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 
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-
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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. 
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 of counterfeit and 
pirated goods, goods that are the subject to exclusions or-
ders, and goods that violate other forms of intellectual 
property rights. 
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(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. 
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 exclusions orders. 
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(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 
the database into operation, as well as any recommenda-
tions for needed changes to legislation to make the data-
base more effective. The plan shall also include budget es-
timates for implementation and operation of the database, 
and for evaluation of its effectiveness, and a timetable for 
such implementation. 
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(f) TIMING.—The Commissioner shall complete the 
plan in a timely fashion that will permit its inclusion in 
the first annual strategic plan prepared under section 314. 
SEC. 328. CIVIL FINES FOR IMPORTATION OF PIRATED OR 
COUNTERFEIT GOODS. 
(a) LIMITATION ON MITIGATION, DISMISSAL, AND 
VACATION
OF FINES.—Unless otherwise ordered by a 
court of competent jurisdiction, any civil fine imposed pur-
suant to section 526(f) of the Tariff Act of 1930 (19 
U.S.C. 1526(f))— 
(1) may not be mitigated, except pursuant to 
regulations issued by the Commissioner; and 
(2) may not be dismissed or vacated, except 
pursuant to regulations issued by the Commissioner 
that require the specific approval of the Commis-
sioner or the Commissioner’s designee for such dis-
missal or vacation. 
(b) EXTRAORDINARY CASES.—In issuing regulations 
under subsection (a), the Commissioner shall ensure that 
the mitigation, dismissal, or vacation of civil fines for in-
volvement in the importation, exportation, or trans-
shipment of pirated or counterfeit goods is limited to ex-
traordinary cases in which the interests of justice will 
clearly be served by such action. 
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(c) REPORT
TO
CONGRESS.—The Commissioner 
shall, not later than 180 days after the date of the enact-
ment of this Act, report to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the 
House of Representatives on the following: 
(1) Whether CBP currently has the authority to 
employ effective collection techniques for collecting 
civil fines it imposes on participants in the importa-
tion, exportation, or transshipment of pirated or 
counterfeit goods. 
(2) If CBP lacks such authority, the Commis-
sioner’s recommendations for legislation to provide 
CBP with such authority. 
(3) If CBP has such authority, how CBP is 
using such authority, and with what results in terms 
of increased collections of fines imposed. 
(4) The Commissioner’s recommendations on 
whether, in specific cases, copyright or trademark 
owners should be authorized to pursue and collect 
fines imposed because of activities that infringe their 
intellectual property rights, and whether such copy-
right or trademark owners should be allowed to re-
tain some or all of the funds that they collect. 
(5) Any other recommendations for statutory, 
regulatory, or policy changes not under the control 
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of CBP that would improve the ability of CBP to 
impose civil fines, at deterrent levels, on participants 
in trafficking in counterfeit or pirated goods, and to 
collect the fines imposed. 
(d) DEFINITION.—As used in subsection (c), the term 
‘‘effective collection techniques’’ includes— 
(1) confiscation of the proceeds of acts for 
which civil fines can be imposed; 
(2) seizure of and execution upon property ac-
quired with such proceeds; 
(3) imposition of liens on the real or personal 
property of persons upon whom civil fines are im-
posed; 
(4) use of bonds to secure full payment of fines; 
(5) piercing the corporate veil of corporations 
upon which civil fines are imposed, in order to sat-
isfy the fine from the assets of natural persons or 
of other legal persons; and 
(6) engaging private sector entities to collect 
civil fines imposed. 
CHAPTER 3—TRAINING ENHANCEMENTS 
SEC. 331. INTERNATIONAL TRAINING AND TECHNICAL AS-
SISTANCE ENHANCEMENTS. 
