[Congressional Record Volume 140, Number 84 (Tuesday, June 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


                     PRODUCT LIABILITY FAIRNESS ACT

                                 ______


               LAUTENBERG (AND OTHERS) AMENDMENT NO. 1932

  (Ordered to lie on the table.)
  Mr. LAUTENBERG (for himself, Mr. Harkin, and Mr. Graham) submitted an 
amendment intended to be proposed by them to the bill (S. 687) to 
regulate interstate commerce by providing for a uniform product 
liability law, and for other purposes; as follows:

       At the appropriate place, insert the following new title:

         TITLE III--MEDICARE AND MEDICAID THIRD PARTY LIABILITY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Medicare and Medicaid 
     Third Party Liability Act''.

     SEC. 302. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) illnesses and diseases that result from the use of 
     tobacco products cost Federal Government health care programs 
     billions of dollars, including at least $16,000,000,000 in 
     the medicare program and $3,000,000,000 in the medicaid 
     program for inpatient hospital services in fiscal year 1994;
       (2) over the next 20 years, such illnesses and diseases 
     will cost the medicare trust funds at least $800,000,000,000;
       (3) in April 1994, the trustees of the medicare trust funds 
     concluded that such funds may be insolvent in 7 years, with 
     $128,000,000,000 of expenditures due to such illnesses and 
     diseases;
       (4) recent discoveries, including documents, patents and 
     patent applications, and testimony, have shown that--
       (A) the tobacco industry has known for years that the 
     nicotine in cigarettes is addictive,
       (B) the industry has attempted both to conceal this 
     information from the public and the Government and to 
     manipulate the amount of nicotine in cigarettes, and
       (C) it is possible to manufacture cigarettes which are far 
     less dangerous to consumers;
       (5) more than 36 percent of medicare recipients are former 
     smokers and 20 percent are current smokers;
       (6) approximately 43 percent of medicaid recipients smoke, 
     compared to 26 percent of the general public; and
       (7) the medicare population is much more at risk of 
     contracting illnesses and diseases that result from the use 
     of tobacco products than younger smokers, because such 
     population has smoked longer;
       (8) legal scholars and courts are increasingly agreeing 
     that it is appropriate to use statistical evidence to prove 
     causation; and
       (9) in view of the large number of Americans killed, 
     disabled, or otherwise injured each year as a result of 
     smoking cigarettes, the addictiveness of the nicotine in 
     cigarettes, and the absence of any significant benefits to 
     society from smoking, cigarettes are an unreasonably 
     dangerous product and cigarette manufacturers are engaged in 
     abnormally dangerous activities.
       (b) Purpose.--The purpose of this title is to allow the 
     American taxpayers to recoup billions of dollars in Federal 
     Government health care funds spent on tobacco related 
     illnesses and diseases.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco products, the Attorney General of the 
     United States may seek recovery for such payments from third 
     parties (or any successors to such third parties) that 
     manufacture tobacco products. The Attorney General (after 
     consultation with the appropriate Secretaries who administer 
     such programs) may bring an action in the name of the United 
     States in United States district court to recover such 
     payments made to or on behalf of all such recipients in one 
     proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of a tobacco product, the 
     Attorney General shall be allowed to proceed under a market 
     share theory, if the products involved are substantially 
     interchangeable and substantially similar factual or legal 
     issues would be involved in seeking recovery against each 
     liable third party individually. In the alternative, the 
     Attorney General shall be allowed to proceed under a theory 
     of concerted action or enterprise liability, or both, if 
     warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under sections 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                 ______


               LAUTENBERG (AND SIMON) AMENDMENT NO. 1933

  (Ordered to lie on the table.)
  Mr. LAUTENBERG (for himself and Mr. Simon) submitted an amendment 
intended to be proposed by them to the bill S.687, supra; as follows:

       At the end of the bill, add the following:

                          TITLE III--FIREARMS

     SEC. 301. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY 
                   PROVIDE FIREARMS TO JUVENILES, FELONS, AND 
                   OTHER DISQUALIFIED INDIVIDUALS.

       (a) Victim Compensation.--Section 924 of title 18, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(j)  Victim Compensation.--
       ``(1)  In general.--Any person who sells, delivers, or 
     otherwise transfers--
       ``(A) a firearm in violation of section 922(d) or section 
     922(b)(1); or
       ``(B) a handgun to a person who the transferor knows or has 
     reasonable cause to believe is a juvenile, except as provided 
     in paragraph (6),

     shall be liable for damages caused by a discharge of the 
     transferred firearm by the transferee.
       ``(2) Civil action.--An action to recover damages under 
     paragraph (1) may be brought in a United States district 
     court by, or on behalf of, any person, or the estate of any 
     person, who suffers damages resulting from bodily injury to 
     or the death of any person caused by a discharge of the 
     transferred firearm by the transferee.
       ``(3) Disentitlement to recovery.--There shall be no 
     liability under this subsection if it is established by a 
     preponderance of the evidence that--
       ``(A) the damages were suffered by a person who was engaged 
     in a criminal act against the person or property of another 
     at the time of the injury; or
       ``(B) the injury was self-inflicted, unless the plaintiff 
     establishes that, at the time of the transfer, the transferor 
     knew or had reasonable cause to believe that the transferee 
     had not attained the age of 18 years or had been adjudicated 
     as a mental defective or committed to a mental institution.
       ``(4) Period of liability.--No action under this subsection 
     may be brought for damages that are caused more than 5 years 
     after the date of the transfer of a firearm upon which an 
     action could otherwise be based.
       ``(5)  Attorney's fees and punitive damages.--A prevailing 
     plaintiff in an action under this subsection--
       ``(A) shall be awarded reasonable attorney's fees and 
     costs, and
       ``(B) may be awarded punitive damages.
       ``(6) Juveniles.--Paragraph (1)(B) does not apply to--
       ``(A) a temporary transfer of a handgun to a juvenile if 
     the handgun is used by the juvenile--
       ``(i) in the course of employment, in the course of 
     ranching or farming related to activities at the residence of 
     the juvenile (or on property used for ranching or farming 
     at which the juvenile, with the permission of the property 
     owner or lessee, is performing activities related to the 
     operation of the farm or ranch), target practice, hunting, 
     or a course of instruction in the safe and lawful use of a 
     handgun;
       ``(ii) with the prior written consent of the juvenile's 
     parent or guardian who is not prohibited by Federal, State, 
     or local law from possessing a firearm, except--
       ``(I) during transportation by the juvenile of an unloaded 
     handgun in a locked container directly from the place of 
     transfer to a place at which an activity described in clause 
     (i) is to take place and transportation by the juvenile of 
     that handgun, unloaded and in a locked container, directly 
     from the place at which such an activity took place to the 
     transferor; or
       ``(II) with respect to ranching or farming activities as 
     described in clause (i), with the prior written approval of 
     the juvenile's parent or legal guardian and at the direction 
     of an adult who is not prohibited by Federal, State, or local 
     law from possessing a firearm;
       ``(iii) if the juvenile keeps the prior written consent in 
     the juvenile's possession at all times when a handgun is in 
     the possession of the juvenile; and
       ``(iv) in accordance with State and local law;
       ``(B) issuance of a handgun to a juvenile who is a member 
     of the Armed Forces of the United States or the National 
     Guard who possesses or is armed with the handgun in the line 
     of duty;
       ``(C) a transfer by inheritance of title (but not 
     possession) of a handgun to a juvenile;
       ``(D) a delivery of a handgun by a juvenile to be used in 
     defense of the juvenile or other persons against an intruder 
     into the residence of the juvenile or a residence in which 
     the juvenile is an invited guest; or
       ``(E) a transfer of a handgun for consideration if the 
     transfer is made in accordance with State and local law and 
     with the prior consent of the juvenile's parent or legal 
     guardian who is not prohibited by Federal, State, or local 
     law from possessing a firearm.
       ``(7) Rule of construction.--Nothing in this subsection 
     shall be construed to limit or have any other effect on any 
     other cause of action available to any person.''.
       (b) Definition.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(30) The term `juvenile' means a person who is less than 
     18 years of age.''.
       (c) Application of Amendment.--The amendment made by 
     subsection (a) shall apply to damages resulting from a 
     firearm that was transferred as described in section 
     924(j)(1) of title 18, on or after the date of enactment of 
     this Act.
                                 ______


