Text: S.3325 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Public Law No: 110-403 (10/13/2008)




[110th Congress Public Law 403]
[From the U.S. Government Printing Office]


[DOCID: f:publ403.110]

[[Page 4255]]

PRIORITIZING RESOURCES AND ORGANIZATION FOR INTELLECTUAL PROPERTY ACT OF 
                                  2008

[[Page 122 STAT. 4256]]

Public Law 110-403
110th Congress

                                 An Act


 
 To enhance remedies for violations of intellectual property laws, and 
        for other purposes. <<NOTE: Oct. 13, 2008 -  [S. 3325]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Prioritizing 
Resources and Organization for Intellectual Property Act of 2008.>> 
SECTION 1. <<NOTE: 15 USC 8101 note.>> SHORT TITLE; TABLE OF 
                              CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prioritizing 
Resources and Organization for Intellectual Property Act of 2008''.
    (b) Table of Contents.--The table of contents is as follows:

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

        TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

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

      TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

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

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

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

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

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

                         TITLE V--MISCELLANEOUS

Sec. 501. GAO study on protection of intellectual property of 
           manufacturers.

[[Page 122 STAT. 4257]]

Sec. 502. GAO audit and report on nonduplication and efficiency.
Sec. 503. Sense of Congress.

SEC. 2. REFERENCE.

    Any reference in this Act to the ``Trademark Act of 1946'' refers to 
the Act entitled ``An Act to provide for the registration of trademarks 
used in commerce, to carry out the provisions of certain international 
conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 
1051 et seq.).
SEC. 3. <<NOTE: 15 USC 1801.>> DEFINITION.

    In this Act, the term ``United States person'' means--
            (1) any United States resident or national,
            (2) any domestic concern (including any permanent domestic 
        establishment of any foreign concern), and
            (3) any foreign subsidiary or affiliate (including any 
        permanent foreign establishment) of any domestic concern that is 
        controlled in fact by such domestic concern,

except that such term does not include an individual who resides outside 
the United States and is employed by an individual or entity other than 
an individual or entity described in paragraph (1), (2), or (3).

        TITLE I--ENHANCEMENTS TO CIVIL INTELLECTUAL PROPERTY LAWS

SEC. 101. REGISTRATION OF CLAIM.

    (a) Limitation to Civil Actions; Harmless Error.--Section 411 of 
title 17, United States Code, is amended--
            (1) in the section heading, by inserting ``civil'' before 
        ``infringement'';
            (2) in subsection (a)--
                    (A) in the first sentence, by striking ``no action'' 
                and inserting ``no civil action''; and
                    (B) in the second sentence, by striking ``an 
                action'' and inserting ``a civil action'';
            (3) by redesignating subsection (b) as subsection (c);
            (4) in subsection (c), as so redesignated by paragraph (3), 
        by striking ``506 and sections 509 and'' and inserting ``505 and 
        section''; and
            (5) by inserting after subsection (a) the following:

    ``(b)(1) A certificate of registration satisfies the requirements of 
this section and section 412, regardless of whether the certificate 
contains any inaccurate information, unless--
            ``(A) the inaccurate information was included on the 
        application for copyright registration with knowledge that it 
        was inaccurate; and
            ``(B) the inaccuracy of the information, if known, would 
        have caused the Register of Copyrights to refuse registration.

    ``(2) In any case in which inaccurate information described under 
paragraph (1) is alleged, the court shall request the Register of 
Copyrights to advise the court whether the inaccurate information, if 
known, would have caused the Register of Copyrights to refuse 
registration.
    ``(3) Nothing in this subsection shall affect any rights, 
obligations, or requirements of a person related to information 
contained

[[Page 122 STAT. 4258]]

in a registration certificate, except for the institution of and 
remedies in infringement actions under this section and section 412.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 412 of title 17, United States Code, is amended 
        by striking ``411(b)'' and inserting ``411(c)''.
            (2) The item relating to section 411 in the table of 
        sections for chapter 4 of title 17, United States Code, is 
        amended to read as follows:

``Sec. 411. Registration and civil infringement actions.''.

SEC. 102. CIVIL REMEDIES FOR INFRINGEMENT.

    (a) In General.--Section 503(a) of title 17, United States Code, is 
amended to read as follows:
    ``(a)(1) At any time while an action under this title is pending, 
the court may order the impounding, on such terms as it may deem 
reasonable--
            ``(A) of all copies or phonorecords claimed to have been 
        made or used in violation of the exclusive right of the 
        copyright owner;
            ``(B) of all plates, molds, matrices, masters, tapes, film 
        negatives, or other articles by means of which such copies of 
        phonorecords may be reproduced; and
            ``(C) of records documenting the manufacture, sale, or 
        receipt of things involved in any such violation, provided that 
        any records seized under this subparagraph shall be taken into 
        the custody of the court.

    ``(2) <<NOTE: Records. Protective order.>> For impoundments of 
records ordered under paragraph (1)(C), the court shall enter an 
appropriate protective order with respect to discovery and use of any 
records or information that has been impounded. The protective order 
shall provide for appropriate procedures to ensure that confidential, 
private, proprietary, or privileged information contained in such 
records is not improperly disclosed or used.

    ``(3) The relevant provisions of paragraphs (2) through (11) of 
section 34(d) of the Trademark Act (15 U.S.C. 1116(d)(2) through (11)) 
shall extend to any impoundment of records ordered under paragraph 
(1)(C) that is based upon an ex parte application, notwithstanding the 
provisions of rule 65 of the Federal Rules of Civil Procedure. Any 
references in paragraphs (2) through (11) of section 34(d) of the 
Trademark Act to section 32 of such Act shall be read as references to 
section 501 of this title, and references to use of a counterfeit mark 
in connection with the sale, offering for sale, or distribution of goods 
or services shall be read as references to infringement of a 
copyright.''.
    (b) Protective Order for Seized Records.--Section 34(d)(7) of the 
Trademark Act (15 U.S.C. 1116(d)(7)) is amended to read as follows:
            ``(7) Any materials seized under this subsection shall be 
        taken into the custody of the court. For seizures made under 
        this section, the court shall enter an appropriate protective 
        order with respect to discovery and use of any records or 
        information that has been seized. The protective order shall 
        provide for appropriate procedures to ensure that confidential, 
        private, proprietary, or privileged information contained in 
        such records is not improperly disclosed or used.''.

[[Page 122 STAT. 4259]]

SEC. 103. TREBLE DAMAGES IN COUNTERFEITING CASES.

    Section 35(b) of the Trademark Act of 1946 (15 U.S.C. 1117(b)) is 
amended to read as follows:
    ``(b) In assessing damages under subsection (a) for any violation of 
section 32(1)(a) of this Act or section 220506 of title 36, United 
States Code, in a case involving use of a counterfeit mark or 
designation (as defined in section 34(d) of this Act), the court shall, 
unless the court finds extenuating circumstances, enter judgment for 
three times such profits or damages, whichever amount is greater, 
together with a reasonable attorney's fee, if the violation consists 
of--
            ``(1) intentionally using a mark or designation, knowing 
        such mark or designation is a counterfeit mark (as defined in 
        section 34(d) of this Act), in connection with the sale, 
        offering for sale, or distribution of goods or services; or
            ``(2) providing goods or services necessary to the 
        commission of a violation specified in paragraph (1), with the 
        intent that the recipient of the goods or services would put the 
        goods or services to use in committing the violation.

