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

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Fiscal Discipline and 
Safeguard Social Security Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) When Congress enacted the fiscal year 2002 budget 
        resolution, it did so based on the assurance that the 
        Government would balance the budget without relying on social 
        security surpluses for the remainder of the decade and beyond. 
        Congress was also assured that it would not have to act to 
        increase the statutory debt limit until 2008.
            (2) The Government is projected to run on-budget deficits 
        that will require it to spend the social security and medicare 
        trust fund surpluses for the rest of the decade, even before 
        additional spending for defense and homeland security is 
        counted, and after the economy recovers and returns to strong 
        growth.
            (3) The total debt is increasing because we have not kept 
        the commitment to save the social security and medicare trust 
        fund surpluses. The Secretary of the Treasury has formally 
        requested that Congress increase the statutory limit on the 
        public debt by $750 billion, from the current level of $5.95 
        trillion to $6.70 trillion. Congress will have to vote to raise 
        the debt limit because we have been borrowing those trust fund 
        surpluses to cover a deficit in the rest of the budget instead 
        of saving them.
            (4) A $750 billion increase in the debt limit would be the 
        second largest increase in history and is irresponsible in the 
        absence of a framework to protect taxpayers from even further 
        increases in the national debt.
            (5) Congress should authorize a limited increase in the 
        debt limit to prevent a financial default, but should also work 
        together with the President to develop a plan to restore fiscal 
        discipline before further increasing our debt.
            (6) Current law provides for enforcement of budget 
        resolutions:
                    (A) Legislation violating discretionary spending 
                totals set in a budget resolution or the suballocations 
                set by the Committee on Appropriations is subject to a 
                point of order under section 302(f) of the 
                Congressional Budget Act of 1974.
                    (B) Legislation reducing receipts below a budget 
                resolution's total is subject to a point of order under 
                section 311(a) of the Congressional Budget Act of 1974.
    (b) Purpose.--The purpose of this Act is--
            (1) to provide a responsible, measured increase in the debt 
        limit to ensure that the Government meets its current legal 
        obligations;
            (2) effective immediately thereafter, to limit strictly the 
        size of further increases in the debt limit until the enactment 
        of a plan to bring the budget into balance in five years 
        without reliance on the social security trust fund surplus, 
        such that any larger increase in the debt limit this fall would 
        require a plan to balance the budget in fiscal year 2007, but 
        if this deficit reduction should prove insufficient, the 
        restrictions are automatically reestablished by the next 
        regular semi-annual report of the Congressional Budget Office;
            (3) to require that the President submit a budget plan 
        before the end of this fiscal year to achieve balance, without 
        reliance on the social security trust fund surplus, by fiscal 
        year 2007;
            (4) as a backup and discipline for these debt limit 
        provisions, to establish points of order against any budget 
        resolution that does not within five years and in all 
        subsequent years eliminate any deficits projected by the 
        Congressional Budget Office, without reliance on the social 
        security trust fund surplus, using the enforcement provisions 
        in current law to require that all subsequent spending and tax 
legislation conform to the budget resolution's deficit-reduction plan; 
and
            (5) thereby to restore fiscal discipline and to preserve 
        social security for future retirees.

                    TITLE I--INCREASE IN DEBT LIMIT

SEC. 101. INCREASE IN DEBT LIMIT.

    (a) Increase in Statutory Debt Limit.--Section 3101(b) of title 31, 
United States Code, is amended by striking ``$5,950,000,000,000'' and 
inserting ``$6,100,000,000,000''.
    (b) Point of Order.--(1) Effective immediately, except as provided 
by paragraph (2) or (3), it shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint resolution, 
amendment, or conference report that includes any provision that 
increases the limit on the public debt above the limit set forth in 
section 3101(b) of title 31, United States Code, as in effect 
immediately before the date of consideration of that measure by more 
than $100,000,000,000.
    (2) Except as provided by paragraph (3), any bill or joint 
resolution may carry an increase in such limit of more than 
$100,000,000,000 only if the concurrent resolution on the budget for 
the budget year has been adopted and--
            (A) sets forth or assumes a budget that is in on-budget 
        balance or surplus within 4 fiscal years after the budget year 
        and is in on-budget balance or surplus for every subsequent 
        fiscal year covered by that resolution; and
            (B) does not contain any reduction in social security 
        benefits.
    (3) Paragraphs (1) and (2) shall not apply in the House of 
Representatives or the Senate if the chairman of the Committee on the 
Budget of the House or of the Senate, as applicable, certifies, based 
on the report of the Congressional Budget Office pursuant to section 
202(e)(1) or (2) of the Congressional Budget Act of 1974, whichever 
report is the most recent, that the budget will be in on-budget balance 
or surplus within 4 fiscal years after the budget year and is in on-
budget balance or surplus for every subsequent fiscal year covered by 
that report. If legislation to extend the discretionary spending limits 
beyond fiscal year 2002 is enacted before the date of release of such 
report, the Congressional Budget Office shall assume such discretionary 
spending levels. Any such certification shall only have force and 
effect until the date of submission of the next report under either 
such section.

