To regulate the sale and possession of armor piercing ammunition, and for other purposes.

TEXT OF AMENDMENTS

SA 2619. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 1805, to prohibit civil liability actions from
being brought or continued against manufacturers, distributors,
dealers, or importers of firearms or ammunition for damages resulting
from the misuse of their products by others; as follows:

On page 11, after line 19, add the following:

SEC. 5. ARMOR PIERCING AMMUNITION.

(a) Expansion of Definition of Armor Piercing Ammunition.--
Section 921(a)(17)(B) of title 18, United States Code, is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(iii) a projectile that may be used in a handgun and that
the Attorney General determines, pursuant to section 926(d),
to be capable of penetrating body armor; or
``(iv) a projectile for a centerfire rifle, designed or
marketed as having armor piercing capability, that the
Attorney General determines, pursuant to section 926(d), to
be more likely to penetrate body armor than standard
ammunition of the same caliber.''.
(b) Determination of the Capability of Projectiles To
Penetrate Body Armor.--Section 926 of title 18, United States
Code, is amended by adding at the end the following:
``(d)(1) Not later than 1 year after the date of enactment
of this subsection, the Attorney General shall promulgate
standards for the uniform testing of projectiles against Body
Armor Exemplar.
``(2) The standards promulgated pursuant to paragraph (1)
shall take into account, among other factors, variations in
performance that are related to the length of the barrel of
the handgun or centerfire rifle from which the projectile is
fired and the amount and kind of powder used to propel the
projectile.
``(3) As used in paragraph (1), the term `Body Armor
Exemplar' means body armor that the Attorney General
determines meets minimum standards for the protection of law
enforcement officers.''.
______

SA 2620. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1805, to prohibit civil liability actions from being
brought or continued against manufacturers, distributors, dealers, or
importers of firearms or ammunition for damages resulting from the
misuse of their products by others; as follows:

On page 11, after line 19, add the following:

SEC. 5. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES.

(a) Short Title.--This section may be cited as the ``Child
Safety Device Act of 2004''.
(b) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(36) The term `locking device' means a device or locking
mechanism that is approved by a licensed firearms
manufacturer for use

[[Page S1696]]

on the handgun with which the device or locking mechanism is
sold, delivered, or transferred and that--
``(A) if installed on a firearm and secured by means of a
key or a mechanically, electronically, or electromechanically
operated combination lock, is designed to prevent the firearm
from being discharged without first deactivating or removing
the device by means of a key or mechanically, electronically,
or electromechanically operated combination lock;
``(B) if incorporated into the design of a firearm, is
designed to prevent discharge of the firearm by any person
who does not have access to the key or other device designed
to unlock the mechanism and thereby allow discharge of the
firearm; or
``(C) is a safe, gun safe, gun case, lock box, or other
device that is designed to store a firearm and that is
designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(c) Unlawful Acts.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(z) Locking Devices.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or
transfer any handgun to any person other than a licensed
importer, licensed manufacturer, or licensed dealer, unless
the transferee is provided with a locking device for that
handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or possession by,
the United States, a department or agency of the United
States, a State, or a department, agency, or political
subdivision of a State, of a firearm;
``(B) transfer to, or possession by, a law enforcement
officer employed by an entity referred to in subparagraph (A)
of a firearm for law enforcement purposes (whether on or off
duty); or
``(C) the transfer to, or possession by, a rail police
officer employed by a rail carrier and certified or
commissioned as a police officer under State law of a firearm
for purposes of law enforcement (whether on or off duty).''.
(2) Effective date.--Section 922(z) of title 18, United
States Code, as added by this subsection, shall take effect
on the date which is 180 days after the date of enactment of
this Act.
(d) Civil Penalties.--Section 924 of title 18, United
States Code, is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensee, the Attorney General shall, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued to the licensee
under this chapter;
``(ii) subject the licensee to a civil penalty of not more
than $15,000; or
``(iii) impose the penalties described in clauses (i) and
(ii).
``(B) Review.--An action by the Attorney General under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative
remedy that is otherwise available to the Attorney
General.''.
(e) Amendment to Consumer Product Safety Act.--The Consumer
Product Safety Act (15 U.S.C. 2051 et seq.), is amended by
adding at the end the following:

``SEC. 39. CHILD HANDGUN SAFETY DEVICES.