In such a case, the court may award prejudgment interest on such amount 
at an annual interest rate established under section 6621(a)(2) of the 
Internal Revenue Code of 1986, beginning on the date of the service of 
the claimant's pleadings setting forth the claim for such entry of 
judgment and ending on the date such entry is made, or for such shorter 
time as the court considers appropriate.''.
SEC. 104. STATUTORY DAMAGES IN COUNTERFEITING CASES.

    Section 35(c) of the Trademark Act of 1946 (15 U.S.C. 1117) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``$500'' and inserting ``$1,000''; 
                and
                    (B) by striking ``$100,000'' and inserting 
                ``$200,000''; and
            (2) in paragraph (2), by striking ``$1,000,000'' and 
        inserting ``$2,000,000''.
SEC. 105. IMPORTATION AND EXPORTATION.

    (a) In General.--The heading for chapter 6 of title 17, United 
States Code, is amended to read as follows:

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

    (b) Amendment on Exportation.--Section 602(a) of title 17, United 
States Code, is amended--
            (1) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively, and moving such 
        subparagraphs 2 ems to the right;
            (2) by striking ``(a)'' and inserting ``(a) Infringing 
        Importation or Exportation.--
            ``(1) Importation.--'';
            (3) by striking ``This subsection does not apply to--'' and 
        inserting the following:
            ``(2) Importation or exportation of infringing items.--
        Importation into the United States or exportation from the 
        United States, without the authority of the owner of copyright 
        under this title, of copies or phonorecords, the making of which

[[Page 122 STAT. 4260]]

        either constituted an infringement of copyright, or which would 
        have constituted an infringement of copyright if this title had 
        been applicable, is an infringement of the exclusive right to 
        distribute copies or phonorecords under section 106, actionable 
        under sections 501 and 506.
            ``(3) Exceptions.--This subsection does not apply to--'';
            (4) in paragraph (3)(A) (as redesignated by this subsection) 
        by inserting ``or exportation'' after ``importation''; and
            (5) in paragraph (3)(B) (as redesignated by this 
        subsection)--
                    (A) by striking ``importation, for the private use 
                of the importer'' and inserting ``importation or 
                exportation, for the private use of the importer or 
                exporter''; and
                    (B) by inserting ``or departing from the United 
                States'' after ``United States''.

    (c) Conforming Amendments.--(1) Section 602 of title 17, United 
States Code, is further amended--
            (A) in the section heading, by inserting ``or exportation'' 
        after ``importation''; and
            (B) in subsection (b)--
                    (i) by striking ``(b) In a case'' and inserting 
                ``(b) Import Prohibition.--In a case'';
                    (ii) by striking ``the United States Customs 
                Service'' and inserting ``United States Customs and 
                Border Protection''; and
                    (iii) by striking ``the Customs Service'' and 
                inserting ``United States Customs and Border 
                Protection''.

    (2) Section 601(b)(2) of title 17, United States Code, is amended by 
striking ``the United States Customs Service'' and inserting ``United 
States Customs and Border Protection''.
    (3) The item relating to chapter 6 in the table of chapters for 
title 17, United States Code, is amended to read as follows:

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

      TITLE II--ENHANCEMENTS TO CRIMINAL INTELLECTUAL PROPERTY LAWS

SEC. 201. CRIMINAL COPYRIGHT INFRINGEMENT.

    (a) Forfeiture and Destruction; Restitution.--Section 506(b) of 
title 17, United States Code, is amended to read as follows:
    ``(b) Forfeiture, Destruction, and Restitution.--Forfeiture, 
destruction, and restitution relating to this section shall be subject 
to section 2323 of title 18, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    (b) Seizures and Forfeitures.--
            (1) Repeal.--Section 509 of title 17, United States Code, is 
        repealed.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 5 of title 17, United States Code, is 
        amended by striking the item relating to section 509.
SEC. 202. TRAFFICKING IN COUNTERFEIT LABELS, ILLICIT LABELS, OR 
                        COUNTERFEIT DOCUMENTATION OR PACKAGING FOR 
                        WORKS THAT CAN BE COPYRIGHTED.

    Section 2318 of title 18, United States Code, is amended--

[[Page 122 STAT. 4261]]

            (1) in subsection (a)--
                    (A) by redesignating subparagraphs (A) through (G) 
                as clauses (i) through (vii), respectively;
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively; and
                    (C) by striking ``Whoever'' and inserting ``(1) 
                Whoever'';
            (2) by amending subsection (d) to read as follows:

    ``(d) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''; and
            (3) by striking subsection (e) and redesignating subsection 
        (f) as subsection (e).
SEC. 203. UNAUTHORIZED FIXATION.

    (a) Section 2319A(b) of title 18, United States Code, is amended to 
read as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
    (b) <<NOTE: Regulations.>> Section 2319A(c) of title 18, United 
States Code, is amended by striking the second sentence and inserting: 
``The Secretary of Homeland Security shall issue regulations by which 
any performer may, upon payment of a specified fee, be entitled to 
notification by United States Customs and Border Protection of the 
importation of copies or phonorecords that appear to consist of 
unauthorized fixations of the sounds or sounds and images of a live 
musical performance.''.
SEC. 204. UNAUTHORIZED RECORDING OF MOTION PICTURES.

    Section 2319B(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
SEC. 205. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

    (a) In General.--Section 2320 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Whoever'' and inserting 
                ``Offense.--''
            ``(1) In general.--Whoever;'';
                    (B) by moving the remaining text 2 ems to the right; 
                and
                    (C) by adding at the end the following:
            ``(2) Serious bodily harm or death.--
                    ``(A) Serious bodily harm.--If the offender 
                knowingly or recklessly causes or attempts to cause 
                serious bodily injury from conduct in violation of 
                paragraph (1), the penalty shall be a fine under this 
                title or imprisonment for not more than 20 years, or 
                both.

[[Page 122 STAT. 4262]]

                    ``(B) Death.--If the offender knowingly or 
                recklessly causes or attempts to cause death from 
                conduct in violation of paragraph (1), the penalty shall 
                be a fine under this title or imprisonment for any term 
                of years or for life, or both.''; and
            (2) by adding at the end the following:

    ``(h) Transshipment and Exportation.--No goods or services, the 
trafficking in of which is prohibited by this section, shall be 
transshipped through or exported from the United States. Any such 
transshipment or exportation shall be deemed a violation of section 42 
of an Act to provide for the registration of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes, approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946' or the `Lanham Act').''.
    (b) Forfeiture and Destruction of Property; Restitution.--Section 
2320(b) of title 18, United States Code, is amended to read as follows:
    ``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.''.
SEC. 206. FORFEITURE, DESTRUCTION, AND RESTITUTION.

    (a) In General.--Chapter 113 of title 18, United States Code, is 
amended by adding at the end the following:
``SEC. 2323. <<NOTE: Court orders.>> FORFEITURE, DESTRUCTION, AND 
                          RESTITUTION.

