I 
110TH CONGRESS 
1ST SESSION H. R. 4279 
To enhance remedies for violations of intellectual property laws, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2007 
Mr. CONYERS (for himself, Mr. BERMAN, Mr. SMITH of Texas, Mr. SCHIFF, 
Mr. FEENEY, Mr. ISSA, Mr. CHABOT, Mr. COHEN, Mr. KELLER of Flor-
ida, Ms. JACKSON-LEE of Texas, and Mr. GOODLATTE) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To enhance remedies for violations of intellectual property 
laws, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Prioritizing Resources and Organization for Intellectual 
Property Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Reference. 
Sec. 3. Definition. 
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TITLE I—ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY 
LAWS 
Sec. 101. Registration of claim. 
Sec. 102. Registration and infringement actions. 
Sec. 103. Civil remedies for infringement. 
Sec. 104. Computation of statutory damages in copyright cases. 
Sec. 105. Treble damages in counterfeiting cases. 
Sec. 106. Statutory damages in counterfeiting cases. 
Sec. 107. Exportation of goods bearing infringing marks. 
Sec. 108. Importation and exportation. 
TITLE II—ENHANCEMENTS TO CRIMINAL INTELLECTUAL 
PROPERTY LAWS 
Sec. 201. Criminal infringement of a copyright. 
Sec. 202. Harmonization of forfeiture procedures for intellectual property of-
fenses. 
Sec. 203. Directive to United States Sentencing Commission. 
Sec. 204. Trafficking in counterfeit goods or services. 
TITLE III—COORDINATION AND STRATEGIC PLANNING OF 
FEDERAL EFFORT AGAINST COUNTERFEITING AND PIRACY 
Subtitle A—Office of the United States Intellectual Property Enforcement 
Representative 
Sec. 301. Office of the United States Intellectual Property Enforcement Rep-
resentative. 
Sec. 302. Definition. 
Subtitle B—Joint Strategic Plan 
Sec. 321. Joint Strategic Plan. 
Sec. 322. Reporting. 
Sec. 323. Other intellectual property activities. 
Sec. 324. Savings and repeals. 
Sec. 325. Authorization of appropriations. 
TITLE IV—INTERNATIONAL ENFORCEMENT AND COORDINATION 
Sec. 401. Intellectual property attache´s. 
Sec. 402. Duties and responsibilities of intellectual property attache´s. 
Sec. 403. Training and designation of assignment. 
Sec. 404. Coordination. 
Sec. 405. Authorization of appropriations. 
TITLE V—DEPARTMENT OF JUSTICE PROGRAMS 
Subtitle A—Coordination 
Sec. 501. Intellectual Property Enforcement Officer. 
Subtitle B—Law Enforcement Resources 
Sec. 511. Local law enforcement grants. 
Sec. 512. CHIP units, training, and additional resources. 
Sec. 513. Transparency of prosecutorial decisionmaking. 
Sec. 514. Authorization of appropriations. 
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Subtitle C—International Activities 
Sec. 521. International intellectual property law enforcement coordinators. 
Sec. 522. International training activities of the computer crime and intellectual 
property section. 
Subtitle D—Coordination, Implementation, and Reporting 
Sec. 531. Coordination. 
Sec. 532. Annual reports. 
SEC. 2. REFERENCE. 
Any reference in this Act to the ‘‘Trademark Act of 
1946’’ refers to the Act entitled ‘‘An Act to provide for 
the registration of trademarks used in commerce, to carry 
out the provisions of certain international conventions, 
and for other purposes’’, approved July 5, 1946 (15 
U.S.C. 1051 et seq.). 
SEC. 3. DEFINITION. 
In this Act, the term ‘‘United States person’’ 
means— 
(1) any United States resident or national, 
(2) any domestic concern (including any perma-
nent domestic establishment of any foreign concern), 
and 
(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, 
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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. 
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(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. COMPUTATION OF STATUTORY DAMAGES IN 
COPYRIGHT CASES. 
Section 504(c)(1) of title 17, United States Code, is 
amended by striking the second sentence and inserting the 
following: ‘‘A copyright owner is entitled to recover statu-
tory damages for each copyrighted work sued upon that 
is found to be infringed. The court may make either one 
or multiple awards of statutory damages with respect to 
infringement of a compilation, or of works that were law-
fully included in a compilation, or a derivative work and 
any preexisting works upon which it is based.