SEC. 102. PRESIDENTIAL PLAN TO BALANCE THE BUDGET.

    (a) Presidential Plan.--The President shall submit to the Congress 
by September 30, 2002, a proposal to bring the budget of the Government 
(excluding the receipts and disbursements of the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund) into balance or surplus by fiscal year 2007.
    (b) Sense of Congress.--It is the sense of Congress that the plan 
described in subsection (a) should be based on the most recent economic 
and technical assumptions of the Congressional Budget Office.

          TITLE II--CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY

SEC. 201. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY.

    (a) Circuit Breaker Points of Order.--(1) Effective January 1, 
2003, whenever the most recent report of the Congressional Budget 
Office pursuant to section 202(e)(1) of the Congressional Budget Act of 
1974 projects an on-budget deficit for any fiscal year, it shall not be 
in order in the House of Representatives or the Senate to consider any 
concurrent resolution on the budget that--
            (A) sets forth or assumes an on-budget deficit for any such 
        fiscal year that is larger than such Congressional Budget 
        Office projection for that fiscal year;
            (B) sets forth or assumes a budget that is not in on-budget 
        balance or surplus within 4 fiscal years after the budget year 
        and is not in on-budget balance or surplus for any subsequent 
        fiscal year covered by that resolution; or
            (C) contains any reduction in social security benefits.
    (2) Effective January 1, 2003, whenever the most recent report of 
the Congressional Budget Office pursuant to section 202(e)(1) of the 
Congressional Budget Act of 1974 projects both on-budget surpluses (or 
a balanced budget) and deficits for the fiscal years included in that 
report, it shall not be in order in the House of Representatives or the 
Senate to consider any concurrent resolution on the budget that--
            (A) sets forth or assumes an on-budget deficit for any 
        fiscal year for which such Congressional Budget Office 
        projection for that fiscal year is for an on-budget surplus or 
        balance; or
            (B) contains any reduction in social security benefits.
    (b) Suspension of Requirement During War or Low Economic Growth.--
            (1) Low growth.--If the most recent of the Department of 
        Commerce's advance, preliminary, or final reports of actual 
        real economic growth indicate that the rate of real economic 
        growth (as measured by real GDP) for each of the most recently 
        reported quarter and the immediately preceding quarter is less 
        than 1 percent, this section is suspended.
            (2) War.--If a declaration of war is in effect, this 
        section is suspended.
[EX A]: Restore Fiscal Discipline and Safeguard Social Security Act of 2002 - Amends Federal money and finance law to increase the statutory debt limit to $6.1 trillion.Makes it out of order for the House of Representatives or the Senate to consider any bill or amendment that increases the public debt limit above the new one established by this Act by more than $100 billion, except in specified circumstances.Directs the President to submit to Congress a proposal to bring the budget of the Government (excluding the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by FY 2007.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects an on-budget deficit for any fiscal year, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any such fiscal year larger than such projection; (2) sets forth or assumes a budget that is not in on-budget balance or surplus within four fiscal years, and is not in on-budget balance or surplus for any covered subsequent fiscal year; or (3) contains any reduction in social security benefits.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years concerned, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any fiscal year for which the CBO projection is for an on-budget surplus or balance; or (2) contains any reduction in social security benefits.Suspends such requirements during war or low economic growth.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Contractors and Federal Spending 
Accountability Act of 2008''.

SEC. 2. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT 
              OFFICIALS.

