(i) in clause (ii), by striking ‘‘(j)’’ and 
inserting ‘‘(j) of this section’’; 
(ii) in clause (iii), by striking ‘‘(g), a 
cease and desist order issued pursuant to 
subsection (f), or a consent order issued 
pursuant to subsection (c)’’ and inserting 
‘‘(g) of this section, a cease and desist 
order issued pursuant to subsection (f) of 
this section or subsection (f) of section 
337A, or a consent order issued pursuant 
to subsection (c) of this section or sub-
section (d) of section 337A’’; and 
(iii) in clause (iv), by striking ‘‘(i), or 
a consent order issued under this section’’ 
and inserting ‘‘(i) of this section or sub-
section (f) of section 337A, or a consent 
order issued under this section or sub-
section (d) of section 337A’’; 
(B) in subparagraph (B), by striking ‘‘(j)’’ 
and inserting ‘‘(j) of this section or subsection 
(e)(5) of section 337A’’; and 
(C) in subparagraph (C), by striking ‘‘(g)’’ 
and inserting ‘‘(g) of this section’’. 
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SEC. 3. APPOINTMENT OF HEARING OFFICERS FOR PRO-
CEEDINGS UNDER SECTIONS 337 AND 337A OF 
THE TARIFF ACT OF 1930. 
Title III of the Tariff Act of 1930 (19 U.S.C. 1304 
et seq.), as amended by section 2, is further amended by 
inserting after section 337A the following: 
‘‘SEC. 337B. SECTION 337 JUDGES. 
‘‘(a) IN GENERAL.—Notwithstanding section 556(b) 
of title 5, United States Code, the Commission may ap-
point hearing officers, other than administrative law 
judges appointed under section 3105 of title 5, United 
States Code, to preside at the taking of evidence at hear-
ings required by sections 337 and 337A and to make ini-
tial and recommended decisions in accordance with sec-
tions 554, 556, and 557 of such title in investigations 
under sections 337 and 337A. The hearing officers ap-
pointed under this subsection shall be known as ‘section 
337 judges’. 
‘‘(b) QUALIFICATIONS.—An individual appointed as 
a section 337 judge under paragraph (1) shall possess a 
minimum of 7 years of legal experience and be licensed 
to practice law under the laws of a State, the District of 
Columbia, the Commonwealth of Puerto Rico, or any terri-
torial court established under the Constitution of the 
United States. The Commission may promulgate such 
other regulations as the Commission considers necessary 
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with respect to the qualifications of section 337 judges, 
including technical expertise and experience in patent, 
trademark, copyright, and unfair competition law. 
‘‘(c) ROTATION.—Section 337 judges shall be as-
signed to cases in rotation to the extent practicable or as 
otherwise provided for in the rules of the Commission. 
‘‘(d) OTHER DUTIES.—A section 337 judge may not 
perform duties inconsistent with the duties and respon-
sibilities of a section 337 judge. 
‘‘(e) REMOVAL.—A section 337 judge may be re-
moved only for good cause shown upon a hearing con-
ducted on the record by the Merit Systems Protection 
Board. The failure of the Commission to adopt the initial 
or recommended decision of a section 337 judge shall not 
constitute good cause. 
‘‘(f) COMPETITIVE SERVICE.—Except as otherwise 
provided, the laws, rules, and regulations applicable to po-
sitions in the competitive service apply to section 337 
judges. Upon appointment, a section 337 judge shall be 
paid in accordance with the pay rates provided for in sec-
tion 5372 of title 5, United States Code, commensurate 
with the pay rate of an administrative law judge with simi-
lar time in service. Section 337 judges shall not be Senior 
Executive Service positions (as defined in section 3132(a) 
of title 5, United States Code). 
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‘‘(g) PERFORMANCE EVALUATIONS.—Section 337 
judges shall not receive performance evaluations and shall 
not be compensated based on performance.’’. 
SEC. 4. INFORMATION SHARING WITH RESPECT TO THE IM-
PORTATION OF INFRINGING MERCHANDISE. 
(a) 
MERCHANDISE
THAT
INFRINGES
TRADE-
MARKS.— 
(1) IN
GENERAL.—Notwithstanding section 
1905 of title 18, United States Code, if the Commis-
sioner responsible for U.S. Customs and Border 
Protection suspects that merchandise is being im-
ported into the United States in violation of section 
42 of the Lanham Act, and subject to any applicable 
bonding requirements, the Secretary of Homeland 
Security may, for purposes of determining whether 
the merchandise is being imported in violation of 
that section, share with the holder of the trademark 
suspected of being infringed— 
(A) information about the merchandise or 
packaging or labels of the merchandise; or 
(B) unredacted samples, or photographs 
of, the merchandise or packaging or labels of 
the merchandise. 
(2) LANHAM ACT DEFINED.—In this subsection, 
the term ‘‘Lanham Act’’ means the Act entitled ‘‘An 
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Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the pro-
visions of certain international conventions, and for 
other purposes’’, approved July 5, 1946 (commonly 
referred to as the ‘‘Trademark Act of 1946’’ or the 
‘‘Lanham Act’’). 
(b) MERCHANDISE
THAT
CIRCUMVENTS
COPY-
RIGHTS.— 
(1) IN
GENERAL.—Notwithstanding section 
1905 of title 18, United States Code, if the Commis-
sioner seizes merchandise that the Commissioner 
suspects of being imported into the United States in 
violation of subsection (a)(2) or (b) of section 1201 
of title 17, United States Code, the Secretary of 
Homeland Security may notify a copyright owner de-
scribed in paragraph (2) of the seizure of the mer-
chandise. 
(2) COPYRIGHT OWNER DESCRIBED.—A copy-
right owner described in this paragraph is the owner 
of a copyright under title 17, United States Code, if 
merchandise seized on the suspicion of being im-
ported in violation of subsection (a)(2) or (b) of sec-
tion 1201 of title 17, United States Code— 
(A) is primarily designed or produced for 
the purpose of circumventing, has only limited 
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