``(a) Establishment of Standard.--
``(1) Rulemaking required.--
``(A) Initiation of rulemaking.--Notwithstanding section
3(a)(1)(E), the Commission shall initiate a rulemaking
proceeding under section 553 of title 5, United States Code,
not later than 90 days after the date of enactment of the
Child Safety Device Act of 2004 to establish a consumer
product safety standard for locking devices. The Commission
may extend this 90-day period for good cause.
``(B) Final rule.--Notwithstanding any other provision of
law, the Commission shall promulgate a final consumer product
safety standard under this paragraph not later than 12 months
after the date on which the Commission initiated the
rulemaking proceeding under subparagraph (A). The Commission
may extend this 12-month period for good cause.
``(C) Effective date.--The consumer product safety standard
promulgated under this paragraph shall take effect on the
date which is 6 months after the date on which the final
standard is promulgated.
``(D) Standard requirements.--The standard promulgated
under this paragraph shall require locking devices that--
``(i) are sufficiently difficult for children to de-
activate or remove; and
``(ii) prevent the discharge of the handgun unless the
locking device has been de-activated or removed.
``(2) Inapplicable provisions.--
``(A) Provisions of this act.--Sections 7, 9, and 30(d)
shall not apply to the rulemaking proceeding described under
paragraph (1). Section 11 shall not apply to any consumer
product safety standard promulgated under paragraph (1).
``(B) Chapter 5 of title 5.--Chapter 5 of title 5, United
States Code, except for section 553 of that title, shall not
apply to this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United
States Code, shall not apply to this section.
``(b) Enforcement.--Notwithstanding subsection (a)(2)(A),
the consumer product safety standard promulgated by the
Commission pursuant to subsection (a) shall be enforced under
this Act as if it were a consumer product safety standard
described under section 7(a).
``(c) Definitions.--In this section, the following
definitions shall apply:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Locking device.--The term `locking device' has the
meaning given that term in clauses (i) and (iii) of section
921(a)(36) of title 18, United States Code.''.
(f) Conforming Amendment.--Section 1 of the Consumer
Product Safety Act is amended by adding at the end of the
table of contents the following:

``Sec. 39. Child handgun safety devices.''.

(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Consumer Product Safety Commission $2,000,000 for each of
the fiscal years 2005 through 2007 to carry out the
provisions of section 39 of the Consumer Product Safety Act,
as added by subsection (e).
(2) Availability of funds.--Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
______

SA 2621. Mr. DASCHLE (for himself, Mr. Craig, and Mr. Baucus)
proposed an amendment to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:
On page 7, line 19, strike ``including'' and all that
follows through page 8, line 19, and insert ``including, but
not limited to--

``(I) any case in which the manufacturer or seller
knowingly made any false entry in, or failed to make
appropriate entry in, any record which such person is
required to keep pursuant to State or Federal law, or aided,
abetted or conspired with any person in making any false or
fictitious oral or written statement with respect to any fact
material to the lawfulness of the sale or other disposition
of a qualified product; or
``(II) any case in which the manufacturer or seller aided,
abetted, or conspired with any other person to sell or
otherwise dispose of a qualified product, knowing or having
reasonable cause to believe that the actual buyer of the
qualified product was prohibited from possessing or receiving
a firearm or ammunition under subsection (g) or (n) of
section 922 of title 18, United States Code;''.

On page 9, lines 1 and 2, strike ``or in a manner that is
reasonably foreseeable'' and insert ``, or when used in a
manner that is reasonably foreseeable, except that such
reasonably foreseeable use shall not include any criminal or
unlawful misuse of a qualified product, other than possessory
offenses.''.
On page 9, strike lines 12 through 21, and insert the
following:
(C) Rule of construction.--The exceptions enumerated under
clauses (i) through (v) of subparagraph (A) are intended to
be construed to not be in conflict, and no provision of this
Act shall be construed to create a Federal private cause of
action or remedy.
On page 10, strike lines 13 through 18, and insert the
following:
(C) a person engaged in the business of selling ammunition
(as defined under section 921(a)(17)(A) of title 18, United
States Code) in interstate or foreign commerce at the
wholesale or retail level, who is in compliance with all
applicable Federal, State, and local laws.
On page 11, line 7, strike the semicolon and insert ``;
and''.
On page 11, strike lines 8 through 15, and insert the
following:
(B) 2 or more members of which are manufacturers or sellers
of a qualified product, and that is involved in promoting the
business interests of its members, including organizing,
advising, or representing its members with respect to their
business, legislative, or legal activities in relation to the
manufacture, importation, or sale of a qualified product.
On page 11, strike lines 16 through 19, and insert the
following:
(9) Unlawful misuse.--The term ``unlawful misuse'' means
conduct that violates a statute, ordinance, or regulation as
it relates to the use of a qualified product.
______