    ``(a) Civil Forfeiture.--
            ``(1) Property subject to forfeiture.--The following 
        property is subject to forfeiture to the United States 
        Government:
                    ``(A) Any article, the making or trafficking of 
                which is, prohibited under section 506 of title 17, or 
                section 2318, 2319, 2319A, 2319B, or 2320, or chapter 
                90, of this title.
                    ``(B) Any property used, or intended to be used, in 
                any manner or part to commit or facilitate the 
                commission of an offense referred to in subparagraph 
                (A).
                    ``(C) Any property constituting or derived from any 
                proceeds obtained directly or indirectly as a result of 
                the commission of an offense referred to in subparagraph 
                (A).
            ``(2) Procedures.--The provisions of chapter 46 relating to 
        civil forfeitures shall extend to any seizure or civil 
        forfeiture under this section. <<NOTE: Protective order.>> For 
        seizures made under this section, the court shall enter an 
        appropriate protective order with respect to discovery and use 
        of any records or information that has been seized. The 
        protective order shall provide for appropriate procedures to 
        ensure that confidential, private, proprietary, or privileged 
        information contained in such records is not improperly 
        disclosed or used. At the conclusion of the forfeiture 
        proceedings, unless otherwise requested by an agency of the 
        United States, the court shall order that any property forfeited 
        under paragraph (1) be destroyed, or otherwise disposed of 
        according to law.

    ``(b) Criminal Forfeiture.--
            ``(1) Property subject to forfeiture.--The court, in 
        imposing sentence on a person convicted of an offense under

[[Page 122 STAT. 4263]]

        section 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 
        2320, or chapter 90, of this title, shall order, in addition to 
        any other sentence imposed, that the person forfeit to the 
        United States Government any property subject to forfeiture 
        under subsection (a) for that offense.
            ``(2) Procedures.--
                    ``(A) In general.--The forfeiture of property under 
                paragraph (1), including any seizure and disposition of 
                the property and any related judicial or administrative 
                proceeding, shall be governed by the procedures set 
                forth in section 413 of the Comprehensive Drug Abuse 
                Prevention and Control Act of 1970 (21 U.S.C. 853), 
                other than subsection (d) of that section.
                    ``(B) Destruction.--At the conclusion of the 
                forfeiture proceedings, the court, unless otherwise 
                requested by an agency of the United States shall order 
                that any--
                          ``(i) forfeited article or component of an 
                      article bearing or consisting of a counterfeit 
                      mark be destroyed or otherwise disposed of 
                      according to law; and
                          ``(ii) infringing items or other property 
                      described in subsection (a)(1)(A) and forfeited 
                      under paragraph (1) of this subsection be 
                      destroyed or otherwise disposed of according to 
                      law.

    ``(c) Restitution.--When a person is convicted of an offense under 
section 506 of title 17 or section 2318, 2319, 2319A, 2319B, or 2320, or 
chapter 90, of this title, the court, pursuant to sections 3556, 3663A, 
and 3664 of this title, shall order the person to pay restitution to any 
victim of the offense as an offense against property referred to in 
section 3663A(c)(1)(A)(ii) of this title.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 113 of title 18, United States Code, is amended by adding at the 
end the following:

``Sec. 2323. Forfeiture, destruction, and restitution.''.

SEC. 207. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.

    Section 1834 of title 18, United States Code, is amended to read as 
follows:
``SEC. 1834. CRIMINAL FORFEITURE.

    ``Forfeiture, destruction, and restitution relating to this chapter 
shall be subject to section 2323, to the extent provided in that 
section, in addition to any other similar remedies provided by law.''.
SEC. 208. CRIMINAL INFRINGEMENT OF A COPYRIGHT.

    Section 2319 of title 18, United States Code, is amended--
            (1) in subsection (b)(2)--
                    (A) by inserting ``is a felony and'' after 
                ``offense'' the first place such term appears; and
                    (B) by striking ``paragraph (1)'' and inserting 
                ``subsection (a)'';
            (2) in subsection (c)(2)--
                    (A) by inserting ``is a felony and'' after 
                ``offense'' the first place such term appears; and
                    (B) by striking ``paragraph (1)'' and inserting 
                ``subsection (a)'';
            (3) in subsection (d)(3)--

[[Page 122 STAT. 4264]]

                    (A) by inserting ``is a felony and'' after 
                ``offense'' the first place such term appears; and
                    (B) by inserting ``under subsection (a)'' before the 
                semicolon; and
            (4) in subsection (d)(4), by inserting ``is a felony and'' 
        after ``offense'' the first place such term appears.
SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendments to Title 17, United States Code.--
            (1) Section 109 (b)(4) of title 17, United States Code, is 
        amended by striking ``505, and 509'' and inserting ``and 505''.
            (2) Section 111 of title 17, United States Code, is 
        amended--
                    (A) in subsection (b), by striking ``and 509'';
                    (B) in subsection (c)--
                          (i) in paragraph (2), by striking ``and 509'';
                          (ii) in paragraph (3), by striking ``sections 
                      509 and 510'' and inserting ``section 510''; and
                          (iii) in paragraph (4), by striking ``and 
                      section 509''; and
                    (C) in subsection (e)--
                          (i) in paragraph (1), by striking ``sections 
                      509 and 510'' and inserting ``section 510''; and
                          (ii) in paragraph (2), by striking ``and 
                      509''.
            (3) Section 115(c) of title 17, United States Code, is 
        amended--
                    (A) in paragraph (3)(G)(i), by striking ``and 509''; 
                and
                    (B) in paragraph (6), by striking ``and 509''.
            (4) Section 119(a) of title 17, United States Code, is 
        amended--
                    (A) in paragraph (6), by striking ``sections 509 and 
                510'' and inserting ``section 510'';
                    (B) in paragraph (7)(A), by striking ``and 509'';
                    (C) in paragraph (8), by striking ``and 509''; and
                    (D) in paragraph (13), by striking ``and 509''.
            (5) Section 122 of title 17, United States Code, is 
        amended--
                    (A) in subsection (d), by striking ``and 509'';
                    (B) in subsection (e), by striking ``sections 509 
                and 510'' and inserting ``section 510''; and
                    (C) in subsection (f)(1), by striking ``and 509''.
            (6) Section 411(b) of title 17, United States Code, is 
        amended by striking ``sections 509 and 510'' and inserting 
        ``section 510''.

    (b) Other Amendments.--Section 596(c)(2)(c) of the Tariff Act of 
1950 (19 U.S.C. 1595a(c)(2)(c)) is amended by striking ``or 509''.

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

SEC. 301. <<NOTE: 15 USC 8111.>> INTELLECTUAL PROPERTY ENFORCEMENT 
                        COORDINATOR.

    (a) Intellectual Property 
Enforcement <<NOTE: President. Appointments.>> Coordinator.--The 
President shall appoint, by and with the advice and consent

[[Page 122 STAT. 4265]]

of the Senate, an Intellectual Property Enforcement Coordinator (in this 
title referred to as the ``IPEC'') to serve within the Executive Office 
of the President. As an exercise of the rulemaking power of the Senate, 
any nomination of the IPEC submitted to the Senate for confirmation, and 
referred to a committee, shall be referred to the Committee on the 
Judiciary.

