[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1466 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1466

To establish the position of Deputy United States Trade Representative 
for Trade Enforcement and a Trade Enforcement Division in the Office of 
     the United States Trade Representative, to establish a Chief 
   Manufacturing Negotiator in the Office of the United States Trade 
Representative, to strengthen enforcement of United States intellectual 
   property rights at United States borders, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2009

 Ms. Stabenow (for herself, Mr. Graham, and Mr. Levin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To establish the position of Deputy United States Trade Representative 
for Trade Enforcement and a Trade Enforcement Division in the Office of 
     the United States Trade Representative, to establish a Chief 
   Manufacturing Negotiator in the Office of the United States Trade 
Representative, to strengthen enforcement of United States intellectual 
   property rights at United States borders, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Enforcement 
Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--STRENGTHENING TRADE ENFORCEMENT BY THE OFFICE OF THE UNITED 
                      STATES TRADE REPRESENTATIVE

Sec. 101. Establishment of Trade Enforcement Division and Deputy United 
                            States Trade Representative for Trade 
                            Enforcement.
Sec. 102. Identification of trade enforcement priorities.
Sec. 103. Establishment of Chief Manufacturing Negotiator.
Sec. 104. Plan for addressing nontariff barriers to market access.
  TITLE II--STRENGTHENING ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

                        Subtitle A--Definitions

Sec. 201. Definitions.
Subtitle B--Coordination of Enforcement of Intellectual Property Rights

Sec. 211. Director of Intellectual Property Rights Enforcement.
Sec. 212. Strategic plan for the enforcement of intellectual property 
                            rights.
Sec. 213. U.S. Customs and Border Protection and U.S. Immigration and 
                            Customs Enforcement intellectual property 
                            rights coordinators.
    Subtitle C--Regulatory and Policy Improvements With Respect to 
                  Combating Counterfeiting and Piracy

Sec. 221. Identification of certain unlawful goods.
Sec. 222. Training in new technologies.
Sec. 223. Disclosure of information and samples of shipments to 
                            intellectual property owners.
Sec. 224. Improvements to recordation process.
Sec. 225. Identification of low-risk importers.
Sec. 226. ``Watch List'' database.
Sec. 227. Civil fines for importation of pirated or counterfeit goods.
Sec. 228. Report on effective collection techniques.
                   Subtitle D--Training Enhancements

Sec. 231. International training and technical assistance enhancements.
           Subtitle E--New Legal Tools for Border Enforcement

Sec. 241. Expanded prohibitions on importation, exportation, and 
                            transshipment of counterfeit or pirated 
                            goods.
Sec. 242. Declarations regarding counterfeit and infringing 
                            merchandise.
Sec. 243. Seizure and forfeiture of devices designed to circumvent 
                            intellectual property rights protections.
Sec. 244. Authority of Chief Counsel of U.S. Customs and Border 
                            Protection to represent the United States 
                            in certain forfeiture proceedings.
                 Subtitle F--Administrative Provisions

Sec. 251. Advisory Committee on Import Safety and Intellectual Property 
                            Enforcement.
Sec. 252. Staffing enhancements at U.S. Customs and Border Protection.
Sec. 253. Staffing enhancements at U.S. Immigration and Customs 
                            Enforcement.
Sec. 254. Regulatory authority.

 TITLE I--STRENGTHENING TRADE ENFORCEMENT BY THE OFFICE OF THE UNITED 
                      STATES TRADE REPRESENTATIVE

SEC. 101. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED 
              STATES TRADE REPRESENTATIVE FOR TRADE ENFORCEMENT.

    (a) Establishment.--Chapter 4 of title I of the Trade Act of 1974 
(19 U.S.C. 2171) is amended by adding at the end the following:

``SEC. 142. TRADE ENFORCEMENT DIVISION AND DEPUTY UNITED STATES TRADE 
              REPRESENTATIVE FOR TRADE ENFORCEMENT.

    ``(a) Establishment of Trade Enforcement Division.--There is 
established within the Office of the United States Trade Representative 
a Trade Enforcement Division (in this section referred to as the 
`Division').
    ``(b) Establishment of Position of Deputy United States Trade 
Representative for Trade Enforcement.--
            ``(1) In general.--The Division shall be headed by a Deputy 
        United States Trade Representative for Trade Enforcement.
            ``(2) Appointment and nomination.--The Deputy United States 
        Trade Representative for Trade Enforcement shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate. As an exercise of the rulemaking power of the Senate, 
        any nomination of the Deputy United States Trade Representative 
        for Trade Enforcement submitted to the Senate for its advice 
        and consent, and referred to a committee, shall be referred to 
        the Committee on Finance.
            ``(3) Rank.--The Deputy United States Trade Representative 
        for Trade Enforcement shall hold office at the pleasure of the 
        President and shall have the rank of Ambassador.
    ``(c) Functions of Deputy United States Trade Representative for 
Trade Enforcement.--
            ``(1) Principal function.--The principal function of the 
        Deputy United States Trade Representative for Trade Enforcement 
        shall be to ensure that United States trading partners comply 
        with trade agreements to which the United States is a party.
            ``(2) Additional functions.--The Deputy United States Trade 
        Representative for Trade Enforcement shall--
                    ``(A) assist the United States Trade Representative 
                in investigating and prosecuting disputes before the 
                World Trade Organization and pursuant to other 
                bilateral or regional trade agreements to which the 
                United States is a party;
                    ``(B) assist the United States Trade Representative 
                in carrying out the United States Trade 
                Representative's functions under section 141(d);
                    ``(C) make recommendations with respect to the 
                administration of United States trade laws relating to 
                barriers imposed by foreign governments to the 
                importation of United States goods, services, and 
                intellectual property, and other trade matters; and
                    ``(D) perform such other functions as the United 
                States Trade Representative may direct.
    ``(d) Office of Trade Assistance for Small Businesses.--
            ``(1) Establishment.--There is established within the 
        Division the Office of Trade Assistance for Small Businesses.
            ``(2) Functions.--The Office of Trade Assistance for Small 
        Businesses shall provide technical and legal assistance and 
        advice to eligible small businesses to enable such small 
        businesses to prepare and file petitions (other than those 
        that, in the opinion of the Office, are frivolous) under 
        section 302.
            ``(3) Eligible small business defined.--The term `eligible 
        small business' means any business concern that, in the 
        judgment of the Office of Trade Assistance for Small 
        Businesses, due to its size, has neither adequate internal 
        resources nor financial ability to obtain qualified outside 
        assistance in preparing and filing petitions and complaints 
        under section 302. In determining whether a business concern is 
        an `eligible small business', the Office of Trade Assistance 
        for Small Businesses may consult with the Administrator of the 
        Small Business Administration and the heads of other 
        appropriate Federal departments and agencies.''.
    (b) Conforming Amendment.--The table of contents for the Trade Act 
of 1974 is amended by inserting after the item relating to section 141 
the following:

