law. 
‘‘(3) RESTITUTION.—When a person is con-
victed of an offense under this section, the court, 
pursuant to sections 3556, 3663A, and 3664, shall 
order the person to pay restitution to the copyright
‘‘(1) CIVIL
FORFEITURE
PROCEEDINGS.—(A) 
The following property is subject to forfeiture to the 
United States: 
‘‘(i) Any copies or phonorecords of a live 
musical performance described in subsection 
(a)(1) that are made without the consent of the 
performer or performers involved, and any 
plates, molds, matrices, masters, tapes, and 
film negatives by means of which such copies or 
phonorecords may be made. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of a violation of subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or facilitate the commission of 
a violation of subsection (a) that is owned or 
predominantly controlled by the violator or by a 
person conspiring with or aiding and abetting 
the violator in committing the violation, except 
that property is subject to forfeiture under this 
clause only if the Government establishes that 
there was a substantial connection between the 
property and the violation of subsection (a).
means of which such copies or phonorecords 
may be made. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of an offense under subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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 sec-
tion. At the conclusion of the forfeiture proceedings, 
the court shall order that any forfeited unauthorized 
copies or phonorecords of live musical performances, 
and any plates, molds, matrices, masters, tapes, and 
film negatives by means of which such unauthorized 
copies of phonorecords may be made, be destroyed 
or otherwise disposed of according to law. 
‘‘(3) NOTIFICATION
OF
IMPORTATION.—The 
Secretary of Homeland Security shall issue regula-
tions by which any performer may, upon payment of 
a specified fee, be entitled to notification by U.S. 
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 prohibited by 
this section. 
‘‘(4) RESTITUTION.—When a person is con-
victed of an offense under this section, the court, 
pursuant to sections 3556, 3663A, and 3664, shall 
order the person to pay restitution to the performer 
or performers involved, and any other victim of the 
offense as an offense against property referred to in 
section 3663A(c)(1)(A)(ii).’’. 
(2) APPLICABILITY.—Section 2319A(e), as re-
designated by paragraph (1) of this subsection, is 
amended by inserting before the period the fol-
lowing: ‘‘, except that the forfeiture provisions under 
subsection (b)(2), as added by the Prioritizing Re-
sources and Organization for Intellectual Property 
Act, shall apply only in a case in which the under-
lying act or acts occur on or after the date of the 
enactment of that Act’’.
(d) UNAUTHORIZED RECORDING OF MOTION PIC-
TURES.—Section 2319B(b) of title 18, United States 
Code, is amended to read as follows: 
‘‘(b) FORFEITURE
AND DESTRUCTION; RESTITU-
TION.— 
‘‘(1) CIVIL
FORFEITURE
PROCEEDINGS.—(A) 
The following property is subject to forfeiture to the 
United States: 
‘‘(i) Any copies of a motion picture or 
other audiovisual work protected under title 17 
that are made without the authorization of the 
copyright owner. 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of a violation of subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or facilitate the commission of 
a violation of subsection (a) that is owned or 
predominantly controlled by the violator or by a 
person conspiring with or aiding and abetting 
the violator in committing the violation, except 
that property is subject to forfeiture under this 
clause only if the Government establishes that
there was a substantial connection between the 
property and the violation of subsection (a). 
‘‘(B) The provisions of chapter 46 relating to 
civil forfeitures shall extend to any seizure or civil 
forfeiture under this section. At the conclusion of 
the forfeiture proceedings, the court shall order that 
any forfeited unauthorized copies or phonorecords of 
a motion picture or other audiovisual work, or part 
thereof, and any plates, molds, matrices, masters, 
tapes, and film negatives by means of which such 
unauthorized copies or phonorecords may be made, 
be destroyed or otherwise disposed of according to 
law. 
‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means knowingly providing aid to the viola-
tor with the intent to facilitate the violation. 
‘‘(2) CRIMINAL FORFEITURE PROCEEDINGS.— 
(A) The court, in imposing sentence on a person 
convicted of an offense under this section, shall 
order, in addition to any other sentence imposed, 
that the person forfeit to the United States the fol-
lowing property: 
‘‘(i) Any unauthorized copies of a motion 
picture or other audiovisual work protected 
under title 17, or part thereof, that were used,
intended for use, or possessed with intent to use 
in the commission of an offense under sub-
section (a). 
‘‘(ii) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of an offense under subsection 
(a). 
‘‘(iii) Any property used, or intended to be 
used, to commit or substantially facilitate the 
commission of an offense under subsection (a). 
‘‘(B) The forfeiture of property under subpara-
graph (A), including any seizure and disposition of 
the property and any related judicial or administra-
tive 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 sec-
tion. At the conclusion of the forfeiture proceedings, 
the court shall order that any forfeited unauthorized 
copies or phonorecords of a motion picture or other 
audiovisual work, or part thereof, and any plates, 
molds, matrices, masters, tapes, and film negatives 
by means of which such unauthorized copies or 
phonorecords may be made, be destroyed or other-
wise disposed of according to law.
‘‘(3) RESTITUTION.—When a person is con-
victed of an offense under this chapter, the court, 
pursuant to sections 3556, 3663A, and 3664, shall 
order the person to pay restitution to the owner of 
the copyright in the motion picture or other audio-
visual work and any other victim of the offense as 
an offense against property referred to in section 
3663A(c)(1)(A)(ii).’’. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply only in a case in which the underlying 
act or acts occur on or after the date of the enactment 
of this Act. 
