committee, shall be referred to the Committee on the Judici-
ary. 
(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 intellec-
tual property enforcement policy; 
(C) assist the United States Trade Rep-
resentative— 
(i) concerning negotiations on behalf of 
the United States relating to international 
intellectual property enforcement, including 
negotiations on any intellectual property 
enforcement matter considered under the 
auspices of the World Trade Organization 
or in the course of commodity or direct in-
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vestment negotiations in which the United 
States participates; and 
(ii) in the programs of the United 
States Trade Representative to monitor and 
enforce intellectual property enforcement ob-
ligations 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 ex-
ercise of domestic and international intellectual 
property enforcement functions, to the extent nec-
essary 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 intellec-
tual property enforcement matters; 
(F) report directly to the President and the 
Congress regarding domestic and international 
intellectual property enforcement programs; 
(G) advise the President and the Congress 
with respect to domestic and international intel-
lectual property enforcement challenges and pri-
orities; 
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(H) report to the Congress, as provided in 
section 322, on the implementation of the Joint 
Strategic Plan, and make recommendations to 
the Congress for improvements in Federal intel-
lectual property enforcement efforts; 
(I) chair the interagency intellectual prop-
erty enforcement advisory committee established 
under subsection (d)(2), and consult with such 
advisory committee in the performance of the 
functions of the IP Enforcement Representative; 
and 
(J) carry out such other functions as the 
President may direct. 
(2) SENSE OF CONGRESS.—It is the sense of the 
Congress that the IP Enforcement Representative 
should— 
(A) be a senior representative on any body 
that the President may establish for the purpose 
of providing to the President advice on overall 
policies in which intellectual property enforce-
ment 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. 
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(3) 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 designate; 
and 
(B) authorize such successive redelegations 
of such functions, powers, and duties to such offi-
cers and employees of the Office as the IP En-
forcement Representative considers appropriate. 
(d) COORDINATION OF INTELLECTUAL PROPERTY EN-
FORCEMENT ACTIONS.— 
(1) IN GENERAL.—In carrying out the functions 
of the IP Enforcement Representative, the IP Enforce-
ment Representative shall develop recommendations 
on the allocation of Federal resources for intellectual 
property enforcement. 
(2) ADVISORY COMMITTEE.— 
(A) ESTABLISHMENT.—There is established 
an interagency intellectual property enforcement 
advisory committee composed of the IP Enforce-
ment Representative, who shall chair the com-
mittee, and senior representatives of the fol-
lowing departments and agencies who are in-
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volved in intellectual property enforcement, and 
are appointed by the respective heads of those de-
partments and agencies: 
(i) The Department of Justice (includ-
ing the Intellectual Property Enforcement 
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. 
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(viii) The United States Copyright Of-
fice. 
(ix) Such other agencies as the IP En-
forcement Representative determines to be 
substantially involved in the efforts of the 
Federal Government to combat counter-
feiting and piracy. 
(B) FUNCTIONS.—The advisory committee 
established under subparagraph (A) shall, under 
the guidance of the IP Enforcement Representa-
tive, develop the Joint Strategic Plan against 
counterfeiting and piracy under section 321. 
(3) EXEMPTION FROM FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
shall not apply to the interagency intellectual prop-
erty 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 ADE-
QUATE
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 Represent-
ative,’’ after ‘‘consult with’’. 
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(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 
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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 Enforcement 
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 Representa-
tive considers appropriate, with any department, 
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-
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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 following: 
‘‘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 particular 
matters relating to combating counterfeit and pirated 
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-
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nancing, production, trafficking, or sale of counterfeit 
or pirated goods. 
(3) Assuring that information is identified and 
shared among the relevant departments and agencies, 
to the extent permitted by law and consistent with 
law enforcement protocols for handling information, 
to aid in the objective of arresting and prosecuting in-
dividuals and entities that are knowingly involved in 
the financing, production, trafficking, or sale of coun-
terfeit or pirated goods. 
(4) Disrupting and eliminating domestic and 
international counterfeiting and piracy networks. 
(5) Strengthening the capacity of other countries 
to protect and enforce intellectual property rights, 
and reducing the number of countries that fail to en-
force laws preventing the financing, production, traf-
ficking, 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— 
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(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 offi-
cials 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 enforcement 
agencies in other countries; and 
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(D) building a formal process for consulting 
with companies, industry associations, labor 
unions, and other interested groups in other 
countries with respect to intellectual property en-
forcement. 
(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 IP Enforcement Rep-
resentative shall submit the joint strategic plan to the Presi-
dent, to the Committee on the Judiciary and the Committee 
on Appropriations of the House of Representatives, and to 
the Committee on the Judiciary and the Committee on Ap-
propriations 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 implementa-
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tion of the joint strategic plan, the heads of the departments 
and agencies identified under section 301(d)(2)(A) (includ-
ing 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 ac-
tivities of the department or agency against counter-
feiting 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 identi-
fied for carrying out the objectives in the joint stra-
tegic plan, including activities of the Federal Govern-
ment relating to intellectual property enforcement. 