    (a) In General.--Subject to the authority, direction, and control 
of the Director of the Office of Management and Budget, the 
Administrator of General Services shall establish and maintain a 
database of information regarding integrity and performance of persons 
awarded Federal contracts and grants for use by Federal officials 
having authority over contracts and grants.
    (b) Persons Covered.--The database shall cover any person awarded a 
Federal contract or grant if any information described in subsection 
(c) exists with respect to such person.
    (c) Information Included.--With respect to a person awarded a 
Federal contract or grant, the database shall include information (in 
the form of a brief description) for at least the most recent 5-year 
period regarding--
            (1) any civil or criminal proceeding, or any administrative 
        proceeding to the extent that such proceeding results in both a 
        finding of fault on the part of the person and the payment of 
        restitution to a government of $5,000 or more, concluded by the 
        Federal Government or any State government against the person, 
        and any amount paid by the person to the Federal Government or 
        a State government;
            (2) all Federal contracts and grants awarded to the person 
        that were terminated in such period due to default;
            (3) all Federal suspensions and debarments of the person in 
        that period;
            (4) all Federal administrative agreements entered into by 
        the person and the Federal Government in that period to resolve 
        a suspension or debarment proceeding and, to the maximum extent 
        practicable, agreements involving a suspension or debarment 
        proceeding entered into by the person and a State government in 
        that period; and
            (5) all final findings by a Federal official in that period 
        that the person has been determined not to be a responsible 
        source under either subparagraph (C) or (D) of section 4(7) of 
        the Office of Federal Procurement Policy Act (41 U.S.C. 
        403(7)).
    (d) Requirements Relating to Information in Database.--
            (1) Direct input and update.--The Administrator shall 
        design and maintain the database in a manner that allows the 
        appropriate officials of each Federal agency to directly input 
        and update in the database information relating to actions it 
        has taken with regard to contractors or grant recipients.
            (2) Timeliness and accuracy.--The Administrator shall 
        develop policies to require--
                    (A) the timely and accurate input of information 
                into the database;
                    (B) notification of any covered person when 
                information relevant to the person is entered into the 
                database; and
                    (C) an opportunity for any covered person to append 
                comments to information about such person in the 
                database.
    (e) Availability.--
            (1) Availability to all federal agencies.--The 
        Administrator shall make the database available to all Federal 
        agencies.
            (2) Availability to the public.--The Administrator shall 
        make the database available to the public by posting the 
        database on the General Services Administration website.
            (3) Limitation.--This subsection does not require the 
        public availability of information that is exempt from public 
        disclosure under section 552(b) of title 5, United States Code.

SEC. 3. REVIEW OF DATABASE.

    (a) Requirement to Review Database.--Prior to the award of a 
contract or grant, an official responsible for awarding a contract or 
grant shall review the database established under section 2.
    (b) Requirement to Document Present Responsibility.--In the case of 
a prospective awardee of a contract or grant against which a judgment 
or conviction has been rendered more than once within any 3-year period 
for the same or similar offences, if each judgment or conviction is a 
cause for debarment, the official responsible for awarding the contract 
or grant shall document why the prospective awardee is considered 
presently responsible.

SEC. 4. DISCLOSURE IN APPLICATIONS.

    (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act, Federal regulations shall be amended to require 
that in applying for any Federal grant or submitting a proposal or bid 
for any Federal contract a person shall disclose in writing information 
described in section 2(c).
    (b) Covered Contracts and Grants.--This section shall apply only to 
contracts and grants in an amount greater than the simplified 
acquisition threshold, as defined in section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 401(11)).

SEC. 5. ROLE OF INTERAGENCY COMMITTEE.

    (a) Requirement.--The Interagency Committee on Debarment and 
Suspension shall--
            (1) resolve issues regarding which of several Federal 
        agencies is the lead agency having responsibility to initiate 
        suspension or debarment proceedings;
            (2) coordinate actions among interested agencies with 
        respect to such action;
            (3) encourage and assist Federal agencies in entering into 
        cooperative efforts to pool resources and achieve operational 
        efficiencies in the Governmentwide suspension and debarment 
        system;
            (4) recommend to the Office of Management and Budget 
        changes to Government suspension and debarment system and its 
        rules, if such recommendations are approved by a majority of 
        the Interagency Committee;
            (5) authorize the Office of Management and Budget to issue 
        guidelines that implement those recommendations;
            (6) authorize the chair of the Committee to establish 
        subcommittees as appropriate to best enable the Interagency 
        Committee to carry out its functions; and
            (7) submit to the Congress an annual report on--
                    (A) the progress and efforts to improve the 
                suspension and debarment system;
                    (B) member agencies' active participation in the 
                committee's work; and
                    (C) a summary of each agency's activities and 
                accomplishments in the Governmentwide debarment system.
    (b) Definition.--The term ``Interagency Committee on Debarment and 
Suspension'' means such committee constituted under sections 4 and 5 
and of Executive Order 12549.