SEC. 203. DIRECTIVE TO UNITED STATES SENTENCING 
COMMISSION. 
(a) REVIEW AND AMENDMENT.—The United States 
Sentencing Commission, pursuant to its authority under 
section 994 of title 28, United States Code, shall review 
and, if appropriate, amend the Federal sentencing guide-
lines and policy statements applicable in any case sen-
tenced under section 2B5.3 of the Federal sentencing 
guidelines for exporting infringing items in violation of 
section 602(a)(2) of title 17, United States Code, to deter-
mine whether a defendant in such case should receive an 
upward adjustment in the offense level, on the grounds 
that exportation introduces infringing items into the
stream of foreign commerce in a manner analogous to the 
manner in which manufacturing, importing, and uploading 
such items introduces them into the stream of commerce. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may amend the Federal sentencing guidelines 
under subsection (a) in accordance with the procedures set 
forth in section 21(a) of the Sentencing Act of 1987 (28 
U.S.C. 994 note) as though the authority under that sec-
tion had not expired. 
SEC. 204. TRAFFICKING IN COUNTERFEIT GOODS OR SERV-
ICES. 
(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 of-
fender knowingly or recklessly causes or at-
tempts to cause serious bodily injury from con-
duct 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 im-
prisonment for any term of years or for life, or 
both.’’; and 
(2) in subsection (b)(l)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) Any property constituting or derived 
from any proceeds obtained directly or indi-
rectly as a result of a violation of subsection 
(a).’’.
TITLE III—COORDINATION AND 
STRATEGIC 
PLANNING 
OF 
FEDERAL EFFORT AGAINST 
COUNTERFEITING 
AND 
PI-
RACY 
Subtitle A—Office of the United 
States Intellectual Property En-
forcement Representative 
SEC. 301. OFFICE OF THE UNITED STATES INTELLECTUAL 
PROPERTY 
ENFORCEMENT 
REPRESENTA-
TIVE. 
(a) ESTABLISHMENT WITHIN EXECUTIVE OFFICE OF 
THE PRESIDENT.—There is established within the Execu-
tive Office of the President the Office of the United States 
Intellectual Property Enforcement Representative (in this 
title referred to as ‘‘the Office’’). 
(b) UNITED STATES INTELLECTUAL PROPERTY EN-
FORCEMENT REPRESENTATIVE.—The head of the Office 
shall be the United States Intellectual Property Enforce-
ment Representative (in this title referred to as the ‘‘IP 
Enforcement Representative’’) who shall be appointed by 
the President, by and with the advice and consent of the 
Senate. As an exercise of the rulemaking power of the 
Senate, any nomination of the IP Enforcement Represent-
ative submitted to the Senate for confirmation, and re-
ferred to a committee, shall be referred to the Committee 
on the Judiciary. 
(c) DUTIES
OF IP ENFORCEMENT REPRESENTA-
TIVE.— 
(1) IN GENERAL.—The IP Enforcement Rep-
resentative shall— 
(A) have primary responsibility for devel-
oping the Joint Strategic Plan against counter-
feiting and piracy under section 321 and facili-
tating the implementation of the Joint Strategic 
Plan by the departments and agencies listed in 
subsection (d)(2)(A); 
(B) serve as a principal advisor to the 
President on domestic and international intel-
lectual property enforcement policy; 
(C) assist the United States Trade Rep-
resentative— 
(i) concerning negotiations on behalf 
of the United States relating to inter-
national intellectual property enforcement, 
including negotiations on any intellectual 
property enforcement matter considered 
under the auspices of the World Trade Or-
ganization or in the course of commodity
or direct investment negotiations in which 
the United States participates; and 
(ii) in the programs of the United 
States Trade Representative to monitor 
and enforce intellectual property enforce-
ment obligations of other countries under 
trade agreements with the United States; 
(D) coordinate the issuance of policy guid-
ance to departments and agencies on basic 
issues of policy and interpretation that arise in 
the exercise of domestic and international intel-
lectual property enforcement functions, to the 
extent necessary to assure the coordination of 
intellectual property enforcement policy and 
consistency with any other law; 
(E) act as a principal spokesperson of the 
President on domestic and international intel-
lectual property enforcement matters; 
(F) report directly to the President and 
the Congress regarding domestic and inter-
national intellectual property enforcement pro-
grams; 
(G) advise the President and the Congress 
with respect to domestic and international intel-
pose of providing to the President advice on 
overall policies in which intellectual property en-
forcement matters predominate; and 
(B) be included as a participant in eco-
nomic summit and other international meetings 
at which international intellectual property en-
forcement is a significant topic. 
(4) DELEGATION.—The IP Enforcement Rep-
resentative may— 
(A) delegate any of the IP Enforcement 
Representative’s functions, powers, and duties 
to such officers and employees of the Office as 
the IP Enforcement Representative may des-
ignate; and 
(B) authorize such successive redelegations 
of such functions, powers, and duties to such 
officers and employees of the Office as the IP 
Enforcement Representative considers appro-
priate. 