(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 ef-
ficiency and effectiveness of the Federal Government’s 
enforcement efforts against counterfeiting and piracy. 
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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 pro-
grams to provide training and technical assistance to for-
eign 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 stra-
tegic 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 great-
est benefit to reducing counterfeit and pirated prod-
ucts in the United States market, to protecting the in-
tellectual 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 
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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 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 dis-
seminated 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 Enforcement 
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 Congress, and 
disseminated to the people of the United States, in the man-
ner specified in subsections (b) and (g) of section 321. 
(b) CONTENTS.—The report required by this section 
shall include the following: 
(1) The progress made on implementing the stra-
tegic plan and on the progress toward fulfillment of 
the priorities identified under section 321(e), includ-
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ing 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 entities 
and individuals involved in the financing, produc-
tion, trafficking, and sale of counterfeit and pirated 
goods. 
(4) The manner in which the relevant depart-
ments and agencies are working together and sharing 
information to strengthen intellectual property en-
forcement. 
(5) An assessment of the successes and short-
comings of the efforts of the Federal Government, in-
cluding 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 preceding fiscal year 
and in implementing the recommendations developed 
under section 301(d)(1). 
(6) Recommendations for any changes in enforce-
ment statutes, regulations, or funding levels that the 
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IP Representative considers would significantly im-
prove the effectiveness or efficiency of the effort of the 
Federal Government to combat counterfeiting and pi-
racy and otherwise strengthen intellectual 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 intellectual 
property enforcement. 
(9) The progress of the United States Trade Rep-
resentative in taking the appropriate action under 
any trade agreement or treaty to protect intellectual 
property rights of United States persons and their li-
censees. 
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.—Except 
as provided in subsection (a), nothing in this title shall 
alter the authority of any department or agency of the 
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United States (including any independent agency) relating 
to— 
(1) investigating and prosecuting violations of 
laws protecting intellectual property rights; 
(2) administratively enforcing, at the borders of 
the United States, laws protecting intellectual prop-
erty rights; or 
(3) international trade or the United States 
trade agreements program. 
(c) REGISTER OF COPYRIGHTS.—Nothing in this title 
shall derogate from the duties and functions of the Register 
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 Com-
mittees on the Judiciary of the House of Representatives 
and the Senate the projected amount of funds for the suc-
ceeding fiscal year that will be necessary for the Office to 
carry out its functions. 
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attache´s of the Department of Commerce, shall have the fol-
lowing responsibilities: 
(1) To promote cooperation with foreign govern-
ments in the enforcement of intellectual property laws 
generally, and in the enforcement of laws against 
counterfeiting and piracy in particular. 
(2) To assist United States persons holding intel-
lectual property rights, and the licensees of such 
United States persons, in their efforts to combat coun-
terfeiting and piracy of their products or works with-
in the host country, including counterfeit or pirated 
goods exported from or transshipped through that 
country. 
(3) To chair an intellectual property protection 
task force consisting of representatives from all other 
relevant sections or bureaus of the embassy or other 
mission. 
(4) To coordinate with representatives of the em-
bassies or missions of other countries in information 
sharing, private or public communications with the 
government of the host country, and other forms of co-
operation for the purpose of improving enforcement 
against counterfeiting and piracy. 
(5) As appropriate and in accordance with ap-
plicable laws and the diplomatic status of the 
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attache´s, to engage in public education efforts against 
counterfeiting and piracy in the host country. 
(6) To coordinate training and technical assist-
ance programs of the United States Government with-
in the host country that are aimed at improving the 
enforcement of laws against counterfeiting and pi-
racy. 
(7) To assist in the coordination of the efforts of 
the United States Intellectual Property Enforcement 
Representative, Federal agencies, and private organi-
zations engaged in the promotion of United States in-
tellectual property interests abroad so as to maximize 
their effectiveness and minimize duplicative efforts. 
(8) To identify and promote other means to more 
effectively combat counterfeiting and piracy activities 
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 assum-
ing duties at the United States embassy or other mission 
in question. 
