appeal not later than 30 days after the date of the deci-
sion. The Secretary shall issue a determination on the ap-
peal not later than 90 days after the appeal is filed. The 
Secretary shall issue regulations establishing procedures 
for the appeals process under this subsection not later 
than 18 months after the date of the enactment of this 
Act. 
SEC. 308. REPORT TO CONGRESS. 
The Secretary, acting through the Commissioner, 
shall submit to the Congress, not later than September 
30 of each year, a report on the actions taken to carry 
out this subtitle. 
Subtitle B—Strengthening Enforce-
ment of Intellectual Property 
Rights at U.S. Borders 
CHAPTER 
1—COORDINATION 
OF 
EN-
FORCEMENT 
OF 
INTELLECTUAL 
PROPERTY RIGHTS 
SEC. 311. DEFINITIONS. 
In this subtitle: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee on 
Import Safety and Intellectual Property Rights En-
forcement established pursuant to section 362 of 
this Act. 
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(2) ASSISTANT SECRETARY FOR ICE.—The term 
‘‘Assistant Secretary for ICE’’ means the Assistant 
Secretary for U.S. Immigration and Customs En-
forcement. 
(3) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(4) COUNTERFEITING; COUNTERFEIT GOODS.— 
(A) COUNTERFEITING.—The term ‘‘coun-
terfeiting’’ means activities related to produc-
tion of or trafficking in goods, including pack-
aging, that bear a spurious mark or designation 
that is identical to or substantially indistin-
guishable from a mark or designation protected 
under the trademark laws or related legislation.
(B) COUNTERFEIT
GOODS.—The term 
‘‘counterfeit goods’’ means those goods de-
scribed in subparagraph (A). 
(5) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(6) DIRECTOR.—The term ‘‘Director’’ means 
the Director of Intellectual Property Rights Enforce-
ment of the Department of the Treasury established 
in section 312. 
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(7) ENFORCEMENT
OF
INTELLECTUAL
PROP-
ERTY RIGHTS.—The term ‘‘enforcement of intellec-
tual property rights’’ means activities to enforce 
copyrights, patents, trademarks, and other forms of 
intellectual property, including activities to control 
counterfeiting and piracy, and activities to enforce 
exclusion orders issued by the United States Inter-
national Trade Commission by reason of any of sub-
paragraphs (B) through (E) of subsection (a)(1) of 
section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337(a)(1)(B) through (E)). 
(8) EXCLUSION ORDER.—The term ‘‘exclusion 
order’’ means an order of the United States Inter-
national Trade Commission issued under section 337 
(d) or (e)of the Tariff Act of 1930 to exclude goods 
from entry into the United States. 
(9) ICE.—The term ‘‘ICE’’ means U.S. Immi-
gration and Customs Enforcement. 
(10) PIRACY; PIRATED GOODS.— 
(A) PIRACY.—The term ‘‘piracy’’ means 
activities related to production of or trafficking 
in unauthorized copies or phonorecords of 
works protected under copyright law or related 
legislation. 
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(B) PIRATED GOODS.—The term ‘‘pirated 
goods’’ means those copies or phonorecords de-
scribed in subparagraph (A). 
(11) SECRETARY.—Except as otherwise pro-
vided, the term ‘‘Secretary’’ means the Secretary of 
the Treasury. 
SEC. 312. DIRECTOR OF INTELLECTUAL PROPERTY RIGHTS 
ENFORCEMENT. 
(a) ESTABLISHMENT.—There is established within 
the Department of the Treasury the position of Director 
of Intellectual Property Rights Enforcement. 
(b) APPOINTMENT.—The Director shall be appointed 
by the Secretary, and shall be responsible to and shall re-
port directly to the Deputy Secretary of the Treasury. 
(c) DUTIES.—The Director shall— 
(1) coordinate all activities of the Department 
of the Treasury involving the enforcement of intel-
lectual property rights, with particular reference to 
the activities of CBP and ICE; 
(2) oversee the development and implementa-
tion of the strategic plan for the enforcement of in-
tellectual property rights required under section 313; 
(3) coordinate the policy and regulatory 
changes set forth in chapter 4; 
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(4) serve as staff representative of the Depart-
ment of the Treasury in interagency bodies with re-
sponsibility for coordination of activities involving 
the enforcement of intellectual property rights; 
(5) conduct an evaluation of the effectiveness of 
the organizational structure of CBP for reducing the 
entry into the United States of counterfeit or pirated 
goods, goods in violation of exclusion orders, and 
other goods in violation of other intellectual property 
rights; and 
(6) carry out other duties, as assigned by the 
Secretary or Deputy Secretary of the Treasury, to 
improve the effectiveness of the efforts of the De-
partment of the Treasury under the laws within its 
jurisdiction with respect to enforcement of intellec-
tual property rights. 
