In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Assurance in Drug Testing 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drug abuse in the workplace is a serious national 
        problem, and
            (2) drug testing can be an effective deterrent to drug 
        abuse when administered in a manner that provides for quality 
        assurance.

SEC. 3. QUALITY ASSURANCE IN DRUG TESTING.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

            ``TITLE XXVII--QUALITY ASSURANCE IN DRUG TESTING

``SEC. 2701. LABORATORY CERTIFICATION STANDARDS.

    ``(a) Prohibition.--No individual may perform a toxicological 
analysis in connection with any drug testing program that is subject to 
this title unless such analysis is conducted in a laboratory certified 
under subsection (b).
    ``(b) Certification.--Not later than 1 year after the date of 
enactment of this title, the Secretary shall establish a program for 
certifying laboratories that meet standards for performing--
            ``(1) drug screening tests,
            ``(2) drug confirmatory tests, and
            ``(3) both drug screening and confirmatory tests.
    ``(c) Criteria.--In establishing standards for certification under 
subsection (b), the Secretary shall use criteria that will maximize the 
predictive value of the testing scheme and that take into consideration 
the practices, procedures, and experience of drug testing programs 
which the Secretary determines are conducted in accordance with 
appropriate standards and procedures.
    ``(d) Periodic Review.--At least once each year, the Secretary 
shall review, and where appropriate revise, the certification criteria 
established under subsection (b), taking into consideration the 
relevant scientific technical advances in the area of drug testing and 
revisions needed to reflect employer zero-drug tolerance practices.

``SEC. 2702. ANTI-DRUG ABUSE POLICY.

    ``(a) Written Policy.--As a condition of implementing or 
maintaining a drug testing program, an employer shall establish a 
written anti-drug abuse policy that shall contain, at a minimum, an 
explanation concerning the--
            ``(1) circumstances under which a drug test will be 
        administered, the procedures for notifying an employee of a 
        confirmed positive result, and a statement the policy will be 
        administered in a consistent and nondiscriminatory manner 
        without regard to whether the employee is employed in a 
        management or hourly capacity,
            ``(2) safeguards established for protecting the privacy of 
        individuals who are subject to testing, including chain custody 
        procedures and the limitations on disclosure of the results of 
        drug tests,
            ``(3) availability of any drug abuse treatment program,
            ``(4) penalties that may be imposed for a violation of the 
        anti-drug policy of the employer, and
            ``(5) procedures under which an applicant or employee shall 
        be given a reasonable opportunity to explain a confirmed 
        positive test result.
    ``(b) Notice.--An employer shall make a reasonable effort to 
provide notice of the written anti-drug abuse policy to applicants and 
employees subject to testing using whatever methods the employer 
determines to be appropriate.

``SEC. 2703. DRUG-FREE AWARENESS PROGRAM.

    ``In order for an employer to be permitted to implement or maintain 
a drug testing program, such employer shall establish, as part of such 
drug testing program, a drug-free awareness program designed to inform 
its employees concerning--
            ``(1) the dangers of drug abuse, both inside and outside of 
        the workplace,
            ``(2) the policy of the employer of maintaining a drug-free 
        workplace,
            ``(3) information as to the existence and availability of 
        counseling, employee assistance, rehabilitation, and other drug 
        abuse treatment programs of which the employer is aware, and
            ``(4) the penalties that may be imposed on applicants and 
        employees who test positive for the use of a drug, and for the 
        manufacture, distribution, dispensation, possession, or use of 
        a drug in the workplace of the employer.

``SEC. 2704. STANDARDS FOR DRUG TESTING.