    (b) Duties of IPEC.--
            (1) In general.--The IPEC shall--
                    (A) chair the interagency intellectual property 
                enforcement advisory committee established under 
                subsection (b)(3)(A);
                    (B) coordinate the development of the Joint 
                Strategic Plan against counterfeiting and infringement 
                by the advisory committee under section 303;
                    (C) assist, at the request of the departments and 
                agencies listed in subsection (b)(3)(A), in the 
                implementation of the Joint Strategic Plan;
                    (D) facilitate the issuance of policy guidance to 
                departments and agencies on basic issues of policy and 
                interpretation, to the extent necessary to assure the 
                coordination of intellectual property enforcement policy 
                and consistency with other law;
                    (E) <<NOTE: Reports.>> report to the President and 
                report to Congress, to the extent consistent with law, 
                regarding domestic and international intellectual 
                property enforcement programs;
                    (F) <<NOTE: Reports. Recommen- dations.>> report to 
                Congress, as provided in section 304, on the 
                implementation of the Joint Strategic Plan, and make 
                recommendations, if any and as appropriate, to Congress 
                for improvements in Federal intellectual property laws 
                and enforcement efforts; and
                    (G) carry out such other functions as the President 
                may direct.
            (2) Limitation on authority.--The IPEC may not control or 
        direct any law enforcement agency, including the Department of 
        Justice, in the exercise of its investigative or prosecutorial 
        authority.
            (3) Advisory committee.--
                    (A) Establishment.--There is established an 
                interagency intellectual property enforcement advisory 
                committee composed of the IPEC, who shall chair the 
                committee, and the following members:
                          (i) Senate-confirmed representatives of the 
                      following departments and agencies who are 
                      involved in intellectual property enforcement, and 
                      who are, or are appointed by, the respective heads 
                      of those departments and agencies:
                                    (I) The Office of Management and 
                                Budget.
                                    (II) Relevant units within the 
                                Department of Justice, including the 
                                Federal Bureau of Investigation and the 
                                Criminal Division.
                                    (III) The United States Patent and 
                                Trademark Office and other relevant 
                                units of the Department of Commerce.
                                    (IV) The Office of the United States 
                                Trade Representative.
                                    (V) The Department of State, the 
                                United States Agency for International 
                                Development, and

[[Page 122 STAT. 4266]]

                                the Bureau of International Narcotics 
                                Law Enforcement.
                                    (VI) The Department of Homeland 
                                Security, United States Customs and 
                                Border Protection, and United States 
                                Immigration and Customs Enforcement.
                                    (VII) The Food and Drug 
                                Administration of the Department of 
                                Health and Human Services.
                                    (VIII) The Department of 
                                Agriculture.
                                    (IX) Any such other agencies as the 
                                President determines to be substantially 
                                involved in the efforts of the Federal 
                                Government to combat counterfeiting and 
                                infringement.
                          (ii) The Register of Copyrights, or a senior 
                      representative of the United States Copyright 
                      Office appointed by the Register of Copyrights.
                    (B) Functions.--The <<NOTE: Strategic 
                plan.>> advisory committee established under 
                subparagraph (A) shall develop the Joint Strategic Plan 
                against counterfeiting and infringement under section 
                303.
SEC. 302. <<NOTE: 15 USC 8112.>> DEFINITION.

    For purposes of this title, the term ``intellectual property 
enforcement'' means matters relating to the enforcement of laws 
protecting copyrights, patents, trademarks, other forms of intellectual 
property, and trade secrets, both in the United States and abroad, 
including in particular matters relating to combating counterfeit and 
infringing goods.
SEC. 303. <<NOTE: 15 USC 8113.>> JOINT STRATEGIC PLAN.

    (a) Purpose.--The objectives of the Joint Strategic Plan against 
counterfeiting and infringement that is referred to in section 
301(b)(1)(B) (in this section referred to as the ``joint strategic 
plan'') are the following:
            (1) Reducing counterfeit and infringing goods in the 
        domestic and international supply chain.
            (2) Identifying and addressing structural weaknesses, 
        systemic flaws, or other unjustified impediments to effective 
        enforcement action against the financing, production, 
        trafficking, or sale of counterfeit or infringing goods, 
        including identifying duplicative efforts to enforce, 
        investigate, and prosecute intellectual property crimes across 
        the Federal agencies and Departments that comprise the Advisory 
        Committee and recommending how such duplicative efforts may be 
        minimized. Such recommendations may include recommendations on 
        how to reduce duplication in personnel, materials, technologies, 
        and facilities utilized by the agencies and Departments 
        responsible for the enforcement, investigation, or prosecution 
        of intellectual property crimes.
            (3) Ensuring that information is identified and shared among 
        the relevant departments and agencies, to the extent permitted 
        by law, including requirements relating to confidentiality and 
        privacy, and to the extent that such sharing of information is 
        consistent with Department of Justice and other law enforcement 
        protocols for handling such information, to aid in the objective 
        of arresting and prosecuting individuals and entities that are 
        knowingly involved in the financing, production, trafficking, or 
        sale of counterfeit or infringing goods.

[[Page 122 STAT. 4267]]

            (4) Disrupting and eliminating domestic and international 
        counterfeiting and infringement networks.
            (5) Strengthening the capacity of other countries to protect 
        and enforce intellectual property rights, and reducing the 
        number of countries that fail to enforce laws preventing the 
        financing, production, trafficking, and sale of counterfeit and 
        infringing goods.
            (6) Working with other countries to establish international 
        standards and policies for the effective protection and 
        enforcement of intellectual property rights.
            (7) Protecting intellectual property rights overseas by--
                    (A) working with other countries and exchanging 
                information with appropriate law enforcement agencies in 
                other countries relating to individuals and entities 
                involved in the financing, production, trafficking, or 
                sale of counterfeit and infringing goods;
                    (B) ensuring that the information referred to in 
                subparagraph (A) is provided to appropriate United 
                States law enforcement agencies in order to assist, as 
                warranted, enforcement activities in cooperation with 
                appropriate law enforcement agencies in other countries; 
                and
                    (C) building a formal process for consulting with 
                companies, industry associations, labor unions, and 
                other interested groups in other countries with respect 
                to intellectual property enforcement.

    (b) Timing.--Not <<NOTE: Deadlines.>> later than 12 months after the 
date of the enactment of this Act, and not later than December 31 of 
every third year thereafter, the IPEC shall submit the joint strategic 
plan to the Committee on the Judiciary and the Committee on 
Appropriations of the Senate, and to the Committee on the Judiciary and 
the Committee on Appropriations of the House of Representatives.

    (c) Responsibility of the IPEC.--During the development of the joint 
strategic plan, the IPEC--
            (1) shall provide assistance to, and coordinate the meetings 
        and efforts of, the appropriate officers and employees of 
        departments and agencies represented on the advisory committee 
        appointed under section 301(b)(3) who are involved in 
        intellectual property enforcement; and
            (2) may consult with private sector experts in intellectual 
        property enforcement in furtherance of providing assistance to 
        the members of the advisory committee appointed under section 
        301(b)(3).

    (d) Responsibilities of Other Departments and Agencies.--In the 
development and implementation of the joint strategic plan, the heads of 
the departments and agencies identified under section 301(b)(3) shall--
            (1) <<NOTE: Designations.>> designate personnel with 
        expertise and experience in intellectual property enforcement 
        matters to work with the IPEC and other members of the advisory 
        committee; and
            (2) share relevant department or agency information with the 
        IPEC and other members of the advisory committee, including 
        statistical information on the enforcement activities of the 
        department or agency against counterfeiting or infringement, and 
        plans for addressing the joint strategic plan, to the extent 
        permitted by law, including requirements relating to 
        confidentiality and privacy, and to the extent that such

[[Page 122 STAT. 4268]]

        sharing of information is consistent with Department of Justice 
        and other law enforcement protocols for handling such 
        information.