SA 2622. Mr. KOHL proposed an amendment to amendment SA 2620
submitted by Mrs. Boxer to the bill S.

[[Page S1697]]

1805, to prohibit civil liability actions from being brought or
continued against manufacturers, distributors, dealers, or importers of
firearms or ammunition for damages resulting from the misuse of their
products by others; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

TITLE II--CHILD SAFETY LOCKS

SEC. 201. SHORT TITLE.

This title may be cited as the ``Child Safety Lock Act of
2004''.

SEC. 202. PURPOSES.

The purposes of this title are--
(1) to promote the safe storage and use of handguns by
consumers;
(2) to prevent unauthorized persons from gaining access to
or use of a handgun, including children who may not be in
possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to
law abiding citizens for all lawful purposes, including
hunting, self-defense, collecting, and competitive or
recreational shooting.

SEC. 203. FIREARMS SAFETY.

(a) Unlawful Acts.--
(1) Mandatory transfer of secure gun storage or safety
device.--Section 922 of title 18, United States Code, is
amended by inserting at the end the following:
``(z) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or
transfer any handgun to any person other than any person
licensed under this chapter, unless the transferee is
provided with a secure gun storage or safety device (as
defined in section 921(a)(34)) for that handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A)(i) the manufacture for, transfer to, or possession
by, the United States, a department or agency of the United
States, a State, or a department, agency, or political
subdivision of a State, of a handgun; or
``(ii) the transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
handgun for law enforcement purposes (whether on or off
duty); or
``(B) the transfer to, or possession by, a rail police
officer employed by a rail carrier and certified or
commissioned as a police officer under the laws of a State of
a handgun for purposes of law enforcement (whether on or off
duty);
``(C) the transfer to any person of a handgun listed as a
curio or relic by the Secretary pursuant to section
921(a)(13); or
``(D) the transfer to any person of a handgun for which a
secure gun storage or safety device is temporarily
unavailable for the reasons described in the exceptions
stated in section 923(e), if the licensed manufacturer,
licensed importer, or licensed dealer delivers to the
transferee within 10 calendar days from the date of the
delivery of the handgun to the transferee a secure gun
storage or safety device for the handgun.
``(3) Liability for use.--
``(A) In general.--Notwithstanding any other provision of
law, a person who has lawful possession and control of a
handgun, and who uses a secure gun storage or safety device
with the handgun, shall be entitled to immunity from a
qualified civil liability action.
``(B) Prospective actions.--A qualified civil liability
action may not be brought in any Federal or State court.
``(C) Defined term.--As used in this paragraph, the term
`qualified civil liability action'--
``(i) means a civil action brought by any person against a
person described in subparagraph (A) for damages resulting
from the criminal or unlawful misuse of the handgun by a
third party, if--

``(I) the handgun was accessed by another person who did
not have the permission or authorization of the person having
lawful possession and control of the handgun to have access
to it; and
``(II) at the time access was gained by the person not so
authorized, the handgun had been made inoperable by use of a
secure gun storage or safety device; and

``(ii) shall not include an action brought against the
person having lawful possession and control of the handgun
for negligent entrustment or negligence per se.''.
(b) Civil Penalties.--Section 924 of title 18, United
States Code, is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating To Secure Gun Storage or Safety
Device.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer, or
licensed dealer, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend for not more than 6 months, or revoke, the
license issued to the licensee under this chapter that was
used to conduct the firearms transfer; or
``(ii) subject the licensee to a civil penalty in an amount
equal to not more than $2,500.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided under section
923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) shall not preclude any administrative
remedy that is otherwise available to the Secretary.''.
(c) Liability; Evidence.--
(1) Liability.--Nothing in this title shall be construed
to--
(A) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
(B) establish any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this title shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity, except with respect to an action relating to
section 922(z) of title 18, United States Code, as added by
this section.
(3) Rule of construction.--Nothing in this subsection shall
be construed to bar a governmental action to impose a penalty
under section 924(p) of title 18, United States Code, for a
failure to comply with section 922(z) of that title.