    ``(a) Applicants.--Nothing in this title shall be construed to 
prohibit an employer from requiring, as a condition of employment, that 
an applicant submit to and pass a drug test based on criteria 
established by the employer that is designed to achieve a drug-free 
workplace. Refusal by an applicant to submit to such a test may be 
treated in the same manner as a failure to pass a drug test.
    ``(b) Employees.--Nothing in this title shall be construed to 
prohibit an employer from requiring an employee to submit to and pass a 
drug test--
            ``(1) where the employer has reasonable suspicion to 
        believe that the employee is using or under the influence of a 
        drug,
            ``(2) where such test is administered as part of a 
        scheduled medical examination,
            ``(3) in the case of an accident or incident involving the 
        actual or potential loss of human life, serious bodily injury, 
        or significant property damage,
            ``(4) during and for a reasonable period of time (not to 
        exceed 5 years) after the completion of a drug abuse treatment 
        program, or
            ``(5) in the case of sensitive employee positions, work 
        units, locations, or facilities where drug abuse has been 
        identified as a problem, on a random basis.
    ``(c) Definition.--As used in this title, the term `random' means 
the selection of individuals for testing based on a nondiscriminatory 
impartial methods so that no employee is harassed or treated 
differently from other employees in similar circumstances.

``SEC. 2505. EMPLOYEE PROTECTIONS.

    ``(a) Prohibitions.--In the case of an applicant or employee, it 
shall be a violation of this title--
            ``(1) for an employer to fail to make reasonable efforts to 
        inform the applicant or employee as to the drug testing policy 
        of the employee,
            ``(2) for an employer to take any adverse action based on 
        the unconfirmed positive results of a drug test, except as 
        provided in subsection (c),
            ``(3) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to be informed of a confirmed positive 
        drug test result, and
            ``(4) for an employer, on the request of an applicant or 
        employee, to fail to provide such applicant or employee with a 
        reasonable opportunity to explain the results of a confirmed 
        positive test result.
    ``(b) Antiretaliation Prohibition.--It shall be a violation of this 
title for an employer to take retaliatory action against an employee 
because of the exercise by the employee of any right granted or 
protected under this title.
    ``(c) Exception for Sensitive Employees.--Pending the receipt of 
the results of a confirmatory drug test, an employer may transfer or 
reassign an employee in a sensitive position to another area or 
position without any loss in compensation to such employee if the 
initial drug test result is positive. If a confirmatory test of such 
employee is negative, such employee shall be entitled to immediate 
reinstatement to the position from which such employee has been 
transferred or reassigned.

``SEC. 2706. CONFIDENTIALITY.

    ``(a) In General.--An individual, other than the applicant or 
employee who is the subject of a drug test, shall not disclose 
information obtained as a result of a drug test, except as provided in 
subsection (b).
    ``(b) Permitted Disclosures.--An employer, or individual conducting 
a drug test on behalf of an employer, may disclose information acquired 
from a drug test only to--
            ``(1) the applicant or employee taking such drug test or 
        any other individual specifically designated in writing by such 
        applicant or employee taking such drug test,
            ``(2) the employer, including the designated representative 
        of such employer, that requested such test,
            ``(3) any court, governmental agency, arbitrator, or 
        mediator, in accordance with Federal or State law, and
            ``(4) appropriate drug abuse treatment providers.

``SEC. 2707. EMPLOYER PRACTICES.

    ``(a) Safe Workplace.--Nothing in this title shall be construed to 
prohibit an employer from taking action necessary to ensure a safe 
workplace.
    ``(b) Drug-Free Workplace.--Nothing in this title shall be 
construed to prohibit an employer from taking action necessary, up to 
and including termination, in the case of applicant or employee--
            ``(1) whose drug test result is confirmed positive,
            ``(2) who refuses to take a drug test authorized under this 
        title, or
            ``(3) who tampers with or adulterates a drug testing 
        specimen.
    ``(c) Participation in Drug Abuse Treatment Program.--Nothing in 
this title shall be construed to prohibit an employer from requiring an 
employee to participate in, and satisfactorily complete, a drug 
treatment program as a condition of continued employment where the 
employee has tested confirmed positive for drugs, has refused to submit 
to a drug test, or has tampered with or adulterated a drug test 
specimen.
    ``(d) Sensitive Position.--Nothing in this title shall be construed 
to prohibit an employer from refusing to place an employee in, or 
reinstate such employee, to a sensitive position if such employee has 
tested confirmed positive for drug use.

``SEC. 2708. DRUG ABUSE TREATMENT PROGRAMS.

    ``As part of the drug-free awareness program established pursuant 
to section 2703, employers shall provide information to employees 
concerning the existence and availability of public and private drug 
counseling, employee assistance, rehabilitation, and other drug abuse 
treatment programs of which the employer is aware.