The Secretary of the Treasury shall take the nec-
essary steps— 
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(1) to increase staffing and resources of offices 
of CBP and ICE engaged in providing training and 
technical assistance to the customs services and en-
forcement agencies of other countries in order to im-
prove the effectiveness of such foreign services and 
agencies in detecting, intercepting, and imposing de-
terrent penalties upon the export, import, or trans-
shipment of counterfeit or pirated goods, goods that 
are the subject to exclusions orders, and goods that 
violate other forms of intellectual property rights; 
(2) to ensure that the Director, in order to 
make the most efficient and effective use of training 
and technical assistance resources— 
(A) coordinates the international training 
and technical assistance activities of CBP and 
ICE as part of the Director’s coordination re-
sponsibilities under subsections (a)(3) and 
(b)(3) of section 312; 
(B) gives priority to such activities in those 
countries where such programs can be carried 
out most effectively and with the greatest ben-
efit to protecting the intellectual property rights 
of United States right holders; 
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(C) takes steps to minimize duplication, 
overlap, or inconsistency of international train-
ing and technical assistance efforts; and 
(D) coordinates such activities of the De-
partment of the Treasury with international 
training and technical assistance activities 
against counterfeiting and piracy carried out by 
other agencies, and enhances the participation 
of Department of the Treasury personnel in 
interagency training and technical assistance 
activities in this field. 
CHAPTER 4—NEW LEGAL TOOLS FOR 
BORDER ENFORCEMENT 
SEC. 341. EXPANDED PROHIBITIONS ON IMPORTATION OR 
EXPORTATION OF COUNTERFEIT OR PIRAT-
ED GOODS. 
Section 526 of the Tariff Act of 1930 (19 U.S.C. 
1526) is amended— 
(1) in the section heading, by inserting ‘‘OR 
PROTECTED
BY
COPYRIGHT’’ after ‘‘TRADE-
MARK’’; 
(2) in subsection (e), by inserting ‘‘or exported 
from the United States’’ after ‘‘imported into the 
United States’’; 
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(3) in subsection (f), by striking paragraph (1) 
and inserting the following: 
‘‘(1) Any person who engages in, directs, assists 
financially or otherwise, or aids and abets the impor-
tation or exportation of merchandise that is seized 
under subsection (e) of this section, or under regula-
tions issued pursuant to section 603(c) of title 17, 
United States Code, shall be subject to a civil fine.’’; 
and 
(4) in subsection (f)— 
(A) by redesignating paragraph (4) as 
paragraph (5); and 
(B) by inserting after paragraph (3) the 
following: 
‘‘(4) When the seizure giving rise to the civil fine is 
made under circumstances indicating that the importation 
or exportation was for the purpose of sale or public dis-
tribution of the good seized, the maximum fine amounts 
set forth in paragraphs (2) and (3) shall be tripled.’’. 
SEC. 342. DECLARATIONS REGARDING COUNTERFEIT AND 
INFRINGING MERCHANDISE. 
(a) DECLARATIONS.—Section 485(a) of the Tariff 
Act of 1930 (19 U.S.C. 1485(a)), is amended— 
(1) in paragraph (1), by striking ‘‘Whether’’ 
and inserting ‘‘whether’’; 
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(2) in paragraph (2), by striking ‘‘That’’ and 
inserting ‘‘that’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘That’’ and inserting 
‘‘that’’; and 
(B) by striking ‘‘and’’ after the semicolon; 
(4) in paragraph (4)— 
(A) by striking ‘‘That’’ and inserting 
‘‘that’’; and 
(B) by striking the period and inserting a 
semicolon; and 
(5) by adding at the end the following: 
‘‘(5) that the merchandise being imported does 
not bear a mark that is counterfeit as that term is 
defined in section 45 of the of July 5, 1946 (com-
monly referred to as the ‘Trademark Act of 1946’; 
15 U.S.C. 1127); 
‘‘(6) that the merchandise is not an infringing 
copy or phonorecord or one whose making would 
have constituted an infringement of copyright if title 
17, United States Code, had applied; and 
‘‘(7) that the merchandise does not violate— 
‘‘(A) does not violate an exclusion order of 
the United States International Trade Commis-
sion under section 337(d) by reason of any of 
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subparagraphs (B) through (E) of subsection 
(a)(1) of section 337; or 
‘‘(B) infringe any other intellectual prop-
erty right not covered by subparagraph (A) or 
by paragraph (5) or (6).’’. 
