[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1866 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1866

   To provide incentives for economic growth, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2011

 Mr. Coons (for himself and Mr. Rubio) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
   To provide incentives for economic growth, 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 ``American Growth, 
Recovery, Empowerment, and Entrepreneurship Act'' or the ``AGREE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--EXTENDING TAX RELIEF FOR SMALL BUSINESSES

Sec. 101. Extension of bonus depreciation; temporary 100 percent 
                            expensing for certain business assets.
Sec. 102. Extension of increased expensing limitations and treatment of 
                            certain real property as section 179 
                            property.
Sec. 103. Temporary exclusion of 100 percent of gain on certain small 
                            business stock.
       TITLE II--ENCOURAGING CUTTING-EDGE RESEARCH AND INNOVATION

Sec. 201. Extension of research credit; alternative simplified research 
                            credit increased and made permanent.
Sec. 202. Enhanced research credit for domestic manufacturers.
     TITLE III--PROVIDING COMMON-SENSE TAX INCENTIVES FOR VETERANS

Sec. 301. Veterans franchise fee credit.
Sec. 302. Publication of information by Department of Veterans Affairs 
                            and Small Business Administration.
            TITLE IV--REGULATORY RELIEF FOR SMALL COMPANIES

Sec. 401. Exemption from the internal control reporting and assessment 
                            requirements.
      TITLE V--REDUCING BARRIERS TO HIGH-SKILLED LEGAL IMMIGRATION

Sec. 501. Numerical limitation to any single foreign state.
 TITLE VI--PROTECTING AMERICAN BUSINESS AGAINST ILLEGAL COUNTERFEITING

Sec. 601. Preventing the importation of counterfeit products and 
                            infringing devices.

           TITLE I--EXTENDING TAX RELIEF FOR SMALL BUSINESSES

SEC. 101. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 PERCENT 
              EXPENSING FOR CERTAIN BUSINESS ASSETS.

