The US Congress had trouble passing the “save the world” legislation the White House asked for this week, but it didn’t seem to have any trouble sending the White House a bill the White House didn’t want – and may veto – that would establish a so-called Senate-confirmed IP czar or Intellectual Property Enforcement Coordinator with cabinet-level chevrons, who’s supposed to chair an inter-agency committee and fight a tougher fight against counterfeiting and piracy worldwide.

In the opinion of the Justice Department and the Commerce Department the congressional creation of such a post “constitutes a legislative intrusion into the internal structure and composition of the president’s administration” and is “objectionable on constitutional separation of powers grounds.”

It’s also supposed to create unnecessary bureaucracy and undermine existing IP enforcement efforts.

Before the bill – the House version is called the Prioritizing Resources and Organization for Intellectual Property Act or PRO-IP – got passed, the White House was able to get Congress to drop the part where the DOJ was supposed to sue copyright and trademark infringers. It does however increase the penalties for infringement.

The proposed inter-agency committee, which is supposed to come up with a strategic plan, would include the DOJ, the Commerce Department, the State Department, Homeland Security, Health and Human Services, the Department of Agriculture, the Office of Management and the Budget, the Office of the US Trade Representative and the US Copyright Office. The IP czar couldn’t force any one of them to act however.