    (e) Contents of the Joint Strategic Plan.--Each joint strategic plan 
shall include the following:
            (1) A description of the priorities identified for carrying 
        out the objectives in the joint strategic plan, including 
        activities of the Federal Government relating to intellectual 
        property enforcement.
            (2) A description of the means to be employed to achieve the 
        priorities, including the means for improving the efficiency and 
        effectiveness of the Federal Government's enforcement efforts 
        against counterfeiting and infringement.
            (3) Estimates of the resources necessary to fulfill the 
        priorities identified under paragraph (1).
            (4) The performance measures to be used to monitor results 
        under the joint strategic plan during the following year.
            (5) An analysis of the threat posed by violations of 
        intellectual property rights, including the costs to the economy 
        of the United States resulting from violations of intellectual 
        property laws, and the threats to public health and safety 
        created by counterfeiting and infringement.
            (6) An identification of the departments and agencies that 
        will be involved in implementing each priority under paragraph 
        (1).
            (7) A strategy for ensuring coordination among the 
        departments and agencies identified under paragraph (6), which 
        will facilitate oversight by the executive branch of, and 
        accountability among, the departments and agencies responsible 
        for carrying out the strategy.
            (8) Such other information as is necessary to convey the 
        costs imposed on the United States economy by, and the threats 
        to public health and safety created by, counterfeiting and 
        infringement, and those steps that the Federal Government 
        intends to take over the period covered by the succeeding joint 
        strategic plan to reduce those costs and counter those threats.

    (f) Enhancing Enforcement Efforts of Foreign Governments.--The joint 
strategic plan shall include programs to provide training and technical 
assistance to foreign governments for the purpose of enhancing the 
efforts of such governments to enforce laws against counterfeiting and 
infringement. With respect to such programs, the joint strategic plan 
shall--
            (1) seek to enhance the efficiency and consistency with 
        which Federal resources are expended, and seek to minimize 
        duplication, overlap, or inconsistency of efforts;
            (2) identify and give priority to those countries where 
        programs of training and technical assistance can be carried out 
        most effectively and with the greatest benefit to reducing 
        counterfeit and infringing products in the United States market, 
        to protecting the intellectual property rights of United States 
        persons and their licensees, and to protecting the interests of 
        United States persons otherwise harmed by violations of 
        intellectual property rights in those countries;
            (3) in identifying the priorities under paragraph (2), be 
        guided by the list of countries identified by the United States

[[Page 122 STAT. 4269]]

        Trade Representative under section 182(a) of the Trade Act of 
        1974 (19 U.S.C. 2242(a)); and
            (4) develop metrics to measure the effectiveness of the 
        Federal Government's efforts to improve the laws and enforcement 
        practices of foreign governments against counterfeiting and 
        infringement.

    (g) Dissemination of the Joint Strategic <<NOTE: Web site. Public 
information.>> Plan.--The joint strategic plan shall be posted for 
public access on the website of the White House, and shall be 
disseminated to the public through such other means as the IPEC may 
identify.
SEC. 304. <<NOTE: 15 USC 8114.>> REPORTING.

    (a) Annual Report.--Not later than December 31 of each calendar year 
beginning in 2009, the IPEC shall submit a report on the activities of 
the advisory committee during the preceding fiscal year. 
The <<NOTE: Public information.>> annual report shall be submitted to 
Congress, and disseminated to the people of the United States, in the 
manner specified in subsections (b) and (g) of section 303.

    (b) Contents.--The report required by this section shall include the 
following:
            (1) The progress made on implementing the strategic plan and 
        on the progress toward fulfillment of the priorities identified 
        under section 303(e)(1).
            (2) The progress made in efforts to encourage Federal, 
        State, and local government departments and agencies to accord 
        higher priority to intellectual property enforcement.
            (3) The progress made in working with foreign countries to 
        investigate, arrest, and prosecute entities and individuals 
        involved in the financing, production, trafficking, and sale of 
        counterfeit and infringing goods.
            (4) The manner in which the relevant departments and 
        agencies are working together and sharing information to 
        strengthen intellectual property enforcement.
            (5) An assessment of the successes and shortcomings of the 
        efforts of the Federal Government, including departments and 
        agencies represented on the committee established under section 
        301(b)(3).
            (6) Recommendations, if any and as appropriate, for any 
        changes in enforcement statutes, regulations, or funding levels 
        that the advisory committee considers would significantly 
        improve the effectiveness or efficiency of the effort of the 
        Federal Government to combat counterfeiting and infringement and 
        otherwise strengthen intellectual property enforcement, 
        including through the elimination or consolidation of 
        duplicative programs or initiatives.
            (7) The progress made in strengthening the capacity of 
        countries to protect and enforce intellectual property rights.
            (8) The successes and challenges in sharing with other 
        countries information relating to intellectual property 
        enforcement.
            (9) The progress made under trade agreements and treaties to 
        protect intellectual property rights of United States persons 
        and their licensees.
            (10) The progress made in minimizing duplicative efforts, 
        materials, facilities, and procedures of the Federal agencies 
        and Departments responsible for the enforcement, investigation, 
        or prosecution of intellectual property crimes.

[[Page 122 STAT. 4270]]

            (11) Recommendations, if any and as appropriate, on how to 
        enhance the efficiency and consistency with which Federal funds 
        and resources are expended to enforce, investigate, or prosecute 
        intellectual property crimes, including the extent to which the 
        agencies and Departments responsible for the enforcement, 
        investigation, or prosecution of intellectual property crimes 
        have utilized existing personnel, materials, technologies, and 
        facilities.
SEC. 305. <<NOTE: 15 USC 8115.>> SAVINGS AND REPEALS.

    (a) Transition From NIPLECC to IPEC.--
            (1) Repeal <<NOTE: Effective date. Publication.>> of 
        niplecc.--Section 653 of the Treasury and General Government 
        Appropriations Act, 2000 (15 U.S.C. 1128) is repealed effective 
        upon confirmation of the IPEC by the Senate and publication of 
        such appointment in the Congressional Record.
            (2) Continuity of performance of duties.--Upon confirmation 
        by the Senate, and notwithstanding paragraph (1), the IPEC may 
        use the services and personnel of the National Intellectual 
        Property Law Enforcement Coordination Council, for such time as 
        is reasonable, to perform any functions or duties which in the 
        discretion of the IPEC are necessary to facilitate the orderly 
        transition of any functions or duties transferred from the 
        Council to the IPEC pursuant to any provision of this Act or any 
        amendment made by this Act.

    (b) Current Authorities Not Affected.--Except as provided in 
subsection (a), nothing in this title shall alter the authority of any 
department or agency of the United States (including any independent 
agency) that relates to--
            (1) the investigation and prosecution of violations of laws 
        that protect intellectual property rights;
            (2) the administrative enforcement, at the borders of the 
        United States, of laws that protect intellectual property 
        rights; or
            (3) the United States trade agreements program or 
        international trade.

    (c) Rules of Construction.--Nothing in this title--
            (1) shall derogate from the powers, duties, and functions of 
        any of the agencies, departments, or other entities listed or 
        included under section 301(b)(3)(A); and
            (2) shall be construed to transfer authority regarding the 
        control, use, or allocation of law enforcement resources, or the 
        initiation or prosecution of individual cases or types of cases, 
        from the responsible law enforcement department or agency.
SEC. 306. <<NOTE: 15 USC 8116.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such sums as may be necessary to carry out this title.

