HR 4930 — To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.

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.

 * * * * * * *