15 U.S.C. § 8101 — Definition

Page 2399 TITLE 15—COMMERCE AND TRADE § 8101 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 8006. Education and awareness program (a) In general The Commission shall establish and carry out an education and awareness program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In car- rying out the program, the Commission shall de- velop— (1) educational materials designed for swim- ming pool and spa manufacturers, service companies, and supply retail outlets, includ- ing guidance on barrier and drain cover in- spection, maintenance, and replacement; (2) educational materials designed for swim- ming pool and spa owners and operators, con- sumers, States, and Indian Tribes; and (3) a national media campaign to promote awareness of swimming pool and spa safety. (b) Authorization of appropriations There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a). (Pub. L. 110–140, title XIV, § 1407, Dec. 19, 2007, 121 Stat. 1799; Pub. L. 117–328, div. BB, title IV, § 403, Dec. 29, 2022, 136 Stat. 5563.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–328 amended section generally. Prior to amendment, section related to establishment of a pool and spa safety education program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 8007. CPSC report Not later than 1 year after the last day of each fiscal year for which grants are made under sec- tion 8004 of this title, the Commission shall sub- mit to Congress a report evaluating the imple- mentation of the grant program authorized by that section. (Pub. L. 110–140, title XIV, § 1408, Dec. 19, 2007, 121 Stat. 1800.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. § 8008. Applicability This chapter 1 is applicable to the United States and its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mar- iana Islands, and the United States Virgin Is- lands. (Pub. L. 110–140, title XIV, § 1409, as added Pub. L. 110–314, title II, § 238(3), Aug. 14, 2008, 122 Stat. 3076.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, meaning title XIV of Pub. L. 110–140, known as the Vir- ginia Graeme Baker Pool and Spa Safety Act, to reflect the probable intent of Congress. CHAPTER 107—PROTECTION OF INTELLECTUAL PROPERTY RIGHTS Sec. 8101. Definition. SUBCHAPTER I—COORDINATION AND STRATEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING AND INFRINGEMENT 8111. Intellectual Property Enforcement Coordi- nator. 8112. Definition. 8113. Joint Strategic Plan. 8114. Reporting. 8115. Savings and repeals. 8116. Authorization of appropriations. SUBCHAPTER II—CYBERSQUATTING PROTECTION 8131. Cyberpiracy protections for individuals. § 8101. Definition In this Act, the term ‘‘United States person’’ means— (1) any United States resident or national, (2) any domestic concern (including any per- manent domestic establishment of any foreign concern), and (3) any foreign subsidiary or affiliate (in- cluding 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 indi- vidual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in para- graph (1), (2), or (3). (Pub. L. 110–403, § 3, Oct. 13, 2008, 122 Stat. 4257.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 110–403, Oct. 13, 2008, 122 Stat. 4256, known as the Prioritizing Re- sources and Organization for Intellectual Property Act of 2008, which enacted this chapter and enacted, amend- ed, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 110–403, § 1(a), Oct. 13, 2008, 122 Stat. 4256, pro- vided that: ‘‘This Act [enacting this chapter, section 2323 of Title 18, Crimes and Criminal Procedure, and sections 3713a to 3713d of Title 42, The Public Health 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