19 U.S.C. § 4347 — Training with respect to the enforcement

Page 1104 TITLE 19—CUSTOMS DUTIES § 4346 clude in the joint strategic plan required by sec- tion 4314 of this title— (1) a description of the efforts of the Depart- ment of Homeland Security to enforce intel- lectual property rights; (2) a list of the 10 United States ports of entry at which U.S. Customs and Border Pro- tection has seized the most merchandise, both by volume and by value, that infringes intel- lectual property rights during the most recent 2-year period for which data are available; and (3) a recommendation for the optimal alloca- tion of personnel, resources, and technology to ensure that U.S. Customs and Border Protec- tion and U.S. Immigration and Customs En- forcement are adequately enforcing intellec- tual property rights. (Pub. L. 114–125, title III, § 306, Feb. 24, 2016, 130 Stat. 152.) § 4346. Personnel dedicated to the enforcement of intellectual property rights (a) Personnel of U.S. Customs and Border Pro- tection The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall en- sure that sufficient personnel are assigned throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforce- ment, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellec- tual property rights. (b) Staffing of National Intellectual Property Rights Coordination Center The Commissioner shall— (1) assign not fewer than 3 full-time employ- ees of U.S. Customs and Border Protection to the National Intellectual Property Rights Co- ordination Center established under section 4344 of this title; and (2) ensure that sufficient personnel are as- signed to United States ports of entry to carry out the directives of the Center. (Pub. L. 114–125, title III, § 307, Feb. 24, 2016, 130 Stat. 152.) § 4347. Training with respect to the enforcement of intellectual property rights (a) Training The Commissioner shall ensure that officers of U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that infringes in- tellectual property rights, including through the use of technologies identified under subsection (c). (b) Consultation with private sector The Commissioner shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Bor- der Protection and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights. (c) Identification of new technologies In consultation with private sector entities, the Commissioner shall identify— (1) technologies with the cost-effective capa- bility to detect and identify merchandise at United States ports of entry that infringes in- tellectual property rights; and (2) cost-effective programs for training offi- cers of U.S. Customs and Border Protection to use such technologies. (d) Donations of technology Not later than the date that is 180 days after February 24, 2016, the Commissioner shall pre- scribe regulations to enable U.S. Customs and Border Protection to receive donations of hard- ware, software, equipment, and similar tech- nologies, and to accept training and other sup- port services, from private sector entities, for the purpose of enforcing intellectual property rights. (Pub. L. 114–125, title III, § 308, Feb. 24, 2016, 130 Stat. 153.) § 4348. International cooperation and informa- tion sharing (a) Cooperation The Secretary of Homeland Security shall co- ordinate with the competent law enforcement and customs authorities of foreign countries, in- cluding by sharing information relevant to en- forcement actions, to enhance the efforts of the United States and such authorities to enforce intellectual property rights. (b) Technical assistance The Secretary of Homeland Security shall pro- vide technical assistance to competent law en- forcement and customs authorities of foreign countries to enhance the ability of such authori- ties to enforce intellectual property rights. (c) Interagency collaboration The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights. (Pub. L. 114–125, title III, § 309, Feb. 24, 2016, 130 Stat. 153.) § 4349. Report on intellectual property rights en- forcement Not later than September 30, 2016, and annu- ally thereafter, the Commissioner and the Direc- tor of U.S. Immigration and Customs Enforce- ment shall jointly submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Govern- mental Affairs of the Senate, and the Com- mittee on Homeland Security of the House of Representatives a report that contains the fol- lowing: (1) With respect to the enforcement of intel- lectual property rights, the following: (A) The number of referrals, during the preceding year, from U.S. Customs and Bor- der Protection to U.S. Immigration and Cus- toms Enforcement relating to infringement of intellectual property rights. (B) The number of investigations relating to the infringement of intellectual property