SEC. 6. AUTHORIZATION OF INDEPENDENT AGENCIES.

    Any agency, commission, or organization of the Federal Government 
to which Executive Order 12549 does not apply is authorized to 
participate in the Governmentwide suspension and debarment system and 
may recognize the suspension or debarment issued by an executive branch 
agency in its own procurement or assistance activities.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator of 
General Services such funds as may be necessary to establish the 
database described in section 2.

SEC. 8. REPORT TO CONGRESS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of General Services shall 
submit to Congress a report.
    (b) Contents of Report.--The report shall contain the following:
            (1) A list of all databases that include information about 
        Federal contracting and Federal grants.
            (2) Recommendations for further legislation or 
        administrative action that the Administrator considers 
        appropriate to create a centralized, comprehensive Federal 
        contracting and Federal grant database.

            Passed the House of Representatives April 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
[EX A]: Contractors and Federal Spending Accountability Act of 2008 - (Sec. 2) Requires the Administrator of General Services, subject to the authority of the Director of the Office of Management and Budget (OMB), to establish and maintain on a General Services Administration (GSA) website a database of information regarding the integrity and performance of persons awarded federal contracts and grants for use by federal officials. Authorizes appropriations. Requires the Administrator to make the database available to all federal agencies.

Requires the database to include information, for the last five years, regarding: (1) any civil or criminal proceeding, or and administrative proceeding resulting in a finding of fault and payment of restitution to a government of $5,000 or more, concluded by the federal government and state governments against such persons; and (2) federal contacts and grants terminated due to defaults by such persons; (3) federal suspensions and debarments of such persons; (4) federal and state administrative agreements to resolve suspension or debarment proceedings; and (5) final findings by a federal official that such a person has been determined not to be a responsible source under the Office of Federal Procurement Policy Act.

Requires federal regulations to be amended to require applicants for federal grants or contracts exceeding the simplified acquisition threshold to disclose such information in writing.

Requires the Administrator to develop policies to require: (1) notification of any covered person when information relevant to the person is entered into the database; and (2) an opportunity for any covered person to append comments to information about such person in the database.



(Sec. 3) Requires an official to: (1) review such database prior to awarding a contract or grant; and (2) document why a prospective contract or grant awardee against whom a judgment or conviction for the same offense, or similar offences, has been rendered more than once within any three-year period, if each judgment or conviction is a cause for debarment, is considered presently responsible.



(Sec. 5) Requires the Interagency Committee on Debarment and Suspension to: (1) resolve issues regarding determination of the lead agency responsible for initiating suspension or debarment proceedings; (2) coordinate actions among interested agencies; (3) encourage and assist federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the government-wide suspension and debarment system; (4) recommend to OMB changes to such system and its rules; (5) authorize OMB to issue guidelines that implement such recommendations; (6) authorize the Committee's chair to establish subcommittees; and (7) report to Congress annually on progress and efforts to improve such system, member agencies' active participation in the committee's work, and a summary of each agency's activities and accomplishments in such system. (Sec. 6) Allows federal agencies, commissions, or organizations not currently participating in the federal suspension and debarment system to participate and to recognize suspensions or debarments issued by participating agencies.

 (Sec. 8) Requires the Administrator to submit a report to Congress that includes: (1) a list of all databases that include information about federal contracting and grants; and (2) recommendations for legislation or administrative action to create a centralized, comprehensive federal contracting and grant database.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trademark Anticounterfeiting Act of 
1998''.

SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT 
              IDENTIFICATION CODES.