In making 
a decision on the awarding of such damages, the court 
may consider any facts it finds relevant relating to the 
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infringed works and the infringing conduct, including 
whether the infringed works are distinct works having 
independent economic value.’’. 
SEC. 105. 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 
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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. 106. 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 
‘‘$1000’’; 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. 107. EXPORTATION OF GOODS BEARING INFRINGING 
MARKS. 
Title VII of the Trademark Act of 1946 (15 U.S.C. 
1124) is amended— 
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(1) in the title heading, by inserting after ‘‘IM-
PORTATION’’ 
the 
following: 
‘‘OR 
EXPOR-
TATION’’; and 
(2) in section 42— 
(A) in the first sentence— 
(i) by striking the word ‘‘imported’’; 
and 
(ii) by inserting after ‘‘custom house 
of the United States’’ the following: ‘‘, nor 
shall any such article be exported from the 
United States’’. 
SEC. 108. 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.—’’; 
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(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 the copies or phonorecords had been 
made in the United States, is an infringement of the 
exclusive right to distribute copies or phonorecords 
under section 106, actionable under sections 501 
and 506. 
‘‘(3) EXCEPTIONS.—This subsection does not 
apply to—’’; 
(4) in paragraph (3)(A) (as redesignated by 
this subsection) by inserting ‘‘or exportation’’ after 
‘‘importation’’; and 
(5) in paragraph (3)(B) (as redesignated by 
this subsection)— 
(A) by striking ‘‘importation, for the pri-
vate use of the importer’’ and inserting ‘‘impor-
tation or exportation, for the private use of the 
importer or exporter’’; and 
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(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’’; 
and 
(ii) by striking ‘‘if this title had been appli-
cable’’ 
and 
inserting 
‘‘if 
the 
copies 
or 
phonorecords had been made in the United 
States’’. 
(2) 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— 
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‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means to knowingly provide aid to the vio-
lator 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). 
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‘‘(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-
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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, and any plates, molds, matrices, mas-
ters, tapes, film negatives, or other articles by 
means of which such copies or phonorecords 
may be made and any devices for manufac-
turing, reproducing, or assembling such copies 
or phonorecords. 
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‘‘(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. 
‘‘(B) The provisions of chapter 46 of title 18 
relating to civil forfeitures shall extend to any sei-
zure or civil forfeiture under this section. At the con-
clusion of the forfeiture proceedings, the court shall 
order that any forfeited infringing copies or 
phonorecords, and any plates, molds, matrices, mas-
ters, tapes, and film negatives by means of which 
such unauthorized copies or phonorecords may be 
made, be destroyed or otherwise disposed of accord-
ing to law. 
‘‘(C) In this paragraph, the term ‘aiding and 
abetting’ means to knowingly provide aid to the vio-
lator with the intent to facilitate the violation. 
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‘‘(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), and any plates, molds, 
matrices, 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). 
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‘‘(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 
owner and any other victim of the offense as an of-
fense against property referred to in section 
3663A(c)(l)(A)(ii).’’. 
(2) CONFORMING AMENDMENTS.—(A) Section 
506(b) of title 17, United States Code, is amended 
by striking all that follows ‘‘destruction’’ and insert-
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ing the following: ‘‘of property as prescribed by sec-
tion 2319(g) of title 18.’’. 
(B) Section 509 of title 17, United States Code, 
relating seizure and forfeiture, and the item relating 
to section 509 in the table of sections at the begin-
ning of chapter 5 of title 17, United States Code, 
are repealed. 
(c) UNAUTHORIZED FIXATION AND TRAFFICKING.— 
(1) IN GENERAL.—Section 2319A of title 18, 
United States Code, is amended— 
(A) by striking subsection (c) and redesig-
nating subsections (d), (e), and (f) as sub-
sections (c), (d), and (e), respectively; and 
(B) by amending subsection (b) 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 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 
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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. 
‘‘(B) The provisions of chapter 46 relating to 
civil forfeitures shall extend to any seizure or civil 
forfeiture under paragraph (1). 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, maters, 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 to knowingly provide aid to the vio-
lator with the intent to facilitate the violation. 