                     LAUTENBERG AMENDMENT NO. 1934

  (Ordered to lie on the table.)
  Mr. LAUTENBERG submitted an amendment intended to be proposed by him 
to the bill S. 687, supra; as follows:

       At the end of section 202, add the following:
       (d) Nonapplicability.--This section shall not apply to a 
     civil action for harm caused by a firearm that was 
     transferred unlawfully or negligently by a product seller.
                                 ______


                      LIEBERMAN AMENDMENT NO. 1935

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted an amendment intended to be proposed by him 
to the bill S. 687, supra; as follows:

       On page 16, beginning with line 20, strike out through line 
     8 on page 18 and insert the following:
       ``(b) Limitation Concerning Certain Drugs and Medical 
     Devices.--
       (1) A manufacturer or product seller of a drug (as defined 
     in section 201 (g) (1) of the Federal Food, Drug, and 
     Cosmetic Act; 21 U.S.C. 321 (g) (1)) or medical device (as 
     defined in section 201(h) of the Federal Food, Drug, and 
     Cosmetic Act; 21 U.S.C. 321(h)) which caused the claimant's 
     harm has not engaged in conduct manifesting conscious, 
     flagrant indifference to the safety of those persons who 
     might be harmed by the product, and shall not be subject to 
     an award of punitive damages pursuant to this section, 
     where--
       (A) such drug or device was subject to pre-market approval 
     by the Food and Drug Administration pursuant to section 505 
     (as amended by the New Drug Amendments of 1962, P.L. 87-781), 
     506, 507, 512, or 515 of the Federal Food, Drug, and 
     Costmetic Act (21 U.S.C. 355, 356, 357, 360b, or 360e) or 
     section 351 of the Public Health Service Act (42 U.S.C. 262) 
     with respect to the safety of the formulation or performance 
     of the aspect of such drug or device which caused the 
     claimant's harm or the adequacy of the packaging of labeling 
     of such drug or device, and such drug or device was actually 
     approved by the Food and Drug Administration; or
       (B) the drug or device is generally recognized as safe and 
     effective pursuant to conditions established by the Food and 
     Drug Administration and applicable regulations, including 
     packaging and labeling regulations.
       (2) The provisions of paragraph (1) shall not apply in any 
     case in which the claimant proves by a preponderance of 
     evidence that--
       (A) (i) the defendant, before or after pre-market approval 
     of a drug or device, failed to submit or misrepresented to 
     the Food and Drug Administration or any other agency or 
     official of the Federal government required information, 
     including required information regarding any death or other 
     adverse experience associated with use of the drug or device, 
     and (ii) the information that defendant failed to submit or 
     misrepresented is material and relevant to the performance of 
     such drug or device and is causally related to the harm which 
     the claimant allegedly suffered; or
       (B) the defendant made an illegal payment to an official of 
     the Food and Drug Administration for the purpose of either 
     securing or maintaining approval of such drug or device; or
       (C) the Food and Drug Administration has determined in a 
     formal administrative proceeding (by a final order not 
     subject to further review) or a court has determined in an 
     action brought by the United States (by a final judgement not 
     subject to further review) that the drug or device failed to 
     conform to conditions of the Food and Drug Administration for 
     approval (except for changes permitted without prior approval 
     under applicable law, including Food and Drug Administration 
     regulations), and such failure is causally related to the 
     harm which the claimant allegedly suffered.
       (3) The provisions of paragraph (1) shall not apply with 
     respect to a claim for punitive damages based on a defect in 
     manufacturing which causes the drug or device to depart from 
     its intended design.''
                                 ______


                       GRAHAM AMENDMENT NO. 1936

  (Ordered to lie on the table.)
  Mr. GRAHAM submitted an amendment intended to be proposed by him to 
the bill S. 687, supra; as follows:

       On page 7, line 13, beginning with the comma strike out all 
     through ``blood products'' on line 14.
                                 ______


                      FEINSTEIN AMENDMENT NO. 1937

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill S. 687, supra; as follows:

       (a) Any corporation, or person who is a manager with 
     respect to a product, facility, equipment or process, is 
     guilty of a criminal offense punishable by imprisonment for a 
     term not exceeding three years or by a fine not exceeding 
     twenty-five thousand dollars both that fine and imprisonment; 
     but if the defendant is a corporation the fine shall not 
     exceed one million dollars ($1,000,000), if that corporation 
     or person does all of the following:
       (1) Has actual knowledge of a serious concealed danger that 
     is subject to the regulatory authority of a state or federal 
     agency and is associated with that product or a component of 
     that product or business practice.
       (2) Knowingly fails during the period ending 15 days after 
     the actual knowledge is acquired, or if there is imminent 
     risk of great bodily harm or death, immediately, to do both 
     of the following.
       (A) Inform the appropriate government agency in writing, 
     unless the corporation or manager has actual knowledge that 
     the division has been so informed.
       Where the concerned danger reported pursuant to this 
     paragraph is subject to the regulatory authority of an agency 
     other than the agency to which it was reported, it shall be 
     the responsibility of the agency which has received the 
     information, within 24 hours of receipt of the information, 
     to telephonically notify the appropriate government agency of 
     the hazard, and promptly forward any written notification 
     received.
       (B) Warn its affected employees in writing, unless the 
     corporation or manager has actual knowledge that the 
     employees have been so warned.
       The requirement for disclosure is not applicable if the 
     hazard is abated within the time prescribed for reporting, 
     unless the appropriate regulatory agency nonetheless requires 
     disclosure by regulation.
       Where the appropriate government agency was not notified, 
     but the corporation or manager reasonably and in good faith 
     believed that they were complying with the notification 
     requirements of this section by notifying another government 
     agency, as listed in paragraph (8), no penalties shall apply.
       (b) As used in this section:
       (1) ``Manager'' means person having both the following:
       (A) Management authority in or as a business entity.
       (B) Significant responsibility for any aspect of a business 
     which includes actual authority for the safety of a product 
     or business practice or for the conduct of research or 
     testing in connection with a product or business practice.
       (2) ``Product'' means an article of trade or commerce or 
     other item of merchandise which is a tangible or an 
     intangible good, and includes services.
       (3) ``Actual knowledge,'' used with respect to a seriously 
     concealed danger, means has information that would convince a 
     reasonable person in the circumstances in which the manager 
     is situated that the serious concealed danger exists.
       (4) ``Serious concealed danger,'' used with respect to a 
     product or business practice, means that the normal or 
     reasonably foreseeable use of, or the exposure of an 
     individual to, the product or business practice creates a 
     substantial probability of death, great bodily harm; or 
     serious exposure to an individual, and the danger is not 
     readily apparent to an individual who is likely to be 
     exposed.
       (5) ``Great bodily harm'' means a significant or 
     substantial physical in).
       (6) ``Serious exposure'' means any exposure to a hazardous 
     substance, when the exposure occurs as a result of an 
     incident or exposure over time and to a degree or in an 
     amount sufficient to create a substantial probability that 
     death or great bodily harm in the future would result from 
     the exposure.
       (7) ``Warn its affected employees'' means given sufficient 
     description of the serious concealed danger to all 
     individuals working for or in the business entity who are 
     likely to be subject to the serious concealed danger in the 
     course of that work to make those individuals aware of that 
     danger.
       (8) ``Appropriate government agency'' means any state of 
     federal agency, including but not limited to those on the 
     following list, that has regulatory authority with respect to 
     the product or business practice and serious concealed 
     dangers of the sort discovered:
       (A) The U.S. Department of Health and Human Services.
       (B) The U.S. Department of Agriculture.
       (C) The U.S. Consumer Product Safety Commission.
       (D) The United States Food and Drug Administration.
       (E) The United States Environmental Protection Agency.
       (F) The National Highway Traffic Safety Administration.
       (G) The Federal Trade Commission.
       (H) The Nuclear Regulatory Commission.
       (I) The Federal Aviation Administration.
       (J) The Federal Mine Safety and Health Review Commission.
       (c) Notification received pursuant to and in compliance 
     with this section shall not be used against any manager in 
     any criminal case, except in a prosecution for perjury or for 
     giving a false statement.
                                 ______


