15 U.S.C. § 8111 — Intellectual Property Enforcement Coor-

Page 2400 TITLE 15—COMMERCE AND TRADE § 8111 and Welfare, amending sections 1116 and 1117 of this title, sections 109, 111, 115, 119, 122, 411, 412, 503, 506, 601, and 602 of Title 17, Copyrights, sections 1834 and 2318 to 2320 of Title 18, section 1595a of Title 19, Customs Du- ties, and section 3713 of Title 42, and repealing section 1128 of this title and section 509 of Title 17] may be cited as the ‘Prioritizing Resources and Organization for Intellectual Property Act of 2008’.’’ SUBCHAPTER I—COORDINATION AND STRA- TEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING AND IN- FRINGEMENT § 8111. Intellectual Property Enforcement Coor- dinator (a) Intellectual Property Enforcement Coordi- nator The President shall appoint, by and with the advice and consent of the Senate, an Intellec- tual Property Enforcement Coordinator (in this subchapter referred to as the ‘‘IPEC’’) to serve within the Executive Office of the President. As an exercise of the rulemaking power of the Sen- ate, 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 8113 of this title; (C) assist, at the request of the depart- ments and agencies listed in subsection (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guid- ance to departments and agencies on basic issues of policy and interpretation, to the extent necessary to assure the coordination of intellectual property enforcement policy and consistency with other law; (E) report to the President and report to Congress, to the extent consistent with law, regarding domestic and international intel- lectual property enforcement programs; (F) report to Congress, as provided in sec- tion 8114 of this title, on the implementation of the Joint Strategic Plan, and make rec- ommendations, if any and as appropriate, to Congress for improvements in Federal intel- lectual property laws and enforcement ef- forts; 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 Depart- ment of Justice, in the exercise of its inves- tigative or prosecutorial authority. (3) Advisory committee (A) Establishment There is established an interagency intel- lectual property enforcement advisory com- mittee 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 ap- pointed by, the respective heads of those departments and agencies: (I) The Office of Management and Budget. (II) Relevant units within the Depart- ment of Justice, including the Federal Bureau of Investigation and the Crimi- nal Division. (III) The United States Patent and Trademark Office and other relevant units of the Department of Commerce. (IV) The Office of the United States Trade Representative. (V) The Department of State, the United States Agency for International Development, and the Bureau of Inter- national Narcotics Law Enforcement. (VI) The Department of Homeland Se- curity, United States Customs and Bor- der Protection, and United States Immi- gration and Customs Enforcement. (VII) The Food and Drug Administra- tion 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 sen- ior representative of the United States Copyright Office appointed by the Register of Copyrights. (B) Functions The advisory committee established under subparagraph (A) shall develop the Joint Strategic Plan against counterfeiting and infringement under section 8113 of this title. (Pub. L. 110–403, title III, § 301, Oct. 13, 2008, 122 Stat. 4264.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified principally to this subchapter. For complete classifica- tion of title III to the Code, see Tables. Executive Documents EX. ORD. NO. 13565. ESTABLISHMENT OF THE INTELLEC- TUAL PROPERTY ENFORCEMENT ADVISORY COMMITTEES Ex. Ord. No. 13565, Feb. 8, 2011, 76 F.R. 7681, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including title III of the Prioritizing Re- sources and Organization for Intellectual Property Act of 2008 (Public Law 110–403) (15 U.S.C. 8111–8116) (the ‘‘PRO IP Act’’), and in order to strengthen the efforts of the Federal Government to encourage innovation through the effective and efficient enforcement of laws Page 2401 TITLE 15—COMMERCE AND TRADE § 8111 protecting copyrights, patents, trademarks, trade se- crets, and other forms of intellectual property, both in the United States and abroad, including matters relat- ing to combating infringement, and thereby support ef- forts to reinvigorate the Nation’s global competitive- ness, accelerate export growth, promote job creation, and reduce threats posed to national security and to public health and safety, it is hereby ordered as fol- lows: SECTION 1. Senior Intellectual Property Enforcement Ad- visory Committee. (a) Establishment of Committee. There is established an interagency Senior Intellectual Property Enforcement Advisory Committee (Senior Advisory Committee), which shall be chaired by the Intellectual Property En- forcement Coordinator (Coordinator), Executive Office of the President. (b) Membership. The Senior Advisory Committee shall be composed of the Coordinator, who shall chair it, and the heads of, or the deputies to the heads of: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Justice; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Health