SEC. 313. STRATEGIC PLAN FOR THE ENFORCEMENT OF IN-
TELLECTUAL PROPERTY RIGHTS. 
(a) IN GENERAL.—The Director shall develop, for 
approval by the Deputy Secretary of the Treasury, an an-
nual strategic plan for the enforcement of intellectual 
property rights. 
(b) CONSULTATION.—In developing the annual stra-
tegic plan required under subsection (a), the Director shall 
consult with— 
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(1) the CBP coordinator of intellectual property 
enforcement activities and the ICE coordinator of 
intellectual property enforcement authorities ap-
pointed under section 314; 
(2) all other entities within the Department of 
the Treasury with expertise and experience in the 
enforcement of intellectual property rights; 
(3) the Advisory Committee; 
(4) other agencies of the executive branch en-
gaged in the enforcement of intellectual property 
rights, including any officials designated to coordi-
nate such enforcement efforts on an interagency 
basis; and 
(5) officials from foreign law enforcement agen-
cies and international organizations, including the 
World Customs Organization, with experience and 
expertise in border control measures relating to the 
enforcement of intellectual property rights. 
(c) CONTENTS OF PLAN.—The annual strategic plan 
shall set forth objectives, goals, and strategies for more 
effective use of the authorities of CBP and ICE relating 
to the enforcement of intellectual property rights, and 
shall— 
(1) provide for specific measurement of the cur-
rent effectiveness of enforcement tools, including 
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targeting, examination, post-entry auditing, and pen-
alty actions; 
(2) give priority to those enforcement tools de-
termined under paragraph (1) to be most effective; 
(3) identify best practices, both in the United 
States and abroad, in the enforcement of intellectual 
property rights, taking into account the practices of 
enforcement authorities of other countries, and im-
plement those practices; 
(4) identify and apply the specific performance 
measures to be used to evaluate the progress of CBP 
and ICE in improving the effectiveness of its efforts 
relating to the enforcement of intellectual property 
rights; 
(5) address border control programs adminis-
tered by CBP and ICE at ports of entry for pas-
sengers and freight, and at points of entry for postal 
and courier services, as well as for goods in transit 
through United States ports and in the process of 
being exported from the United States; 
(6) recommend the optimal feasible allocation of 
human, financial, physical, and technological re-
sources that CBP and ICE should use to achieve the 
goals of the annual strategic plan; 
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(7) report on the key activities of CBP and ICE 
during the preceding year in the enforcement of in-
tellectual property rights; and 
(8) contain such other information as the Di-
rector considers appropriate to convey what CBP 
and ICE will do, over the ensuing year, with respect 
to the enforcement of intellectual property rights 
and reduce the costs that violations of intellectual 
property rights impose on the United States econ-
omy and public safety. 
(d) SUBMISSION TO CONGRESS.—Upon the approval 
of the annual strategic plan by the Deputy Secretary of 
the Treasury, the Deputy Secretary of the Treasury, after 
ensuring its consistency with relevant interagency stra-
tegic plans for the enforcement of intellectual property 
rights, shall transmit the annual strategic plan to the 
Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives, 
along with any recommendations of the Department of the 
Treasury for statutory changes or funding authorizations 
needed to improve the effectiveness of the Department’s 
efforts in the enforcement of intellectual property rights. 
(e) TIMING.—The Deputy Secretary of the Treasury 
shall submit the annual strategic plan under subsection 
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(d) not later than 180 days after the date of the enact-
ment of this Act and annually thereafter. 
SEC. 314. CBP AND ICE COORDINATORS. 
(a) CBP COORDINATORS.— 
(1) APPOINTMENT.—The Commissioner shall 
appoint a CBP coordinator of intellectual property 
rights enforcement activities (in this chapter re-
ferred to as the ‘‘CBP Coordinator’’), who shall re-
port directly to the Commissioner. 
(2) DUTIES.—The CBP Coordinator shall— 
(A) assist the Director of Intellectual 
Property Rights Enforcement of the Depart-
ment of the Treasury in the development of the 
annual strategic plan, and coordinate the imple-
mentation of those aspects of the plan that in-
volve CBP; 
(B) coordinate all efforts, at all ports of 
entry and elsewhere, carried out by CBP in the 
enforcement of intellectual property rights, in-
cluding training and staffing; 
(C) supervise the implementation of those 
aspects of the regulatory and policy reforms set 
out in this title that involve CBP; and 
(D) carry out such other duties, as as-
signed by the Commissioner, the purpose of 
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which is to improve the performance of CBP in 
the enforcement of intellectual property rights. 