               LIEBERMAN (AND OTHERS) AMENDMENT NO. 1938

  Mr. LIEBERMAN (for himself, Mr. Rockefeller, and Mr. Gorton) proposed 
an amendment to the bill S. 687, supra; as follows:

       On page 8, line 20, after the period insert the following: 
     ``A civil action for negligent entrustment is not subject to 
     this Act and shall be governed by applicable State law. For 
     purposes of the preceding sentence, the term ``negligent 
     entrustment'' means causes of action under applicable State 
     law that subject product sellers to liability for their 
     failure to meet the applicable standard of care under State 
     law in selling a product to a person who, because of his 
     youth, inexperience, or otherwise, is likely to handle the 
     product in a manner to cause harm to himself or others.
                                 ______


                       SPECTER AMENDMENT NO. 1939

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill S. 687, supra; as follows:

       Strike the text of the amendment and insert the following: 
     Strike page 25, line 22 through page 27, line 16 of the bill 
     and insert in lieu thereof the following:
       ``(a) In General.--(1) An employer or workers' compensation 
     insurer of an employer shall have a right of subrogation 
     against the net recovery obtained by an employee for harm 
     caused to an employee by a product if the harm is one for 
     which a civil action has been brought pursuant to this Act. 
     The amount subject to subrogation shall be the amount paid as 
     workers' compensation benefits to which the employee is or 
     would be entitled to receive and the present value of such 
     workers' compensation benefits as determined by the 
     appropriate workers' compensation authority.
       ``(2) If the net amount recovered by the employee is 
     insufficient to satisfy the subrogation lien of the employer 
     or the employer's workers' compensation insurer in full and 
     to compensate the employee adequately, the lien shall be 
     fully satisfied by payment equal to one-half of the 
     employee's net recovery.
       ``(3) In any proceeding against or settlement with the 
     manufacturer or product seller, the employer or the workers' 
     compensation insurer of the employer shall have an 
     opportunity to participate and to assert a right of 
     subrogation upon any recovery and to assert a right of 
     subrogation upon any recovery obtained from the manufacturer 
     or product seller by reason of such harm, whether paid in 
     settlement, in satisfaction of judgment, as consideration for 
     covenant not to sue, or otherwise. The employee shall not 
     make any settlement with or accept any recovery from the 
     manufacturer or product seller without the written consent of 
     the employer and no release to or agreement with the 
     manufacturer or product seller shall be valid or enforceable 
     for any purpose without such consent. However, the preceding 
     sentence shall not apply if the employer or its workers' 
     compensation insurer is made whole for all benefits paid in 
     workers' compensation benefits or if the provisions of 
     subsection (a)(2) of this section apply.
       ``(4) If the manufacturer or product seller attempts to 
     persuade the trier of fact that the claimant's harm was 
     caused by the fault of the claimant's employer or 
     coemployees, then the issue of whether the claimant's harm 
     was caused by the claimant's employer or coemployees shall be 
     submitted to the trier of fact. If the manufacturer or 
     product seller so attempts to persuade the trier of fact, it 
     shall provide written notice to the employer. The employer 
     shall have the right to appear, to be represented, to conduct 
     discovery, to introduce evidence, to cross-examine adverse 
     witnesses,''.
                                 ______


                      HOLLINGS AMENDMENT NO. 1940

  Mr. HOLLINGS proposed an amendment to amendment No. 1938 proposed by 
Mr. Lieberman to the bill S. 687, supra; as follows:

       At the end of the amendment add the following new section:

     SEC.   . PRODUCT LIABILITY INSURANCE REPORTING.

       (a) Report to Congress. The Secretary of Commerce 
     (hereafter in this section referred to as the ``Secretary'') 
     shall provide to the Congress before June 30 of each year 
     after the date of enactment of this Act a report analyzing 
     the impact of this Act on insurers which issue product 
     liability insurance either separately or in conjunction with 
     other insurance; and on self-insurers, captive insurers, and 
     risk retention groups.
       (b) Collection of Data.--To carry out the purpose of this 
     section, the Secretary shall collect from each insurer all 
     data considered necessary by the Secretary to present and 
     analyze fully the impact of this Act on such insurers.
       (c) Regulations.--Within 120 days after the date of 
     enactment of this Act, the Secretary shall issue such 
     regulations as may be necessary to implement the purposes, 
     and carry out the provisions, of this section. Such 
     regulations shall be promulgated in accordance with section 
     553 of title 5, United States Code. Such regulations shall--
       (1) require the reporting of information sufficiently 
     comprehensive to make possible a full evaluation of the 
     impact of this Act on such insurers;
       (2) specify the information to be provided by such insurers 
     and the format of such information, taking into account 
     methods to minimize the paperwork and cost burdens on such 
     insurers and the Federal Government; and
       (3) provide, to the maximum extent practicable, that such 
     information is obtained from existing sources, including, but 
     not limited to, State insurance commissioners, recognized 
     insurance statistical agencies, the Administrative Office of 
     the United States Courts, and the National Center for State 
     Courts.
       (d) Subpoena.--The Secretary may subpoena witnesses and 
     records related to the report required under this section 
     from any place in the United States. If a witness disobeys 
     such a subpoena, the Secretary may petition any district 
     court of the United States to enforce such subpoena. The 
     court may punish a refusal to obey an order of the court to 
     comply with such a subpoena as a contempt of court.
                                 ______


                 GORTON (AND OTHERS) AMENDMENT NO. 1941

  Mr. GORTON (for himself, Mr. Lieberman, and Mrs. Feinstein) proposed 
an amendment to the bill S. 687, supra; as follows:

       On page 19, beginning with line 7, strike out through line 
     6 on page 20 and insert the following:
       (b) Limitation Concerning Certain Drugs and Medical 
     Devices.--
       (1) A manufacturer or product seller of a drug (as defined 
     in section 201(g)(1) of the Federal Food, Drug, and Cosmetic 
     Act; 21 U.S.C. 321(g)(1)) or medical device (as defined in 
     section 201(h) of the Federal Food, Drug, and Cosmetic Act; 
     21 U.S.C. 321(h)) which caused the claimant's harm has not 
     engaged in conduct manifesting conscious, flagrant 
     indifference to the safety of those persons who might be 
     harmed by the product, and shall not be subject to an award 
     of punitive damages pursuant to this section, where--
       (A) such drug or device was subject to pre-market approval 
     by the Food and Drug Administration pursuant to section 505 
     (as amended by the New Drug Amendments of 1962, P.L. 87-781), 
     506, 507, 512, or 515 of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 355, 356, 357, 360b, or 360e) or section 351 
     of the Public Health Service Act (42 U.S.C. 262) with respect 
     to the safety of the formulation or performance of the aspect 
     of such drug or device which caused the claimant's harm or 
     the adequacy of the packaging of labeling of such drug or 
     device, and such drug or device was actually approved by the 
     Food and Drug Administration; or
       (B) the drug or device is generally recognized as safe and 
     effective pursuant to conditions established by the Food and 
     Drug Administration and applicable regulations, including 
     packaging and labeling regulations.
       (2) The provisions of paragraph (1) shall not apply in any 
     case in which the claimant proves by a preponderance of 
     evidence that--
       (A)(i) the defendant, before or after pre-market approval 
     of a drug or device, failed to submit or misrepresented to 
     the Food and Drug Administration or any other agency or 
     official of the Federal government required information, 
     including required information regarding any death or other 
     adverse experience associated with use of the drug or device, 
     and (ii) the information that defendant failed to submit or 
     misrepresented is material and relevant to the performance of 
     such drug or device and is causally related to the harm which 
     the claimant allegedly suffered; or
       (B) the defendant made an illegal payment to an official of 
     the Food and Drug Administration for the purpose of either 
     securing or maintaining approval of such drug or device; or
       (C) the Food and Drug Administration has determined in a 
     formal administrative proceeding (by a final order not 
     subject to further review) or a court has determined in an 
     action brought by the United States (by a final judgment not 
     subject to further review) that the drug or device failed to 
     conform to conditions of the Food and Drug Administration for 
     approval (except for changes permitted without prior approval 
     under applicable law, including Food and Drug Administration 
     regulations), and such failure is causally related to the 
     harm which the claimant allegedly suffered.
       (3) The provisions of paragraph (1) shall not apply with 
     respect to a claim for punitive damages based on a defect in 
     manufacturing which causes the drug or device to depart from 
     its intended design.
                                 ______


                      FEINSTEIN AMENDMENT NO. 1942

  Mr. ROCKEFELLER (for Mrs. Feinstein) proposed an amendment to 
amendment No. 1941 proposed by Mr. Gorton to the bill S. 687, supra; as 
follows:

       Insert in the appropriate place:
       (a) Any corporation, or person who is a manager with 
     respect to a product, facility, equipment, process, is guilty 
     of a criminal offense punishable by imprisonment for a term 
     not exceeding three years, or by a fine not exceeding twenty-
     five thousand dollars ($25,000), or by both that fine and 
     imprisonment; but if the defendant is a corporation the fine 
     shall not exceed one million dollars ($1,000,000), if that 
     corporation or person does all of the following:
       (1) Has actual knowledge of a serious concealed danger that 
     is subject to the regulatory authority of a state of federal 
     agency and is associated with that product or a component of 
     that product or business practice.
       (2) Knowingly fails during the period ending 15 days after 
     the actual knowledge is acquired, or if there is imminent 
     risk of great bodily harm or death, immediately, to do both 
     of the following:
       (A) Inform the appropriate government agency in writing, 
     unless the corporation or manager has actual knowledge that 
     the division has been so informed.
       Where the concealed danger reported pursuant to this 
     paragraph is subject to the regulatory authority of an agency 
     other than the agency to which it was reported, it shall be 
     the responsibility of the agency which has received the 
     information, within 24 hours of receipt of the information, 
     to telephonically notify the appropriate government agency of 
     the hazard, and promptly forward any written notification 
     received.
       (B) Warn its affected employees in writing, unless the 
     corporation or manager has actual knowledge that the 
     employees have been so warned.
       The requirement for disclosure is not applicable if the 
     hazard is abated within the time prescribed for reporting, 
     unless the appropriate regulatory agency nonetheless requires 
     disclosure by regulation.
       Where the appropriate government agency was not notified, 
     but the corporation or manager reasonably and in good faith 
     believed that they were complying with the notification 
     requirements of this section by notifying another government 
     agency, as listed in paragraph (8), no penalties shall apply.
       (b) As used in this section:
       (1) ``Manager'' means a person having both of the 
     following:
       (A) Management authority in or as a business entity.
       (B) Significant responsibility for any aspect of a business 
     which includes actual authority for the safety of a product 
     or business practice or for the conduct of research or 
     testing in connection with a product or business practice.
       (2) ``Product'' means an article of trade or commerce or 
     other item of merchandise which is a tangible or an 
     intangible good, and includes services.
       (3) ``Actual knowledge,'' used with respect to a seriously 
     concealed danger, means has information that would convince a 
     reasonable person in the circumstances in which the manager 
     is situated that the serious concealed danger exists.
       (4) ``Serious concealed danger,'' used with respect to a 
     product or business practice, means that the normal or 
     reasonably foreseeable use of, or the exposure of an 
     individual to, the product or business practice creates a 
     substantial probability of death, great bodily harm, or 
     serious exposure to an individual, and the danger is not 
     readily apparent to an individual who is likely to be 
     exposed.
       (5) ``Great bodily harm'' means a significant or 
     substantial physical injury.
       (6) ``Serious exposure'' means any exposure to a hazardous 
     substance, when the exposure occurs as a result of an 
     incident or exposure over time and to a degree or in an 
     amount sufficient to create a substantial probability that 
     death or great bodily harm in the future would result from 
     the exposure.
       (7) ``Warn its affected employees'' means give sufficient 
     description of the serious concealed danger to all 
     individuals working for or in the business entity who are 
     likely to be subject to the serious concealed danger in the 
     course of that work to make those individuals aware of that 
     danger.
       (8) ``Appropriate government agency'' means any state or 
     federal agency, including but not limited to those on the 
     following list, that has regulatory authority with respect to 
     the product or business practice and serious concealed 
     dangers of the sort discovered:
       (A) The U.S. Department of Health and Human Services.
       (B) The U.S. Department of Agriculture.
       (C) The U.S. Consumer Product Safety Commission.
       (D) The United States Food and Drug Administration.
       (E) The United States Environmental Protection Agency.
       (F) The National Highway Traffic Safety Administration.
       (G) The Federal Trade Commission.
       (H) The Nuclear Regulatory Commission.
       (I) The Federal Aviation Administration.
       (J) The Federal Mine Safety and Health Review Commission.
       (c) Notification received pursuant to and in compliance 
     with this section shall not be used against any manager in 
     any criminal case, except in a prosecution for perjury or for 
     giving a false statement.
                                 ______


                        FORD AMENDMENT NO. 1943

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to an 
amendment by Mr. Metzenbaum to the bill S. 687, supra; as follows:

       On page 1, beginning on line 2, strike ``REGULATION OF 
     TOBACCO PRODUCTS'' and all that follows through page 3, line 
     5, and insert the following: ``MEDICAL DEVICES

     ``SEC.   . TIME LINES ON APPROVAL OF MEDICAL DEVICES.