(b) REGULATIONS.—The Secretary of the Treasury 
shall issue regulations requiring that the declarations re-
quired by paragraphs (5), (6), and (7) of section 485(a) 
of the Tariff Act of 1930 be made by all persons arriving 
in the United States with respect to articles carried on 
their person or contained in their baggage. 
CHAPTER 5—REGULATORY AUTHORITY 
SEC. 351. REGULATORY AUTHORITY. 
The Secretary may issue such regulations as are nec-
essary to carry out this subtitle. 
Subtitle C—Administrative 
Provisions 
SEC. 361. DEFINITIONS. 
In this subtitle: 
(1) ASSISTANT SECRETARY FOR ICE.—The term 
‘‘Assistant Secretary for ICE’’ means the Assistant 
Secretary for U.S. Immigration and Customs En-
forcement. 
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(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
(3) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(4) ICE.—The term ‘‘ICE’’ means U.S. Immi-
gration and Customs Enforcement. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
SEC. 362. ADVISORY COMMITTEE ON IMPORT SAFETY AND 
INTELLECTUAL PROPERTY ENFORCEMENT. 
(a) ESTABLISHMENT.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner and the Assistant Sec-
retary for ICE, shall establish an advisory committee 
which shall be known as the ‘‘Advisory Committee 
on Import Safety and Intellectual Property Rights 
Enforcement’’ (in this title referred to as the ‘‘Advi-
sory Committee)’’. 
(2) MEMBERSHIP.—The Advisory Committee 
shall consist of 20 members appointed by the Sec-
retary. In making appointments to the Advisory 
Committee, the Secretary shall ensure that— 
(A) the membership of the Advisory Com-
mittee is representative of the individuals and 
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organizations affected by the enforcement of 
health or safety and intellectual property rights 
by CBP and ICE; 
(B) at least one member of the Advisory 
Committee is a representative of organized 
labor; 
(C) at least one member of the Advisory 
Committee is a representative of consumer 
groups; and 
(D) a majority of the members of the Advi-
sory Committee do not belong to the same polit-
ical party. 
(b) DUTIES.—The Advisory Committee shall— 
(1) provide advice to the Secretary, the Com-
missioner, and the Assistant Secretary for ICE on 
all matters involving the enforcement of import safe-
ty and intellectual property rights by CBP and ICE; 
and 
(2) submit an annual report to the Committee 
on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives 
that shall— 
(A) describe the operations of the Advisory 
Committee during the preceding year; and 
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(B) set forth any recommendations of the 
Advisory Committee regarding the enforcement 
of intellectual property rights by CBP and ICE. 
(c) PRESIDING OFFICERS.—The Commissioner and 
the Assistant Secretary for ICE shall preside over meet-
ings of the Advisory Committee. 
SEC. 363. STAFFING ENHANCEMENTS AT CBP. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to CBP such funds as 
may be necessary for additional personnel (as determined 
in accordance with the Resource Allocation Model estab-
lished pursuant to section 301(h) of the Customs Proce-
dural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(h)) to carry out the additional responsibilities of 
CBP under this title regarding the importation, trans-
shipment, and exportation of counterfeit or pirated goods, 
goods that are the subject to exclusions orders, goods that 
violate other forms of intellectual property rights, and 
goods that violate United States health or safety laws. 
(b) AMENDMENT.—Section 301(h)(1) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 
U.S.C. 2075(h)) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; 
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100 
(2) in subparagraph (G), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) enforcing provisions of law relating 
to health and safety.’’. 
SEC. 364. STAFFING ENHANCEMENTS AT ICE. 
There are authorized to be appropriated to ICE such 
funds as may be necessary for additional personnel to 
carry out the additional responsibilities of ICE under this 
title regarding the enforcement of United States health 
and safety laws and the enforcement of intellectual prop-
erty rights, including for developing and implementing a 
training program with respect to United States health and 
safety laws and intellectual property rights for each ICE 
attache´ office around the World. 
Subtitle D—Authorization of 
Appropriations 
SEC. 371. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each fis-
cal year such sums as may be necessary to carry out this 
title and the amendments made by this title. 
Æ 
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