``SEC. 2709. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this title, 
the Secretary shall--
            ``(1) establish a program for the certification of 
        laboratories for the performance of toxicological urinalysis 
        conducted for drug testing programs as described in this title, 
        and
            ``(2) issue such other rules and regulations as may be 
        necessary or appropriate to carry out this title.

``SEC. 2710. ENFORCEMENT AND RELIEF.

    ``(a) Laboratory Certification Standards.--The certification 
program established pursuant to section 2701(b) shall be enforced in 
accordance with the procedures and sanctions contained in subsections 
(g), (h), (i), (j), (k), and (l) of section 353.
    ``(b) Employee Complaints Charging Unlawful Discharge or 
Discrimination; Investigation Order.--
            ``(1) Complaint.--An employee who believes that such 
        employee has been charged or otherwise discriminated against by 
        an employer in violation of this title may, not later than 30 
        days after such action occurs, file (or have any individual 
        file on behalf of such employee) a complaint with the Secretary 
        of Labor (hereinafter referred to in this subsection as the 
        `Secretary') alleging that such discharge or discrimination 
        violates this title. On receipt of such complaint, the 
        Secretary shall notify the individual named in the complaint of 
        such filing.
            ``(2) Investigation and order.--
                    ``(A) Investigation.--On receipt of a complaint 
                filed under paragraph (1), the Secretary shall conduct 
                an investigation of the violation alleged in such 
                complaint. Not later than 30 days after the receipt of 
                such complaint, the Secretary shall complete such 
                investigation and shall notify in writing the employer 
                (and any individual acting on behalf of the employer) 
                as to the results of such investigation.
                    ``(B) Order.--Not later than 30 days after the 
                completion of such investigation, the Secretary shall, 
                unless the proceeding on the complaint is terminated by 
                the Secretary on the basis of a settlement entered into 
                by the Secretary and the employer alleged to have 
                committed such violation, issue an order either 
                providing the relief prescribed in this section or 
                denying the complaint. An order of the Secretary issued 
                under this subparagraph shall be made on the record 
                after notice and opportunity for public hearing.
            ``(3) Relief.--If, in response to a complaint filed under 
        paragraph (1), the Secretary determines that a violation of 
        this title has occurred, the Secretary shall order the employer 
        who committed such violation to provide such suitable relief as 
        the Secretary determines appropriate, including reinstatement, 
        promotion, and the payment of lost wages and benefits.
            ``(4) Review or order.--An employee or employer adversely 
        affected or aggrieved by an order issued under paragraph (2) 
        may obtain review of such order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred. The petition 
        for review shall be filed not later than 60 days after the 
        issuance of the order of the Secretary under paragraph (2). 
        Review by the Court of Appeals shall conform to chapter 7 of 
        Title 5, United States Code.
            ``(5) Failure to comply.--If an employee or employer fails 
        to comply with an order issued under paragraph (2), the 
        Secretary may file a civil action in the United States court 
        for the district in which the violation was found to occur to 
        enforce such order. Such court, in issuing any final order 
        under this subsection, may award the costs of litigation 
        (including reasonable attorney and expert witness fees) to the 
        prevailing party.
    ``(c) Affirmative Defense.--The good faith compliance of an 
employer with the standards and procedures established under this title 
shall constitute an affirmative defense against any complaint filed 
under subsection (b).
    ``(d) Construction.--Nothing in this title shall be construed to 
require an employer to establish a drug testing program for applicants 
or employees or make employment decisions based on such test results.

``SEC. 2711. EFFECT ON OTHER LAWS.

    ``(a) State Law.--This title shall preempt any State or local law, 
rule, regulation, order or standard that applies to the drug testing of 
an applicant or employee, or that relates to any matter addressed under 
this title. No State or local government shall adopt or enforce any 
law, rule, regulation, ordinance, standard or order relating to--
            ``(1) the certification of laboratories that perform drug 
        testing analysis with respect to such analysis,
            ``(2) requirements for the conduct of drug testing under 
        the certification program established under this title,
            ``(3) the conducting of employee or applicant drug testing 
        programs, or
            ``(4) any other matter relating to this title.
    ``(b) Other Federal Laws.--Nothing in this title shall be construed 
to prohibit the Secretary of Transportation or the Nuclear Regulatory 
Commission from issuing regulations with respect to drug and alcohol 
testing.