       ``(a) Definitions.--For purposes of this section:
       ``(1) Device.--The term `device' has the meaning given the 
     term in section 201(h) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(h)).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(b) In General.--The Secretary shall, under the authority 
     of the Secretary to approve a device under the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 201 et seq.) and not later 
     than 180 days from the date of the receipt of an application 
     for approval of such device, approve or deny such 
     application. The action of the Secretary with respect to the 
     approval or denial of an application under this section is 
     subject to administrative review.
       ``(c) Remedies.--
       ``(1) In general.--If the Secretary fails to approve or 
     deny an application for approval of a device within the 180-
     day period under subsection (b), the Secretary shall, in 
     accordance with a determination made by an administrative law 
     judge under paragraph (2), pay damages to the applicant in an 
     amount described under paragraph (3).
       ``(2) Determination of damages.--The amount of damages 
     awarded to an applicant under this section shall be 
     determined by an administrative law judge based on evidence 
     submitted by the applicant.
       ``(3) Computation of damages.--
       ``(A) In general.--The amount of damages awarded to an 
     applicant under this section shall be computed and awarded in 
     accordance with the formula under subparagraph (B).
       ``(B) Formula.--The amount of damages awarded under this 
     section shall be equal to the total of the loss profits of 
     the applicant during the period beginning on the date that is 
     181 days from receipt of an application for approval under 
     subsection (b) and ending on the date on which such 
     application is approved or denied.
       ``(4) Special rule.--
       ``(A) In general.--If a finding is made under a proceeding 
     in an administrative review (described in subsection (b)) 
     that the Secretary denied an application under subsection (b) 
     only for the purpose of meeting the 180-day period described 
     in such subsection, the applicant shall be awarded an amount 
     of damages that is three times the amount computed under 
     paragraph (3).
       ``(B) Computation of damages.--Subject to subparagraph (A), 
     the damages awarded under this paragraph shall be awarded and 
     computed in accordance with paragraph (3).
       ``(C) Effective date of denial.--For the purposes of the 
     awarding of damages under this paragraph, an application 
     described in subsection (b) shall be considered to have been 
     denied on the date the finding is made under subparagraph 
     (A).
       ``(d) Additional Uses of Approved Devices.--A device 
     approved under this section may be used for a use that is not 
     approved by the Secretary without additional approval from 
     the Secretary. The Secretary may require notification with 
     respect to the nonapproved use of an approved device.
       ``(e) New Uses of Approved Devices.--The Secretary may not 
     prohibit the manufacturer or user of a device from informing 
     each other about new uses for approved devices.
       ``(f) Agency Liability.--The Department of Health and Human 
     Services shall be liable for damages in civil actions filed 
     by or on behalf of an individual or estate of a deceased 
     individual for injury or death that is attributable to the 
     failure of the Secretary to approve a device under subsection 
     (b).''.
                                 ______


                        FORD AMENDMENT NO. 1944

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to an 
amendment to the bill S. 687, supra; as follows:

       On page 3, strike lines 3 through 5 , and insert the 
     following: ``Federal Food, Drug, and Cosmetic Act over 
     products containing tobacco which the Secretary has without 
     the enactment of this section.

     ``SEC.   . TIME LINES ON APPROVAL OF MEDICAL DEVICES.

       ``(a) Definitions.--For purposes of this section:
       ``(1) Device.--The term `device' has the meaning given the 
     term in section 201(h) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321(h)).
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(b) In General.--The Secretary shall, under the authority 
     of the Secretary to approve a device under the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 201 et seq.) and not later 
     than 180 days from the date of the receipt of an application 
     for approval of such device, approve or deny such 
     application. The action of the Secretary with respect to the 
     approval or denial of an application under this section is 
     subject to administrative review.
       ``(c) Remedies.--
       ``(1) In general.--If the Secretary fails to approve or 
     deny an application for approval of a device within the 180-
     day period under subsection (b), the Secretary shall, in 
     accordance with a determination made by an administrative law 
     judge under paragraph (2), pay damages to the applicant in an 
     amount described under paragraph (3).
       ``(2) Determination of damages.--The amount of damages 
     awarded to an applicant under this section shall be 
     determined by an administrative law judge based on evidence 
     submitted by the applicant.
       ``(3) Computation of damages.--
       ``(A) In general.--The amount of damages awarded to an 
     applicant under this section shall be computed and awarded in 
     accordance with the formula under subparagraph (B).
       ``(B) Formula.--The amount of damages awarded under this 
     section shall be equal to the total of the loss profits of 
     the applicant during the period beginning on the date that is 
     181 days from receipt of an application for approval under 
     subsection (b) and ending on the date on which such 
     application is approved or denied.
       ``(4) Special rule.--
       ``(A) In general.--If a finding is made under a proceeding 
     in an administrative review (described in subsection (b)) 
     that the Secretary denied an application under subsection (b) 
     only for the purpose of meeting the 180-day period described 
     in such subsection, the applicant shall be awarded an amount 
     of damages that is three times the amount computed under 
     paragraph (3).
       ``(B) Computation of damages.--Subject to subparagraph (A), 
     the damages awarded under this paragraph shall be awarded and 
     computed in accordance with paragraph (3).
       ``(C) Effective date of denial.--For the purposes of the 
     awarding of damages under this paragraph, an application 
     described in subsection (b) shall be considered to have been 
     denied on the date the finding is made under subparagraph 
     (A).
       ``(d) Additional Uses of Approved Devices.--A device 
     approved under this section may be used for a use that is not 
     approved by the Secretary without additional approval from 
     the Secretary. The Secretary may require notification with 
     respect to the nonapproved use of an approved device.
       ``(e) New Uses of Approved Devices.--The Secretary may not 
     prohibit the manufacturer or user of a device from informing 
     each other about new uses for approved devices.
       ``(f) Agency Liability.--The Department of Health and Human 
     Services shall be liable for damages in civil actions filed 
     by or on behalf of an individual or estate of a deceased 
     individual for injury or death that is attributable to the 
     failure of the Secretary to approve a device under subsection 
     (b).''.
                                 ______


                FORD (AND McCONNELL) AMENDMENT NO. 1945

  (Ordered to lie on the table.)
  Mr. FORD (for himself and Mr. McConnell) submitted an amendment 
intended to be proposed by them to an amendment by Mr. Metzenbaum to 
the bill S. 687, supra; as follows:

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

     SEC.   . INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following new section:


