out this subtitle and the amendments made by this sub-
title. 
SEC. 307. SANCTIONS ON CERTAIN SUPPLIERS. 
(a) LIST OF SUPPLIERS WITH INADMISSABLE IM-
PORTED PRODUCTS.—Upon the development of unique 
identifiers under section 302(a), the Secretary, acting 
through the Commissioner, shall establish and maintain 
a list of importers of record, foreign manufacturers, for-
eign processing facilities, foreign exporters, and foreign 
suppliers whose imported products have been determined 
to be inadmissible into the United States or have been the 
subject of recalls in the United States because of violations 
of health or safety standards. 
(b) SANCTIONS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall establish sanctions 
to be imposed on entities on the list described in 
subsection (a), taking into account the number of 
occurrences on which the products of the entity con-
cerned have been determined to be inadmissible or 
have been the subject of recalls in the United States 
and the severity of the violation of law that was the 
basis for such determination or recall. Such sanc-
tions shall include the following: 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(A) In the case of a first occurrence, an in-
crease in the bond required to be posted for im-
ports of the products of the entity concerned. 
(B) Increased inspection of up to 100 per-
cent of the products of the entity concerned, in 
the case of a second occurrence of a violation 
within 6 months after the first occurrence of 
the same violation; and 
(C) A prohibition on imports of the prod-
ucts of an entity whose products have repeat-
edly been the subject of such a determination or 
recall, or in a case in which the products con-
cerned caused bodily injury or death, for a pe-
riod of time determined by the Secretary, acting 
through the Commissioner, but generally not 
less than 6 months or until the relevant depart-
ment or agency with the authority to determine 
the admissibility of the products verifies that 
the banned products are in compliance with the 
relevant health or safety standards. Products 
subject to the prohibition shall be the same type 
of products as those determined to be inadmis-
sible or subject to the recall, and any other type 
of product that is subject to the same standard 
as the one violated by the entity. 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(2) DETERMINATION
OF ‘‘REPEATEDLY’’.—In 
determining under paragraph (1)(C) whether the 
products of an entity have ‘‘repeatedly’’ been the 
subject of a determination of inadmissibility or re-
call, the Secretary, acting through the Commis-
sioner, shall take into account not only the number 
of such determinations but the seriousness of any 
such determination. 
(c) AVAILABILITY TO PUBLIC.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall make public, in-
cluding through the official website of U.S. Customs 
and Border Protection and, as appropriate, any 
other Federal department or agency website relating 
to health or safety matters, the names of all import-
ers of record, foreign manufacturers, foreign proc-
essing facilities, foreign exporters, and foreign sup-
pliers who have been made subject to a prohibition 
on imports under subsection (b)(2) that has become 
final under subsection (f), and the products that are 
subject to the prohibition. If an entity subject to 
such a prohibition files, in the appropriate Federal 
court, an appeal of the determination of the Sec-
retary imposing the prohibition, such appeal shall 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
also be made public in accordance with the preceding 
sentence. 
(2) UPDATING.—The information made public 
under paragraph (1) shall be updated as frequently 
as necessary to keep the information current. 
(d) ALERT SYSTEM
IN ACE.—The Commissioner 
shall establish in the Automated Commercial Environment 
an alert system notifying the relevant departments and 
agencies of the identity of all importers of record, foreign 
manufacturers, foreign processing facilities, foreign ex-
porters, and foreign suppliers described in subsections (a) 
and (b). 
(e) MITIGATING ACTIONS.—The Secretary, acting 
through the Commissioner, in consultation with the heads 
of the relevant departments and agencies, shall establish 
actions that an entity that is on the list established under 
subsection (a) or is subject to a sanction under subsection 
(b) may take to warrant removal from the list or removal 
of the sanction, as the case may be. 
(f) ADMINISTRATIVE
APPEAL.—Any importer of 
record, foreign manufacturer, foreign processing facility, 
foreign exporter, or foreign supplier may appeal a decision 
of the Secretary under subsection (a) or (b) by filing the 
appeal not later than 30 days after the date of the deci-
sion. The Secretary shall issue a determination on the ap-
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
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) ASSISTANT SECRETARY FOR ICE.—The term 
‘‘Assistant Secretary for ICE’’ means the Assistant 
Secretary for U.S. Immigration and Customs En-
forcement. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner responsible for 
U.S. Customs and Border Protection. 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(3) 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). 
(4) CBP.—The term ‘‘CBP’’ means U.S. Cus-
toms and Border Protection. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of Intellectual Property Rights Enforce-
ment of the Department of the Treasury established 
in section 312. 
(6) 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-
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
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)). 
(7) EXCLUSION ORDER.—The term ‘‘exclusion 
order’’ means an order of the United States Inter-
national Trade Commission issued under section 
337(d) of the Tariff Act of 1930 to exclude goods 
from entry into the United States. 
(8) ICE.—The term ‘‘ICE’’ means U.S. Immi-
gration and Customs Enforcement. 
(9) 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. 
(B) PIRATED GOODS.—The term ‘‘pirated 
goods’’ means those copies or phonorecords de-
scribed in subparagraph (A). 
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. 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(b) APPOINTMENT.—The Director shall be appointed 
by the Secretary of the Treasury, and shall be responsible 
to and shall report 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 314; 
(3) coordinate the policy and regulatory 
changes set forth in chapter 4; 
(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 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(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— 
(1) the CBP coordinator of intellectual property 
enforcement activities and the ICE coordinator of 
intellectual property enforcement authorities ap-
pointed under section 315; 
(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 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
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 
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; 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(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; 
(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. 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(d) SUBMISSION TO CONGRESS.—Upon the approval 
by the Deputy Secretary of the Treasury of the annual 
strategic plan, after ensuring its consistency with relevant 
interagency strategic plans for the enforcement of intellec-
tual property rights, the Deputy Secretary of the Treasury 
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 im-
prove 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 
(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— 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(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 
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— 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(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 
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. 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(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 314. 
SEC. 322. IDENTIFICATION OF CERTAIN UNLAWFUL GOODS. 
(a) IN GENERAL.—The Secretary of the Treasury, 
acting through the Commissioner, shall accelerate efforts 
to apply risk assessment modeling techniques to border 
enforcement activities to combat counterfeiting and piracy. 
These efforts shall include, but not be limited to— 
(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 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
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 314. 
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. 
(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). 
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS
(c) REGULATORY
AND
POLICY
CHANGES.—The 
United States Government Accountability Office shall pro-
vide to the Congress a report analyzing the costs and bene-
fits 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 facilitate 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 intellec-
tual property of information about shipments of 
goods that have been detained at ports of entry on 
suspicion 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) disclosure of the identities and contact 
information of all parties involved in the ship-
ments, including importers, exporters, declar-
VerDate Aug 31 2005 
01:24 Jul 18, 2008
Jkt 069200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H6530.IH
H6530
jbell on PROD1PC69 with BILLS