(d) COORDINATION
OF INTELLECTUAL PROPERTY 
ENFORCEMENT ACTIONS.— 
(1) IN GENERAL.—In carrying out the func-
tions of the IP Enforcement Representative, the IP 
Enforcement Representative 
shall 
develop 
rec-
ommendations on the allocation of Federal resources 
for intellectual property enforcement. 
(2) ADVISORY COMMITTEE.— 
(A) ESTABLISHMENT.—There is estab-
lished an interagency intellectual property en-
forcement advisory committee composed of the 
IP Enforcement Representative, who shall chair 
the committee, and senior representatives of the 
following departments and agencies who are in-
volved in intellectual property enforcement, and 
are appointed by the respective heads of those 
departments and agencies: 
(i) The Department of Justice (in-
cluding the Intellectual Property Enforce-
ment Officer appointed under section 501). 
(ii) The United States Patent and 
Trademark Office and other relevant units 
of the Department of Commerce. 
(iii) The Office of the United States 
Trade Representative. 
(iv) The Department of State (includ-
ing the United States Agency for Inter-
national Development and the Bureau of 
International Narcotics Law Enforcement).
(v) The Department of Homeland Se-
curity (including U.S. Customs and Border 
Protection and U.S. Immigration and Cus-
toms Enforcement). 
(vi) The United States International 
Trade Commission. 
(vii) The Food and Drug Administra-
tion of the Department of Health and 
Human Services. 
(viii) The United States Copyright Of-
fice. 
(ix) Such other agencies as the IP 
Enforcement Representative determines to 
be substantially involved in the efforts of 
the Federal Government to combat coun-
terfeiting and piracy. 
(B) FUNCTIONS.—The advisory committee 
established under subparagraph (A) shall, 
under the guidance of the IP Enforcement Rep-
resentative, develop the Joint Strategic Plan 
against counterfeiting and piracy under section 
321. 
(3) EXEMPTION
FROM
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act shall not apply to the interagency intellectual
property enforcement advisory committee established 
under paragraph (2) or to any of the activities con-
ducted by the IP Enforcement Representative in de-
veloping the Joint Strategic Plan under section 321. 
(e) IDENTIFICATION
OF COUNTRIES THAT DENY 
ADEQUATE PROTECTION OF INTELLECTUAL PROPERTY 
RIGHTS.—Section 182(b)(2)(A) of the Trade Act of 1974 
(19 U.S.C. 2242(b)(2)(A)) is amended by inserting ‘‘the 
United States Intellectual Property Enforcement Rep-
resentative,’’ after ‘‘consult with’’. 
(f) POWERS
OF IP ENFORCEMENT REPRESENTA-
TIVE.—In carrying out the responsibilities under this title, 
the IP Enforcement Representative may— 
(1) select, appoint, employ, and fix the com-
pensation of such officers and employees as may be 
necessary to carry out those responsibilities; 
(2) request the head of a department, agency, 
or program of the Federal Government to place per-
sonnel of such department, agency, or program who 
are engaged in intellectual property enforcement ac-
tivities on temporary detail to the Office of the IP 
Enforcement Representative to assist in carrying out 
those responsibilities; 
(3) use, with the consent of the Federal, State, 
and local government agencies concerned, the avail-
able services, equipment, personnel, and facilities of 
such Federal, State, and local government agencies; 
(4) procure the services of experts and consult-
ants in accordance with section 3109 of title 5, 
United States Code, relating to the procurement of 
temporary and intermittent services, at rates of com-
pensation for individuals not to exceed the daily 
equivalent of the rate of pay payable under level IV 
of the Executive Schedule under section 5315 of title 
5, United States Code, and while such experts and 
consultants are so serving away from their homes or 
regular place of business, pay such employees travel 
expenses and per diem in lieu of subsistence at rates 
authorized by section 5703 of title 5, United States 
Code, for persons in Government service employed 
intermittently; 
(5) issue such regulations as may be necessary 
to carry out the functions vested in the IP Enforce-
ment Representative; 
(6) enter into and perform such contracts, 
leases, cooperative agreements, or other transactions 
as may be necessary in the conduct of the work of 
the Office and on such terms as the IP Enforcement 
Representative considers appropriate, with any de-
partment, agency, or instrumentality of the United
States, or with any public or private person, firm, 
association, corporation, or institution; 
(7) accept voluntary and uncompensated serv-
ices, notwithstanding the provisions of section 1342 
of title 31, United States Code; 
(8) adopt an official seal, which shall be judi-
cially noticed; and 
(9) accept, hold, administer, and use gifts, de-
vises, and bequests of property, both real and per-
sonal, for the purpose of aiding or facilitating the 
work of the Office. 
(g) COMPENSATION.—Section 5312 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘United States Intellectual Property Enforce-
ment Representative.’’. 
SEC. 302. DEFINITION. 
For purposes of this title, the term ‘‘intellectual prop-
erty enforcement’’ means matters relating to the enforce-
ment of laws protecting copyrights, patents, trademarks, 
other forms of intellectual property, and trade secrets, 
both in the United States and abroad, including in par-
ticular matters relating to combating counterfeit and pi-
rated goods.
Subtitle B—Joint Strategic Plan 
SEC. 321. JOINT STRATEGIC PLAN. 
(a) PURPOSE.—The objectives of the Joint Strategic 
Plan against counterfeiting and piracy that is referred to 
in section 301(c)(1)(A) (in this section referred to as the 
‘‘joint strategic plan’’) are the following: 
(1) Reducing counterfeit and pirated goods in 
the domestic and international supply chain. 
