[House Report 119-415]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-415
======================================================================
TO EXPAND THE SHARING OF INFORMATION WITH RESPECT TO SUSPECTED
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS IN TRADE
_______
December 30, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Missouri, from the Committee on Ways and Means, submitted
the following
R E P O R T
[To accompany H.R. 4930]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 4930) to expand the sharing of information with
respect to suspected violations of intellectual property rights
in trade, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND...................................... 2
A. Purpose and Summary................................. 2
B. Background and Need for Legislation................. 2
C. Legislative History................................. 3
D. Designated Hearing.................................. 3
II. EXPLANATION OF THE BILL..................................... 3
A. Reasons for Change.................................. 3
B. Explanation of Provisions........................... 3
C. Effective Date...................................... 4
III. VOTES OF THE COMMITTEE...................................... 4
IV. BUDGET EFFECTS OF THE BILL.................................. 5
A. Committee Estimate of Budgetary Effects............. 5
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority...................... 5
C. Cost Estimate Prepared by the Congressional Budget
Office............................................. 5
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE.. 5
A. Committee Oversight Findings and Recommendations.... 5
B. Statement of General Performance Goals and
Objectives......................................... 5
C. Information Relating to Unfunded Mandates........... 5
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits............................ 6
E. Duplication of Federal Programs..................... 6
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED....... 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHARING OF INFORMATION WITH RESPECT TO SUSPECTED VIOLATIONS
OF INTELLECTUAL PROPERTY RIGHTS.
Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``suspects'' and inserting ``has a reasonable
suspicion'';
(B) in paragraph (1)--
(i) by inserting ``, packing materials,
containers,'' after ``its packaging'' the first
place it appears;
(ii) by striking ``and its packaging and
labels'' after ``images of the merchandise''
and inserting ``, its packaging, packing
materials, containers, and labels''; and
(iii) by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (2), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) may provide to the person nonpublic information about
the merchandise that was generated by an online marketplace or
other similar market platform, express consignment operator,
freight forwarder, or any other entity that plays a role in the
sale or importation of merchandise, or the facilitation
thereof, into the United States that has been provided to,
shared with, or obtained by U.S. Customs and Border Protection;
and
``(4) in the case of the provision of nonpublic information
described in paragraph (3), shall provide to the person
notification of the information transmitted, in accordance with
such regulations as the Secretary may prescribe.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) any other party with an interest in the merchandise, as
determined appropriate by the Commissioner.''.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 4930, a bill to expand the sharing of information with
respect to suspected violations of intellectual property rights
in trade, as ordered reported by the Committee on Ways and
Means on December 10, 2025, would provide explicit authority
for U.S. Customs and Border Protection (CBP) to share all
relevant information with companies, carriers, and platforms
when a shipment in question contains suspected counterfeit or
pirated products. The bill also broadens the range of parties
with whom CBP can disclose such information, including shipping
companies and e-commerce sites where the product in question
may be sold.
B. Background and Need for Legislation
CBP currently lacks explicit authority to share important
information with trusted stakeholders that could be used to
confirm whether imports violate American intellectual property
(IP) laws. This legislation would allow CBP, if it has a
reasonable suspicion that an import violates American IP laws,
to share key information with a broader set of relevant
stakeholders, facilitating more effective enforcement and
increased coordination with the private sector to prevent
imports of counterfeit and pirated products.
C. Legislative History
Background
H.R. 4930 was introduced on August 8, 2025, and was
referred to the Committee on Ways and Means.
Committee Hearings
The Committee on Ways and Means held the following
hearing(s) concerning the policy in H.R. 4930:
On February 25, 2025, the Committee on Ways and Means
Subcommittee on Trade held a hearing titled, ``American Trade
Enforcement Priorities''.
Committee Action
The Committee on Ways and Means marked up H.R. 4930, the
bill to expand the sharing of information with respect to
suspected violations of intellectual property rights in trade,
on December 10, 2025, and favorably reported the bill, as
amended, to the House of Representatives (with quorum being
present).