[[Page 122 STAT. 4271]]

                TITLE IV--DEPARTMENT OF JUSTICE PROGRAMS

SEC. 401. <<NOTE: 42 USC 3713a.>> LOCAL LAW ENFORCEMENT GRANTS.

    (a) Authorization.--Section 2 of the Computer Crime Enforcement Act 
(42 U.S.C. 3713) is amended--
            (1) in subsection (b), by inserting after ``computer crime'' 
        each place it appears the following: ``, including infringement 
        of copyrighted works over the Internet''; and
            (2) in subsection (e)(1), relating to authorization of 
        appropriations, by striking ``fiscal years 2001 through 2004'' 
        and inserting ``fiscal years 2009 through 2013''.

    (b) Grants.--The Office of Justice Programs of the Department of 
Justice may make grants to eligible State or local law enforcement 
entities, including law enforcement agencies of municipal governments 
and public educational institutions, for training, prevention, 
enforcement, and prosecution of intellectual property theft and 
infringement crimes (in this subsection referred to as ``IP-TIC 
grants''), in accordance with the following:
            (1) Use of ip-tic grant amounts.--IP-TIC grants may be used 
        to establish and develop programs to do the following with 
        respect to the enforcement of State and local true name and 
        address laws and State and local criminal laws on anti-
        infringement, anti-counterfeiting, and unlawful acts with 
        respect to goods by reason of their protection by a patent, 
        trademark, service mark, trade secret, or other intellectual 
        property right under State or Federal law:
                    (A) Assist State and local law enforcement agencies 
                in enforcing those laws, including by reimbursing State 
                and local entities for expenses incurred in performing 
                enforcement operations, such as overtime payments and 
                storage fees for seized evidence.
                    (B) Assist State and local law enforcement agencies 
                in educating the public to prevent, deter, and identify 
                violations of those laws.
                    (C) Educate and train State and local law 
                enforcement officers and prosecutors to conduct 
                investigations and forensic analyses of evidence and 
                prosecutions in matters involving those laws.
                    (D) Establish task forces that include personnel 
                from State or local law enforcement entities, or both, 
                exclusively to conduct investigations and forensic 
                analyses of evidence and prosecutions in matters 
                involving those laws.
                    (E) Assist State and local law enforcement officers 
                and prosecutors in acquiring computer and other 
                equipment to conduct investigations and forensic 
                analyses of evidence in matters involving those laws.
                    (F) Facilitate and promote the sharing, with State 
                and local law enforcement officers and prosecutors, of 
                the expertise and information of Federal law enforcement 
                agencies about the investigation, analysis, and 
                prosecution of matters involving those laws and criminal 
                infringement of copyrighted works, including the use of 
                multijurisdictional task forces.
            (2) Eligibility.--To be eligible to receive an IP-TIC grant, 
        a State or local government entity shall provide to the Attorney

[[Page 122 STAT. 4272]]

        General, in addition to the information regularly required to be 
        provided under the Financial Guide issued by the Office of 
        Justice Programs and any other information required of 
        Department of Justice's grantees--
                    (A) assurances that the State in which the 
                government entity is located has in effect laws 
                described in paragraph (1);
                    (B) <<NOTE: Assessments.>> an assessment of the 
                resource needs of the State or local government entity 
                applying for the grant, including information on the 
                need for reimbursements of base salaries and overtime 
                costs, storage fees, and other expenditures to improve 
                the investigation, prevention, or enforcement of laws 
                described in paragraph (1); and
                    (C) a <<NOTE: Plans.>> plan for coordinating the 
                programs funded under this section with other federally 
                funded technical assistance and training programs, 
                including directly funded local programs such as the 
                Edward Byrne Memorial Justice Assistance Grant Program 
                authorized by subpart 1 of part E of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3750 et seq.).
            (3) Matching funds.--The Federal share of an IP-TIC grant 
        may not exceed 50 percent of the costs of the program or 
        proposal funded by the IP-TIC grant.
            (4) Authorization of appropriations.--
                    (A) Authorization.--There is authorized to be 
                appropriated to carry out this subsection the sum of 
                $25,000,000 for each of fiscal years 2009 through 2013.
                    (B) Limitation.--Of the amount made available to 
                carry out this subsection in any fiscal year, not more 
                than 3 percent may be used by the Attorney General for 
                salaries and administrative expenses.
SEC. 402. <<NOTE: 42 USC 3713b.>> IMPROVED INVESTIGATIVE AND 
                        FORENSIC RESOURCES FOR ENFORCEMENT OF LAWS 
                        RELATED TO INTELLECTUAL PROPERTY CRIMES.

    (a) In General.--Subject to the availability of appropriations to 
carry out this subsection, the Attorney General, in consultation with 
the Director of the Federal Bureau of Investigation, shall, with respect 
to crimes related to the theft of intellectual property--
            (1) ensure that there are at least 10 additional operational 
        agents of the Federal Bureau of Investigation designated to 
        support the Computer Crime and Intellectual Property Section of 
        the Criminal Division of the Department of Justice in the 
        investigation and coordination of intellectual property crimes;
            (2) ensure that any Computer Hacking and Intellectual 
        Property Crime Unit in the Department of Justice is supported by 
        at least 1 agent of the Federal Bureau of Investigation (in 
        addition to any agent supporting such unit as of the date of the 
        enactment of this Act) to support such unit for the purpose of 
        investigating or prosecuting intellectual property crimes;
            (3) ensure that all Computer Hacking and Intellectual 
        Property Crime Units located at an office of a United States 
        Attorney are assigned at least 2 Assistant United States 
        Attorneys responsible for investigating and prosecuting computer 
        hacking or intellectual property crimes; and

[[Page 122 STAT. 4273]]

            (4) ensure the implementation of a regular and comprehensive 
        training program--
                    (A) the purpose of which is to train agents of the 
                Federal Bureau of Investigation in the investigation and 
                prosecution of such crimes and the enforcement of laws 
                related to intellectual property crimes; and
                    (B) that includes relevant forensic training related 
                to investigating and prosecuting intellectual property 
                crimes.

    (b) Organized Crime Plan.--Subject <<NOTE: Deadline.>> to the 
availability of appropriations to carry out this subsection, and not 
later than 180 days after the date of the enactment of this Act, the 
Attorney General, through the United States Attorneys' Offices, the 
Computer Crime and Intellectual Property section, and the Organized 
Crime and Racketeering section of the Department of Justice, and in 
consultation with the Federal Bureau of Investigation and other Federal 
law enforcement agencies, such as the Department of Homeland Security, 
shall create and implement a comprehensive, long-range plan to 
investigate and prosecute international organized crime syndicates 
engaging in or supporting crimes relating to the theft of intellectual 
property.

    (c) Authorization.--There are authorized to be appropriated to carry 
out this section $10,000,000 for each of fiscal years 2009 through 2013.
SEC. 403. <<NOTE: 42 USC 3713c.>> ADDITIONAL FUNDING FOR RESOURCES 
                        TO INVESTIGATE AND PROSECUTE INTELLECTUAL 
                        PROPERTY CRIMES AND OTHER CRIMINAL 
                        ACTIVITY INVOLVING COMPUTERS.