(2) Identifying and addressing structural weak-
nesses, systemic flaws, or other unjustified impedi-
ments to effective enforcement action against the fi-
nancing, production, trafficking, or sale of counter-
feit or pirated goods. 
(3) Assuring that information is identified and 
shared among the relevant departments and agen-
cies, to the extent permitted by law and consistent 
with law enforcement protocols for handling infor-
mation, to aid in the objective of arresting and pros-
ecuting individuals and entities that are knowingly 
involved in the financing, production, trafficking, or 
sale of counterfeit or pirated goods. 
(4) Disrupting and eliminating domestic and 
international counterfeiting and piracy networks. 
(5) Strengthening the capacity of other coun-
tries to protect and enforce intellectual property
rights, and reducing the number of countries that 
fail to enforce laws preventing the financing, produc-
tion, trafficking, and sale of counterfeit and pirated 
goods. 
(6) Working with other countries to establish 
international standards and policies for the effective 
protection and enforcement of intellectual property 
rights. 
(7) Protecting intellectual property rights over-
seas by— 
(A) working with other countries to ensure 
that such countries— 
(i) have adequate and effective laws 
protecting copyrights, trademarks, patents, 
and other forms of intellectual property; 
(ii) have legal regimes that enforce 
their own domestic intellectual property 
laws, eliminate counterfeit and piracy oper-
ations, and arrest and prosecute those who 
commit intellectual property crimes; 
(iii) provide their law enforcement of-
ficials with the authority to seize, inspect, 
and destroy pirated and counterfeit goods, 
including at ports of entry; and
(iv) provide for the seizure of property 
used to produce pirated and counterfeit 
goods; 
(B) exchanging information with appro-
priate law enforcement agencies in other coun-
tries relating to individuals and entities involved 
in the financing, production, trafficking, or sale 
of pirated or counterfeit goods; 
(C) using the information described in sub-
paragraph (B) to conduct enforcement activities 
in cooperation with appropriate law enforce-
ment agencies in other countries; and 
(D) building a formal process for con-
sulting with companies, industry associations, 
labor unions, and other interested groups in 
other countries with respect to intellectual prop-
erty enforcement. 
(b) TIMING.—Not later than 12 months after the 
date of the enactment of this Act, and not later than De-
cember 31 of every third year thereafter, the IP Enforce-
ment Representative shall submit the joint strategic plan 
to the President, to the Committee on the Judiciary and 
the Committee on Appropriations of the House of Rep-
resentatives, and to the Committee on the Judiciary and 
the Committee on Appropriations of the Senate.
(c) RESPONSIBILITY OF THE IP ENFORCEMENT REP-
RESENTATIVE.—During the development of the joint stra-
tegic plan, the IP Enforcement Representative— 
(1) shall consult and coordinate with the appro-
priate officers and employees of departments and 
agencies represented on the advisory committee ap-
pointed under section 301(d)(2) who are involved in 
intellectual property enforcement; and 
(2) may consult with private sector experts in 
intellectual property enforcement. 
(d) RESPONSIBILITIES
OF OTHER DEPARTMENTS 
AND AGENCIES.—To assist in the development and imple-
mentation of the joint strategic plan, the heads of the de-
partments 
and 
agencies 
identified 
under 
section 
301(d)(2)(A) (including the heads of any other agencies 
identified by the IP Enforcement Representative under 
section 301(d)(2)(A)(ix)) shall— 
(1) designate personnel with expertise and expe-
rience in intellectual property enforcement matters 
to work with the IP Enforcement Representative; 
and 
(2) share relevant department or agency infor-
mation with the IP Enforcement Representative, in-
cluding statistical information on the enforcement 
activities of the department or agency against coun-
terfeiting or piracy, and plans for addressing the 
joint strategic plan. 
(e) CONTENTS OF THE JOINT STRATEGIC PLAN.— 
Each joint strategic plan shall include the following: 
(1) A detailed description of the priorities iden-
tified for carrying out the objectives in the joint 
strategic plan, including activities of the Federal 
Government relating to intellectual property enforce-
ment. 
(2) A detailed description of the means and 
methods to be employed to achieve the priorities, in-
cluding the means and methods for improving the 
efficiency and effectiveness of the Federal Govern-
ment’s enforcement efforts against counterfeiting 
and piracy. 
(3) Estimates of the resources necessary to ful-
fill 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 targets, 
risks, and threats of intellectual property infringe-
ment, the costs to the economy of the United States 
resulting from violations of intellectual property
laws, and the threats to public health and safety cre-
ated by counterfeiting and piracy. 
(6) An identification of the departments and 
agencies that will be involved in implementing each 
priority under paragraph (1). 
(7) A strategy for ensuring coordination be-
tween the IP Enforcement Representative and the 
departments and agencies identified under para-
graph (6), including a process for oversight by the 
executive branch of, and accountability among, the 
departments and agencies responsible for carrying 
out the strategy. 
(8) Such other information as is necessary to 
convey the costs imposed on the United States econ-
omy by, and the threats to public health and safety 
created by, counterfeiting and piracy, and those 
steps that the Federal Government intends to take 
over the period covered by the succeeding joint stra-
tegic plan to reduce those costs and counter those 
threats. 