    (a) In General.--Paragraph (2) of section 168(k) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``January 1, 2014'' in subparagraph (A)(iv) 
        and inserting ``January 1, 2016'', and
            (2) by striking ``January 1, 2013'' each place it appears 
        and inserting ``January 1, 2015''.
    (b) Temporary 100 Percent Expensing.--Paragraph (5) of section 
168(k) of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``2013'' and inserting ``2016'', and
            (2) by striking ``2012'' each place it appears in the text 
        and heading and inserting ``2015''.
    (c) Extension of Election To Accelerate the AMT Credit in Lieu of 
Bonus Depreciation.--
            (1) In general.--Subclause (II) of section 
        168(k)(4)(D)(iii) of the Internal Revenue Code of 1986 is 
        amended by striking ``2013'' and inserting ``2015''.
            (2) Round 3 extension property.--Paragraph (4) of section 
        168(k) of such Code is amended by adding at the end the 
        following new subparagraph:
                    ``(J) Special rules for round 3 extension 
                property.--
                            ``(i) In general.--In the case of round 3 
                        extension property, this paragraph shall be 
                        applied without regard to--
                                    ``(I) the limitation described in 
                                subparagraph (B)(i) thereof, and
                                    ``(II) the business credit increase 
                                amount under subparagraph (E)(iii) 
                                thereof.
                            ``(ii) Taxpayers previously electing 
                        acceleration.--In the case of a taxpayer who 
                        made the election under subparagraph (A) for 
                        its first taxable year ending after March 31, 
                        2008, a taxpayer who made the election under 
                        subparagraph (H)(ii) for its first taxable year 
                        ending after December 31, 2008, or a taxpayer 
                        who made the election under subparagraph 
                        (I)(iii) for its first taxable year ending 
                        after December 31, 2010--
                                    ``(I) the taxpayer may elect not to 
                                have this paragraph apply to round 3 
                                extension property, but
                                    ``(II) if the taxpayer does not 
                                make the election under subclause (I), 
                                in applying this paragraph to the 
                                taxpayer the bonus depreciation amount, 
                                maximum amount, and maximum increase 
                                amount shall be computed and applied to 
                                eligible qualified property which is 
                                round 3 extension property.
                        The amounts described in subclause (II) shall 
                        be computed separately from any amounts 
                        computed with respect to eligible qualified 
                        property which is not round 2 extension 
                        property.
                            ``(iii) Taxpayers not previously electing 
                        acceleration.--In the case of a taxpayer who 
                        neither made the election under subparagraph 
                        (A) for its first taxable year ending after 
                        March 31, 2008, nor made the election under 
                        subparagraph (H)(ii) for its first taxable year 
                        ending after December 31, 2008, nor made the 
                        election under subparagraph (I)(iii) for its 
                        first taxable year ending after December 31, 
                        2010--
                                    ``(I) the taxpayer may elect to 
                                have this paragraph apply to its first 
                                taxable year ending after December 31, 
                                2011, and each subsequent taxable year, 
                                and
                                    ``(II) if the taxpayer makes the 
                                election under subclause (I), this 
                                paragraph shall only apply to eligible 
                                qualified property which is round 3 
                                extension property.
                            ``(iv) Round 3 extension property.--For 
                        purposes of this subparagraph, the term `round 
                        3 extension property' means property which is 
                        eligible qualified property solely by reason of 
                        the extension of the application of the special 
                        allowance under paragraph (1) pursuant to the 
                        amendments made by section 101(a) of the 
                        American Growth, Recovery, Empowerment, and 
                        Entrepreneurship Act (and the application of 
                        such extension to this paragraph pursuant to 
                        the amendment made by section 101(c)(1) of such 
                        Act).''.
    (d) Conforming Amendments.--
            (1) The heading for subsection (k) of section 168 of the 
        Internal Revenue Code of 1986 is amended by striking ``January 
        1, 2013'' and inserting ``January 1, 2016''.
            (2) The heading for clause (ii) of section 168(k)(2)(B) of 
        such Code is amended by striking ``pre-january 1, 2013'' and 
        inserting ``pre-january 1, 2016''.
            (3) Paragraph (5) of section 168(l) of such Code is 
        amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (A),
                    (B) by redesignating subparagraph (C) as 
                subparagraph (B), and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) by substituting `January 1, 2013' for 
                `January 1, 2016' in clause (i) thereof, and''.
            (4) Subparagraph (C) of section 168(n)(2) of such Code is 
        amended by striking ``January 1, 2013'' and inserting ``January 
        1, 2016''.
            (5) Subparagraph (D) of section 1400L(b)(2) of such Code is 
        amended by striking ``January 1, 2013'' and inserting ``January 
        1, 2016''.
            (6) Subparagraph (B) of section 1400N(d)(3) of such Code is 
        amended by striking ``January 1, 2013'' and inserting ``January 
        1, 2016''.
    (e) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2011, in taxable 
years ending after such date.

SEC. 102. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF 
              CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.

    (a) In General.--Section 179(b) of the Internal Revenue Code of 
1986 is amended--
            (1) by striking ``2010 or 2011'' each place it appears in 
        paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, 2012, 
        2013, or 2014'',
            (2) by striking ``2012'' each place it appears in paragraph 
        (1)(C) and (2)(C) and inserting ``2015'', and
            (3) by striking ``2012'' each place it appears in paragraph 
        (1)(D) and (2)(D) and inserting ``2015''.
    (b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) of 
the Internal Revenue Code of 1986 is amended by striking ``2012'' and 
inserting ``2015''.
    (c) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal 
Revenue Code of 1986 is amended by striking ``2013'' and inserting 
``2016''.
    (d) Election.--Section 179(c)(2) of the Internal Revenue Code of 
1986 is amended by striking ``2013'' and inserting ``2016''.
    (e) Special Rules for Treatment of Qualified Real Property.--
Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by 
striking ``2010 or 2011'' and inserting ``2010, 2011, 2012, 2013, or 
2014''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2011.

SEC. 103. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL 
              BUSINESS STOCK.

    (a) In General.--Paragraph (4) of section 1202(a) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``January 1, 2012'' and inserting ``January 
        1, 2015'', and
            (2) by striking ``and 2011'' in the heading thereof and 
        inserting ``, 2011, 2012, 2013, and 2014''.
    (b) Effective Date.--The amendments made by this section shall 
apply to stock acquired after December 31, 2011.