SEC. 204. EFFECTIVE DATE.

This title and the amendments made by this title shall take
effect 180 days after the date of enactment of this Act.
______

SA 2623. Mr. HATCH (for Mr. Campbell (for himself, Mr. Leahy, Mr.
Hatch, Mr. DeWine, Mr. Sessions, Mr. Craig, Mr. Reid, and Mrs. Boxer))
proposed an amendment to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:

On page 11, after line 19, add the following:

SEC. 5. LAW ENFORCEMENT OFFICERS SAFETY ACT.

(a) Short Title.--This section may be cited as the ``Steve
Young Law Enforcement Officers Safety Act''.
(b) Exemption of Qualified Law Enforcement Officers From
State Laws Prohibiting the Carrying of Concealed Firearms.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 926A the
following:

``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers

``(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who
is a qualified law enforcement officer and who is carrying
the identification required by subsection (d) may carry a
concealed firearm that has been shipped or transported in
interstate or foreign commerce, subject to subsection (b).
``(b) This section shall not be construed to supersede or
limit the laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation,
building, base, or park.
``(c) As used in this section, the term `qualified law
enforcement officer' means an employee of a governmental
agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or
the incarceration of any person for, any violation of law,
and has statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of
a firearm; and
``(5) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency
for which the individual is, or was, employed as a law
enforcement officer.
``(e) Defined Term.--As used in this section, the term
`firearm' does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) any destructive device (as defined in section
921).''.
(2) Clerical amendment.--The table of sections for chapter
44 of title 18, United States Code, is amended by inserting
after the item relating to section 926A the following:

``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.

(c) Exemption of Qualified Retired Law Enforcement Officers
From State Laws Prohibiting the Carrying of Concealed
Firearms.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 926B, as added by
subsection (b), the following:

[[Page S1698]]

``Sec. 926C. Carrying of concealed firearms by qualified
retired law enforcement officers

``(a) Notwithstanding any other provision of the law of any
State or any political subdivision thereof, an individual who
is a qualified retired law enforcement officer and who is
carrying the identification required by subsection (d) may
carry a concealed firearm that has been shipped or
transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or
limit the laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation,
building, base, or park.
``(c) As used in this section, the term `qualified retired
law enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons
of mental instability;
``(2) before such retirement, was authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any
person for, any violation of law, and had statutory powers of
arrest;
``(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 15 years or
more; or
``(B) retired from service with such agency, after
completing any applicable probationary period of such
service, due to a service-connected disability, as determined
by such agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at
the expense of the individual, the State's standards for
training and qualification for active law enforcement
officers to carry firearms; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is
photographic identification issued by the agency for which
the individual was employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term
`firearm' does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) a destructive device (as defined in section 921).''.
(2) Clerical amendment.--The table of sections for chapter
44 of title 18, United States Code, is amended by inserting
after the item relating to section 926B the following:

``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''.
______

SA 2624. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1805, to prohibit civil liability actions from being
brought or continued against manufacturers, distributors, dealers, or
importers of firearms or ammunition for damages resulting from the
misuse of their products by others; which was ordered to lie on the
table as follows:

At the end of the bill, add the following:

TITLE __--MEDICAL LIABILITY REFORM

SEC. __01. SHORT TITLE.

This title may be cited as the ``Protecting the Practice of
Medicine Act''.

SEC. __02. DEFINITIONS.