(f) ENHANCING ENFORCEMENT EFFORTS OF FOR-
EIGN GOVERNMENTS.—The joint strategic plan shall in-
clude programs to provide training and technical assist-
ance to foreign governments for the purpose of enhancing 
the efforts of such governments to enforce laws against
counterfeiting and piracy. With respect to such programs, 
the joint strategic plan shall— 
(1) seek to enhance the efficiency and consist-
ency with which Federal resources are expended, 
and seek to minimize duplication, overlap, or incon-
sistency of efforts; 
(2) identify and give priority to those countries 
where programs of training and technical assistance 
can be carried out most effectively and with the 
greatest benefit to reducing counterfeit and pirated 
products in the United States market, to protecting 
the intellectual property rights of United States per-
sons and their licensees, and to protecting the inter-
ests 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 sec-
tion 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 govern-
ments against counterfeiting and piracy.
(g) DISSEMINATION
OF
THE
JOINT
STRATEGIC 
PLAN.—The joint strategic plan shall be posted for public 
access on the website of the White House, and shall be 
disseminated to the public through such other means as 
the IP Enforcement Representative may identify. 
SEC. 322. REPORTING. 
(a) ANNUAL REPORT.—Not later than December 31 
of each calendar year beginning in 2009, the IP Enforce-
ment Representative shall submit a report on the activities 
of the Office during the preceding fiscal year. The annual 
report shall be submitted to the President and the Con-
gress, and disseminated to the people of the United States, 
in the manner specified in subsections (b) and (g) of sec-
tion 321. 
(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 321(e), in-
cluding an analysis of the performance measures 
used to monitor results described in section 
321(e)(4). 
(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 enti-
ties and individuals involved in the financing, pro-
duction, trafficking, and sale of counterfeit and pi-
rated goods. 
(4) The manner in which the relevant depart-
ments and agencies are working together and shar-
ing information to strengthen intellectual property 
enforcement. 
(5) An assessment of the successes and short-
comings of the efforts of the Federal Government, 
including departments and agencies represented on 
the 
committee 
established 
under 
section 
301(d)(2)(A), in fulfilling the priorities identified in 
the applicable joint strategic plan during the pre-
ceding fiscal year and in implementing the rec-
ommendations developed under section 301(d)(1). 
(6) Recommendations for any changes in en-
forcement statutes, regulations, or funding levels 
that the IP Representative considers would signifi-
cantly improve the effectiveness or efficiency of the 
effort of the Federal Government to combat counter-
feiting and piracy and otherwise strengthen intellec-
tual property enforcement, including through the 
elimination or consolidation of duplicative programs 
or initiatives. 
(7) The progress made in strengthening the ca-
pacity of countries to protect and enforce intellectual 
property rights. 
(8) The successes and challenges in sharing 
with other countries information relating to intellec-
tual property enforcement. 
(9) The progress of the United States Trade 
Representative in taking the appropriate action 
under any trade agreement or treaty to protect intel-
lectual property rights of United States persons and 
their licensees. 
SEC. 323. SAVINGS AND REPEALS. 
(a) REPEAL OF COORDINATION COUNCIL.—Section 
653 of the Treasury and General Government Appropria-
tions Act, 2000 (15 U.S.C. 1128) is repealed. 
(b) CURRENT AUTHORITIES NOT AFFECTED.—Ex-
cept 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 viola-
tions of laws that protect intellectual property 
rights; 
(2) the administrative enforcement, at the bor-
ders of the United States, of laws that protect intel-
lectual property rights; or 
(3) the United States trade agreements pro-
gram or international trade. 
(c) REGISTER OF COPYRIGHTS.—Nothing in this title 
shall derogate from the duties and functions of the Reg-
ister of Copyrights. 
SEC. 324. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as may be necessary 
to carry out this title. 
(b) SUBMISSION OF PROJECTED BUDGET.—By not 
later than the date on which the President submits to the 
Congress the budget of the United States Government for 
a fiscal year, the IP Representative shall submit to the 
Committees on the Judiciary of the House of Representa-
tives and the Senate the projected amount of funds for 
the succeeding fiscal year that will be necessary for the 
Office to carry out its functions.
attache´s, to engage in public education efforts 
against counterfeiting and piracy in the host coun-
try. 
(6) To coordinate training and technical assist-
ance programs of the United States Government 
within the host country that are aimed at improving 
the enforcement of laws against counterfeiting and 
piracy. 
(7) To assist in the coordination of the efforts 
of the United States Intellectual Property Enforce-
ment Representative, Federal agencies, and private 
organizations engaged in the promotion of United 
States intellectual property interests abroad so as to 
maximize their effectiveness and minimize duplica-
tive efforts. 
(8) To identify and promote other means to 
more effectively combat counterfeiting and piracy ac-
tivities under the jurisdiction of the host country. 
SEC. 403. TRAINING AND DESIGNATION OF ASSIGNMENT. 
(a) TRAINING OF ATTACHE´S.—The Director shall en-
sure that each attache´ appointed under section 401 is fully 
trained for the responsibilities of the position before as-
suming duties at the United States embassy or other mis-
sion in question.
