,i #aacth ,,congress #ast ,session ,h4 ,r4 #bb ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,mr4 ,poe of ,texas 7for himself1 ,ms4 ,lofgren1 ,mr4 ,chabot1 ,mr4 ,mc,keon1 ,mr4 ,keating1 ,ms4 ,linda ,t4 ,snchez of ,california1 and ,mr4 ,mc,caul7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the exchange of information related to trade enforcement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,counterfeit ,merchandise ,prevention ,act4 #b4 ,exchange of information related to trade enforcement ,section #aije of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,whoever and inserting 7a7 ,in general4--,whoever2 and 7#b7 by adding at the end the following3 7b7 ,provision of information relating to merchandise presented to ,customs ,it shall not be a violation of this section for an officer or employee of ,u4,s4 ,customs and ,border ,protection1 upon detention and thereafter1 to provide to the owner of a copyright or a registered mark1 or to any person who may be injured by a violation of section #abja of title #ag-- 7#a7 any information appearing on the merchandise1 including its retail packaging1 7#b7 a sample of the merchandise and its retail packaging1 or 7#c7 digital images of the merchandise and its retail packaging1 as it was presented to ,u4,s4 ,customs and ,border ,protection1 without redaction1 whether imported into or exported from the ,united ,states1 or attempted to be exported from the ,united ,states1 for purposes of determining whether the merchandise or its retail packaging infringes the copyright1 bears or consists of a counterfeit mark of the registered mark1 or is in violation of section #abja of title #ag1 as the case may be4 7c7 ,provision of information relating to seized merchandise ,it shall not be a violation of this section for an officer or employee of ,u4,s4 ,customs and ,border ,protection1 after seizing merchandise pursuant to a determination that the merchandise is in violation of section #abja of title #ag1 to provide1 to persons injured by the violation1 information with respect to the merchandise1 including1 but not limited to1 the following3 7#a7 ,the date of importation4 7#b7 ,the port of entry4 7#c7 ,the description of the merchandise from the entry4 7#d7 ,the quantity involved4 7#e7 ,the country of origin of the merchandise4 7#f7 ,the name and address of the foreign manufacturer4 7#g7 ,the name and address of the exporter4 7#h7 ,the name and address of the importer4 7#i7 ,photographic or digital images of the merchandise4 7d7 ,definitions ,as used in this section-- 7#a7 the term registered mark has the meaning given that term in section #de of the ,lanham ,act 7#ae ,u4,s4,c4 #aabg72 7#b7 the term ,lanham ,act has the meaning given that term in section #bcbj7;f7 of this title2 7#c7 the term counterfeit mark has the meaning given that term in section #bcbj7;f7 of this title2 and 7#d7 the term without redaction means1 with respect to merchandise1 without removing1 revising1 or otherwise obscuring any information1 codes1 marks1 numbers1 or any other markings that appear on the merchandise or its retail packaging4 7e7 ,rule of construction ,subsections 7b71 7c71 and 7d7 apply only with respect to tangible goods presented to ,u4,s4 ,customs and ,border ,protection for importation into1 or exportation from1 the ,united ,states4 4 #c4 ,prevention of importation of manufactured goods bearing infringing marks 7a7 ,in general ,section #db of the ,lanham ,act 7#ae ,u4,s4,c4 #aabd71 is amended-- 7#a7 in the first sentence1 by striking ,except as and inserting 7a7 ,in general4--,except as2 7#b7 by striking of the ,treasury each place it appears and inserting of ,homeland ,security2 and 7#c7 by adding at the end the following3 7b7 ,detention of critical merchandise ,with respect to critical merchandise that bears a registered trademark recorded under subsection 7a71 if ,u4,s4 ,customs and ,border ,protection detains the merchandise because the merchandise is suspected of bearing a counterfeit mark1 then1 upon such detention1 the ,secretary-- 7#a7 shall provide to the owner of the registered trademark any information on the critical merchandise and its packaging and labels1 including1 without redaction1 photographs or digital images of the critical merchandise1 packaging1 and labels2 and 7#b7 may1 at any time1 subject to any applicable bonding and return requirements1 provide to the owner of the registered trademark samples of the critical merchandise1 without redaction4 7c7 ,definitions ,in this section3 7#a7 ,critical merchandise 7,a7 ,in general ,the term critical merchandise includes-- 7i7 aircraft engines1 appliances1 propellers1 and spare parts2 7ii7 motor vehicle equipment2 7iii7 semiconductors2 and 7iv7 any other article of manufacture that the ,secretary determines could1 if permitted entry into the ,united ,states in violation of the laws of the ,united ,states pose a danger to the health1 safety1 or welfare of consumers1 or to the national security of the ,united ,states4 7,b7 ,other definitions ,for purposes of subparagraph 7,a7-- 7i7 the terms aircraft engine1 appliance1 propeller1 and spare part have the meanings given those terms in section #djajb7;a7 of title #di1 ,united ,states ,code2 7ii7 the term motor vehicle equipment has the meaning given that term in section #cjajb7;a7 of title #di1 ,united ,states ,code2 and 7iii7 the term semiconductor means semiconductor chip product as defined in section #ija of title #ag1 ,united ,states ,code4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#c7 ,without redaction ,the term without redaction means1 with respect to merchandise1 without removing1 revising1 or otherwise obscuring any information1 codes1 marks1 numbers1 or any other markings that appear on the merchandise or its retail packaging4 7d7 ,rule of construction ,this section applies only with respect to tangible goods presented to ,u4,s4 ,customs and ,border ,protection for importation into the ,united ,states4 4 7b7 ,definition ,in this section1 the term ,lanham ,act means the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7#ae ,u4,s4,c4 #ajea et seq474 7c7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #fj-;day period beginning on the date of the enactment of this ,act4