    (a) Additional Funding for Resources.--
            (1) Authorization.--In addition to amounts otherwise 
        authorized for resources to investigate and prosecute 
        intellectual property crimes and other criminal activity 
        involving computers, there are authorized to be appropriated for 
        each of the fiscal years 2009 through 2013--
                    (A) $10,000,000 to the Director of the Federal 
                Bureau of Investigation; and
                    (B) $10,000,000 to the Attorney General for the 
                Criminal Division of the Department of Justice.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.

    (b) Use of Additional Funding.--Funds made available under 
subsection (a) shall be used by the Director of the Federal Bureau of 
Investigation and the Attorney General, for the Federal Bureau of 
Investigation and the Criminal Division of the Department of Justice, 
respectively, to--
            (1) hire and train law enforcement officers to--
                    (A) investigate intellectual property crimes and 
                other crimes committed through the use of computers and 
                other information technology, including through the use 
                of the Internet; and
                    (B) assist in the prosecution of such crimes; and
            (2) enable relevant units of the Department of Justice, 
        including units responsible for investigating computer hacking 
        or intellectual property crimes, to procure advanced tools of 
        forensic science and expert computer forensic assistance, 
        including from non-governmental entities, to investigate, 
        prosecute, and study such crimes.

[[Page 122 STAT. 4274]]

SEC. 404. <<NOTE: 42 USC 3713d.>> ANNUAL REPORTS.

    (a) Report of the Attorney General.--Not later than 1 year after the 
date of the enactment of this Act, and annually thereafter, the Attorney 
General shall submit a report to Congress on actions taken to carry out 
this title. The initial report required under this subsection shall be 
submitted by May 1, 2009. All subsequent annual reports shall be 
submitted by May 1st of each fiscal year thereafter. The report required 
under this subsection may be submitted as part of the annual performance 
report of the Department of Justice, and shall include the following:
            (1) <<NOTE: Grants.>> With respect to grants issued under 
        section 401, the number and identity of State and local law 
        enforcement grant applicants, the number of grants issued, the 
        dollar value of each grant, including a break down of such value 
        showing how the recipient used the funds, the specific purpose 
        of each grant, and the reports from recipients of the grants on 
        the efficacy of the program supported by the grant. The 
        Department of Justice shall use the information provided by the 
        grant recipients to produce a statement for each individual 
        grant. Such statement shall state whether each grantee has 
        accomplished the purposes of the grant as established in section 
        401(b). Those grantees not in compliance with the requirements 
        of this title shall be subject, but not limited to, sanctions as 
        described in the Financial Guide issued by the Office of Justice 
        Programs at the Department of Justice.
            (2) With respect to the additional agents of the Federal 
        Bureau of Investigation authorized under paragraphs (1) and (2) 
        of section 402(a), the number of investigations and actions in 
        which such agents were engaged, the type of each action, the 
        resolution of each action, and any penalties imposed in each 
        action.
            (3) With respect to the training program authorized under 
        section 402(a)(4), the number of agents of the Federal Bureau of 
        Investigation participating in such program, the elements of the 
        training program, and the subject matters covered by the 
        program.
            (4) With respect to the organized crime plan authorized 
        under section 402(b), the number of organized crime 
        investigations and prosecutions resulting from such plan.
            (5) With respect to the authorizations under section 403--
                    (A) the number of law enforcement officers hired and 
                the number trained;
                    (B) the number and type of investigations and 
                prosecutions resulting from the hiring and training of 
                such law enforcement officers;
                    (C) the defendants involved in any such 
                prosecutions;
                    (D) any penalties imposed in each such successful 
                prosecution;
                    (E) the advanced tools of forensic science procured 
                to investigate, prosecute, and study computer hacking or 
                intellectual property crimes; and
                    (F) the number and type of investigations and 
                prosecutions in such tools were used.
            (6) Any other information that the Attorney General may 
        consider relevant to inform Congress on the effective use of the 
        resources authorized under sections 401, 402, and 403.

[[Page 122 STAT. 4275]]

            (7) A summary of the efforts, activities, and resources the 
        Department of Justice has allocated to the enforcement, 
        investigation, and prosecution of intellectual property crimes, 
        including--
                    (A) a review of the policies and efforts of the 
                Department of Justice related to the prevention and 
                investigation of intellectual property crimes, including 
                efforts at the Office of Justice Programs, the Criminal 
                Division of the Department of Justice, the Executive 
                Office of United States Attorneys, the Office of the 
                Attorney General, the Office of the Deputy Attorney 
                General, the Office of Legal Policy, and any other 
                agency or bureau of the Department of Justice whose 
                activities relate to intellectual property;
                    (B) a summary of the overall successes and failures 
                of such policies and efforts;
                    (C) a review of the investigative and prosecution 
                activity of the Department of Justice with respect to 
                intellectual property crimes, including--
                          (i) the number of investigations initiated 
                      related to such crimes;
                          (ii) the number of arrests related to such 
                      crimes; and
                          (iii) the number of prosecutions for such 
                      crimes, including--
                                    (I) the number of defendants 
                                involved in such prosecutions;
                                    (II) whether the prosecution 
                                resulted in a conviction; and
                                    (III) the sentence and the statutory 
                                maximum for such crime, as well as the 
                                average sentence imposed for such crime; 
                                and
                    (D) a Department-wide assessment of the staff, 
                financial resources, and other resources (such as time, 
                technology, and training) devoted to the enforcement, 
                investigation, and prosecution of intellectual property 
                crimes, including the number of investigators, 
                prosecutors, and forensic specialists dedicated to 
                investigating and prosecuting intellectual property 
                crimes.
            (8) A summary of the efforts, activities, and resources that 
        the Department of Justice has taken to--
                    (A) minimize duplicating the efforts, materials, 
                facilities, and procedures of any other Federal agency 
                responsible for the enforcement, investigation, or 
                prosecution of intellectual property crimes; and
                    (B) enhance the efficiency and consistency with 
                which Federal funds and resources are expended to 
                enforce, investigate, or prosecute intellectual property 
                crimes, including the extent to which the Department has 
                utilized existing personnel, materials, technologies, 
                and facilities.

    (b) Initial Report of the Attorney General.--The first report 
required to be submitted by the Attorney General under subsection (a) 
shall include a summary of the efforts, activities, and resources the 
Department of Justice has allocated in the 5 years prior to the date of 
enactment of this Act, as well as the 1-year period following such date 
of enactment, to the enforcement, investigation, and prosecution of 
intellectual property crimes, including--

[[Page 122 STAT. 4276]]

            (1) a review of the policies and efforts of the Department 
        of Justice related to the prevention and investigation of 
        intellectual property crimes, including efforts at the Office of 
        Justice Programs, the Criminal Division of the Department of 
        Justice, the Executive Office of United States Attorneys, the 
        Office of the Attorney General, the Office of the Deputy 
        Attorney General, the Office of Legal Policy, and any other 
        agency or bureau of the Department of Justice whose activities 
        relate to intellectual property;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Department of Justice with respect to intellectual 
        property crimes, including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                          (i) the number of defendants involved in such 
                      prosecutions;
                          (ii) whether the prosecution resulted in a 
                      conviction; and
                          (iii) the sentence and the statutory maximum 
                      for such crime, as well as the average sentence 
                      imposed for such crime; and
            (4) a Department-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual property 
        crimes.