    (a) In General.--Title VIII of the Act entitled ``An Act to provide 
for the registration and protection of trade-marks 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 
``Lanham Act'' and the ``Trademark Act of 1946'') is amended by 
inserting after section 43 (15 U.S.C. 1125) the following:

      ``unauthorized modifications of product identification codes

    ``Sec. 43A. (a) Definitions.--In this section--
            ``(1) the term `consumer'--
                    ``(A) means--
                            ``(i) the ultimate user or purchaser of a 
                        good; or
                            ``(ii) any hotel, restaurant, or other 
                        provider of services that must remove or alter 
                        the container, label, or packaging of a good in 
                        order to make the good available to the 
                        ultimate user or purchaser; and
                    ``(B) does not include any retailer or other 
                distributor who acquires a good for resale;
            ``(2) the term `good' means any article, product, or 
        commodity that is customarily produced or distributed for sale, 
        rental, or licensing in interstate or foreign commerce, and any 
        container, packaging, label, or component thereof;
            ``(3) the term `manufacturer' includes the original 
        manufacturer of a good and a duly appointed agent or 
        representative of that manufacturer acting within the scope of 
        its agency or representation;
            ``(4) the term `product identification code'--
                    ``(A) includes any number, letter, symbol, marking, 
                date (including an expiration date), code, software, or 
                other technology that is affixed to or embedded in any 
                good, by which the manufacturer of the good may trace 
                the good back to a particular production lot or batch 
                or date of removal, or otherwise identify the source of 
                the good, the date of manufacture, the date of 
                expiration, or other comparable critical data; and
                    ``(B) does not include copyright management 
                information conveyed in connection with copies or 
                phonorecords of a copyrighted work or any performance 
                or display of a copyrighted work;
            ``(5) the term `Universal Product Code' refers to the 
        multidigit bar code and number representing goods in retail 
        applications; and
            ``(6) the term `value' means the face, par, or market 
        value, whichever is the greatest.
    ``(b) Prohibited Acts.--Except as otherwise authorized by Federal 
law, it shall be unlawful for any person, other than the consumer or 
the manufacturer of a good, knowingly and without authorization of the 
manufacturer--
            ``(1) to directly or indirectly alter, conceal, remove, 
        obliterate, deface, strip, or peel any product identification 
        code affixed to or embedded in that good;
            ``(2) to directly or indirectly affix or embed a product 
        identification code to or in that good which is intended by the 
        manufacturer for a different good, such that the code no longer 
        accurately identifies the source of the good;
            ``(3) to directly or indirectly affix to or embed in that 
        good any number, letter, symbol, marking, date, code, or other 
        technology intended to simulate a product identification code; 
        or
            ``(4) to import, export, sell, distribute, or broker that 
        good, the product identification code for which has been 
        altered, concealed, removed, obliterated, defaced, stripped, 
        peeled, affixed, or embedded in violation of paragraph (1) or 
        (2), or that bears an unauthorized number, letter, symbol, 
        marking, date, or other code in violation of paragraph (3).
    ``(c) Applicability.--The prohibitions set forth in subsection (b) 
shall apply to product identification codes (or simulated product 
identification codes in a case to which subsection (b)(3) applies) 
affixed to, or embedded in, any good held for sale or distribution in 
interstate or foreign commerce or after shipment therein.
    ``(d) Exclusion.--
            ``(1) UPC codes.--Nothing in this section prohibits a 
        retailer from affixing a Universal Product Code or other 
        electronic pricing code to a good if that code does not (or can 
        be removed so as not to) permanently alter, conceal, remove, 
        obliterate, deface, strip, or peel any product identification 
        code.
            ``(2) Repackaging for resale.--(A) Nothing in this section 
        prohibits a distributor from removing an article, product, or 
        commodity of retail sale from a shipping container and placing 
        such article, product, or commodity in another shipping 
        container for purpose of resale in a quantity different from 
        the quantity originally provided by the manufacturer or from 
        replacing a damaged shipping container, if, except as provided 
        in paragraph (1), such article, product, or commodity of retail 
        sale retains its original product identification code, without 
        any obstruction or alteration, and if--
                    ``(i) such distributor is registered with all 
                applicable Federal and State agencies;
                    ``(ii) such distributor repackages the article, 
                product, or commodity in full compliance with all 
                applicable State and Federal laws and regulations; and
                    ``(iii) the act of repackaging does not result in a 
                prohibited act under section 301 of the Federal Food, 
                Drug, and Cosmetic Act or violate any other applicable 
                State or Federal law or regulation.
            ``(B) As used in this paragraph, the term `shipping 
        container' means--
                    ``(i) a container or wrapping used for the 
                transportation of any article, product, or commodity in 
                bulk or in quantity to manufacturers, packers, or 
                processors, or to wholesale or retail distributors 
                thereof; and
                    ``(ii) containers or wrappings used by retailers to 