``Sec. 142. Trade Enforcement Division and Deputy United States Trade 
                            Representative for Trade Enforcement.''.
    (c) Compensation for Deputy United States Trade Representative for 
Trade Enforcement.--Section 5314 of title 5, United States Code, is 
amended by striking ``Deputy United States Trade Representatives (3).'' 
and inserting ``Deputy United States Trade Representatives (4).''.
    (d) Conforming Repeal.--Section 2112 of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3812) is repealed.

SEC. 102. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

    (a) In General.--Title III of the Trade Act of 1974 (19 U.S.C. 2411 
et seq.) is amended by adding at the end the following:

``SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.

    ``(a) Identification and Annual Report.--
            ``(1) In general.--Not later than 75 days after the 
        submission of the report required by section 181(b), the Trade 
        Representative shall annually--
                    ``(A) identify United States trade enforcement 
                priorities;
                    ``(B) identify enforcement actions that the Trade 
                Representative has taken during the previous year and 
                review the impact such enforcement actions have had on 
                trade barriers in foreign countries;
                    ``(C) identify trade practices of foreign countries 
                on which the Trade Representative will focus 
                enforcement efforts (in this section referred to as 
                `priority foreign country trade practices');
                    ``(D) submit to the Committee on Finance of the 
                Senate and the Committee on Ways and Means of the House 
                of Representatives a report on the priorities, actions, 
                and practices identified in subparagraphs (A), (B), and 
                (C); and
                    ``(E) publish the report required by subparagraph 
                (D) in the Federal Register.
            ``(2) Factors to consider.--In identifying priority foreign 
        country trade practices under paragraph (1)(C), the Trade 
        Representative shall focus on the practices the elimination of 
        which the Trade Representative determines will have the most 
        potential to increase United States economic growth, either 
        directly or through the establishment of a beneficial 
        precedent. The Trade Representative shall take into account all 
        relevant factors, including--
                    ``(A) the major barriers and trade distorting 
                practices described in the most recent available report 
                submitted under section 181(b), including any practices 
                identified pursuant to a review of a trade agreement 
                conducted under section 1377 of the Omnibus Trade and 
                Competitiveness Act of 1988 (19 U.S.C. 3106);
                    ``(B) the findings and practices described in the 
                most recent available report required under--
                            ``(i) section 182;
                            ``(ii) section 3005 of the Omnibus Trade 
                        and Competitiveness Act of 1988 (22 U.S.C. 
                        5305);
                            ``(iii) section 421 of the U.S.-China 
                        Relations Act of 2000 (22 U.S.C. 6951); and
                            ``(iv) any other report relating to 
                        international trade and investment prepared by 
                        the Trade Representative or any other agency;
                    ``(C) the trade agreements to which a foreign 
                country is a party and the compliance of the foreign 
                country with such agreements;
                    ``(D) the medium- and long-term implications of the 
                procurement plans of foreign governments; and
                    ``(E) the international competitive position and 
                export potential of United States products and 
                services.
            ``(3) Other items in report.--The Trade Representative may 
        include in the report required by paragraph (1)(D) a 
        description of foreign country trade practices that may in the 
        future warrant identification as priority foreign country trade 
        practices.
    ``(b) Consultation.--
            ``(1) In general.--Not later than 45 days after the 
        submission of the report required by section 181(b), the Trade 
        Representative shall consult with the Committee on Finance of 
        the Senate and the Committee on Ways and Means of the House of 
        Representatives with respect to the priorities, actions, and 
        practices to be identified in the report required by subsection 
        (a)(1)(D).
            ``(2) Vote of committee.--If, as a result of the 
        consultations described in paragraph (1), either the Committee 
        on Finance of the Senate or the Committee on Ways and Means of 
        the House of Representatives requests by majority vote that a 
        trade practice of a foreign country be identified as a priority 
        foreign country trade practice, the Trade Representative shall 
        include such identification in the report required by 
        subsection (a)(1)(D).
            ``(3) Determination not to include priority foreign country 
        trade practices.--The Trade Representative may determine not to 
        include the identification of a priority foreign country trade 
        practice requested under paragraph (2) in the report required 
        by subsection (a)(1)(D) only if--
                    ``(A) the Trade Representative finds that--
                            ``(i) the practice is already being 
                        addressed--
                                    ``(I) under provisions of United 
                                States trade law;
                                    ``(II) under the Uruguay Round 
                                Agreements (as defined in section 2(7) 
                                of the Uruguay Round Agreements Act (19 
                                U.S.C. 3501(7)));
                                    ``(III) under any bilateral or 
                                regional trade agreement; or
                                    ``(IV) as part of trade 
                                negotiations with the foreign country 
                                or other countries engaging in the 
                                practice; and
                            ``(ii) progress is being made toward the 
                        elimination of the practice; or
                    ``(B) the Trade Representative finds that 
                identification of the practice as a priority foreign 
                country trade practice would be contrary to the 
                interests of the United States.
            ``(4) Reasons for determination.--In the case of a 
        determination made pursuant to paragraph (3), the Trade 
        Representative shall set forth in detail the reasons for that 
        determination in the report required by subsection (a)(1)(D).
    ``(c) Investigation and Resolution.--
            ``(1) In general.--Upon submission of the report required 
        by subsection (a)(1)(D), the Trade Representative shall, with 
        respect to any priority foreign country trade practice 
        identified, seek satisfactory resolution with the foreign 
        country or countries engaging in the practice pursuant to 
        paragraph (2). A satisfactory resolution may include the 
        elimination of the practice or, if elimination of the practice 
        is not feasible, the provision of compensatory trade benefits.
            ``(2) Consultations; investigations.--Not later than 120 
        days after the submission of the report required by subsection 
        (a)(1)(D), the Trade Representative shall, with respect to any 
        priority foreign country trade practice identified in the 
        report--
                    ``(A) initiate dispute settlement consultations in 
                the World Trade Organization;
                    ``(B) initiate dispute settlement consultations 
                under the applicable provisions of any bilateral or 
                regional trade agreement to which the United States is 
                a party;
                    ``(C) initiate an investigation under section 
                302(b);
                    ``(D) seek to negotiate an agreement that provides 
                for the elimination of the priority foreign country 
                trade practice or, if elimination of the practice is 
                not feasible, an agreement that provides for 
                compensatory trade benefits; or
                    ``(E) take any other action necessary to eliminate 
                the priority foreign country trade practice.
            ``(3) Report.--On the day on which the Trade Representative 
        takes action under subparagraph (E) of paragraph (2), the Trade 
        Representative shall submit to Congress a report--
                    ``(A) describing the action taken under such 
                subparagraph and the reasons for taking the action; and
                    ``(B) stating in detail the reasons the Trade 
                Representative did not take action under subparagraphs 
                (A) through (D) of paragraph (2).
    ``(d) Additional Reporting.--Not later than 6 months after the date 
of the enactment of this Act, and every 6 months thereafter, the Trade 
Representative shall report to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives 
on--
            ``(1) the progress being made to achieve the trade 
        enforcement priorities identified in subsection (a)(1)(A); and
            ``(2) the steps being taken to address the priority foreign 
        country trade practices identified in subsection (a)(1)(C).''.
    (b) Conforming Amendment.--The table of contents of the Trade Act 
of 1974 is amended by inserting after the item relating to section 310 
the following:

``Sec. 311. Identification of trade enforcement priorities.''.

SEC. 103. ESTABLISHMENT OF CHIEF MANUFACTURING NEGOTIATOR.

    (a) Establishment of Position.--Section 141(b)(2) of the Trade Act 
of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows:
    ``(2) There shall be in the Office 3 Deputy United States Trade 
Representatives, 1 Chief Agricultural Negotiator, and 1 Chief 
Manufacturing Negotiator who shall all be appointed by the President, 
by and with the advice and consent of the Senate. As an exercise of the 
rulemaking power of the Senate, any nomination of a Deputy United 
States Trade Representative, the Chief Agricultural Negotiator, or the 
Chief Manufacturing Negotiator submitted to the Senate for its advice 
and consent, and referred to a committee, shall be referred to the 
Committee on Finance. Each Deputy United States Trade Representative, 
the Chief Agricultural Negotiator, and the Chief Manufacturing 
Negotiator shall hold office at the pleasure of the President and shall 
have the rank of Ambassador.''.
    (b) Functions of Position.--Section 141(c) of the Trade Act of 1974 
(19 U.S.C. 2171(c)) is amended--
            (1) by moving paragraph (5) 2 ems to the left; and
            (2) by adding at the end the following new paragraph:
    ``(6)(A) The principal function of the Chief Manufacturing 
Negotiator shall be to conduct trade negotiations and to enforce trade 
agreements relating to United States manufacturing products and 
services. The Chief Manufacturing Negotiator shall be a vigorous 
advocate on behalf of United States manufacturing interests and shall 
perform such other functions as the United States Trade Representative 
may direct.
    ``(B) Not later than 1 year after the date of the enactment of this 
paragraph, and annually thereafter, the Chief Manufacturing Negotiator 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report on 
the actions taken by the Chief Manufacturing Negotiator in the 
preceding year.''.
    (c) Compensation.--Section 5314 of title 5, United States Code, as 
amended by section 101(c), is further amended by inserting ``Chief 
Manufacturing Negotiator.'' after ``Chief Agricultural Negotiator.''.
    (d) Technical Amendments.--Section 141(e) of the Trade Act of 1974 
(19 U.S.C. 2171(e)) is amended--
            (1) in paragraph (1), by striking ``5314'' and inserting 
        ``5315''; and
            (2) in paragraph (2), by striking ``the maximum rate of pay 
        for grade GS-18, as provided in section 5332'' and inserting 
        ``the maximum rate of pay for level IV of the Executive 
        Schedule in section 5315''.

SEC. 104. PLAN FOR ADDRESSING NONTARIFF BARRIERS TO MARKET ACCESS.

    Not later than 180 days after the date of the enactment of this 
Act, the Deputy United States Trade Representative for Trade 
Enforcement shall submit to the Committee on Commerce, Science, and 
Transportation and the Committee on Finance of the Senate and the 
Committee on Energy and Commerce and the Committee on Ways and Means of 
the House of Representatives a plan for addressing nontariff barriers 
affecting market access for United States companies in any country with 
respect to which the United States has entered into a bilateral or 
regional trade agreement or is negotiating such an agreement.