       TITLE II--ENCOURAGING CUTTING-EDGE RESEARCH AND INNOVATION

SEC. 201. EXTENSION OF RESEARCH CREDIT; ALTERNATIVE SIMPLIFIED RESEARCH 
              CREDIT INCREASED AND MADE PERMANENT.

    (a) Extension of Credit.--
            (1) In general.--Subparagraph (B) of section 41(h)(1) of 
        the Internal Revenue Code of 1986 is amended by striking 
        ``December 31, 2011'' and inserting ``December 31, 2012''.
            (2) Conforming amendment.--Subparagraph (D) of section 
        45C(b)(1) of such Code is amended by striking ``December 31, 
        2011'' and inserting ``December 31, 2012''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to amounts paid or incurred after December 31, 
        2011.
    (b) Alternative Simplified Research Credit Increased and Made 
Permanent.--
            (1) Increased credit.--Subparagraph (A) of section 41(c)(5) 
        of the Internal Revenue Code of 1986 is amended by striking 
        ``14 percent (12 percent in the case of taxable years ending 
        before January 1, 2009)'' and inserting ``20 percent''.
            (2) Credit made permanent.--
                    (A) In general.--Subsection (h) of section 41 of 
                such Code is amended by redesignating the paragraph (2) 
                relating to computation of taxable year in which credit 
                terminates as paragraph (4) and by inserting before 
                such paragraph the following new paragraph:
            ``(3) Termination not to apply to alternative simplified 
        credit.--Paragraph (1) shall not apply to the credit determined 
        under subsection (c)(5).''.
                    (B) Conforming amendment.--Paragraph (4) of section 
                41(h) of such Code, as redesignated by subparagraph 
                (A), is amended to read as follows:
            ``(4) Computation for taxable year in which credit 
        terminates.--In the case of any taxable year with respect to 
        which this section applies to a number of days which is less 
        than the total number of days in such taxable year, the amount 
        determined under subsection (c)(1)(B) with respect to such 
        taxable year shall be the amount which bears the same ratio to 
        such amount (determined without regard to this paragraph) as 
        the number of days in such taxable year to which this section 
        applies bears to the total number of days in such taxable 
        year.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after December 31, 2010.

SEC. 202. ENHANCED RESEARCH CREDIT FOR DOMESTIC MANUFACTURERS.

    (a) In General.--Section 41, as amended by section 201, of the 
Internal Revenue Code of 1986 is amended by redesignating subsection 
(h) as subsection (i) and by inserting after subsection (f) the 
following new subsection:
    ``(g) Enhanced Credit for Domestic Manufacturers.--
            ``(1) In general.--In the case of a qualified domestic 
        manufacturer, this section shall be applied by increasing the 
        20 percent amount in subsection (a)(1) by the bonus amount.
            ``(2) Qualified domestic manufacturer.--For purposes of 
        this subsection--
                    ``(A) In general.--The term `qualified domestic 
                manufacturer' means a taxpayer who has domestic 
                production gross receipts which are more than 50 
                percent of total production gross receipts.
                    ``(B) Domestic production gross receipts.--The term 
                `domestic production gross receipts' has the meaning 
                given to such term under section 199(c)(4).
                    ``(C) Total production gross receipts.--The term 
                `total production gross receipts' means the gross 
                receipts of the taxpayer which are described in section 
                199(c)(4), determined--
                            ``(i) without regard to whether property 
                        described in subparagraph (A)(i)(I) or 
                        (A)(i)(III) thereof was manufactured, produced, 
                        grown, or extracted in the United States,
                            ``(ii) by substituting `any property 
                        described in section 168(f)(3)' for `any 
                        qualified film' in subparagraph (A)(i)(II) 
                        thereof, and
                            ``(iii) without regard to whether any 
                        construction described in subparagraph (A)(ii) 
                        thereof or services described in subparagraph 
                        (A)(iii) thereof were performed in the United 
                        States.
            ``(3) Bonus amount.--For purposes of paragraph (1), the 
        bonus amount shall be determined as follows:


``If the percentage of total production  The bonus amount is:
 gross receipts which are domestic
 production gross receipts is:
  More than 50 percent and not more      2 percentage points
   than 60 percent.
  More than 60 percent and not more      4 percentage points
   than 70 percent.
  More than 70 percent and not more      6 percentage points
   than 80 percent.
  More than 80 percent and not more      8 percentage points
   than 90 percent.
  More than 90 percent.................  10 percentage points.''.
 