D. Designated Hearing
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop and consider H.R. 4930:
On February 25, 2025, the Committee on Ways and Means
Subcommittee on Trade held a hearing titled, ``American Trade
Enforcement Priorities,'' which, in relevant part, discussed
issues concerning enforcement against pirated and counterfeit
imports and enforcement of intellectual property rights.
II. EXPLANATION OF THE BILL
A. Reasons for Change
Under current law, CBP is only allowed to provide limited
information about shipments suspected to violate American IP
laws. CBP also lacks the certainty it needs to share
appropriate information with trusted stakeholders about such
imports, undermining CBP's ability to enforce American IP laws
B. Explanation of Provisions
Section 1. Sharing of Information With Respect to Suspected Violations
of Intellectual Property Rights
The bill amends Section 628A of the Tariff Act of 1930 (19
U.S.C. Sec. 1628a) to allow better cooperation between CBP and
private stakeholders with an interest in the imported goods
suspected to violate American IP laws and to improve CBP's
enforcement of those laws. The bill amends subsection (a) of 19
U.S.C. Sec. 1628a to provide explicit authority for CBP to seek
assistance from relevant IP rights holders and stakeholders if
CBP ``has a reasonable suspicion'' that merchandise presented
for entry into the United States violates U.S. trademark and/or
copyright laws.
The bill also amends 19 U.S.C. Sec. 1628a by expanding the
scope of information CBP is authorized to share with IP rights
holders and other interested parties. The expanded scope
includes images of the merchandise, its packaging, packing
materials, containers, and labels. In addition, the bill
authorizes CBP to share information about the merchandise that
was generated by an online marketplace or other similar market
platform, express consignment operator, freight forwarder, or
any other entity that plays a role in the sale, importation, or
facilitation of the merchandise. The bill clarifies that, with
respect to the sharing of nonpublic information to third
parties, CBP shall provide notification to the rights holder of
the information transmitted in accordance with regulations as
CBP may prescribe.
Finally, the bill expands the definition of ``person
described'' in subsection (b) of 19 U.S.C. Sec. 1628a, to allow
information to be shared with any party not explicitly defined
who has an interest in the merchandise, as determined
appropriate by CBP.
C. Effective Date
The bill would become effective upon enactment.
III. VOTES OF THE COMMITTEE
In compliance with the Rules of the House of
Representatives, the following statement is made concerning the
vote of the Committee on Ways and Means during the markup
consideration of H.R. 4930, ``To expand the sharing of
information with respect to suspected violations of
intellectual property rights in trade,'' on December 10, 2025.
H.R. 4930 was ordered favorably reported to the House of
Representatives as amended by a roll call vote of 40 yeas to 0
nays (with a quorum being present). The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO)..................... X ...... ......... Mr. Neal............. X ...... .........
Mr. Buchanan....................... X ...... ......... Mr. Doggett.......... X ...... .........
Mr. Smith (NE)..................... X ...... ......... Mr. Thompson......... X ...... .........
Mr. Kelly.......................... X ...... ......... Mr. Larson........... X ...... .........
Mr. Schweikert..................... X ...... ......... Mr. Davis............ X ...... .........
Mr. LaHood......................... X ...... ......... Ms. Sanchez.......... ...... ...... .........
Mr. Arrington...................... X ...... ......... Ms. Sewell........... X ...... .........
Mr. Estes.......................... X ...... ......... Ms. DelBene.......... X ...... .........
Mr. Smucker........................ ...... ...... ......... Ms. Chu.............. X ...... .........
Mr. Hern........................... X ...... ......... Ms. Moore (WI)....... X ...... .........
Mrs. Miller (WV)................... X ...... ......... Mr. Boyle............ X ...... .........
Dr. Murphy......................... X ...... ......... Mr. Beyer............ X ...... .........
Mr. Kustoff........................ X ...... ......... Mr. Evans............ ...... ...... .........
Mr. Fitzpatrick.................... X ...... ......... Mr. Schneider........ X ...... .........
Mr. Steube......................... X ...... ......... Mr. Panetta.......... X ...... .........
Ms. Tenney......................... X ...... ......... Mr. Gomez............ X ...... .........