  TITLE II--STRENGTHENING ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

                        Subtitle A--Definitions

SEC. 201. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Import Safety and Intellectual 
        Property Rights Enforcement established pursuant to section 
        251.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (3) Counterfeiting; counterfeit goods.--
                    (A) Counterfeiting.--The term ``counterfeiting'' 
                means activities related to production of or 
                trafficking in goods, including packaging, that bear a 
                spurious mark or designation that is identical to or 
                substantially indistinguishable from a mark or 
                designation protected under the trademark laws or 
                related laws.  
                    (B) Counterfeit goods.--The term ``counterfeit 
                goods'' means goods described in subparagraph (A).
            (4) Director.--The term ``Director'' means the Director of 
        Intellectual Property Rights Enforcement of the Department of 
        the Treasury established under section 211.
            (5) Enforcement of intellectual property rights.--The term 
        ``enforcement of intellectual property rights'' means 
        activities to enforce--
                    (A) copyrights, patents, trademarks, and other 
                forms of intellectual property, including activities to 
                control counterfeiting and piracy; and
                    (B) exclusion orders issued by the United States 
                International Trade Commission by reason of any of 
                subparagraphs (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)).
            (6) Exclusion order.--The term ``exclusion order'' means an 
        order of the United States International Trade Commission 
        issued under section 337 (d) or (e) of the Tariff Act of 1930 
        (19 U.S.C. 1337 (d) and (e)) to exclude goods from entry into 
        the United States.
            (7) 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 title 
                17, United States Code, or related laws.
                    (B) Pirated goods.--The term ``pirated goods'' 
                means copies or phonorecords described in subparagraph 
                (A).
            (8) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Treasury.
            (9) Transshipment.--The term ``transshipment'' means the 
        shipment of goods through one country that is an intermediate 
        destination to another country that is the final destination of 
        the goods.

Subtitle B--Coordination of Enforcement of Intellectual Property Rights

SEC. 211. 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 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 intellectual property 
        rights and coordinate with U.S. Customs and Border Protection 
        and U.S. Immigration and Customs Enforcement with respect to 
        such enforcement;
            (2) oversee the development and implementation of the 
        strategic plan for the enforcement of intellectual property 
        rights required under section 212;
            (3) coordinate the policy and regulatory changes set forth 
        in this title;
            (4) serve as staff representative of the Department of the 
        Treasury in interagency bodies with responsibility for 
        coordination of activities involving the enforcement of 
        intellectual property rights;
            (5) conduct an evaluation of the effectiveness of the 
        organizational structure of U.S. Customs and Border Protection 
        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 Department of the Treasury under the laws 
        within its jurisdiction with respect to the enforcement of 
        intellectual property rights.

SEC. 212. STRATEGIC PLAN FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY 
              RIGHTS.

    (a) In General.--The Director shall develop, for approval by the 
Deputy Secretary of the Treasury, an annual strategic plan for the 
enforcement of intellectual property rights.
    (b) Consultation.--In developing the annual strategic plan required 
under subsection (a), the Director shall consult with--
            (1) the Advisory Committee;
            (2) the U.S. Customs and Border Protection Intellectual 
        Property Rights Coordinator and the U.S. Immigration and 
        Customs Enforcement Intellectual Property Rights Coordinator 
        appointed under section 213;
            (3) all entities within the Department of the Treasury with 
        expertise and experience in the enforcement of intellectual 
        property rights;
            (4) other agencies of the executive branch engaged in the 
        enforcement of intellectual property rights, including any 
        officials designated to coordinate such enforcement efforts on 
        an interagency basis; and
            (5) officials from foreign law enforcement agencies 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 U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement relating to the enforcement of intellectual 
property rights, and shall--
            (1) provide for specific measurement of the current 
        effectiveness of enforcement tools, including targeting, 
        examination, post-entry auditing, and penalty actions;
            (2) give priority to those enforcement tools determined 
        under paragraph (1) to be most effective;
            (3) identify best practices, both in the United States and 
        abroad, with respect to the enforcement of intellectual 
        property rights, taking into account the practices of 
        enforcement authorities of other countries, and implement those 
        practices;
            (4) identify and apply the specific performance measures to 
        be used to evaluate the progress of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement in 
        improving the effectiveness of efforts relating to the 
        enforcement of intellectual property rights;
            (5) address border control programs administered by U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement at ports of entry for passengers and freight, and 
        at points of entry for postal and courier services, as well as 
        for goods being transshipped through United States ports and in 
        the process of being exported from the United States;
            (6) require cooperation between U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement and 
        State and local law enforcement agencies with respect to the 
        enforcement of intellectual property rights and sharing 
        information with respect to detained shipments of goods 
        suspected of violating intellectual property rights at ports of 
        entry;
            (7) recommend the optimal feasible allocation of human, 
        financial, physical, and technological resources that U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement should use to achieve the goals of the annual 
        strategic plan;
            (8) report on the key activities of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement during 
        the preceding year with respect to the enforcement of 
        intellectual property rights; and
            (9) contain such other information as the Director 
        considers appropriate to convey what U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement will 
        do, over the following year, with respect to the enforcement of 
        intellectual property rights and reducing the costs that 
        violations of intellectual property rights impose on the United 
        States economy and public safety.
    (d) Approval of Plan by Deputy Secretary of the Treasury.--The 
Director shall submit the annual strategic plan to the Deputy Secretary 
of the Treasury for approval, who shall ensure that the plan is 
consistent with any other relevant interagency strategic plans.
    (e) Submission to Congress.--After approving the annual strategic 
plan under subsection (d), 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 
improve the effectiveness of the Department's efforts with respect to 
the enforcement of intellectual property rights.
    (f) 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 enactment of this Act and annually thereafter.

SEC. 213. U.S. CUSTOMS AND BORDER PROTECTION AND U.S. IMMIGRATION AND 
              CUSTOMS ENFORCEMENT INTELLECTUAL PROPERTY RIGHTS 
              COORDINATORS.