                ship or deliver any article, product, or commodity to 
                retail customers, if such containers and wrappings bear 
                no printed matter pertaining to any particular article, 
                product, or commodity.
    ``(e) Criminal Penalties.--Any person who willfully violates this 
section shall be punished as provided in section 1365A of title 18.
    ``(f) Civil Remedies.--
            ``(1) In general.--Any person who is injured by a violation 
        of this section, or threatened with such injury, may bring a 
        civil action in an appropriate United States district court 
        against the alleged violator.
            ``(2) Injunctions and impounding and disposition of 
        goods.--In any action under paragraph (1), the court may--
                    ``(A) grant 1 or more temporary, preliminary, or 
                permanent injunctions on such terms as the court 
                determines to be reasonable to prevent or restrain the 
                violation;
                    ``(B) at any time while the action is pending, 
                order the impounding, on such terms as the court 
                determines to be reasonable, of any good that is in the 
                custody or control of the alleged violator and that the 
                court has reasonable cause to believe was involved in 
                the violation; and
                    ``(C) as part of a final judgment or decree--
                            ``(i) order the destruction of any good 
                        involved in the violation that is in the 
                        custody or control of the violator or that has 
                        been impounded under subparagraph (B); or
                            ``(ii) if the court determines that any 
                        good impounded under subparagraph (B) is not 
                        unsafe or a hazard to health, dispose of the 
                        good by delivery to such Federal, State, or 
                        local government agencies as, in the opinion of 
                        the court, have a need for such good, or by 
                        gift to such charitable or nonprofit 
                        institutions as, in the opinion of the court, 
                        have a need for such good, if such disposition 
                        would not otherwise be in violation of law, and 
                        if the manufacturer consents to such 
                        disposition and is given the opportunity to 
                        reapply a product identification code to the 
                        good.
            ``(3) Damages.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                any action under paragraph (1), the plaintiff shall be 
                entitled to recover the actual damages suffered by the 
                plaintiff as a result of the violation, and any profits 
                of the violator that are attributable to the violation 
                and are not taken into account in computing the actual 
                damages. In establishing the violator's profits, the 
                plaintiff shall be required to present proof only of 
                the violator's sales, and the violator shall be 
                required to prove all elements of cost or deduction 
                claimed.
                    ``(B) Statutory damages.--In any action under 
                paragraph (1), the plaintiff may elect, at any time 
                before final judgment is rendered, to recover, instead 
                of actual damages and profits described in subparagraph 
                (A), an award of statutory damages for any violation 
                under this section in an amount equal to--
                            ``(i) not less than $500 and not more than 
                        $100,000, with respect to each type of goods 
                        involved in the violation; and
                            ``(ii) if the violation threatens the 
                        health and safety of the public, as determined 
                        by the court, not less than $5,000 and not more 
                        than $1,000,000, with respect to each type of 
                        goods involved in the violation.
            ``(4) Costs and attorney's fees.--In any action under 
        paragraph (1)--
                    ``(A) in addition to any damages recovered under 
                paragraph (3), a prevailing plaintiff may recover the 
                full costs of the action; and
                    ``(B) the court, in its discretion, may also award 
                reasonable attorney fees to the prevailing party.
            ``(5) Repeat violations.--
                    ``(A) Treble damages.--In any case in which a 
                person violates this section within 3 years after the 
                date on which a final judgment was entered against that 
                person for a previous violation of this section, the 
                court, in an action brought under this subsection, may 
                increase the award of damages for the later violation 
                to not more than 3 times the amount that would 
                otherwise be awarded under paragraph (3), as the court 
                considers appropriate.
                    ``(B) Burden of proof.--A plaintiff that seeks 
                damages as described in subparagraph (A) shall bear the 
                burden of proving the existence of the earlier 
                violation.
            ``(6) Limitations on actions.--No civil action may be 
        commenced under this section later than 3 years after the date 
        on which the claimant discovers the violation.
            ``(7) Innocent violations.--In any action under paragraph 
        (1), the court in its discretion may reduce or remit the total 
        award of damages in any case in which the violator sustains the 
        burden of proving, and the court finds, that the violator was 
        not aware and had no reason to believe that the acts of the 
        violator constituted a violation.
    ``(g) Enforcement.--The Attorney General shall enforce this 
section.''.
    (b) Conforming Amendment.--The heading for title VIII of the Act of 
July 5, 1946, is amended by striking ``AND DILUTION'' and inserting 
``DILUTION, AND ADULTERATION OF PRODUCT CODES''.