    (c) Report of the FBI.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Director of the 
Federal Bureau of Investigation shall submit a report to Congress on 
actions taken to carry out this title. The initial report required under 
this subsection shall be submitted by May 1, 2009. All subsequent annual 
reports shall be submitted by May 1st of each fiscal year thereafter. 
The report required under this subsection may be submitted as part of 
the annual performance report of the Department of Justice, and shall 
include--
            (1) a review of the policies and efforts of the Bureau 
        related to the prevention and investigation of intellectual 
        property crimes;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Bureau with respect to intellectual property crimes, 
        including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                          (i) the number of defendants involved in such 
                      prosecutions;

[[Page 122 STAT. 4277]]

                          (ii) whether the prosecution resulted in a 
                      conviction; and
                          (iii) the sentence and the statutory maximum 
                      for such crime, as well as the average sentence 
                      imposed for such crime; and
            (4) a Bureau-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual property 
        crimes.

    (d) Initial Report of the FBI.--The first report required to be 
submitted by the Director of the Federal Bureau of Investigation under 
subsection (c) shall include a summary of the efforts, activities, and 
resources the Federal Bureau of Investigation has allocated in the 5 
years prior to the date of enactment of this Act, as well as the 1-year 
period following such date of enactment to the enforcement, 
investigation, and prosecution of intellectual property crimes, 
including--
            (1) a review of the policies and efforts of the Bureau 
        related to the prevention and investigation of intellectual 
        property crimes;
            (2) a summary of the overall successes and failures of such 
        policies and efforts;
            (3) a review of the investigative and prosecution activity 
        of the Bureau with respect to intellectual property crimes, 
        including--
                    (A) the number of investigations initiated related 
                to such crimes;
                    (B) the number of arrests related to such crimes; 
                and
                    (C) the number of prosecutions for such crimes, 
                including--
                          (i) the number of defendants involved in such 
                      prosecutions;
                          (ii) whether the prosecution resulted in a 
                      conviction; and
                          (iii) the sentence and the statutory maximum 
                      for such crime, as well as the average sentence 
                      imposed for such crime; and
            (4) a Bureau-wide assessment of the staff, financial 
        resources, and other resources (such as time, technology, and 
        training) devoted to the enforcement, investigation, and 
        prosecution of intellectual property crimes, including the 
        number of investigators, prosecutors, and forensic specialists 
        dedicated to investigating and prosecuting intellectual property 
        crimes.

                         TITLE V--MISCELLANEOUS

SEC. 501. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF 
                        MANUFACTURERS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to help determine how the Federal Government could 
better protect the intellectual property of manufacturers by

[[Page 122 STAT. 4278]]

quantification of the impacts of imported and domestic counterfeit goods 
on--
            (1) the manufacturing industry in the United States; and
            (2) the overall economy of the United States.

    (b) Contents.--In conducting the study required under subsection 
(a), the Comptroller General shall examine--
            (1) the extent that counterfeit manufactured goods are 
        actively being trafficked in and imported into the United 
        States;
            (2) the impacts on domestic manufacturers in the United 
        States of current law regarding defending intellectual property, 
        including patent, trademark, and copyright protections;
            (3) the nature and scope of current statutory law and case 
        law regarding protecting trade dress from being illegally 
        copied;
            (4) the extent which such laws are being used to investigate 
        and prosecute acts of trafficking in counterfeit manufactured 
        goods;
            (5) any effective practices or procedures that are 
        protecting all types of intellectual property; and
            (6) any changes to current statutes or rules that would need 
        to be implemented to more effectively protect the intellectual 
        property rights of manufacturers.

    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to Congress a report 
on the results of the study required under subsection (a).
SEC. 502. GAO AUDIT AND REPORT ON NONDUPLICATION AND EFFICIENCY.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General shall conduct an audit and submit a report to the 
Committee on the Judiciary of the Senate and to the Committee on the 
Judiciary of the House of Representatives on--
            (1) the efforts, activities, and actions of the Intellectual 
        Property Enforcement Coordinator and the Attorney General in 
        achieving the goals and purposes of this Act, as well as in 
        carrying out any responsibilities or duties assigned to each 
        such individual or agency under this Act;
            (2) any possible legislative, administrative, or regulatory 
        changes that Comptroller General recommends be taken by or on 
        behalf of the Intellectual Property Enforcement Coordinator or 
        the Attorney General to better achieve such goals and purposes, 
        and to more effectively carry out such responsibilities and 
        duties;
            (3) the effectiveness of any actions taken and efforts made 
        by the Intellectual Property Enforcement Coordinator and the 
        Attorney General to--
                    (A) minimize duplicating the efforts, materials, 
                facilities, and procedures of any other Federal agency 
                responsible for the enforcement, investigation, or 
                prosecution of intellectual property crimes; and
                    (B) enhance the efficiency and consistency with 
                which Federal funds and resources are expended to 
                enforce, investigate, or prosecute intellectual property 
                crimes, including whether the IPEC has utilized existing 
                personnel, materials, technologies, and facilities, such 
                as the National

[[Page 122 STAT. 4279]]

                Intellectual Property Rights Coordination Center 
                established at the Department of Homeland Security; and
            (4) any actions or efforts that the Comptroller General 
        recommends be taken by or on behalf of the Intellectual Property 
        Enforcement Coordinator and the Attorney General to reduce 
        duplication of efforts and increase the efficiency and 
        consistency with which Federal funds and resources are expended 
        to enforce, investigate, or prosecute intellectual property 
        crimes.
SEC. 503. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States intellectual property industries have 
        created millions of high-skill, high-paying United States jobs 
        and pay billions of dollars in annual United States tax 
        revenues;
            (2) the United States intellectual property industries 
        continue to represent a major source of creativity and 
        innovation, business start-ups, skilled job creation, exports, 
        economic growth, and competitiveness;
            (3) counterfeiting and infringement results in billions of 
        dollars in lost revenue for United States companies each year 
        and even greater losses to the United States economy in terms of 
        reduced job growth, exports, and competitiveness;
            (4) the growing number of willful violations of existing 
        Federal criminal laws involving counterfeiting and infringement 
        by actors in the United States and, increasingly, by foreign-
        based individuals and entities is a serious threat to the long-
        term vitality of the United States economy and the future 
        competitiveness of United States industry;
            (5) terrorists and organized crime utilize piracy, 
        counterfeiting, and infringement to fund some of their 
        activities;
            (6) effective criminal enforcement of the intellectual 
        property laws against violations in all categories of works 
        should be among the highest priorities of the Attorney General;
            (7) with respect to all crimes related to the theft of 
        intellectual property, the Attorney General shall give priority 
        to cases with a nexus to terrorism and organized crime; and
            (8) with respect to criminal counterfeiting and infringement 
        of computer software, including those by foreign-owned or 
        foreign-controlled entities, the Attorney General should give 
        priority to cases--
                    (A) involving the willful theft of intellectual 
                property for purposes of commercial advantage or private 
                financial gain;
                    (B) where the theft of intellectual property is 
                central to the sustainability and viability of the 
                commercial activity of the enterprise (or subsidiary) 
                involved in the violation;
                    (C) where the counterfeited or infringing goods or 
                services enables the enterprise to unfairly compete 
                against the legitimate rights holder; or

[[Page 122 STAT. 4280]]

                    (D) where there is actual knowledge of the theft of 
                intellectual property by the directors or officers of 
                the enterprise.

    Approved October 13, 2008.

LEGISLATIVE HISTORY--S. 3325:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 26, considered and passed Senate.
            Sept. 27, 28, considered and passed House.

                                  <all>