    (a) U.S. Customs and Border Protection Intellectual Property Rights 
Coordinator.--
            (1) Appointment.--The Commissioner shall appoint a U.S. 
        Customs and Border Protection coordinator of intellectual 
        property rights enforcement activities (in this subtitle 
        referred to as the ``U.S. Customs and Border Protection 
        Intellectual Property Rights Coordinator''), who shall report 
        directly to the Commissioner.
            (2) Duties.--The U.S. Customs and Border Protection 
        Intellectual Property Rights Coordinator shall--
                    (A) assist the Director of Intellectual Property 
                Rights Enforcement of the Department of the Treasury in 
                the development of the annual strategic plan and 
                coordinate the implementation of those aspects of the 
                plan that involve U.S. Customs and Border Protection;
                    (B) coordinate all efforts, at all ports of entry 
                and elsewhere, carried out by U.S. Customs and Border 
                Protection with respect to 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 U.S. Customs and Border Protection 
                and submit a report on such activities to the Director 
                to be included in the annual strategic plan required 
                under section 212; and
                    (D) carry out such other duties, as assigned by the 
                Commissioner, the purpose of which are to improve the 
                performance of U.S. Customs and Border Protection with 
                respect to the enforcement of intellectual property 
                rights.
    (b) U.S. Immigration and Customs Enforcement Intellectual Property 
Rights Coordinator.--
            (1) Appointment.--The Assistant Secretary for United States 
        Immigration and Customs Enforcement shall appoint an U.S. 
        Immigration and Customs Enforcement coordinator of intellectual 
        property enforcement activities (in this subtitle referred to 
        as the ``U.S. Immigration and Customs Enforcement Intellectual 
        Property Rights Coordinator''), who shall report directly to 
        the Assistant Secretary for U.S. Immigration and Customs 
        Enforcement.
            (2) Duties.--The U.S. Immigration and Customs Enforcement 
        Intellectual Property Rights Coordinator shall--
                    (A) assist the Director of Intellectual Property 
                Rights Enforcement of the Department of the Treasury in 
                the development of the annual strategic plan and 
                coordinate the implementation of those aspects of the 
                plan that involve U.S. Immigration and Customs 
                Enforcement;
                    (B) coordinate all efforts carried out by U.S. 
                Immigration and Customs Enforcement with respect to 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 U.S. Immigration and Customs 
                Enforcement; and
                    (D) carry out such other duties, as assigned by the 
                Assistant Secretary for U.S. Immigration and Customs 
                Enforcement, the purpose which are to improve the 
                performance of U.S. Immigration and Customs Enforcement 
                with respect to the enforcement of intellectual 
                property rights.

    Subtitle C--Regulatory and Policy Improvements With Respect to 
                  Combating Counterfeiting and Piracy

SEC. 221. IDENTIFICATION OF CERTAIN UNLAWFUL GOODS.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall prescribe regulations to apply risk assessment modeling 
techniques to border enforcement activities with respect to combating 
counterfeiting and piracy. Such efforts shall include--
            (1) preparing a report on and evaluation of the pilot 
        project of U.S. Customs and Border Protection with respect to 
        shipments of counterfeit or pirated products;
            (2) expanding the pilot project to allow for the use of the 
        Automated Targeting System in risk assessment modeling; and
            (3) developing a plan for the development, testing, 
        evaluation, and continuous improvement of risk assessment 
        modeling techniques to facilitate the enforcement of 
        intellectual property rights.
    (b) Inclusion in Strategic Plan.--The report described in 
subsection (a)(1), and the plan described in subsection (a)(3), shall 
be included in the annual strategic plan that is required under section 
212.

SEC. 222. TRAINING IN NEW TECHNOLOGIES.

    (a) Training of Personnel.--The Commissioner shall consult with the 
Advisory Committee to determine the feasibility of training U.S. 
Customs and Border Protection personnel in the use of new technological 
means for detecting and identifying, at ports of entry, counterfeit and 
pirated goods, and goods that are subject to exclusion orders, whether 
for entry into the United States or for transshipment to other 
destinations.
    (b) Identification of Technologies and Sources of Training.--In 
consultation with the Advisory Committee, the Commissioner shall 
identify--
            (1) cost-effective technologies for detecting and 
        identifying goods described in subsection (a) at ports of 
        entry; and
            (2) economical sources for training U.S. Customs and Border 
        Protection personnel in the use of such technologies.
    (c) Regulatory and Policy Changes.--The Comptroller General of the 
United States shall submit to Congress a report analyzing the costs and 
benefits of making 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 training of 
personnel of U.S. Customs and Border Protection under subsection (a).

SEC. 223. DISCLOSURE OF INFORMATION AND SAMPLES OF SHIPMENTS TO 
              INTELLECTUAL PROPERTY OWNERS.

    The Commissioner shall prescribe regulations to--
            (1) improve the process of making samples of shipments of 
        goods suspected of violating intellectual property rights 
        available to the owners of copyrights, trademarks, patents, and 
        other forms of intellectual property, in an efficient and cost-
        effective manner, for the purpose of inspection or analysis, 
        including by developing a process under which--
                    (A) a requirement that such an owner post a bond to 
                receive such a sample may be waived if the value of the 
                sample is less than $100; or
                    (B) such an owner may elect to obtain a continuous 
                bond with respect to such samples; and
            (2) increase disclosure to owners of copyrights, 
        trademarks, patents, and other forms of intellectual property 
        of information about shipments of goods that have been detained 
        at ports of entry on suspicion that the importation into, or 
        transshipment through, the United States of those goods would 
        violate the intellectual property rights of such owners, 
        including--
                    (A) providing a detailed description of the goods, 
                including information on the packaging of the goods 
                such as expiration dates and model, lot, batch, part, 
                or serial numbers or universal product codes (UPC);
                    (B) providing photographs of the goods that do not 
                mask identifying information about the goods;
                    (C) disclosing the identities and contact 
                information of all parties involved in the shipments, 
                including importers, exporters, declarants, consignees, 
                freight forwarders, and warehouse owners;
                    (D) identifying points of origin and destination of 
                the shipments; and
                    (E) providing any other documents relating to the 
                shipments.