(b) PRIORITY ASSIGNMENTS.—In designating the 
embassies or other missions to which attache´s are as-
signed, the Director shall give priority to those countries 
where the activities of an attache´ can be carried out most 
effectively and with the greatest benefit to reducing coun-
terfeit and pirated products in the United States market, 
to protecting the intellectual property rights of United 
States persons and their licensees, or to protecting the in-
terests of United States persons otherwise harmed by vio-
lations of intellectual property rights in those countries. 
SEC. 404. COORDINATION. 
(a) IN GENERAL.—The activities authorized by this 
title shall be carried out in coordination with the United 
States Intellectual Property Enforcement Representative 
appointed under section 301. 
(b) REPORT ON ATTACHE´S.—The Inspector General 
of the Department of Commerce shall perform yearly au-
dits of the intellectual property attache´s of the Depart-
ment, and shall report to the Committees on the Judiciary 
of the House of Representatives and the Senate the results 
of each such audit. In addition to an overview of the activi-
ties and effectiveness of the intellectual property attache´ 
operations, the audit shall include— 
(1) an evaluation of the current placement of 
foreign-based personnel and recommendations for
transferring such personnel in response to newly 
emerging intellectual property issues abroad; and 
(2) an evaluation of the personnel system and 
its management, including the recruitment, assign-
ment, promotion, and performance appraisal of per-
sonnel, and the use of limited appointees. 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fis-
cal year such sums as may be necessary for the training 
and support of the intellectual property attache´s appointed 
under section 401 and of other individuals serving as intel-
lectual property attache´s of the Department of Commerce. 
TITLE V—DEPARTMENT OF 
JUSTICE PROGRAMS 
Subtitle A—Coordination 
SEC. 501. INTELLECTUAL PROPERTY ENFORCEMENT OFFI-
CER. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Deputy Attorney General in the Depart-
ment of Justice the ‘‘Intellectual Property Enforcement 
Division’’. The head of the Intellectual Property Enforce-
ment Division shall be the Intellectual Property Enforce-
ment Officer (in this title referred to as the ‘‘IP Officer’’). 
The IP Officer shall be appointed by the Attorney General 
and shall report directly to the Deputy Attorney General.
(b) DUTIES.—The IP Officer shall— 
(1) coordinate all efforts of the Department of 
Justice relating to the enforcement of intellectual 
property rights and to combating counterfeiting and 
piracy; 
(2) serve as the lead representative of the De-
partment of Justice on the advisory committee pro-
vided for in section 301(d)(2) and as the liaison of 
the Department of Justice with foreign governments 
with respect to training conducted under section 
522; and 
(3) carry out such other related duties that may 
be assigned by the Deputy Attorney General. 
(c) TRANSFER OF FUNCTIONS.— 
(1) CRIMINAL
INTELLECTUAL
PROPERTY
EN-
FORCEMENT.—There are transferred to the Intellec-
tual Property Enforcement Division those functions 
of the Computer Crime and Intellectual Property 
Section of the Criminal Division of the Department 
of Justice that relate to the enforcement of criminal 
laws relating to the protection of intellectual prop-
erty rights and trade secrets, including the following: 
(A) Sections 506 and 1204 of title 17, 
United States Code.
(B) Sections 2318 through 2320 of title 
18, United States Code. 
(C) Sections 1831 and 1832 of title 18, 
United States Code. 
(D) Any other provision of law, including 
the following, to the extent such provision in-
volves the enforcement of any provision of law 
referred to in subparagraphs (A) through (C) 
or comparable provision of law: 
(i) Section 1341 of title 18, United 
States Code, relating to frauds and swin-
dles. 
(ii) Section 1343 of title 18, United 
States Code, relating to fraud by wire, 
radio, or television. 
(iii) Section 2512 of title 18, United 
States Code, relating to trafficking in 
interception devices. 
(iv) Section 633 of the Communica-
tions Act of 1934 (47 U.S.C. 553), relat-
ing to the unauthorized reception of cable 
service. 
(v) Section 705 of the Communica-
tions Act of 1934 (47 U.S.C. 605), relat-
ing to the unauthorized publication or use 
of communications. 
(2) INTELLECTUAL
PROPERTY
ENFORCEMENT 
COORDINATORS.—The Intellectual Property Law 
Enforcement Coordinators of the Department of 
Justice to whom section 521 applies shall also be in 
the Intellectual Property Enforcement Division. 
Subtitle B—Law Enforcement 
Resources 
SEC. 511. 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 ‘‘com-
puter crime’’ each place it appears the following: ‘‘, 
including infringement of copyrighted works over the 
Internet’’; and 
(2) in subsection (e)(1), relating to authoriza-
tion of appropriations, by striking ‘‘fiscal years 2001 
through 2004’’ and inserting ‘‘fiscal years 2009 
through 2013’’. 
(b) GRANTS.—The Office of Justice Programs of the 
Department of Justice shall make grants to eligible State 
or local law enforcement entities, including law enforce-
ment agencies of municipal governments and public edu-
cational institutions, for training, prevention, enforce-
ment, 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 pro-
grams to do the following with respect to the en-
forcement of State and local true name and address 
laws and State and local criminal laws on anti-pi-
racy, anti-counterfeiting, and unlawful acts with re-
spect to goods by reason of their protection by a pat-
ent, 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 ex-
penses incurred in performing enforcement op-
erations, such as overtime payments and stor-
age 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 per-
sonnel from State or local law enforcement enti-
ties, or both, exclusively to conduct investiga-
tions 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 in-
volving those laws. 