    (b) Effective Date.--The amendment made by this section shall apply 
to expenditures paid or incurred in taxable years beginning after 
December 31, 2011.

     TITLE III--PROVIDING COMMON-SENSE TAX INCENTIVES FOR VETERANS

SEC. 301. VETERANS FRANCHISE FEE CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45S. VETERANS FRANCHISE FEE CREDIT.

    ``(a) Veterans Franchise Fee Credit.--
            ``(1) In general.--For purposes of section 38, the veterans 
        franchise fee credit determined under this section for the 
        taxable year is an amount equal to 25 percent of the qualified 
        franchise fees paid or incurred by a veteran during the taxable 
        year.
            ``(2) Limitation.--The amount allowed as a credit under 
        paragraph (1) with respect to the purchase of any franchise 
        shall not exceed $100,000.
    ``(b) Reduction Where Franchise Not 100 Percent Veteran-Owned.--In 
the case of any franchise in which veterans do not own 100 percent of 
the stock or of the capital or profits interests of the franchise, the 
credit under subsection (a) shall be the credit amount determined under 
such subsection, multiplied by the same ratio as--
            ``(1) the stock or capital or profits interests of the 
        franchise held by veterans, bears
            ``(2) to the total stock or capital or profits interests of 
        the franchise.
For purposes of this subsection, the spouse of a veteran shall be 
treated as a veteran.
    ``(c) Qualified Franchise Fee.--For purposes of this section, the 
term `qualified franchise fee' means any one-time fee required by the 
franchisor when entering into a franchise agreement with a veteran as 
the franchisee.
    ``(d) Other Definitions.--For purposes of this section, the terms 
`franchise', `franchisee', `franchisor', and `franchise fee' have the 
meanings given such terms in part 436 of title 16, Code of Federal 
Regulations (as in effect on January 1, 2009).
    ``(e) Veteran.--The term `veteran' has the meaning given such term 
by section 101 of title 38, United States Code.
    ``(f) Election.--This section shall not apply to a taxpayer for any 
taxable year if such taxpayer elects to have this section not apply for 
such taxable year.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b) of 
the Internal Revenue Code of 1986 is amended by striking ``plus'' at 
the end of paragraph (35), by striking the period at the end of 
paragraph (36) and inserting ``, plus'', and by adding at the end the 
following new paragraph:
            ``(37) the veterans franchise fee credit determined under 
        section 45S(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new item:

``Sec. 45S. Veterans franchise fee credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after December 31, 2010.

SEC. 302. PUBLICATION OF INFORMATION BY DEPARTMENT OF VETERANS AFFAIRS 
              AND SMALL BUSINESS ADMINISTRATION.

    The Administrator of the Small Business Administration and the 
Secretary of Veterans Affairs shall publicize in mailings and brochures 
sent to veterans service organizations and veteran advocacy groups 
information regarding discounted franchise fees under section 45S of 
the Internal Revenue Code of 1986 and other information about the 
program established under amendments made by this Act.

            TITLE IV--REGULATORY RELIEF FOR SMALL COMPANIES

SEC. 401. EXEMPTION FROM THE INTERNAL CONTROL REPORTING AND ASSESSMENT 
              REQUIREMENTS.

    (a) In General.--Section 404 of the Sarbanes-Oxley Act of 2002 (15 
U.S.C. 7262) is amended by adding at the end the following:
    ``(d) Exemption.--Subsection (b) shall not apply to any issuer 
until the earlier of--
            ``(1) such time as the issuer has total revenues of 
        $250,000,000; and
            ``(2) the expiration of the 5-year period beginning on the 
        date of the initial public offering of that issuer.''.
    (b) Study and Report.--
            (1) Study.--The Securities and Exchange Commission shall 
        conduct a study--
                    (A) to determine how the Commission could reduce 
                the burden of complying with section 404(b) of the 
                Sarbanes-Oxley Act of 2002 for companies, the market 
                capitalization of which is between $250,000,000 and 
                $1,000,000,000 for the relevant reporting period while 
                maintaining investor protections for such companies; 
                and
                    (B) to assess the annual cost of compliance with 
                that section 404(b) for all companies whose market 
                capitalization is less than or equal to $1,000,000,000.
            (2) Report.--The Securities and Exchange Commission shall 
        submit a report to Congress on the results of the study 
        conducted under paragraph (1) not later than 9 months after the 
        date of enactment of this Act.