SEC. 224. IMPROVEMENTS TO RECORDATION PROCESS.

    (a) Improvements in Recordation Process.--The Commissioner shall 
prescribe regulations to ensure that the system for recordation of 
copyrights, trademarks, patents, and other forms of intellectual 
property that may be subject to recordation, does not impede the rapid 
seizure of goods that violate the rights of the owners of such 
copyrights, trademarks, patents, and other forms of intellectual 
property.
    (b) Simultaneous Recordation.--
            (1) In general.--In consultation with the Under Secretary 
        of Commerce for Intellectual Property and Director of the 
        United States Patent and Trademark Office, and the Register of 
        Copyrights, the Commissioner shall develop a system pursuant to 
        which--
                    (A) trademarks may be recorded with U.S. Customs 
                and Border Protection simultaneously with the issuance 
                of trademark registration; and
                    (B) copyrights of audiovisual works and sound 
                recordings may be recorded with U.S. Customs and Border 
                Protection simultaneously with the filing of an 
                application for a certificate 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. 225. IDENTIFICATION OF LOW-RISK IMPORTERS.

    (a) In General.--The Commissioner shall develop a voluntary 
certification program for importers that have taken specific measures 
to strengthen and protect their supply chains to prevent the 
infiltration into the international 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-certification.--The voluntary certification program 
developed under subsection (a) shall rely primarily on self-
certification by importers in determining the eligibility of importers 
for the program.
    (c) Third Party Verifications.--The Commissioner shall identify any 
circumstances, such as importation from any country with a history of 
being identified under section 182 of the Trade Act of 1974 (19 U.S.C. 
2242) as denying adequate and effective protection of intellectual 
property rights, under which third party verifications shall be 
required to determine the eligibility of importers for the voluntary 
certification program.
    (d) Benefits.--An importer determined to be eligible for the 
voluntary certification program and to have taken the measures required 
under subsection (a) may receive benefits with respect to customs 
requirements, such as reduced inspections from U.S. Customs and Border 
Protection.
    (e) Definition.--In this section, the term ``international supply 
chain'' has the meaning given that term in section 2 of the Security 
and Accountability for Every Port Act of 2006 (6 U.S.C. 901).

SEC. 226. ``WATCH LIST'' DATABASE.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall develop and implement a database of importers, shippers, freight 
forwarders, and other participants in the import, export, and 
transshipment process, whose activities the Commissioner determines 
merit special scrutiny at ports of entry because of the risk of 
importation, exportation, or transshipment of goods that violate 
intellectual property rights or exclusion orders.
    (b) Plan.--The Secretary, acting through the Commissioner, shall 
develop a plan to implement the database required under subsection (a). 
The plan shall--
            (1) identify legitimate information sources to be used in 
        determining whether to place persons on the database from--
                    (A) within U.S. Customs and Border Protection;
                    (B) other law enforcement sources; and
                    (C) the private sector;
            (2) establish criteria under which the database should be 
        made available--
                    (A) to qualified officers of U.S. Customs and 
                Border Protection and other law enforcement agencies;
                    (B) for intelligence purposes; and
                    (C) for use in identifying shipments for enhanced 
                inspection;
            (3) identify any regulatory or policy changes that are 
        necessary to make the database operational;
            (4) contain any recommendations for statutory changes to 
        improve the effectiveness of the database;
            (5) include an estimate of the resources necessary to 
        implement and operate the database and to evaluate its 
        effectiveness; and
            (6) include a timetable for implementation of the database.
    (c) Consultations With Advisory Committee.--The Commissioner shall 
consult with the Advisory Committee on the development of criteria for 
the database.
    (d) Timing.--The Commissioner shall complete the plan required 
under subsection (b) in a timely fashion that will permit the inclusion 
of the plan in the first annual strategic plan required under section 
212.

SEC. 227. 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 pursuant 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 Commissioner or the Commissioner's 
        designee for such dismissal 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 involvement in the importation, 
exportation, or transshipment of pirated or counterfeit goods is 
limited to extraordinary cases in which the interests of justice will 
clearly be served by such action.

SEC. 228. REPORT ON EFFECTIVE COLLECTION TECHNIQUES.

    (a) In General.--The Commissioner shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report on--
            (1) the extent to which U.S. Customs and Border Protection 
        uses effective collection techniques for collecting civil fines 
        imposed on persons that import, export, or transship pirated or 
        counterfeit goods;
            (2) any recommendations with respect to improving the use 
        of such techniques by U.S. Customs and Border Protection;
            (3) any recommendations with respect to whether--
                    (A) owners of copyrights or trademarks should be 
                authorized to pursue and collect fines imposed as a 
                result of activities that violate such copyrights or 
                trademarks; and
                    (B) such owners should be allowed to retain some or 
                all of any funds so collected; and
            (4) any other recommendations for statutory, regulatory, or 
        policy changes not under the control of U.S. Customs and Border 
        Protection to improve the agency's ability--
                    (A) to impose civil fines on persons that import, 
                export, or transship pirated or counterfeit goods, at 
                levels that would deter such importation, exportation, 
                and transshipment; and
                    (B) to collect such fines.
    (b) Effective Collection Techniques.--In this section, the term 
``effective collection techniques'' includes--
            (1) confiscation of the proceeds of actions for which civil 
        fines can be imposed;
            (2) seizure of property acquired with such proceeds;
            (3) imposition of liens on the real or personal property of 
        persons upon whom civil fines are imposed;
            (4) use of bonds to secure full payment of fines;
            (5) in any case in which an entity is liable and has no 
        assets or is no longer in business, holding liable any person 
        who--
                    (A) was an officer or director of the entity;
                    (B) in the case of a corporation, held at least 5 
                percent (by vote or value) of the capital structure of 
                the corporation; or
                    (C) in the case of any other entity, held interests 
                representing at least 5 percent of the capital 
                structure of the entity; and
            (6) engaging private sector entities to collect civil fines 
        imposed.