(F) Facilitate and promote the sharing, 
with State and local law enforcement officers 
and prosecutors, of the expertise and informa-
tion of Federal law enforcement agencies about 
the investigation, analysis, and prosecution of 
matters involving those laws and criminal in-
fringement of copyrighted works, including the 
use of multi-jurisdictional task forces. 
(2) ELIGIBILITY.—To be eligible to receive an 
IP–TIC grant, a State or local government entity 
must provide to the Attorney General—
(A) assurances that the State in which the 
government entity is located has in effect laws 
described in paragraph (1); 
(B) an assessment of the resource needs of 
the State or local government entity applying 
for the grant, including information on the need 
for reimbursements of base salaries and over-
time costs, storage fees, and other expenditures 
to improve the investigation, prevention, or en-
forcement 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 pro-
grams, including directly funded local programs 
such as the Edward Byrne Memorial Justice 
Assistance Grant Program authorized by sub-
part 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3750 et seq.). 
(3) MATCHING FUNDS.—The Federal share of 
an IP–TIC grant may not exceed 90 percent of the 
costs of the program or proposal funded by the IP– 
TIC grant, unless the Attorney General waives, in 
whole or in part, the 90 percent requirement.
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) AUTHORIZATION.—There is authorized 
to be appropriated to carry out this subsection 
the sum of $25,000,000 for each of fiscal years 
2008 through 2012. 
(B) LIMITATION.—Of the amount made 
available to carry out this subsection in any fis-
cal year, not more than 3 percent may be used 
by the Attorney General for salaries and admin-
istrative expenses. 
SEC. 512. CHIP UNITS, TRAINING, AND ADDITIONAL RE-
SOURCES. 
(a) EVALUATION OF CHIP UNITS.—The Attorney 
General shall review the allocation and activities of the 
Computer Hacking and Intellectual Property (in this sec-
tion referred to as ‘‘CHIP’’) units that have been estab-
lished in various Federal judicial districts, with the goals 
of— 
(1) improving the effectiveness of CHIP units 
in investigating and prosecuting criminal offenses 
arising from counterfeiting or piracy activities; 
(2) ensuring that CHIP units are established 
and funded in every judicial district in which they 
can be effectively deployed;
(3) upgrading the training and expertise of De-
partment of Justice personnel participating in CHIP 
units; and 
(4) improving the coordination of the activities 
of CHIP units with corresponding efforts of State 
and local law enforcement agencies operating within 
the Federal judicial district in question. 
(b) REQUIREMENTS.—In addition to any initiatives 
undertaken as a result of the review conducted under sub-
section (a), the Attorney General, in consultation with the 
Director of the Federal Bureau of Investigation, shall en-
sure that— 
(1) each CHIP unit is supported by at least 2 
additional agents of the Federal Bureau of Inves-
tigation for the purpose of investigating intellectual 
property crimes; 
(2) each CHIP unit is assigned at least 1 addi-
tional assistant United States attorney to support 
such unit for the purpose of prosecuting intellectual 
property crimes or other crimes involved in counter-
feiting or piracy activities; 
(3) CHIP units are established and staffed in 
at least 10 Federal judicial districts in addition to 
those districts in which CHIP units exist on the date 
of the enactment of this Act; and
(4) an operational unit is created consisting of 
not less than 5 agents of the Federal Bureau of In-
vestigation, attached to the headquarters of the Fed-
eral Bureau of Investigation in Washington, D.C., 
and dedicated to working with the Intellectual Prop-
erty Enforcement Division established by section 
501 on the development, investigation, and coordina-
tion of complex, multi-district, and international 
criminal intellectual property cases. 
(c) COORDINATION WITH STATE AND LOCAL AU-
THORITIES.—The United States attorney for each Federal 
judicial district in which a CHIP unit is in operation shall 
ensure that the activities of that unit are coordinated with 
the corresponding activities of State and local law enforce-
ment agencies operating within that Federal judicial dis-
trict in the investigation of intellectual property crimes 
and other crimes involved in counterfeiting or piracy, in-
cluding by coordinating Federal, State, and local oper-
ations and intelligence sharing to the extent appropriate. 
(d) ADDITIONAL RESPONSIBILITIES OF THE ATTOR-
NEY GENERAL.—The Attorney General, in consultation 
with the Director of the Federal Bureau of Investigation 
as appropriate, shall ensure the following: 
(1) All assistant United States attorneys who 
are assigned to CHIP units, and all agents of the
Federal Bureau of Investigation who support those 
units, have received advanced training, on an annual 
basis, in the investigation and prosecution of intel-
lectual property crimes and other crimes involved in 
counterfeiting and piracy. 
(2) All relevant units of the Department of Jus-
tice are allocated sufficient funding and other re-
sources as may be necessary to provide expert com-
puter forensic assistance, including from nongovern-
mental entities, in investigating and prosecuting in-
tellectual property crimes in a timely manner. For 
purposes of this paragraph, the term ‘‘all relevant 
units’’ includes those officers and employees as-
signed to carry out the functions transferred by sec-
tion 501(c)(1), CHIP units, offices of the United 
States attorneys, and units of the Federal Bureau of 
Investigation that are engaged in the investigation of 
intellectual property crimes. 