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‘‘(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 
or 
phonorecords of a live musical performance that 
were used, intended for use, or possessed with 
intent to use in the commission of an offense 
under subsection (a), 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 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 
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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 
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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-
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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. 
‘‘(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 to knowingly provide aid to the vio-
lator 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 
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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 
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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-
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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 ‘‘ 
‘‘(1) IN GENERAL.—Whoever’’; 
(B) by moving the remaining text 2 ems to 
the right; and 
(C) by adding at the end the following: 
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‘‘(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).’’. 
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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-
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ferred to a committee, shall be referred to the Committee 
on the Judiciary. The IP Enforcement Representative 
shall hold office at the pleasure of the President, shall be 
entitled to receive the same allowances as a chief of mis-
sion, and shall have the rank of Ambassador Extraor-
dinary and Plenipotentiary. 
(c) DUTIES
OF IP ENFORCEMENT REPRESENTA-
TIVE.— 
(1) IN GENERAL.—The IP Enforcement Rep-
resentative shall— 
(A) have primary responsibility for devel-
oping, coordinating, and facilitating the imple-
mentation, by the departments and agencies 
listed in subsection (d)(2), the policies, objec-
tives, and priorities of the Joint Strategic Plan 
against counterfeiting and piracy under section 
321; 
(B) serve as the principal advisor to the 
President on domestic and international intel-
lectual property enforcement policy; 
(C) assist the United States Trade Rep-
resentative in conducting negotiations on behalf 
of the United States relating to international 
intellectual property enforcement, including ne-
gotiations on any intellectual property enforce-
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ment matter considered under the auspices of 
the World Trade Organization or in the course 
of commodity and direct investment negotia-
tions in which the United States participates; 
(D) issue and coordinate policy guidance to 
departments and agencies on basic issues of 
policy and interpretation that arise in the exer-
cise of domestic and international intellectual 
property enforcement functions to the extent 
necessary to assure the coordination of inter-
national intellectual property enforcement policy 
and consistent with any other law; 
(E) act as the principal spokesperson of 
the President on domestic and international in-
tellectual property enforcement matters; 
(F) report directly to the President and 
the Congress regarding, and be responsible to 
the President and the Congress for the adminis-
tration of, 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 estab-
lished under subsection (d)(2), and consult with 
such advisory committee in the performance of 
the functions of the IP Enforcement Represent-
ative; 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 Representa-
tive should— 
(A) be the 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 en-
forcement matters predominate; and 
(B) be included as a participant in all eco-
nomic summit and other international meetings 
at which international intellectual property en-
forcement is a major 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 des-
ignate; and 
(B) authorize such successive redelegations 
of such functions, powers, and duties to such 
officers and employees of the Office as IP En-
forcement Representative considers appropriate. 
(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 coordinate the al-
location of interagency resources for intellectual 
property enforcement, including identifying, and re-
ferring to the appropriate Federal department or 
agency, for consideration with respect to action, vio-
lations of intellectual property laws. 
(2) ADVISORY
COMMITTEE.—For purposes of 
assisting the IP Enforcement Representative in car-
rying out the functions of the IP Enforcement Rep-
resentative, there is established an interagency intel-
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lectual property enforcement advisory committee 
composed of the IP Enforcement Representative, 
who shall chair the committee, and senior represent-
atives of the following departments and agencies who 
are involved in intellectual property enforcement, 
and are appointed by the respective heads of those 
departments and agencies: 
(A) The Department of Justice (including 
the Intellectual Property Enforcement Officer 
appointed under section 501). 
(B) The United States Patent and Trade-
mark Office and other relevant units of the De-
partment of Commerce. 
(C) The Office of the United States Trade 
Representative. 
(D) The Department of State (including 
the United States Agency for International De-
velopment and the Bureau of International 
Narcotics Law Enforcement). 
(E) The Department of Homeland Security 
(including U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforce-
ment). 
(F) The United States International Trade 
Commission. 
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(G) The Food and Drug Administration of 
the Department of Health and Human Services. 
(H) The United States Copyright Office. 
(I) Such other agencies as the IP Enforce-
ment Representative determines to be substan-
tially involved in the efforts of the Federal Gov-
ernment to combat counterfeiting and piracy. 