``SEC. 2712. EFFECTIVE DATE.

    ``This title shall become effective 2 years after the date of 
enactment of this title, except that the prohibition contained in 
section 2701(a) shall not take effect less than 1 year after 
establishment of the certification program required under section 
2701(b).

``SEC. 2713. DEFINITIONS.

    ``As used in this title:
            ``(1) Applicant.--The term `applicant' means any individual 
        who has submitted an application to an employer, whether 
        written or oral, for employment with such employer.
            ``(2) Drug.--The term `drug' means any controlled substance 
        listed in Scheduled I through V of section 202 of the 
        Controlled Substances Act (21 U.S.C. 812), alcohol, steroids, 
        and any other drug or medication that can interfere with 
        employment performance.
            ``(3) Drug abuse treatment program.--The term `drug abuse 
        treatment program' means a program, such as an employee 
        assistance program, designed to assist an individual in dealing 
        with problems caused by drug abuse.
            ``(4) Drug test.--The term `drug test' means any test 
        procedure used to take and analyze blood, breath, hair, urine 
        or other body fluids or materials for the purpose of detecting 
        the presence or absence of a drug or its metabolites.
            ``(5) Employee.--The term `employee' means an individual 
        employed by an employer.
    ``(f) Employer.--The term `employer' means an individual, 
partnership, corporation, association, or other entity (including the 
Federal Government), that employs one or more employees, and that is 
engaged in an industry affecting commerce.
    ``(g) Sensitive Employee.--The term `sensitive employee' means an 
individual employed in a position whose duties, as defined by the 
employer, involve responsibilities affecting such matters as national 
security, health, or safety, environment, or other responsibilities 
requiring a high degree of trust and confidence.

``SEC. 2714. PROFESSIONAL ATHLETES.

    ``For purposes of this title, professional athletes may be treated 
in the same manner as employees who meet the definition of section 
2714(g), except that professional athletes shall not be covered by 
section 2706(a).''.
Quality Assurance in Drug Testing Act - Amends the Public Health Service Act to prohibit performing toxicological analysis in connection with a drug testing program unless the laboratory performing the analysis is certified under this Act.  Directs the Secretary of Health and Human Services to establish a program for certifying laboratories for performing drug tests. 
Requires an employer, as a condition of maintaining a drug testing program, to establish a written anti-drug abuse policy and a drug-free awareness program. 
Declares that nothing in this Act prohibits an employer from requiring a drug test of applicants and, in certain circumstances, employees. 
Sets forth certain employee protections. 
Declares that nothing in this Act prohibits an employer from taking action necessary, including termination, in certain circumstances. 
Sets forth procedures for employee complaints of unlawful discharge or discrimination.

SECTION 1. JUDICIAL STRUCTURE OF GUAM.