             ``interstate transportation of municipal waste

       ``Sec. 4011. (a) Authority to Restrict Out-of-State 
     Municipal Waste.--If requested in writing by an affected 
     local government, and by an affected local solid waste 
     planning unit if the local solid waste planning unit exists 
     under State law, a Governor may prohibit the disposal of out-
     of-State municipal waste in any landfill or incinerator that 
     is subject to the jurisdiction of the Governor or the 
     affected local government.
       ``(b) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means the elected 
     officials of the city, town, borough, county, or parish in 
     which the facility is located.
       ``(B) Within 90 days after the date of enactment of this 
     section, the Governor shall designate which entity listed in 
     subparagraph (A) shall serve as the affected local government 
     for actions taken under this section. If the Governor fails 
     to make a designation, the affected local government shall be 
     the city, town, borough, county, parish, or other public body 
     created pursuant to State law, with primary jurisdiction over 
     the land or the use of land on which the facility is located.
       ``(2) The term `affected local solid waste planning unit' 
     means a political subdivision of a State with authority 
     relating to solid waste management planning in accordance 
     with State law.
       ``(3) The term `municipal waste' means refuse (and refuse-
     derived fuel) generated by the general public or from a 
     residential, commercial, institutional, or industrial source 
     (or any combination thereof), consisting of paper, wood, yard 
     wastes, plastics, leather, rubber, or other combustible or 
     noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal waste' does not 
     include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal waste (as otherwise defined in this paragraph) and 
     has been transported into a State for the purpose of 
     recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator or a company with which the generator is 
     affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal waste (as otherwise defined in this paragraph) with 
     respect to the physical and chemical state of the industrial 
     waste, and composition, including construction and demolition 
     debris;
       ``(G) any medical waste that is segregated from or not 
     mixed with municipal waste (as otherwise defined in this 
     paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4) The term `out-of-State municipal waste', used with 
     respect to a State, means municipal waste generated outside 
     of the State. To the extent that it is consistent with the 
     United States-Canada Free-Trade Agreement and the General 
     Agreement on Tariffs and Trade to so define the term, the 
     term shall include municipal waste generated outside of the 
     United States.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
     6901) is amended by adding at the end of the items relating 
     to subtitle D the following new item:

``Sec. 4011. Interstate transportation of municipal waste.''.
                                 ______


           FORD (AND McCONNELL) AMENDMENTS NOS. 1946 and 1947

  (Ordered to lie on the table.)
  Mr. FORD (for himself and Mr. McConnell) submitted two amendments 
intended to be proposed by them to an amendment by Mr. Harkin to the 
bill S. 687, supra; as follows:

                           Amendment No. 1946

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

     SEC.   . INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following new section:


             ``interstate transportation of municipal waste

       ``Sec. 4011. (a) Authority to Restrict Out-of-State 
     Municipal Waste.--If requested in writing by an affected 
     local government, and by an affected local solid waste 
     planning unit if the local solid waste planning unit exists 
     under State law, a Governor may prohibit the disposal of out-
     of-State municipal waste in any landfill or incinerator that 
     is subject to the jurisdiction of the Governor or the 
     affected local government.
       ``(b) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means the elected 
     officials of the city, town, borough, county, or parish in 
     which the facility is located.
       ``(B) Within 90 days after the date of enactment of this 
     section, the Governor shall designate which entity listed in 
     subparagraph (A) shall serve as the affected local government 
     for actions taken under this section. If the Governor fails 
     to make a designation, the affected local government shall be 
     the city, town, borough, county, parish, or other public body 
     created pursuant to State law, with primary jurisdiction over 
     the land or the use of land on which the facility is located.
       ``(2) The term `affected local solid waste planning unit' 
     means a political subdivision of a State with authority 
     relating to solid waste management planning in accordance 
     with State law.
       ``(3) The term `municipal waste' means refuse (and refuse-
     derived fuel) generated by the general public or from a 
     residential, commercial, institutional, or industrial source 
     (or any combination thereof), consisting of paper, wood, yard 
     wastes, plastics, leather, rubber, or other combustible or 
     noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal waste' does not 
     include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal waste (as otherwise defined in this paragraph) and 
     has been transported into a State for the purpose of 
     recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator or a company with which the generator is 
     affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal waste (as otherwise defined in this paragraph) with 
     respect to the physical and chemical state of the industrial 
     waste, and composition, including construction and demolition 
     debris;
       ``(G) any medical waste that is segregated from or not 
     mixed with municipal waste (as otherwise defined in this 
     paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4) The term `out-of-State municipal waste', used with 
     respect to a State, means municipal waste generated outside 
     of the State. To the extent that it is consistent with the 
     United States-Canada Free-Trade Agreement and the General 
     Agreement on Tariffs and Trade to so define the term, the 
     term shall include municipal waste generated outside of the 
     United States.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
     6901) is amended by adding at the end of the items relating 
     to subtitle D the following new item:

``Sec. 4011. Interstate transportation of municipal waste.''.

                                  ____


                           Amendment No. 1947

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

     SEC.   . INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following new section:


             ``interstate transportation of municipal waste

       ``Sec. 4011. (a) Authority to Restrict Out-of-State 
     Municipal Waste.--If requested in writing by an affected 
     local government, and by an affected local solid waste 
     planning unit if the local solid waste planning unit exists 
     under State law, a Governor may prohibit the disposal of out-
     of-State municipal waste in any landfill or incinerator that 
     is subject to the jurisdiction of the Governor or the 
     affected local government.
       ``(b) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means the elected 
     officials of the city, town, borough, county, or parish in 
     which the facility is located.
       ``(B) Within 90 days after the date of enactment of this 
     section, the Governor shall designate which entity listed in 
     subparagraph (a) shall serve as the affected local government 
     for actions taken under this section. If the Governor fails 
     to make a designation, the affected local government shall be 
     the city, town, borough, county, parish, or other public body 
     created pursuant to State law, with primary jurisdiction over 
     the land or the use of land on which the facility is located.
       ``(2) The term `affected local solid waste planning unit' 
     means a political subdivision of a State with authority 
     relating to solid waste management planning in accordance 
     with State law.
       ``(3) The term `municipal waste' means refuse (and refuse-
     derived fuel) generated by the general public or from a 
     residential, commercial, institutional, or industrial source 
     (or any combination thereof), consisting of paper, wood, yard 
     wastes, plastics, leather, rubber, or other combustible or 
     noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal waste' does not 
     include--
       ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
       ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
       ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal waste (as otherwise defined in this paragraph) and 
     has been transported into a State for the purpose of 
     recycling or reclamation;
       ``(D) any solid waste that is--
       ``(i) generated by an industrial facility; and
       ``(ii) transported for the purpose of treatment, storage, 
     or disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator or a company with which the generator is 
     affiliated;
       ``(E) any solid waste generated incident to the provision 
     of service in interstate, intrastate, foreign, or overseas 
     air transportation;
       ``(F) any industrial waste that is not identical to 
     municipal waste (as otherwise defined in this paragraph) with 
     respect to the physical and chemical state of the industrial 
     waste, and composition, including construction and demolition 
     debris;
       ``(G) any medical waste that is segregated from or not 
     mixed with municipal waste (as otherwise defined in this 
     paragraph); or
       ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4) The term `out-of-State municipal waste', used with 
     respect to a State, means municipal waste generated outside 
     of the State. To the extent that it is consistent with the 
     United States-Canada Free-Trade Agreement and the General 
     Agreement on Tariffs and Trade to so define the term, the 
     term shall include municipal waste generated outside of the 
     United States.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
     6901) is amended by adding at the end of the items relating 
     to subtitle D the following new item:

``Sec. 4011. Interstate transportation of municipal waste.''.
                                 ______


                FORD (AND McCONNELL) AMENDMENT NO. 1948

  (Ordered to lie on the table.)
  Mr. FORD (for himself and Mr. McConnell) submitted an amendment 
intended to be proposed by them to amendment No. 1922 proposed by Mr. 
Metzenbaum to the bill S. 687, supra; as follows:

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

     SEC. ____. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following new section:


             ``interstate transportation of municipal waste

       ``Sec. 4011. (a) Authority to Restrict Out-of-State 
     Municipal Waste.--If requested in writing by an affected 
     local government, and by an affected local solid waste 
     planning unit if the local solid waste planning unit exists 
     under State law, a Governor may prohibit the disposal of out-
     of-State municipal waste in any landfill or incinerator that 
     is subject to the jurisdiction of the Governor or the 
     affected local government.
       ``(b) Definitions.--As used in this section:
       ``(1)(A) The term `affected local government', used with 
     respect to a landfill or incinerator, means the elected 
     officials of the city, town, borough, county, or parish in 
     which the facility is located.
       ``(B) Within 90 days after the date of enactment of this 
     section, the Governor shall designate which entity listed in 
     subparagraph (A) shall serve as the affected local government 
     for actions taken under this section. If the Governor fails 
     to make a designation, the affected local government shall be 
     the city, town, borough, county, parish, or other public body 
     created pursuant to State law, with primary jurisdiction over 
     the land or the use of land on which the facility is located.
       ``(2) The term `affected local solid waste planning unit' 
     means a political subdivision of a State with authority 
     relating to solid waste management planning in accordance 
     with State law.
       ``(3) The term `municipal waste' means refuse (and refuse-
     derived fuel) generated by the general public or from a 
     residential, commercial, institutional, or industrial source 
     (or any combination thereof), consisting of paper, wood, yard 
     wastes, plastics, leather, rubber, or other combustible or 
     noncombustible materials such as metal or glass (or any 
     combination thereof). The term `municipal waste' does not 
     include--
     ``(A) any solid waste identified or listed as a hazardous 
     waste under section 3001;
     ``(B) any solid waste, including contaminated soil and 
     debris, resulting from a response action taken under section 
     104 or 106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604 or 
     9606) or a corrective action taken under this Act;
     ``(C) any metal, pipe, glass, plastic, paper, textile, or 
     other material that has been separated or diverted from 
     municipal waste (as otherwise defined in this paragraph) and 
     has been transported into a State for the purpose of 
     recycling or reclamation;
     ``(D) any solid waste that is--
     ``(i) generated by an industrial facility; and
     ``(ii) transported for the purpose of treatment, storage, or 
     disposal to a facility that is owned or operated by the 
     generator of the waste, or is located on property owned by 
     the generator or a company with which the generator is 
     affiliated;
     ``(E) any solid waste generated incident to the provision of 
     service in interstate, intrastate, foreign, or overseas air 
     transportation;
     ``(F) any industrial waste that is not identical to municipal 
     waste (as otherwise defined in this paragraph) with respect 
     to the physical and chemical state of the industrial waste, 
     and composition, including construction and demolition 
     debris;
     ``(G) any medical waste that is segregated from or not mixed 
     with municipal waste (as otherwise defined in this 
     paragraph); or
     ``(H) any material or product returned from a dispenser or 
     distributor to the manufacturer for credit, evaluation, or 
     possible reuse.
       ``(4) The term `out-of-State municipal waste', used with 
     respect to a State, means municipal waste generated outside 
     of the State. To the extent that it is consistent with the 
     United States-Canada Free-Trade Agreement and the General 
     Agreement on Tariffs and Trade to so define the term, the 
     term shall include municipal waste generated outside of the 
     United States.''.
       (b) Table of Contents Amendment.--The table of contents in 
     section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 
     6901) is amended by adding at the end of the items relating 
     to subtitle D the following new item:

``Sec. 4011. Interstate transportation of municipal waste.''.
                                 ______


                        FORD AMENDMENT NO. 1949

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to an 
amendment proposed by Mr. Lautenberg to the bill S. 687, supra; as 
follows:

       On page 7, strike out lines 5 through 7 and insert in lieu 
     thereof the following:
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.

     SEC.   . LIMITATION ON LIABILITY.

       Notwithstanding any other provision of this title, in any 
     civil action subject to this title, the plaintiff shall be 
     required to prove by a preponderance of the evidence that the 
     tobacco product in question was defective in design or 
     manufacture or breached an express or implied warranty. In no 
     event may liability be imposed on any other theory, including 
     a failure of a tobacco product manufacturer to provide 
     adequate warnings, so long as the product in question was 
     sold, for any period during which the patient used the 
     product, with the health warnings mandated by section 4 of 
     the Federal Cigarette Labelling and Advertising Act (15 
     U.S.C. 1333) or section 3 of the Comprehensive Smokeless 
     Tobacco Health Education Act of 1986 (15 U.S.C. 4402).
                                 ______


                 FORD AMENDMENTS NOS. 1950 THROUGH 1951

  (Ordered to lie on the table.)
  Mr. FORD submitted an amendment intended to be proposed by him to an 
amendment proposed by Mr. Metzenbaum to the bill, S. 687, supra; as 
follows:

                           Amendment No. 1950

       On page 3, strike out lines 15 through 18 and insert in 
     lieu thereof the following:
       (c) Distribution of Recovery.--Any recovery in an action 
     under subsection (a) shall be distributed to the Federal and 
     State governments in accordance with the Federal and State 
     shares of the expenditures.
       (d) Offset of Damages.--Notwithstanding any other provision 
     of this title, in any civil action subject to this title, 
     after liability has been established and damages determined, 
     such damages shall be offset in an amount equal to any 
     Federal excise tax collected on tobacco products for the 
     period for which liability is imposed.
                                  ____


                           Amendment No. 1951

       On page 3, strike out lines 15 through 18 and insert in 
     lieu thereof the following:
       (c) Distribution of Recovery.--Any recovery in an action 
     under subsection (a) shall be distributed to the Federal and 
     State governments in accordance with the Federal and State 
     shares of the expenditures.
       (d) Limitation on Liability.--Notwithstanding any other 
     provision of this title, in any civil action subject to this 
     title, the plaintiff shall be required to prove by a 
     preponderance of the evidence that the tobacco product in 
     question was defective in design or manufacture or breached 
     an express or implied warranty. In no event may liability be 
     imposed on any other theory, including a failure of a tobacco 
     product manufacturer to provide adequate warnings, so long as 
     the product in question was sold, for any period during which 
     the patient used the product, with the health warnings 
     mandated by section 4 of the Federal Cigarette Labeling and 
     Advertising Act (15 U.S.C. 1333) or section 3 of the 
     Comprehensive Smokeless Tobacco Health Education Act of 1986 
     (15 U.S.C. 4402).
                                 ______


          FORD (AND OTHERS) AMENDMENTS NOS. 1952 through 1972

  (Ordered to lie on the table.)
  Mr. FORD (for himself, Mr. McConnell, Mr. Helms, and Mr. Faircloth) 
submitted 21 amendments intended to be proposed by them to an amendment 
proposed by Mr. Lautenberg to the bill S.687, supra; as follows:

                           Amendment No. 1952

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     was created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;
     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (b) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing or judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Marina 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of any product, the Attorney General of the United 
     States may seek recovery for such payments from third parties 
     (or any successors to such third parties). The Attorney 
     General (after consultation with the appropriate Secretaries 
     who administer such programs) may bring an action in the name 
     of the United States in United States district court to 
     recover such payments made to or on behalf of all such 
     recipients in one proceedings.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicare program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to 
     effectuate the purposes of this Act to the greatest extent 
     possible. The issues of causation and damages in any such 
     action may be proven by use of statistical analysis or 
     epidemiological evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of any product, the 
     Attorney General shall be allowed to proceed under a market 
     share theory, if the products involved are substantially 
     interchangeable and substantially similar factual or legal 
     issues would be involved in seeking recovery against each 
     liable third party individually. In the alternative, the 
     Attorney General shall be allowed to proceed under a theory 
     of concerted action or enterprise liability, or both, if 
     warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1953