      TITLE V--REDUCING BARRIERS TO HIGH-SKILLED LEGAL IMMIGRATION

SEC. 501. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(3), by striking ``both subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available under section 
203(a) to natives of any single foreign state or dependent area will 
exceed the numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (to the extent practicable and 
otherwise consistent with this section and section 203) in a manner so 
that, except as provided in subsection (a)(4), the proportion of the 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2011, and shall apply to fiscal 
years beginning with fiscal year 2012.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to the succeeding paragraphs of 
        this subsection and notwithstanding title II of the Immigration 
        and Nationality Act (8 U.S.C. 1151 et seq.), the following 
        rules shall apply:
                    (A) For fiscal year 2012, 15 percent of the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2010 under such paragraphs.
                    (B) For fiscal year 2013, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2011 under such paragraphs.
                    (C) For fiscal year 2014, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2012 under such paragraphs.
            (2) Per-country levels.--
                    (A) Reserved visas.--With respect to the visas 
                reserved under each of subparagraphs (A) through (C) of 
                paragraph (1), the number of such visas made available 
                to natives of any single foreign state or dependent 
                area in the appropriate fiscal year may not exceed 25 
                percent (in the case of a single foreign state) or 2 
                percent (in the case of a dependent area) of the total 
                number of such visas.
                    (B) Unreserved visas.--With respect to the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) and not reserved under paragraph (1), for each 
                of fiscal years 2012, 2013, and 2014, not more than 85 
                percent shall be allotted to immigrants who are natives 
                of any single foreign state.
            (3) Special rule to prevent unused visas.--If, with respect 
        to fiscal year 2012, 2013, or 2014, the operation of paragraphs 
        (1) and (2) of this subsection would prevent the total number 
        of immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of such Act (8 U.S.C. 1153(b)) from being 
        issued, such visas may be issued during the remainder of such 
        fiscal year without regard to paragraphs (1) and (2) of this 
        subsection.
            (4) Rules for chargeability.--Section 202(b) of such Act (8 
        U.S.C. 1152(b)) shall apply in determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.

 TITLE VI--PROTECTING AMERICAN BUSINESS AGAINST ILLEGAL COUNTERFEITING

SEC. 601. PREVENTING THE IMPORTATION OF COUNTERFEIT PRODUCTS AND 
              INFRINGING DEVICES.

    Notwithstanding section 1905 of title 18, United States Code--
            (1) if United States Customs and Border Protection suspects 
        a product of being imported or exported in violation of section 
        42 of the Act entitled ``An Act to provide for the registration 
        and protection of trademarks used in commerce, to carry out the 
        provisions of certain international conventions, and for other 
        purposes'', approved July 5, 1946 (commonly referred to as the 
        ``Trademark Act of 1946'') (15 U.S.C. 1124), and subject to any 
        applicable bonding requirements, the Secretary of Homeland 
        Security is authorized to share information on, and unredacted 
        samples of, products and their packaging and labels, or photos 
        of such products, packaging and labels, with the rightholders 
        of the trademark suspected of being copied or simulated, for 
        purposes of determining whether the products are prohibited 
        from importation under that section; and
            (2) upon seizure of material by United States Customs and 
        Border Protection imported in violation of subsection (a)(2) or 
        subsection (b) of section 1201 of title 17, United States Code, 
        the Secretary of Homeland Security is authorized to share 
        information about, and provide samples to affected parties, 
        subject to any applicable bonding requirements, as to the 
        seizure of material designed to circumvent technological 
        measures or protection afforded by a technological measure that 
        controls access to or protects the owner's work protected by 
        copyright under such title.
                                 <all>