In this title:
(1) Alternative dispute resolution system; adr.--The term
``alternative dispute resolution system'' or ``ADR'' means a
system that provides for the resolution of health care
lawsuits in a manner other than through a civil action
brought in a State or Federal court.
(2) Claimant.--The term ``claimant'' means any person who
brings a health care lawsuit, including a person who asserts
or claims a right to legal or equitable contribution,
indemnity or subrogation, arising out of a health care
liability claim or action, and any person on whose behalf
such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) Collateral source benefits.--The term ``collateral
source benefits'' means any amount paid or reasonably likely
to be paid in the future to or on behalf of the claimant, or
any service, product or other benefit provided or reasonably
likely to be provided in the future to or on behalf of the
claimant, as a result of the injury or wrongful death,
pursuant to--
(A) any State or Federal health, sickness, income-
disability, accident, or workers' compensation law;
(B) any health, sickness, income-disability, or accident
insurance that provides health benefits or income-disability
coverage;
(C) any contract or agreement of any group, organization,
partnership, or corporation to provide, pay for, or reimburse
the cost of medical, hospital, dental, or income disability
benefits; and
(D) any other publicly or privately funded program.
(4) Compensatory damages.--The term ``compensatory
damages'' means objectively verifiable monetary losses
incurred as a result of the provision of, use of, or payment
for (or failure to provide, use, or pay for) health care
services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining
domestic services, loss of employment, and loss of business
or employment opportunities, damages for physical and
emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), hedonic
damages, injury to reputation, and all other nonpecuniary
losses of any kind or nature. Such term includes economic
damages and noneconomic damages, as such terms are defined in
this section.
(5) Contingent fee.--The term ``contingent fee'' includes
all compensation to any person or persons which is payable
only if a recovery is effected on behalf of one or more
claimants.
(6) Economic damages.--The term ``economic damages'' means
objectively verifiable monetary losses incurred as a result
of the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products, such as past and future medical expenses, loss of
past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or
employment opportunities.
(7) Health care lawsuit.--The term ``health care lawsuit''
means any health care liability claim concerning the
provision of health care goods or services affecting
interstate commerce, or any health care liability action
concerning the provision of (or the failure to provide)
health care goods or services affecting interstate commerce,
brought in a State or Federal court or pursuant to an
alternative dispute resolution system, against a health care
provider, regardless of the theory of liability on which the
claim is based, or the number of claimants, plaintiffs,
defendants, or other parties, or the number of claims or
causes of action, in which the claimant alleges a health care
liability claim.
(8) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal Court or pursuant to an alternative dispute
resolution system, against a health care provider, regardless
of the theory of liability on which the claim is based, or
the number of plaintiffs, defendants, or other parties, or
the number of causes of action, in which the claimant alleges
a health care liability claim.
(9) Health care liability claim.--The term ``health care
liability claim'' means a demand by any person, whether or
not pursuant to ADR, against a health care provider,
regardless of the theory of liability on which the claim is
based, or the number of plaintiffs, defendants, or other
parties, or the number of causes of action.
(10) Health care provider.--The term ``health care
provider'' means any person or entity required by State or
Federal laws or regulations to be licensed, registered, or
certified to provide health care services, and being either
so licensed, registered, or certified, or exempted from such
requirement by other statute or regulation.
(11) Health care goods or services.--The term ``health care
goods or services'' means any goods or services provided by a
health care provider or by any individual working under the
supervision of a health care provider, that relates to the
diagnosis, prevention, care, or treatment of any human
disease or impairment, or the assessment of the health of
human beings.
(12) Malicious intent to injure.--The term ``malicious
intent to injure'' means intentionally causing or attempting
to cause physical injury other than providing health care
goods or services.
(13) Noneconomic damages.--The term ``noneconomic damages''
means damages for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(14) Punitive damages.--The term ``punitive damages'' means
damages awarded, for the purpose of punishment or deterrence,
and not solely for compensatory purposes, against a health
care provider. Punitive damages are neither economic nor
noneconomic damages.
(15) Recovery.--The term ``recovery'' means the net sum
recovered after deducting any disbursements or costs incurred
in connection with prosecution or settlement of the claim,
including all costs paid or advanced by any person. Costs of
health care incurred by the plaintiff and the attorneys'
office overhead costs or charges for legal services are not
deductible disbursements or costs for such purpose.
(16) 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, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States,
or any political subdivision thereof.

SEC. __03. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

(a) In General.--Except as otherwise provided for in this
section, the time for the commencement of a health care
lawsuit

[[Page S1699]]

shall be 3 years after the date of manifestation of injury or
1 year after the claimant discovers, or through the use of
reasonable diligence should have discovered, the injury,
whichever occurs first.
(b) General Exception.--The time for the commencement of a
health care lawsuit shall not exceed 3 years after the date
of manifestation of injury unless the tolling of time was
delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within
3 years from the date of the alleged manifestation of injury
except that if such minor is under the full age of 6 years,
such action shall be commenced within 3 years of the
manifestation of injury, or prior to the eighth birthday of
the minor, whichever provides a longer period. Such time
limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider have
committed fraud or collusion in the failure to bring an
action on behalf of the injured minor.