SEC. 513. TRANSPARENCY OF PROSECUTORIAL DECISION-
MAKING. 
(a) IN GENERAL.—The Attorney General shall direct 
each United States attorney— 
(1) to review the formal or informal standards 
currently in effect in that Federal judicial district 
for accepting or declining prosecution of cases in-
volving criminal violations of intellectual property 
laws; 
(2) to consider whether the standards should be 
modified or applied more flexibly— 
(A) to ensure that significant violations are 
not being declined for prosecution inappropri-
ately; or 
(B) in light of the broader impact of indi-
vidual cases on the overall strategy to combat 
counterfeiting and piracy; and 
(3) to review the practices and procedures cur-
rently in place for providing information to com-
plainants and victims in cases and investigations in-
volving criminal violations of intellectual property 
laws regarding the status of such cases and inves-
tigations, including the practices and procedures for 
apprising interested parties of the decision to decline 
prosecution of such cases. 
(b) CONSTRUCTION.— 
(1) PROSECUTORIAL
MATTERS.—Nothing in 
this section shall be construed to impinge on the ap-
propriate exercise of prosecutorial discretion with re-
spect to cases involving criminal violations of intel-
lectual property laws or to require the promulgation
of formal standards or thresholds regarding prosecu-
tion of any cases. 
(2) NO
CLAIMS, ETC., MAY
BE
ASSERTED.— 
Nothing in the section shall give rise to any claim, 
cause of action, defense, privilege, or immunity that 
may be asserted by any party to Federal litigation. 
SEC. 514. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fis-
cal year such sums as may be necessary to carry out this 
subtitle. 
Subtitle C—International Activities 
SEC. 521. INTERNATIONAL INTELLECTUAL PROPERTY LAW 
ENFORCEMENT COORDINATORS. 
(a) DEPLOYMENT
OF
ADDITIONAL
COORDINA-
TORS.—The Attorney General shall, within 180 days after 
the date of the enactment of this Act, deploy 5 Intellectual 
Property Law Enforcement Coordinators, in addition to 
those serving in such capacity on such date of enactment. 
Such deployments shall be made to those countries and 
regions where the activities of such a coordinator can be 
carried out most effectively and with the greatest benefit 
to reducing counterfeit and pirated products in the United 
States market, to protecting the intellectual property 
rights of United States persons and their licensees, and 
to protecting the interests of United States persons other-
wise harmed by violations of intellectual property rights 
in those countries. The mission of all International Intel-
lectual Property Law Enforcement Coordinators shall in-
clude the following: 
(1) Acting as liaison with foreign law enforce-
ment agencies and other foreign officials in criminal 
matters involving intellectual property rights. 
(2) Performing outreach and training to build 
the enforcement capacity of foreign governments 
against intellectual property-related crime in the re-
gions in which the coordinators serve. 
(3) Coordinating United States law enforcement 
activities against intellectual property-related crimes 
in the regions in which the coordinators serve. 
(4) Coordinating with the activities of the intel-
lectual property attache´s appointed under title IV in 
the countries or regions to which the coordinators 
are deployed. 
(5) Coordinating the activities of the coordina-
tors with the IP Officer. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each fiscal year such 
sums as may be necessary for the deployment and support 
of all International Intellectual Property Enforcement Co-
ordinators of the Department of Justice, including those 
deployed under subsection (a). 
SEC. 522. INTERNATIONAL TRAINING ACTIVITIES OF THE 
COMPUTER 
CRIME 
AND 
INTELLECTUAL 
PROPERTY SECTION. 
(a) INCREASED TRAINING AND TECHNICAL ASSIST-
ANCE TO FOREIGN GOVERNMENTS.—The Attorney Gen-
eral shall increase the efforts of the Department of Justice 
to provide training and technical assistance to foreign gov-
ernments, including foreign law enforcement agencies and 
foreign courts, to more effectively combat counterfeiting 
and piracy activities falling within the jurisdiction of such 
governments. 
(b) CONDUCT OF PROGRAMS.—The increased train-
ing and technical assistance programs under subsection 
(a) shall be carried out by the Intellectual Property En-
forcement Division established by section 501, as well as 
through such other divisions, sections, or agencies of the 
Department of Justice as the Attorney General may di-
rect. 
(c) PRIORITY COUNTRIES.—The Attorney General, in 
providing increased training and technical assistance pro-
grams under this section, shall give priority to those coun-
tries where such programs can be carried out most effec-
tively and with the greatest likelihood of reducing counter-
feit and pirated products in the United States market, of 
protecting the intellectual property rights of United States 
persons, or of protecting the interests of United States 
persons otherwise harmed by violations of intellectual 
property rights in those countries. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each fiscal year such 
sums as may be necessary to carry out this section. 
Subtitle D—Coordination, 
Implementation, and Reporting 
SEC. 531. COORDINATION. 
The IP officer shall ensure that activities undertaken 
under this title are carried out in a manner consistent with 
the joint strategic plan developed under section 321. 
SEC. 532. ANNUAL REPORTS. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Attorney General 
shall submit to the Committees on the Judiciary of the 
Senate and the House of Representatives a report on ac-
tions taken to carry out this title, including a report on 
the activities of the IP Officer. 
Passed the House of Representatives May 8, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 4279 
AN ACT 
To enhance remedies for violations of intellectual 
property laws, and for other purposes.