(b) PRIORITY ASSIGNMENTS.—In designating the em-
bassies or other missions to which attache´s are assigned, 
the Director shall give priority to those countries where the 
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activities of an attache´ 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, or to protecting the interests of United States 
persons otherwise harmed by violations of intellectual prop-
erty 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 audits 
of the intellectual property attache´s of the Department, 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 activities and effec-
tiveness of the intellectual property attache´ operations, the 
audit shall include— 
(1) an evaluation of the current placement of for-
eign-based personnel and recommendations for trans-
ferring such personnel in response to newly emerging 
intellectual property issues abroad; and 
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(2) an evaluation of the personnel system and its 
management, including the recruitment, assignment, 
promotion, and performance appraisal of personnel, 
and the use of limited appointees. 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fiscal 
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 Department 
of Justice the ‘‘Intellectual Property Enforcement Divi-
sion’’. The head of the Intellectual Property Enforcement 
Division shall be the Intellectual Property Enforcement Of-
ficer (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— 
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(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 Depart-
ment of Justice on the advisory committee provided 
for in section 301(d)(2) and as the liaison of the De-
partment of Justice with foreign governments with re-
spect 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 Sec-
tion of the Criminal Division of the Department of 
Justice that relate to the enforcement of criminal laws 
relating to the protection of intellectual property 
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. 
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(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 inter-
ception devices. 
(iv) Section 633 of the Communica-
tions Act of 1934 (47 U.S.C. 553), relating 
to the unauthorized reception of cable serv-
ice. 
(v) Section 705 of the Communications 
Act of 1934 (47 U.S.C. 605), relating to the 
unauthorized publication or use of commu-
nications. 
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(2) INTELLECTUAL PROPERTY ENFORCEMENT CO-
ORDINATORS.—The Intellectual Property Law En-
forcement Coordinators of the Department of Justice 
to whom section 521 applies shall also be in the Intel-
lectual 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 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 shall 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 
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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-piracy, anti- 
counterfeiting, and unlawful acts with respect to 
goods by reason of their protection by a patent, trade-
mark, 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 re-
imbursing 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. 
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(D) Establish task forces that include per-
sonnel from State or local law enforcement enti-
ties, or both, exclusively to conduct investigations 
and forensic analyses of evidence and prosecu-
tions 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 information 
of Federal law enforcement agencies about the 
investigation, analysis, and prosecution of mat-
ters involving those laws and criminal infringe-
ment 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); 
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(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 im-
prove the investigation, prevention, or enforce-
ment 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 As-
sistance Grant Program authorized by subpart 1 
of part E of title I of the Omnibus Crime Con-
trol 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 
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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 established 
in various Federal judicial districts, with the goals of— 
(1) improving the effectiveness of CHIP units in 
investigating and prosecuting criminal offenses aris-
ing 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 
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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 ensure 
that— 
(1) each CHIP unit is supported by at least 2 
additional agents of the Federal Bureau of Investiga-
tion for the purpose of investigating intellectual prop-
erty 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 Inves-
tigation, attached to the headquarters of the Federal 
Bureau of Investigation in Washington, D.C., and 
dedicated to working with the Intellectual Property 
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Enforcement Division established by section 501 on 
the development, investigation, and coordination of 
complex, multi-district, and international criminal 
intellectual property cases. 
(c) COORDINATION WITH STATE AND LOCAL AUTHORI-
TIES.—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 cor-
responding activities of State and local law enforcement 
agencies operating within that Federal judicial district in 
the investigation of intellectual property crimes and other 
crimes involved in counterfeiting or piracy, including by 
coordinating Federal, State, and local operations and intel-
ligence 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 intellectual prop-
erty crimes and other crimes involved in counter-
feiting and piracy. 
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(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 assigned 
to carry out the functions transferred by section 
501(c)(1), CHIP units, offices of the United States at-
torneys, and units of the Federal Bureau of Investiga-
tion that are engaged in the investigation of intellec-
tual 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 involving 
criminal violations of intellectual property laws; 
(2) to consider whether the standards should be 
modified or applied more flexibly— 
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(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 investiga-
tions, including the practices and procedures for ap-
prising 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 appro-
priate exercise of prosecutorial discretion with respect 
to cases involving criminal violations of intellectual 
property laws or to require the promulgation of for-
mal standards or thresholds regarding prosecution of 
any cases. 
(2) NO CLAIMS, ETC., MAY BE ASSERTED.—Noth-
ing in the section shall give rise to any claim, cause 
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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 fiscal 
year such sums as may be necessary to carry out this sub-
title. 
Subtitle C—International Activities 
SEC. 521. INTERNATIONAL INTELLECTUAL PROPERTY LAW 
ENFORCEMENT COORDINATORS. 
(a) DEPLOYMENT OF ADDITIONAL COORDINATORS.— 
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 serv-
ing in such capacity on such date of enactment. Such de-
ployments 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 mar-
ket, to protecting the intellectual property rights of United 
States persons and their licensees, and to protecting the in-
terests of United States persons otherwise harmed by viola-
tions of intellectual property rights in those countries. The 
mission of all International Intellectual Property Law En-
forcement Coordinators shall include the following: 
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(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 Coordina-
tors of the Department of Justice, including those deployed 
under subsection (a). 
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