and Human Services; (vii) the Department of Homeland Security; (viii) the Office of Management and Budget; and (ix) the Office of the United States Trade Representa- tive. A member of the Senior Advisory Committee may, in consultation with the Coordinator, designate a senior- level official from the member’s department or agency who holds a position for which Senate confirmation is required to perform the Senior Advisory Committee functions of the member. (c) Mission and Functions. Consistent with the au- thorities assigned to the Coordinator, and other appli- cable law, the Senior Advisory Committee shall advise the Coordinator and facilitate the formation and imple- mentation of each Joint Strategic Plan required every 3 years under title III of the PRO IP Act (15 U.S.C. 8113), consistent with this order. (d) Administration. The Coordinator shall coordinate and support the work of the Senior Advisory Com- mittee in fulfilling its functions under this order. The Coordinator shall convene the first meeting of the Sen- ior Advisory Committee within 90 days of the date of this order and shall thereafter convene such meetings as appropriate. SEC. 2. Intellectual Property Enforcement Advisory Com- mittee. (a) Establishment of Committee. There is established an interagency Intellectual Property Enforcement Advi- sory Committee (Enforcement Advisory Committee), which shall be chaired by the Coordinator. The En- forcement Advisory Committee shall serve as the com- mittee established by section 301(b)(3) of the PRO IP Act (15 U.S.C. 8111(b)(3)). (b) Membership. The Enforcement Advisory Com- mittee shall be composed of the Coordinator, who shall chair it, and representatives from the following depart- ments and agencies, or units of departments and agen- cies, who hold a position for which Senate confirmation is required, who are involved in intellectual property enforcement, and who are, or are designated by, the re- spective heads of those departments and agencies: (i) the Office of Management and Budget; (ii) relevant units within the Department of Justice, including the Criminal Division, the Civil Division, and the Federal Bureau of Investigation; (iii) the United States Patent and Trademark Office, the International Trade Administration, and other rel- evant units of the Department of Commerce; (iv) the Office of the United States Trade Representa- tive; (v) the Department of State, the Bureau of Economic, Energy, and Business Affairs, the United States Agency for International Development and the Bureau of Inter- national Narcotics and Law Enforcement Affairs; (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 De- partment of Health and Human Services; (viii) the Department of Agriculture; (ix) the Department of the Treasury; and (x) such other executive branch departments, agen- cies, or offices as the President determines to be sub- stantially involved in the efforts of the Federal Gov- ernment to combat counterfeiting and infringement. Pursuant to the PRO IP Act (15 U.S.C. 8111), the Coor- dinator shall also invite the Register of Copyrights, or a senior representative of the United States Copyright Office designated by the Register of Copyrights, to serve as a member of the Enforcement Advisory Com- mittee. (c) Mission and Functions. (i) Consistent with the authorities assigned to the Co- ordinator and the Enforcement Advisory Committee, and other applicable law, the Enforcement Advisory Committee shall develop each Joint Strategic Plan as provided for in title III of the PRO IP Act. In the devel- opment and implementation of the Joint Strategic Plan, the heads of the departments and agencies identi- fied in section 2(b) of this order shall share with the Co- ordinator and the other members of the Enforcement Advisory Committee relevant department or agency in- formation, 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 law enforcement protocols for handling such information. Such information shall include: (A) plans for addressing the Joint Strategic Plan; (B) statistical information on the enforcement ac- tivities taken by that department or agency against counterfeiting or infringement; and (C) recommendations to enhance cooperation among Federal, State, and local authorities respon- sible for intellectual property enforcement. (ii) The Coordinator may establish subgroups, con- sisting exclusively of Enforcement Advisory Com- mittee members or their designees, who must be offi- cials from the designating member’s department or agency, to support the functions of the Enforcement Advisory Committee. The subgroups shall be chaired by the Coordinator, or the Coordinator’s designee with ex- pertise and experience in intellectual property enforce- ment matters, and may include: (A) an Enforcement Subcommittee; and (B) other subcommittees as the Coordinator deems appropriate, including subcommittees addressing par- ticular enforcement issues, efforts, training, and in- formation sharing among departments and agencies. (d) Administration. The Coordinator shall coordinate and support the work of the Enforcement Advisory Committee in fulfilling its functions under this order and under section 301(b)(3)(B) of the PRO IP Act (15 U.S.C. 8111(b)(3)(B)). The Coordinator shall convene meetings of the Enforcement Advisory Committee as appropriate. