(2) in subsection (e), by inserting ‘‘or exported 
from the United States’’ after ‘‘imported into the 
United States’’; 
(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.’’. 
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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’’; 
(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 Act of July 5, 1946 
(commonly 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 
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have constituted an infringement of copyright if title 
17, United States Code, had applied; and 
‘‘(7) that the merchandise— 
‘‘(A) does not violate an exclusion order of 
the United States International Trade Commis-
sion under section 337 (d) or (e) by reason of 
any of subparagraphs (B) through (E) of sub-
section (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 shall issue regula-
tions requiring that the declarations required by para-
graphs (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: 
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(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. 
(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 section referred to as the 
‘‘Advisory Committee)’’. 
(2) MEMBERSHIP.—The Advisory Committee 
shall consist of 20 members appointed by the Sec-
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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 
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 
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Ways and Means of the House of Representatives 
that shall— 
(A) describe the operations of the Advisory 
Committee during the preceding year; and 
(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 exclusion orders, goods that 
violate other forms of intellectual property rights, and 
goods that violate United States health or safety laws. 
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