In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Example: SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Example solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Example explanation: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

Problem: 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''.
Solution: 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.