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect the: (i) authority granted by law to an executive depart- ment, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. Consistent with section 301(b)(2) of the PRO IP Act (15 U.S.C. 8111(b)(2)), the Coordinator may not control or direct any Federal law enforcement agency in the exercise of its investigative or prosecutorial au- thority. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- Page 2402 TITLE 15—COMMERCE AND TRADE § 8112 able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 8112. Definition For purposes of this subchapter, the term ‘‘in- tellectual 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 par- ticular matters relating to combating counter- feit and infringing goods. (Pub. L. 110–403, title III, § 302, Oct. 13, 2008, 122 Stat. 4266.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4264, which is classified prin- cipally to this subchapter. For complete classification of title III to the Code, see Tables. § 8113. Joint Strategic Plan (a) Purpose The objectives of the Joint Strategic Plan against counterfeiting and infringement that is referred to in section 8111(b)(1)(B) of this title (in this section referred to as the ‘‘joint stra- tegic plan’’) are the following: (1) Reducing counterfeit and infringing goods in the domestic and international sup- ply chain. (2) Identifying and addressing structural weaknesses, systemic flaws, or other unjusti- fied impediments to effective enforcement ac- tion against the financing, production, traf- ficking, or sale of counterfeit or infringing goods, including identifying duplicative ef- forts to enforce, investigate, and prosecute in- tellectual 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 rec- ommendations on how to reduce duplication in personnel, materials, technologies, and facili- ties 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 confiden- tiality and privacy, and to the extent that such sharing of information is consistent with Department of Justice and other law enforce- ment protocols for handling such information, to aid in the objective of arresting and pros- ecuting individuals and entities that are knowingly involved in the financing, produc- tion, trafficking, or sale of counterfeit or in- fringing goods. (4) Disrupting and eliminating domestic and international counterfeiting and infringement networks. (5) Strengthening the capacity of other countries to protect and enforce intellectual property rights, and reducing the number of countries that fail to enforce laws preventing the financing, production, trafficking, and sale of counterfeit and infringing goods. (6) Working with other countries to establish international standards and policies for the ef- fective protection and enforcement of intellec- tual property rights. (7) Protecting intellectual property rights overseas by— (A) working with other countries and ex- changing information with appropriate law enforcement agencies in other countries re- lating 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 appro- priate United States law enforcement agen- cies in order to assist, as warranted, enforce- ment activities in cooperation with appro- priate law enforcement agencies in other countries; and (C) building a formal process for con- sulting with companies, industry associa- tions, labor unions, and other interested groups in other countries with respect to in- tellectual property enforcement. (b) Timing Not later than 12 months after October 13, 2008, and not later than December 31 of every third year thereafter, the IPEC shall submit the joint strategic plan to the Committee on the Ju- diciary and the Committee on Appropriations of the Senate, and to the Committee on the Judici- ary 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 coordi- nate the meetings and efforts of, the appro- priate officers and employees of departments and agencies represented on the advisory com- mittee appointed under section 8111(b)(3) of this title who are involved in intellectual property enforcement; and (2) may consult with private sector experts in intellectual property enforcement in fur- therance of providing assistance to the mem- bers of the advisory committee appointed under section 8111(b)(3) of this title. (d) Responsibilities of other departments and agencies In the development and implementation of the joint strategic plan, the heads of the depart- ments and agencies identified under section 8111(b)(3) of this title shall— (1) designate personnel with expertise and experience in intellectual property enforce- ment matters to work with the IPEC and other members of the advisory committee; and (2) share relevant department or agency in- formation with the IPEC and other members of the advisory committee, including statis- tical information on the enforcement activi- ties of the department or agency against coun- terfeiting or infringement, and plans for ad- dressing the joint strategic plan, to the extent