SEC. 3. CRIMINAL PENALTIES.

    (a) In General.--Chapter 65 of title 18, United States Code, is 
amended by inserting after section 1365 the following:
``Sec. 1365A. Unauthorized modification of product identification codes
    ``(a) Criminal Penalties.--Any person who willfully violates 
section 43A of the Act of July 5, 1946 (commonly referred to as the 
`Trademark Act of 1946') shall--
            ``(1) be fined under this title, imprisoned not more than 1 
        year, or both;
            ``(2) if the total retail value of the good or goods 
        involved in the violation is greater than $5,000, be fined 
        under this title, imprisoned not more than 5 years, or both;
            ``(3) if the person acts with reckless disregard for the 
        risk that the health or safety of the public would be 
        threatened and under circumstances manifesting extreme 
        indifference to such risk, and the violation threatens the 
        health or safety of the public, be fined under this title, 
        imprisoned not more than 10 years, or both;
            ``(4) if the person acts with reckless disregard for the 
        risk that another person will be placed in danger of death or 
        bodily injury and under circumstances manifesting extreme 
        indifference to such risk and--
                    ``(A) serious bodily injury to any individual 
                results, be fined under this title, imprisoned not more 
                than 20 years, or both; or
                    ``(B) death of an individual results, be fined 
                under this title, imprisoned for any term of years or 
                for life, or both; and
            ``(5) with respect to any second or subsequent violation, 
        be subject to twice the maximum term of imprisonment that would 
        otherwise be imposed under this subsection, fined under this 
        title, or both.
    ``(b) Injunctions and Impounding, Forfeiture, and Disposition of 
Goods.--
            ``(1) Injunctions and impounding.--In any prosecution under 
        this section, upon motion of the United States, the court may--
                    ``(A) grant 1 or more temporary, preliminary, or 
                permanent injunctions on such terms as the court 
                determines to be reasonable to prevent or restrain the 
                alleged violation; and
                    ``(B) at any time during the proceedings, order the 
                impounding, on such terms as the court determines to be 
                reasonable, of any good that is in the custody or 
                control of the defendant and that the court has 
                reasonable cause to believe was involved in the 
                violation.
            ``(2) Forfeiture and disposition of goods.--Upon conviction 
        of any person of a violation of this section, the court shall--
                    ``(A) order the forfeiture of any good involved in 
                the violation that is in the custody or control of the 
                defendant or that has been impounded under paragraph 
                (1)(B); and
                    ``(B) either--
                            ``(i) order the destruction of each good 
                        forfeited under subparagraph (A); or
                            ``(ii) if the court determines that any 
                        good forfeited under subparagraph (A) is not 
                        unsafe or a hazard to health, dispose of the 
                        good by delivery to such Federal, State, or 
                        local government agencies as, in the opinion of 
                        the court, have a need for such good, or by 
                        gift to such charitable or nonprofit 
                        institutions as, in the opinion of the court, 
                        have a need for such good, if such disposition 
                        would not otherwise be in violation of law and 
                        if the manufacturer consents to such 
                        disposition and is given the opportunity to 
                        reapply a product identification code to the 
                        good.''.
    (b) Conforming Amendment.--The table of sections for chapter 65 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1365 the following:

``1365A. Unauthorized modification of product identification codes.''.

SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS.

    Section 2320(f) of title 18, United States Code, is amended--
            (1) by inserting ``unauthorized modification of product 
        identification codes under section 1365A,'' after ``involve''; 
        and
            (2) in paragraph (4), by inserting ``1365A,'' after 
        ``sections''.
[EX A]:
Trademark Anticounterfeiting Act of 1998 - Amends the Trademark Act of 1946 (Lanham Act) and the Federal criminal code to declare unlawful unauthorized modification of product identification codes, including:  (1) specified acts of tampering with the product identification code of any good; and (2) importing, exporting, distributing, or brokering goods whose product identification codes have been tampered with.  Excludes from such proscription certain actions relating to repackaging for resale. 
Subjects violators to liability for:  (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees.  Designates the Attorney General as the chief enforcement official.