SEC. __04. COMPENSATING PATIENT INJURY.

(a) Unlimited Amount of Damages for Actual Economic Losses
in Health Care Lawsuits.--In any health care lawsuit, nothing
in this title shall limit the recovery by a claimant of the
full amount of the available economic damages,
notwithstanding the limitation contained in subsection (b).
(b) Additional Noneconomic Damages.--In any health care
lawsuit, the amount of noneconomic damages recovered, if
otherwise available under applicable Federal or State law,
may be as much as $250,000, regardless of the number of
parties against whom the action is brought or the number of
separate claims or actions brought with respect to the same
occurrence.
(c) No Discount of Award for Noneconomic Damages.--In any
health care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of $250,000
shall be reduced either before the entry of judgment, or by
amendment of the judgment after entry of judgment, and such
reduction shall be made before accounting for any other
reduction in damages required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed $250,000,
the future noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each
party shall be liable for that party's several share of any
damages only and not for the share of any other person. Each
party shall be liable only for the amount of damages
allocated to such party in direct proportion to such party's
percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to
such party. For purposes of this section, the trier of fact
shall determine the proportion of responsibility of each
party for the claimant's harm.

SEC. __05. MAXIMIZING PATIENT RECOVERY.

(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the
effect of reducing the amount of damages awarded that are
actually paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in which the
attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power
to restrict the payment of a claimant's damage recovery to
such attorney, and to redirect such damages to the claimant
based upon the interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees for
representing all claimants in a health care lawsuit shall not
exceed the following limits:
(i) 40 percent of the first $50,000 recovered by the
claimant(s).
(ii) 33\1/3\ percent of the next $50,000 recovered by the
claimant(s).
(iii) 25 percent of the next $500,000 recovered by the
claimant(s).
(iv) 15 percent of any amount by which the recovery by the
claimant(s) is in excess of $600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to
authorize or approve a fee that is less than the maximum
permitted under this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence
in any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a health
care professional who--
(i) is appropriately credentialed or licensed in 1 or more
States to deliver health care services; and
(ii) typically treats the diagnosis or condition or
provides the type of treatment under review; and
(B) can demonstrate by competent evidence that, as a result
of training, education, knowledge, and experience in the
evaluation, diagnosis, and treatment of the disease or injury
which is the subject matter of the lawsuit against the
defendant, the individual was substantially familiar with
applicable standards of care and practice as they relate to
the act or omission which is the subject of the lawsuit on
the date of the incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness
under this subsection with respect to issues of negligence
concerning such treatment unless such individual is a
physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit
an expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.

SEC. __06. ADDITIONAL HEALTH BENEFITS.

(a) In General.--The amount of any damages received by a
claimant in any health care lawsuit shall be reduced by the
court by the amount of any collateral source benefits to
which the claimant is entitled, less any insurance premiums
or other payments made by the claimant (or by the spouse,
parent, child, or legal guardian of the claimant) to obtain
or secure such benefits.
(b) Preservation of Current Law.--Where a payor of
collateral source benefits has a right of recovery by
reimbursement or subrogation and such right is permitted
under Federal or State law, subsection (a) shall not apply.
(c) Application of Provision.--This section shall apply to
any health care lawsuit that is settled or resolved by a fact
finder.

SEC. __07. PUNITIVE DAMAGES.

(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person
acted with malicious intent to injure the claimant, or that
such person deliberately failed to avoid unnecessary injury
that such person knew the claimant was substantially certain
to suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially
filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the
claimant and after a finding by the court, upon review of
supporting and opposing affidavits or after a hearing, after
weighing the evidence, that the claimant has established by a
substantial probability that the claimant will prevail on the
claim for punitive damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and the
amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.

If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by
applicable State law, shall be inadmissible in any proceeding
to determine whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct of such
party;
(B) the duration of the conduct or any concealment of it by
such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures
rendered for compensation, as the case may be, by such party,
of the kind causing the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a
result of the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such
party as a result of the conduct complained of by the
claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to
two times the amount of economic damages awarded in the
lawsuit or $250,000, whichever is greater. The jury shall not
be informed of the limitation under the preceding sentence.