(b) ICE COORDINATOR.— 
(1) APPOINTMENT.—The Assistant Secretary 
for United States Immigration and Customs En-
forcement shall appoint an ICE coordinator of intel-
lectual property enforcement activities (referred to in 
this chapter as the ‘‘ICE Coordinator’’), who shall 
report directly to the Assistant Secretary for ICE. 
(2) DUTIES.—The ICE Coordinator shall— 
(A) assist the Director of Intellectual 
Property Rights Enforcement of the Depart-
ment of the Treasury in the development of the 
annual strategic plan, and coordinate the imple-
mentation of those aspects of the plan that in-
volve ICE; 
(B) coordinate all efforts carried out by 
ICE the enforcement of intellectual property 
rights, including training and staffing; 
(C) supervise the implementation of those 
aspects of the regulatory and policy reforms set 
out in this title that involve ICE; and 
(D) carry out such other duties, as as-
signed by the Assistant Secretary for ICE, the 
purpose which is to improve the performance of 
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ICE in the enforcement of intellectual property 
rights. 
CHAPTER 2—REGULATORY AND POLICY 
IMPROVEMENTS AGAINST COUNTER-
FEITING AND PIRACY 
SEC. 321. IN GENERAL. 
(a) COMMISSIONER’S RESPONSIBILITIES.—The Com-
missioner, acting through the CBP Coordinator, shall un-
dertake the initiatives provided in this chapter. 
(b) CBP COORDINATOR’S RESPONSIBILITIES.—Ex-
cept as otherwise provided in this chapter, the CBP Coor-
dinator shall— 
(1) prepare an annual report on activities car-
ried out under this chapter; and 
(2) provide the annual report to the Director of 
Intellectual Property Rights Enforcement of the De-
partment of the Treasury in a timely manner that 
will permit its inclusion in the annual strategic plan 
prepared under section 313. 
SEC. 322. IDENTIFICATION OF CERTAIN UNLAWFUL GOODS. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner, shall accelerate efforts to apply risk assess-
ment modeling techniques to border enforcement activities 
to combat counterfeiting and piracy. These efforts shall 
include, but not be limited to— 
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(1) preparing a report and evaluation on CBP’s 
pilot project in risk assessment modeling with re-
spect to shipments of counterfeit or pirated prod-
ucts; 
(2) expanding the pilot project to include devel-
opment of a rule set for the Automated Targeting 
System; and 
(3) developing a plan for the development, test-
ing, evaluation, and continuous improvement of risk 
assessment modeling techniques for purposes of tar-
geting goods that violate intellectual property rights. 
(b) INCLUSION IN STRATEGIC PLAN.—The report 
specified in subsection (a)(1), and the plan specified in 
subsection (a)(3), shall be included in the annual strategic 
plan that is prepared under section 313. 
SEC. 323. TRAINING IN NEW TECHNOLOGIES. 
(a) TRAINING OF PERSONNEL.—The Commissioner 
shall consult with the Advisory Committee to determine 
the feasibility of training CBP personnel in the use of new 
technological means for detecting and identifying, at ports 
of entry, counterfeit and pirated goods, and goods that 
are the subject of exclusion orders, whether for entry into 
the United States or in transit to other destinations. 
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(b) 
IDENTIFICATION
OF
TECHNOLOGIES
AND 
SOURCES OF TRAINING.—In consultation with the Advi-
sory Committee, the Commissioner shall identify— 
(1) new technologies with the cost-effective ca-
pability to detect and identify goods described in 
subsection (a) at ports of entry, and 
(2) economical sources of training CBP per-
sonnel in using such new technologies, 
to the extent such training is determined to be feasible 
under subsection (a). 
(c) REGULATORY
AND
POLICY
CHANGES.—The 
Comptroller General of the United States shall provide to 
the Congress a report analyzing the costs and benefits of 
allowing necessary regulatory and policy changes to enable 
the receipt of donations of hardware, software, equipment, 
and similar technologies, and the acceptance of training 
and other support services, from the private sector, to fa-
cilitate the achievement of the purposes of this section. 
SEC. 324. DISCLOSURE OF INFORMATION AND SAMPLES OF 
SHIPMENTS TO INTELLECTUAL PROPERTY 
OWNERS. 