Mrs. Fischbach..................... X ...... ......... Mr. Horsford......... ...... ...... .........
Mr. Moore (UT)..................... X ...... ......... Ms. Plaskett......... X ...... .........
Ms. Van Duyne...................... X ...... ......... Mr. Suozzi........... X ...... .........
Mr. Feenstra....................... X ...... .........
Ms. Malliotakis.................... X ...... .........
Mr. Carey.......................... X ...... .........
Mr. Yakym.......................... X ...... .........
Mr. Miller (OH).................... ...... ...... .........
Mr. Bean........................... X ...... .........
Mr. Moran.......................... X ...... .........
----------------------------------------------------------------------------------------------------------------
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
With respect to clause 3(d) of rule XIII of the Rules of
the House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report.
B. Statement Regarding New Budget Authority and
Tax Expenditures Budget Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involved no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the
Congressional Budget Office
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Chairman of the
Committee shall cause such estimate and statement to be printed
in the Congressional Record upon its receipt by the Committee.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits,
and Limited Tariff Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
VI. CHANGES IN EXISTING LAW MADE BY THE BILL,
AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law by the
bill, as reported, are shown as follows.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TARIFF ACT OF 1930
* * * * * * *
TITLE IV--ADMINISTRATIVE PROVISIONS
* * * * * * *
Part V--Enforcement Provisions
* * * * * * *
SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.
(a) In General.--Subject to subsections (c) and (d), if the
Commissioner of U.S. Customs and Border Protection [suspects]
has a reasonable suspicion that merchandise is being imported
into the United States in violation of section 526 of this Act
or section 602, 1201(a)(2), or 1201(b)(1) of title 17, United
States Code, and determines that the examination or testing of
the merchandise by a person described in subsection (b) would
assist the Commissioner in determining if the merchandise is
being imported in violation of that section, the Commissioner,
to permit the person to conduct the examination and testing--
(1) shall provide to the person information that
appears on the merchandise and its packaging, packing
materials, containers, and labels, including unredacted
images of the merchandise [and its packaging and
labels], its packaging, packing materials, containers,
and labels [; and];
(2) may, subject to any applicable bonding
requirements, provide to the person unredacted samples
of the merchandise[.];
(3) may provide to the person nonpublic information
about the merchandise that was generated by an online
marketplace or other similar market platform, express
consignment operator, freight forwarder, or any other
entity that plays a role in the sale or importation of
merchandise, or the facilitation thereof, into the
United States that has been provided to, shared with,
or obtained by U.S. Customs and Border Protection; and
(4) in the case of the provision of nonpublic
information described in paragraph (3), shall provide
to the person notification of the information
transmitted, in accordance with such regulations as the
Secretary may prescribe.
(b) Person Described.--A person described in this subsection
is--
(1) in the case of merchandise suspected of being
imported in violation of section 526, the owner of the
trademark suspected of being copied or simulated by the
merchandise;
(2) in the case of merchandise suspected of being
imported in violation of section 602 of title 17,
United States Code, the owner of the copyright
suspected of being infringed by the merchandise;
(3) in the case of merchandise suspected of being
primarily designed or produced for the purpose of
circumventing a technological measure that effectively
controls access to a work protected under that title,
and being imported in violation of section 1201(a)(2)
of that title, the owner of a copyright in the work[;
and];
(4) in the case of merchandise suspected of being
primarily designed or produced for the purpose of
circumventing protection afforded by a technological
measure that effectively protects a right of an owner
of a copyright in a work or a portion of a work, and
being imported in violation of section 1201(b)(1) of
that title, the owner of the copyright[.]; and
(5) any other party with an interest in the
merchandise, as determined appropriate by the
Commissioner.
(c) Limitation.--Subsection (a) applies only with respect to
merchandise suspected of infringing a trademark or copyright
that is recorded with U.S. Customs and Border Protection.
(d) Exception.--The Commissioner may not provide under
subsection (a) information, photographs, or samples to a person
described in subsection (b) if providing such information,
photographs, or samples would compromise an ongoing law
enforcement investigation or national security.
* * * * * * *
[all]