[[Page S1700]]

SEC. __08. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO
CLAIMANTS IN HEALTH CARE LAWSUITS.

(a) In General.--In any health care lawsuit, if an award of
future damages, without reduction to present value, equaling
or exceeding $50,000 is made against a party with sufficient
insurance or other assets to fund a periodic payment of such
a judgment, the court shall, at the request of any party,
enter a judgment ordering that the future damages be paid by
periodic payments in accordance with the Uniform Periodic
Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions
which have not been first set for trial or retrial before the
effective date of this title.

SEC. __09. EFFECT ON OTHER LAWS.

(a) Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law
applicable to a civil action brought for a vaccine-related
injury or death--
(A) this title shall not affect the application of the rule
of law to such an action; and
(B) any rule of law prescribed by this title in conflict
with a rule of law of such title XXI shall not apply to such
action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this title or otherwise
applicable law (as determined under this title) will apply to
such aspect of such action.
(b) Other Federal Law.--Except as provided in this section,
nothing in this title shall be deemed to affect any defense
available to a defendant in a health care lawsuit or action
under any other provision of Federal law.

SEC. __10. STATE FLEXIBILITY AND PROTECTION OF STATES'
RIGHTS.

(a) Health Care Lawsuits.--The provisions governing health
care lawsuits set forth in this title shall preempt, subject
to subsections (b) and (c), State law to the extent that
State law prevents the application of any provisions of law
established by or under this title. The provisions governing
health care lawsuits set forth in this title supersede
chapter 171 of title 28, United States Code, to the extent
that such chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this title; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--The provisions of
this title shall preempt any constitutional provision,
statute, or rule of State law, whether enacted prior to, on,
or after the date of enactment of this Act, that--
(1) prohibits the application of any limitation on the
amount of compensatory, punitive, or total damages in a
health care lawsuit; or
(2) provides for a greater amount of compensatory,
punitive, or total damages in a health care lawsuit than
those provided for under this title.
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this title
(including the State standards of negligence) shall be
governed by otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this title shall be
construed to--
(A) preempt or supersede any Federal or State law that
imposes greater procedural or substantive protections for a
health care provider from liability, loss, or damages than
those provided by this title;
(B) notwithstanding any other provision of this section,
preempt or supercede any State law that provides for a
specific monetary limit on total damages (including
compensatory damages) that may be awarded in a health care
lawsuit regardless of whether such monetary limit is greater
or lesser than is provided for under this title;
(C) create a cause of action that is not otherwise
available under Federal or State law; or
(D) affect the scope of preemption of any other Federal
law.

SEC. __11. APPLICABILITY; EFFECTIVE DATE.

This title shall apply to any health care lawsuit brought
in a Federal or State court, or subject to an alternative
dispute resolution system, that is initiated on or after the
date of the enactment of this Act, except that any health
care lawsuit arising from an injury occurring prior to the
date of enactment of this Act shall be governed by the
applicable statute of limitations provisions in effect at the
time the injury occurred.
______

SA 2625. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig))
proposed an amendment to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:

At the appropriate place, add the following:

SEC. 5. ARMOR PIERCING AMMUNITION.