The Commissioner shall make the necessary regu-
latory and policy changes to— 
(1) increase disclosure to owners of copyrights, 
trademarks, patents, and other forms of intellectual 
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property of information about shipments of goods 
that have been detained at ports of entry on sus-
picion that their importation into, or transit 
through, the United States would violate the intellec-
tual property rights of the owners of those rights, 
including— 
(A) disclosing the identities and contact in-
formation of all parties involved in the ship-
ments, including importers, exporters, declar-
ants, consignees, freight forwarders, and ware-
house owners; 
(B) providing documents relating to the 
shipments; and 
(C) identifying points of origin and des-
tination of the shipments; and 
(2) improve the process of making available to 
representatives of owners of copyrights, trademarks, 
patents, and other forms of intellectual property, in 
an efficient and cost-effective manner, samples of 
shipments of goods suspected of infringing intellec-
tual property rights, for the purpose of inspection or 
analysis. 
SEC. 325. IMPROVEMENTS TO RECORDATION PROCESS. 
(a) IMPROVEMENTS IN RECORDATION PROCESS.— 
The Commissioner shall make the necessary regulatory 
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and policy changes to ensure that the system for recorda-
tion of copyrights, trademarks, and other forms of intellec-
tual property that may be subject to recordation does not 
impede the rapid seizure of goods that infringe the rights 
of the owners of such copyrights, trademarks, and other 
forms of intellectual property. 
(b) SIMULTANEOUS RECORDATION.— 
(1) IN
GENERAL.—In consultation with the 
Under Secretary of Commerce for Intellectual Prop-
erty and Director of the United States Patent and 
Trademark Office, and the Register of Copyrights, 
the Commissioner shall provide a system whereby 
trademarks may be recorded with CBP simulta-
neously with the issuance of trademark registration, 
and whereby copyrights of audiovisual works and 
sound recordings may be recorded with CBP simul-
taneously with the filing of an application for a cer-
tificate of copyright registration or an application 
for registration of another intellectual property right 
under title 17, United States Code. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘audiovisual works’’ and ‘‘sound recordings’’ 
have the meanings given those terms in section 101 
of title 17, United States Code. 
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SEC. 326. IDENTIFICATION OF LOW-RISK SHIPPERS. 
(a) VOLUNTARY CERTIFICATION PROGRAM.—The 
Commissioner shall create a voluntary certification pro-
gram, comparable to the Import Safety Program estab-
lished under section 304, for low-risk shippers that have 
taken specific measures to strengthen and protect their 
supply chains to prevent the infiltration into the inter-
national supply chain of counterfeit and pirated goods, 
goods that are the subject to exclusion orders, and goods 
that violate other forms of intellectual property rights. 
(b) SELF-CERTIFICATIONS; VERIFICATIONS.—The 
program under subsection (a) shall generally operate on 
a self-certification basis, except that the Commissioner 
shall identify any circumstances in which third party 
verifications and attestations are required for inclusion in 
the program, which may include importations from the 
People’s Republic of China. 
(c) EXPEDITED
MOVEMENT.—The Commissioner 
shall create incentives for shippers to participate in the 
certification program, including providing expedited move-
ment of the goods of the shippers through the customs 
inspection process. 
(d) DEFINITION.—In this section, the term ‘‘inter-
national supply chain’’ has the meaning given that term 
in section 301. 
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SEC. 327. ‘‘WATCH LIST’’ DATABASE. 
(a) IN GENERAL.—The Commissioner shall prepare 
a plan for the implementation of a ‘‘Watch List’’ database 
of importers, shippers, freight forwarders, and other par-
ticipants in the import, export, and transshipment process, 
whose activities merit additional scrutiny at ports of entry 
with respect to the risk of importation or transshipment 
of counterfeit or pirated goods and goods that are the sub-
ject to exclusion orders. 
(b) WORKING GROUPS.—The Commissioner shall 
consult with the Advisory Committee on the development 
of criteria for the ‘‘Watch List’’ database. 
(c) INFORMATION SOURCES.—The plan under sub-
section (a) shall identify legitimate information sources for 
the database from within CBP, from other law enforce-
ment sources, and from the private sector. 
(d) CRITERIA FOR ACCESS TO DATABASE.—The plan 
under subsection (a) shall specify criteria under which the 
database should be made available to qualified CBP and 
other law enforcement officers, for intelligence purposes, 
and for use in flagging and diverting for enhanced scru-
tiny shipments to ports of entry that are associated with 
entities listed in the database. 
(e) OTHER MATTERS.—The plan under subsection 
(a) shall identify any regulatory or policy changes that the 
Department of the Treasury would make in order to bring 
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