    (a) Judicial Authority; Courts.--Section 22(a) of the Organic Act 
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
    ``(a)(1) The judicial authority of Guam shall be vested in a court 
established by Congress designated as the `District Court of Guam', and 
a judicial branch of Guam which branch shall constitute a unified 
judicial system and include an appellate court designated as the 
`Supreme Court of Guam', a trial court designated as the `Superior 
Court of Guam', and such other lower local courts as may have been or 
shall hereafter be established by the laws of Guam.
    ``(2) The Supreme Court of Guam may, by rules of such court, create 
divisions of the Superior Court of Guam and other local courts of Guam.
    ``(3) The courts of record for Guam shall be the District Court of 
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the 
Traffic and Small Claims divisions of the Superior Court of Guam) and 
any other local courts or divisions of local courts that the Supreme 
Court of Guam shall designate.''.
    (b) Jurisdiction and Powers of Local Courts.--Section 22A of the 
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
    ``Sec. 22A. (a) The Supreme Court of Guam shall be the highest 
court of the judicial branch of Guam (excluding the District Court of 
Guam) and shall--
            ``(1) have original jurisdiction over proceedings necessary 
        to protect its appellate jurisdiction and supervisory authority 
        and such other original jurisdiction as the laws of Guam may 
        provide;
            ``(2) have jurisdiction to hear appeals over any cause in 
        Guam decided by the Superior Court of Guam or other courts 
        established under the laws of Guam;
            ``(3) have jurisdiction to issue all orders and writs in 
        aid of its appellate, supervisory, and original jurisdiction, 
        including those orders necessary for the supervision of the 
        judicial branch of Guam;
            ``(4) have supervisory jurisdiction over the Superior Court 
        of Guam and all other courts of the judicial branch of Guam;
            ``(5) hear and determine appeals by a panel of three of the 
        justices of the Supreme Court of Guam and a concurrence of two 
        such justices shall be necessary to a decision of the Supreme 
        Court of Guam on the merits of an appeal;
            ``(6) make and promulgate rules governing the 
        administration of the judiciary and the practice and procedure 
        in the courts of the judicial branch of Guam, including 
        procedures for the determination of an appeal en banc; and
            ``(7) govern attorney and judicial ethics and the practice 
        of law in Guam, including admission to practice law and the 
        conduct and discipline of persons admitted to practice law.
    ``(b) The Chief Justice of the Supreme Court of Guam--
            ``(1) shall preside over the Supreme Court unless 
        disqualified or unable to act;
            ``(2) shall be the administrative head of, and have general 
        supervisory power over, all departments, divisions, and other 
        instrumentalities of the judicial branch of Guam; and
            ``(3) may issue such administrative orders on behalf of the 
        Supreme Court of Guam as necessary for the efficient 
        administration of the judicial branch of Guam.
    ``(c) The Chief Justice of the Supreme Court of Guam, or a justice 
sitting in place of such Chief Justice, may make any appropriate order 
with respect to--
            ``(1) an appeal prior to the hearing and determination of 
        that appeal on the merits; or
            ``(2) dismissal of an appeal for lack of jurisdiction or 
        failure to take or prosecute the appeal in accordance with 
        applicable laws or rules of procedure.
    ``(d) Except as granted to the Supreme Court of Guam or otherwise 
provided by this Act or any other Act of Congress, the Superior Court 
of Guam and all other local courts established by the laws of Guam 
shall have such original and appellate jurisdiction over all causes in 
Guam as the laws of Guam provide, except that such jurisdiction shall 
be subject to the exclusive or concurrent jurisdiction conferred on the 
District Court of Guam under section 22 of this Act.
    ``(e) The qualifications and duties of the justices and judges of 
the Supreme Court of Guam, the Superior Court of Guam, and all other 
local courts established by the laws of Guam shall be governed by the 
laws of Guam and the rules of such courts.''.
    (c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of 
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as 
the Supreme Court of Guam,'' after ``appellate court authorized by 
section 22A(a) of this Act,''.
    (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d)) 
is amended--
            (A) by inserting ``, which is known as the Supreme Court of 
        Guam,'' after ``appellate court provided for in section 22A(a) 
        of this Act''; and
            (B) by striking ``taken to the appellate court'' and 
        inserting ``taken to such appellate court''.

SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

    Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is 
amended by striking ``: Provided, That'' and all that follows through 
the end and inserting a period.
Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam.

Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).

SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS.