(a) Unlawful Acts.--Section 922(a) of title 18, United
States Code, is amended by striking paragraphs (7) and (8)
and inserting the following:
``(7) for any person to manufacture or import armor
piercing ammunition, unless--
``(A) the manufacture of such ammunition is for the use of
the United States, any department or agency of the United
States, any State, or any department, agency, or political
subdivision of a State;
``(B) the manufacture of such ammunition is for the purpose
of exportation; or
``(C) the manufacture or importation of such ammunition is
for the purpose of testing or experimentation and has been
authorized by the Attorney General.
``(8) for any manufacturer or importer to sell or deliver
armor piercing ammunition, unless such sale or delivery--
``(A) is for the use of the United States, any department
or agency of the United States, any State, or any department,
agency, or political subdivision of a State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or experimentation and
has been authorized by the Attorney General.''.
(b) Penalties.--Section 924(c) of title 18, United States
Code, is amended by adding at the end the following:
``(5) Except to the extent that a greater minimum sentence
is otherwise provided under this subsection, or by any other
provision of law, any person who, during and in relation to
any crime of violence or drug trafficking crime (including a
crime of violence or drug trafficking crime that provides for
an enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries
armor piercing ammunition, or who, in furtherance of any such
crime, possesses armor piercing ammunition, shall, in
addition to the punishment provided for such crime of
violence or drug trafficking crime or conviction under this
section--
``(A) be sentenced to a term of imprisonment of not less
than 15 years;
``(B) if death results from the use of such ammunition--
``(i) if the killing is murder (as defined in section
1111), be punished by death or sentenced to a term of
imprisonment for any term of years or for life; and
``(ii) if the killing is manslaughter (as defined in
section 1112), be punished as provided in section 1112.''.
(c) Study and Report.--
(1) Study.--The Attorney General shall conduct a study to
determine whether a uniform standard for the uniform testing
of projectiles against Body Armor is feasible.
(2) Issues to be studied.--The study conducted under
paragraph (1) shall include--
(A) variations in performance that are related to the
length of the barrel of the handgun or centerfire rifle from
which the projectile is fired; and
(B) the amount of powder used to propel the projectile.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit a
report containing the results of the study conducted under
this subsection to--
(A) the chairman and ranking member of the Judiciary
Committee of the Senate; and
(B) the chairman and ranking member of the Judiciary
Committee of the House of Representatives.
______

SA 2626. Mr. FRIST (for himself and Mr. McConnell) proposed an
amendment to the bill S. 1805, to prohibit civil liability actions from
being brought or continued against manufacturers, distributors,
dealers, or importers of firearms or ammunition for damages resulting
from the misuse of their products by others; as follows:

At the end, add the following:

SEC. __. MAKING THE PROVISIONS OF THE VOTING RIGHTS ACT OF
1965 PERMANENT.

(a) Permanency of Preclearance Requirements.--Section
4(a)(8) of the Voting Rights Act of 1965 (42 U.S.C.
1973b(a)(8)) is amended to read as follows:
``(8) The provisions of this section shall not expire.''.
(b) Permanency of Bilingual Election Requirements.--Section
203(b)(1) of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-
1a(b)(1)) is amended by striking ``Before August 6, 2007, no
covered State'' and insert ``No covered State''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
______

SA 2627. Ms. MIKULSKI (for herself, Mr. Sarbanes, Mr. Lautenberg, Mr.
Corzine, and Mrs. Clinton) proposed an amendment to the bill S. 1805,
to prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages resulting from the misuse of their products
by others; as follows:

On page 8, line 22, strike ``or''.
On page 9, line 2, strike the period and insert ``; or''.
On page 9, between lines 2 and 3, insert the following:
``(vi) an action involving a shooting victim of John Allen
Muhammad or Lee Boyd Malvo.''.

[[Page S1701]]

______

SA 2628. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig))
proposed an amendment to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:

On page 8, line 22, strike ``or''.
On page 9, line 2, strike the period at the end and insert
``; or''.
On page 9, between lines 2 and 3, insert the following:
(vi) an action involving a shooting victim of John Allen
Muhammad or John Lee Malvo that meets 1 of the requirements
under clauses (i) through (v).
______

SA 2629. Mr. CORZINE (for himself, Mr. Lautenberg, Ms. Mikulski, Mr.
Kennedy, Mrs. Clinton, and Mrs. Boxer) submitted an amendment intended
to be proposed by him to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:

On page 11, after line 19, insert the following:

SEC. 5. LAW ENFORCEMENT EXCEPTION.

Notwithstanding any other provision of this Act, nothing in
this Act shall be construed as limiting the right of an
officer or employee of any Federal, State, or local law
enforcement agency to recover damages authorized under
Federal or State law.
______

SA 2630. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig))
proposed an amendment to the bill S. 1805, to prohibit civil liability
actions from being brought or continued against manufacturers,
distributors, dealers, or importers of firearms or ammunition for
damages resulting from the misuse of their products by others; as
follows:

On page 9, between lines 21 and 22, insert the following:
(E) Law enforcement exception.--Nothing in this Act shall
be construed to limit the right of an officer or employee of
any Federal, State, or local law enforcement agency to
recover damages authorized under Federal or State law in a
civil action that meets 1 of the requirements under clauses
(i) through (v) of subparagraph (A).

____________________