(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 ‘‘shall 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 
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Enforcement Representative to assist in carrying out 
those responsibilities; 
(3) use for administrative purposes, on a reim-
bursable basis, the available services, equipment, 
personnel, and facilities of 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, to 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 em-
ployed 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 
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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, 
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both in the United States and abroad, including 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) Eliminating counterfeit and pirated goods 
from the international supply chain. 
(2) Identifying individuals, financial institu-
tions, business concerns, and other entities involved 
in the financing, production, trafficking, or sale of 
counterfeit or pirated goods. 
(3) Identifying and sharing information among 
the relevant departments and agencies for the pur-
pose of arresting and prosecuting individuals and en-
tities that are knowingly involved the financing, pro-
duction, trafficking, or sale of counterfeit or pirated 
goods. 
(4) Disrupting and eliminating counterfeit 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 
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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; 
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(iv) provide for the seizure of property 
used to produce pirated and counterfeit 
goods; and 
(v) are not on the Priority Watch List 
issued by the United States Trade Rep-
resentative under section 182 of the Trade 
Act of 1974 (19 U.S.C. 2242); 
(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 6 months after the date 
of the enactment of this Act, and not later than December 
31 of every third year thereafter, the IP Enforcement 
Representative shall submit the joint strategic plan to the 
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President, to the Committee on the Judiciary and the 
Committee on Appropriations of the House of Representa-
tives, and to the Committee on the Judiciary and the Com-
mittee on Appropriations of the Senate. 
(c) RESPONSIBILITY OF THE IP ENFORCEMENT REP-
RESENTATIVE.—In developing the joint strategic 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) 
(including the heads of any other agencies identified by 
the IP Enforcement Representative under section 
(d)(2)(I)) shall— 
(1) designate personnel with expertise and expe-
rience in intellectual property enforcement matters 
to work with the IP Enforcement Representative; 
and 
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(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. 
(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 activities of the Federal Government relat-
ing 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 
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 theft, and 
the costs to the economy of the United States result-
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ing from violations of intellectual property laws and 
the threats to public health and safety created 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 of, and 
accountability among, the departments and agencies 
carrying out the strategy. 
(8) Such other information as the IP Enforce-
ment Representative considers important in con-
veying to the recipients of the report, and to the 
people of the United States, the costs imposed on 
the United States economy and the threats to public 
health and safety created by counterfeiting and pi-
racy, and the steps that the Federal Government will 
take over the period covered by the succeeding joint 
strategic 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-
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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 IP Enforcement Representative, in developing 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 countries identified by the 
United States Trade Representative under section 
182(a) of the Trade Act of 1974 (19 U.S.C. 
2242(a)); and 
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(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 year, the IP Enforcement Representative shall 
submit an report on the activities of the Office during the 
preceding fiscal year. The annual report shall be sub-
mitted to the President and the Congress, and dissemi-
nated to the people of the United States, in the manner 
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 
strategic plan and on the progress toward fulfillment 
of the priorities identified under section 321(e). 
(2) The progress made toward efforts to en-
courage Federal, State, and local government de-
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partments 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 appointed under section 301(d)(2), in 
fulfilling the priorities identified in the applicable 
joint strategic plan during the preceding fiscal year. 
(6) Recommendations for any changes in stat-
utes, regulations, or funding levels that the IP Rep-
resentative considers would significantly improve the 
effectiveness or efficiency of the effort of the Federal 
Government to combat counterfeiting and piracy and 
otherwise strengthen intellectual property enforce-
ment. 
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(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. OTHER INTELLECTUAL PROPERTY ACTIVITIES. 
If in any other case in which the IP Representative 
identifies other intellectual property initiatives of the Fed-
eral Government that include enforcement activities simi-
lar or identical to the activities described in this title, the 
IP Representative shall consolidate those activities into 
the work of the Office of the IP Representative in order 
to prevent duplication. Other activities that may improve 
intellectual property enforcement may continue outside of 
the Office of the Intellectual Property Enforcement Rep-
resentative, including— 
(1) capacity building in other countries (other 
than activities to carry out the objectives described 
in section 321(a)(7); and 
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(A) Section 506 and 1204 of title 17, 
United States Code. 
(B) Section 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. 
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