    (a) Short Title; Findings.--
        (1) Short title.--This section may be cited as the ``Stop 
    Counterfeiting in Manufactured Goods Act''.
        (2) Findings.--The Congress finds that--
            (A) the United States economy is losing millions of dollars 
        in tax revenue and tens of thousands of jobs because of the 
        manufacture, distribution, and sale of counterfeit goods;
            (B) the Bureau of Customs and Border Protection estimates 
        that counterfeiting costs the United States $200 billion 
        annually;
            (C) counterfeit automobile parts, including brake pads, 
        cost the auto industry alone billions of dollars in lost sales 
        each year;
            (D) counterfeit products have invaded numerous industries, 
        including those producing auto parts, electrical appliances, 
        medicines, tools, toys, office equipment, clothing, and many 
        other products;
            (E) ties have been established between counterfeiting and 
        terrorist organizations that use the sale of counterfeit goods 
        to raise and launder money;
            (F) ongoing counterfeiting of manufactured goods poses a 
        widespread threat to public health and safety; and
            (G) strong domestic criminal remedies against 
        counterfeiting will permit the United States to seek stronger 
        anticounterfeiting provisions in bilateral and international 
        agreements with trading partners.
    (b) Trafficking in Counterfeit Marks.--Section 2320 of title 18, 
United States Code, is amended as follows:
        (1) Subsection (a) is amended by inserting after ``such goods 
    or services'' the following: ``, or intentionally traffics or 
    attempts to traffic in labels, patches, stickers, wrappers, badges, 
    emblems, medallions, charms, boxes, containers, cans, cases, 
    hangtags, documentation, or packaging of any type or nature, 
    knowing that a counterfeit mark has been applied thereto, the use 
    of which is likely to cause confusion, to cause mistake, or to 
    deceive,''.
        (2) Subsection (b) is amended to read as follows:
    ``(b)(1) The following property shall be subject to forfeiture to 
the United States and no property right shall exist in such property:
        ``(A) Any article bearing or consisting of a counterfeit mark 
    used in committing a violation of subsection (a).
        ``(B) Any property used, in any manner or part, to commit or to 
    facilitate the commission of a violation of subsection (a).
    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeitures, including section 983 of this title, shall extend to any 
seizure or civil forfeiture under this section. At the conclusion of 
the forfeiture proceedings, the court, unless otherwise requested by an 
agency of the United States, shall order that any forfeited article 
bearing or consisting of a counterfeit mark be destroyed or otherwise 
disposed of according to law.
    ``(3)(A) The court, in imposing sentence on a person convicted of 
an offense under this section, shall order, in addition to any other 
sentence imposed, that the person forfeit to the United States--
        ``(i) any property constituting or derived from any proceeds 
    the person obtained, directly or indirectly, as the result of the 
    offense;
        ``(ii) any of the person's property used, or intended to be 
    used, in any manner or part, to commit, facilitate, aid, or abet 
    the commission of the offense; and
        ``(iii) any article that bears or consists of a counterfeit 
    mark used in committing the offense.
    ``(B) The forfeiture of property under subparagraph (A), including 
any seizure and disposition of the property and any related judicial or 
administrative proceeding, shall be governed by the procedures set 
forth in section 413 of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that 
section. Notwithstanding section 413(h) of that Act, at the conclusion 
of the forfeiture proceedings, the court shall order that any forfeited 
article or component of an article bearing or consisting of a 
counterfeit mark be destroyed.
    ``(4) When a person is convicted of an offense under this section, 
the court, pursuant to sections 3556, 3663A, and 3664, shall order the 
person to pay restitution to the owner of the mark and any other victim 
of the offense as an offense against property referred to in section 
3663A(c)(1)(A)(ii).
    ``(5) The term `victim', as used in paragraph (4), has the meaning 
given that term in section 3663A(a)(2).''.
        (3) Subsection (e)(1) is amended--
            (A) by striking subparagraph (A) and inserting the 
        following:
            ``(A) a spurious mark--
                ``(i) that is used in connection with trafficking in 
            any goods, services, labels, patches, stickers, wrappers, 
            badges, emblems, medallions, charms, boxes, containers, 
            cans, cases, hangtags, documentation, or packaging of any 
            type or nature;
                ``(ii) that is identical with, or substantially 
            indistinguishable from, a mark registered on the principal 
            register in the United States Patent and Trademark Office 
            and in use, whether or not the defendant knew such mark was 
            so registered;
                ``(iii) that is applied to or used in connection with 
            the goods or services for which the mark is registered with 
            the United States Patent and Trademark Office, or is 
            applied to or consists of a label, patch, sticker, wrapper, 
            badge, emblem, medallion, charm, box, container, can, case, 
            hangtag, documentation, or packaging of any type or nature 
            that is designed, marketed, or otherwise intended to be 
            used on or in connection with the goods or services for 
            which the mark is registered in the United States Patent 
            and Trademark Office; and
                ``(iv) the use of which is likely to cause confusion, 
            to cause mistake, or to deceive; or''; and
            (B) by amending the matter following subparagraph (B) to 
        read as follows:
    ``but such term does not include any mark or designation used in 
    connection with goods or services, or a mark or designation applied 
    to labels, patches, stickers, wrappers, badges, emblems, 
    medallions, charms, boxes, containers, cans, cases, hangtags, 
    documentation, or packaging of any type or nature used in 
    connection with such goods or services, of which the manufacturer 
    or producer was, at the time of the manufacture or production in 
    question, authorized to use the mark or designation for the type of 
    goods or services so manufactured or produced, by the holder of the 
    right to use such mark or designation.''.
        (4) Section 2320 is further amended--
            (A) by redesignating subsection (f) as subsection (g); and
            (B) by inserting after subsection (e) the following:
    ``(f) Nothing in this section shall entitle the United States to 
bring a criminal cause of action under this section for the repackaging 
of genuine goods or services not intended to deceive or confuse.''.
    (c) Sentencing Guidelines.--
        (1) Review and amendment.--Not later than 180 days after the 
    date of enactment of this Act, the United States Sentencing 
    Commission, pursuant to its authority under section 994 of title 
    28, United States Code, and in accordance with this subsection, 
    shall review and, if appropriate, amend the Federal sentencing 
    guidelines and policy statements applicable to persons convicted of 
    any offense under section 2318 or 2320 of title 18, United States 
    Code.
        (2) Authorization.--The United States Sentencing Commission may 
    amend the Federal sentencing guidelines in accordance with the 
    procedures set forth in section 21(a) of the Sentencing Act of 1987 
    (28 U.S.C. 994 note) as though the authority under that section had 
    not expired.
        (3) Responsibilities of united states sentencing commission.--
    In carrying out this subsection, the United States Sentencing 
    Commission shall determine whether the definition of ``infringement 
    amount'' set forth in application note 2 of section 2B5.3 of the 
    Federal sentencing guidelines is adequate to address situations in 
    which the defendant has been convicted of one of the offenses 
    listed in paragraph (1) and the item in which the defendant 
    trafficked was not an infringing item but rather was intended to 
    facilitate infringement, such as an anti-circumvention device, or 
    the item in which the defendant trafficked was infringing and also 
    was intended to facilitate infringement in another good or service, 
    such as a counterfeit label, documentation, or packaging, taking 
    into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir. 
    1996).