                   Subtitle D--Training Enhancements

SEC. 231. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE ENHANCEMENTS.

    The Secretary shall take the necessary steps--
            (1) to increase staffing and resources of offices of U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement engaged in providing training and technical 
        assistance to the customs services and enforcement agencies of 
        other countries in order to improve the effectiveness of such 
        customs services and enforcement agencies with respect to--
                    (A) detecting and intercepting the exportation, 
                importation, and transshipment of counterfeit or 
                pirated goods, goods that are the subject to exclusion 
                orders, and goods that violate other forms of 
                intellectual property rights; and
                    (B) imposing penalties on persons that export, 
                import, or transship counterfeit or pirated goods at 
                levels that will deter such exportation, importation, 
                and transshipment; and
            (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 U.S. Customs and 
                Border Protection and U.S. Immigration and Customs 
                Enforcement as part of the Director's coordination 
                responsibilities under section 211;
                    (B) gives priority to international training and 
                technical assistance activities in countries in which 
                such activities can be carried out most effectively and 
                with the greatest benefit to protecting the 
                intellectual property rights of United States persons;
                    (C) takes steps to minimize duplication, overlap, 
                or inconsistency of international training and 
                technical assistance efforts; and
                    (D) coordinates such activities of the Department 
                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.

           Subtitle E--New Legal Tools for Border Enforcement

SEC. 241. EXPANDED PROHIBITIONS ON IMPORTATION, EXPORTATION, AND 
              TRANSSHIPMENT OF COUNTERFEIT OR PIRATED GOODS.

    (a) In General.--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 ``trademark'';
            (2) in subsection (e), by striking ``Any such merchandise'' 
        and all that follows through ``15 U.S.C. 1124),'' and inserting 
        ``Any merchandise bearing a counterfeit mark (as defined in 
        section 2320(e) of title 18, United States Code) that is 
        imported into the United States, exported out of the United 
        States, or transshipped through the United States''; and
            (3) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
    ``(1) Any person who engages in, directs, assists financially or 
otherwise, or aids and abets the importation, exportation, or 
transshipment of merchandise that is seized under subsection (e) of 
this section, or under regulations issued pursuant to section 603(c) of 
title 17, United States Code, shall be subject to a civil fine.'';
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
    ``(4) When the seizure of merchandise that results in the 
imposition of a civil fine is made under circumstances indicating that 
the importation, exportation, or transshipment of the merchandise was 
for the purpose of sale or public distribution of the merchandise, the 
maximum fine amounts set forth in paragraphs (2) and (3) shall be 
tripled.''.
    (b) Conforming Amendments.--Title 17, United States Code, is 
amended--
            (1) in section 501(a), by inserting ``, exports copies or 
        phonorecords from the United States, or transships copies or 
        phonorecords through the United States'' after ``into the 
        United States'';
            (2) in section 506(c), by inserting 
        ``, exports, or transships'' after ``imports'';
            (3) in section 511(a), by inserting ``, exporting, or 
        transshipping'' after ``importing'';
            (4) in section 602--
                    (A) in the section heading, by striking ``or 
                exportation'' and inserting ``, exportation, or 
                transshipment''; and
                    (B) in subsection (a)--
                            (i) in paragraph (2)--
                                    (I) in the paragraph heading, by 
                                striking ``or exportation'' and 
                                inserting ``, exportation, or 
                                transshipment''; and
                                    (II) by striking ``or exportation 
                                from the United States'' and inserting 
                                ``, exportation from the United States, 
                                or transshipment through the United 
                                States''; and
                            (ii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``or exportation'' and 
                                inserting ``, exportation, or 
                                transshipment''; and
                                    (II) in subparagraph (B), by 
                                striking ``or exportation, for the 
                                private use of the importer or 
                                exporter'' and inserting ``, 
                                exportation, or transshipment, for the 
                                private use of the importer, exporter, 
                                or person transshipping copies or 
                                phonorecords'';
            (5) in section 603--
                    (A) in the section heading, by striking 
                ``Importation prohibitions'' and inserting 
                ``Prohibitions on importation, exportation, and 
                transshipment'';
                    (B) in subsection (a), by inserting 
                ``, exportation, and transshipment'' after 
                ``importation'';
                    (C) in subsection (b), by inserting 
                ``, exportation, or transshipment'' after 
                ``importation'' each place it appears; and
                    (D) in subsection (c)--
                            (i) by inserting ``, exported, or 
                        transshipped'' after ``imported'' each place it 
                        appears; and
                            (ii) by inserting ``, exportation, or 
                        transshipped'' after ``importation'';
            (6) by amending the chapter heading for chapter 6 to read 
        as follows:

``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, EXPORTATION, AND 
                            TRANSSHIPMENT'';

            (7) in the table of sections for chapter 6, by amending the 
        items relating to sections 602 and 603 to read as follows:

``602. Infringing importation, exportation, and transshipment of copies 
                            or phonorecords.
``603. Prohibitions on importation, exportation, and transshipment: 
                            Enforcement and disposition of excluded 
                            articles.'';
        and
            (8) in the table of chapters, by amending the item relating 
        to chapter 6 to read as follows:

``6.  Manufacturing Requirements, Importation, Exportation,      601''.
                            and Transshipment.