SEC. 2. TRAFFICKING DEFINED.

    (a) Short Title.--This section may be cited as the ``Protecting 
American Goods and Services Act of 2005''.
    (b) Counterfeit Goods or Services.--Section 2320(e) of title 18, 
United States Code, is amended--
        (1) by striking paragraph (2) and inserting the following:
        ``(2) the term `traffic' means to transport, transfer, or 
    otherwise dispose of, to another, for purposes of commercial 
    advantage or private financial gain, or to make, import, export, 
    obtain control of, or possess, with intent to so transport, 
    transfer, or otherwise dispose of;'';
        (2) by redesignating paragraph (3) as paragraph (4); and
        (3) by inserting after paragraph (2) the following:
        ``(3) the term `financial gain' includes the receipt, or 
    expected receipt, of anything of value; and''.
    (c) Conforming Amendments.--
        (1) Sound recordings and music videos of live musical 
    performances.--Section 2319A(e) of title 18, United States Code, is 
    amended by striking paragraph (2) and inserting the following:
        ``(2) the term `traffic' has the same meaning as in section 
    2320(e) of this title.''.
        (2) Counterfeit labels for phonorecords, computer programs, 
    etc.--Section 2318(b) of title 18, United States Code, is amended 
    by striking paragraph (2) and inserting the following:
        ``(2) the term `traffic' has the same meaning as in section 
    2320(e) of this title;''.
        (3) Anti-bootlegging.--Section 1101 of title 17, United States 
    Code, is amended by striking subsection (b) and inserting the 
    following:
    ``(b) Definition.--In this section, the term `traffic' has the same 
meaning as in section 2320(e) of title 18.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.