SEC. 242. 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 
        counterfeit mark (as defined in section 2320(e) of title 18, 
        United States Code);
            ``(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--
                    ``(A) does not violate an exclusion order of the 
                United States International Trade Commission under 
                section 337 (d) or (e) by reason of any of 
                subparagraphs (B) through (E) of subsection (a)(1) of 
                section 337; or
                    ``(B) infringe any other intellectual property 
                right not covered by subparagraph (A) or by paragraph 
                (5) or (6).''.
    (b) Regulations.--The Secretary shall issue regulations requiring 
that the declarations required by paragraphs (5), (6), and (7) of 
section 485(a) of the Tariff Act of 1930, as added by subsection (a) of 
this section, be made by all persons arriving in the United States with 
respect to articles carried on their person or contained in their 
baggage.

SEC. 243. SEIZURE AND FORFEITURE OF DEVICES DESIGNED TO CIRCUMVENT 
              INTELLECTUAL PROPERTY RIGHTS PROTECTIONS.

    Section 596(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(2)) 
is amended--
            (1) in subparagraph (E), by striking ``or'';
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) it is a technology, product, service, device, 
                component, or part thereof the importation of which is 
                prohibited under section 1201(a)(2) of title 17, United 
                States Code.''.

SEC. 244. AUTHORITY OF CHIEF COUNSEL OF U.S. CUSTOMS AND BORDER 
              PROTECTION TO REPRESENT THE UNITED STATES IN CERTAIN 
              FORFEITURE PROCEEDINGS.

    Title V of the Tariff Act of 1930 (19 U.S.C. 1500 et seq.) is 
amended by inserting after section 529 the following:

``SEC. 530. AUTHORITY OF CHIEF COUNSEL OF U.S. CUSTOMS AND BORDER 
              PROTECTION TO REPRESENT THE UNITED STATES IN CERTAIN 
              FORFEITURE PROCEEDINGS.

    ``(a) In General.--Subject to subsection (b), the Chief Counsel of 
U.S. Customs and Border Protection may commence, defend, or intervene 
in, and supervise the litigation of, any civil forfeiture proceeding 
under section 2320(b) of title 18, United States Code, or section 
526(e) of this Act.
    ``(b) Procedure for Exercise of Authority To Litigate or Appeal.--
            ``(1) In general.--Prior to commencing, defending, or 
        intervening in any civil forfeiture proceeding referred to in 
        subsection (a), the Chief Counsel shall submit a written 
        notification to the Attorney General with respect to the 
        proposed proceeding.
            ``(2) Failure to respond.--If, not later than 120 days 
        after the date on which the Chief Counsel submits the 
        notification to the Attorney General under paragraph (1), the 
        Attorney General has failed to commence, defend, or intervene 
        in the proposed proceeding, the Chief Counsel may commence, 
        defend, or intervene in, and supervise the litigation of, the 
        proceeding and any appeal of the proceeding in the name of the 
        Chief Counsel.
            ``(3) Authority of attorney general to intervene.--Nothing 
        in this subsection precludes the Attorney General from 
        intervening on behalf of the United States in any civil 
        forfeiture proceeding under section 2320(b) of title 18, United 
        States Code, or in any appeal of such a proceeding, as may be 
        otherwise provided by law.''.

                 Subtitle F--Administrative Provisions

SEC. 251. ADVISORY COMMITTEE ON IMPORT SAFETY AND INTELLECTUAL PROPERTY 
              ENFORCEMENT.

    (a) Establishment.--
            (1) In general.--The Secretary, acting through the 
        Commissioner and the Assistant Secretary for U.S. Immigration 
        and Customs Enforcement, 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 Secretary. In making appointments to 
        the Advisory Committee, the Secretary shall ensure that--
                    (A) the membership of the Advisory Committee is 
                representative of the individuals and organizations 
                affected by the enforcement of import safety standards 
                and intellectual property rights by U.S. Customs and 
                Border Protection and U.S. Immigration and Customs 
                Enforcement;
                    (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) not more than 10 members of the Advisory 
                Committee belong to the same political party.
    (b) Duties.--The Advisory Committee shall--
            (1) provide advice to the Secretary, the Commissioner, and 
        the Assistant Secretary for U.S. Immigration and Customs 
        Enforcement on all matters involving the enforcement of import 
        safety standards and intellectual property rights by U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement; 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
                    (B) set forth any recommendations of the Advisory 
                Committee with respect the enforcement of import safety 
                standards and intellectual property rights by U.S. 
                Customs and Border Protection and U.S. Immigration and 
                Customs Enforcement.
    (c) Presiding Officers.--The Commissioner and the Assistant 
Secretary for U.S. Immigration and Customs Enforcement shall jointly 
preside over meetings of the Advisory Committee.

SEC. 252. STAFFING ENHANCEMENTS AT U.S. CUSTOMS AND BORDER PROTECTION.

    There are authorized to be appropriated to U.S. Customs and Border 
Protection such funds as may be necessary for additional personnel (as 
determined in accordance with the Resource Allocation Model established 
pursuant to section 301(h) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(h)) to carry out the 
additional responsibilities of U.S. Customs and Border Protection under 
this title regarding the importation, transshipment, and exportation of 
counterfeit or pirated goods, goods that are the subject to exclusion 
orders, and goods that violate other forms of intellectual property 
rights.

SEC. 253. STAFFING ENHANCEMENTS AT U.S. IMMIGRATION AND CUSTOMS 
              ENFORCEMENT.

    There are authorized to be appropriated to U.S. Immigration and 
Customs Enforcement such funds as may be necessary for additional 
personnel to carry out the additional responsibilities of U.S. 
Immigration and Customs Enforcement under this title regarding the 
enforcement of intellectual property rights, including for developing 
and implementing a training program with respect to the enforcement of 
intellectual property rights for each U.S. Immigration and Customs 
Enforcement attache office outside the United States.

SEC. 254. REGULATORY AUTHORITY.

    The Secretary may issue such regulations as are necessary to carry 
out this title.
                                 <all>