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another 
     person to design or formulate the product (or component 
     part of the product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood or blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or high-fat food products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to 
     effectuate the purposes of this Act to the greatest extent 
     possible. The issues of causation and damages in any such 
     action may be proven by use of statistical analysis or 
     epidemiological evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or high-fat 
     food products, the Attorney General shall be allowed to 
     proceed under a market share theory, if the products involved 
     are substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1954

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another 
     person to design or formulate the product (or component 
     part of the product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use; the term does not include human 
     tissue, blood and blood products, or organs unless 
     specifically recognized as a product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or rental housing products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to 
     effectuate the purposes of this Act to the greatest extent 
     possible. The issues of causation and damages in any such 
     action may be proven by use of statistical analysis or 
     epidemiological evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or rental 
     housing products, the Attorney General shall be allowed to 
     proceed under a market share theory, if the products involved 
     are substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1955

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the streams of commerce, the product seller produces, 
     creates, makes, or constructs and designs or formulates, or 
     has engaged another person to design or formulate, an aspect 
     of a product (or component part of a product) made by 
     another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or high-cholesterol food products, the 
     Attorney General of the United States may seek recovery for 
     such payments from third parties (or any successors to such 
     third parties). The Attorney General (after consultation with 
     the appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or high-
     cholesterol food products, the Attorney General shall be 
     allowed to proceed under a market share theory, if the 
     products involved are substantially interchangeable and 
     substantially similar factual or legal issues would be 
     involved in seeking recovery against each liable third party 
     individually. In the alternative, the Attorney General shall 
     be allowed to proceed under a theory of concerted action or 
     enterprise liability, or both, if warranted by the facts 
     presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1956

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are crated or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or radar products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code, and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or radar 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under sections 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1957

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create make, or construct any product (or component part of a 
     product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of a delivery itself or as an 
     assembled whole, in a mixed or combined state, or as a 
     component part or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or medical device products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or medical 
     device products, the Attorney General shall be allowed to 
     proceed under a market share theory, if the products involved 
     are substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1958

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or pharmaceutical products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or 
     pharmaceutical products, the Attorney General shall be 
     allowed to proceed under a market share theory, if the 
     products involved are substantially interchangeable and 
     substantially similar factual or legal issues would be 
     involved in seeking recovery against each liable third party 
     individually. In the alternative, the Attorney General shall 
     be allowed to proceed under a theory of concerted action or 
     enterprise liability, or both, if warranted by the facts 
     presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1959

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or chemical manufacturing products, the 
     Attorney General of the United States may seek recovery for 
     such payments from third parties (or any successors to such 
     third parties). The Attorney General (after consultation with 
     the appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, notice to recipients described in 
     subsection (a)(1) is required, and such recipients shall have 
     no right to become a party to such action. Such action is 
     independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or chemical 
     manufacturing products, the Attorney General shall be allowed 
     to proceed under a market share theory, if the products 
     involved are substantially interchangeable and substantially 
     similar factual or legal issues would be involved in seeking 
     recovery against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion of the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1960

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or wood pulp products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes----
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or wood pulp 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XI of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1961

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term-- ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or plastic products, the Attorney General 
     of the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to 
     effectuate the purposes of this Act to the greatest extent 
     possible. The issues of causation and damages in any such 
     action may be proven by use of statistical analysis or 
     epidemiological evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or plastic 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case the amounts recovered arising out of a 
     claim under title XIX of the Social Security Act, there shall 
     be paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under sections 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1962

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of the product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of the product) made by another; 
     or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or has a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or glass products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medical program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (92) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by one of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In an action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or glass 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to 
     such trust funds.
       (3) The reminder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1963

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of 
     the product are controlled by a person other than the 
     lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or automobile products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or automobile 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1964

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substances, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or orange juice products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commended within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or orange juice 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1965

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state----
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include----
       (A) seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or beef products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or beef 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1966

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one receipient with a disease, 
     illness, condition, or complication caused, in whole or in 
     part, by the use of tobacco or dairy products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or dairy 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     to both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.

                           Amendment No. 1967

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term-- ``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulates the product (or component part of the 
     product) or has engaged another person to design or formulate 
     the product (or component part of the product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or oil products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     descried in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or oil 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1968

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of a 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, and aspect of 
     a product (or component part of a product) made by another; 
     or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use; the term does not include human 
     tissue, blood and blood products, or organs unless 
     specifically recognized as a product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or power products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipient described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issue of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or power 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1969

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

      SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or 4 formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of the product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Marina 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303 CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or phosphate products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients of which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis of epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or phosphate 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against such liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under sections 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1970

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4)``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or waste disposal products, the Attorney 
     General of the United States may seek recovery for such 
     payments from third parties (or any successors to such third 
     parties). The Attorney General (after consultation with the 
     appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XVIII of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) In any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or waste 
     disposal products, the Attorney General shall be allowed to 
     proceed under a market share theory, if the products involved 
     are substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under section 1817 
     and 1841 of the Social Security Act shall be repaid to such 
     trust funds.
       (3) The remainder of the amounts recovered shall be 
     deposited as miscellaneous receipts of the Treasury of the 
     United States.
                                  ____


                           Amendment No. 1971

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;

     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or sugar products, the Attorney General of 
     the United States may seek recovery for such payments from 
     third parties (or any successors to such third parties). The 
     Attorney General (after consultation with the appropriate 
     Secretaries who administer such programs) may bring an action 
     in the name of the United States in United States district 
     court to recover such payments made to or on behalf of all 
     such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.
       (3) For purposes of paragraph (1), the term ``applicable 
     Federal Government health care program'' includes--
       (A) the medicare program under title XIX of the Social 
     Security Act;
       (B) the medicaid program under title XIX of such Act;
       (C) the veterans health care program under title 38, United 
     States Code; and
       (D) any other similar Federal health care program.
       (b) Notice Under the Class Action.--(1) in any action 
     brought under this section, no notice to recipients described 
     in subsection (a)(1) is required, and such recipients shall 
     have no right to become a party to such action. Such action 
     is independent of any rights or causes of action of such 
     recipients.
       (2) In any such action in which the number of recipients 
     described in subsection (a)(1) is so large as to cause it to 
     be impracticable to join or identify each claim, the Attorney 
     General shall not be required to so identify the individual 
     recipients for which payment has been made, but rather can 
     proceed to seek recovery based upon payments made to or on 
     behalf of an entire class of recipients.
       (c) Rules of Evidence.--In any action brought under this 
     section, the Federal Rules of Evidence shall be construed, 
     regarding the introduction and probative value of evidence on 
     the issues of causation and damages, in order to effectuate 
     the purposes of this Act to the greatest extent possible. The 
     issues of causation and damages in any such action may be 
     proven by use of statistical analysis or epidemiological 
     evidence, or both.
       (d) Share of Liability.--In any action brought under this 
     section in which a third party is liable due to its 
     manufacture, sale, or distribution of tobacco or sugar 
     products, the Attorney General shall be allowed to proceed 
     under a market share theory, if the products involved are 
     substantially interchangeable and substantially similar 
     factual or legal issues would be involved in seeking recovery 
     against each liable third party individually. In the 
     alternative, the Attorney General shall be allowed to proceed 
     under a theory of concerted action or enterprise liability, 
     or both, if warranted by the facts presented to the court.
       (e) Distribution of Recovery.--Amounts recovered under any 
     action brought under this section shall be paid to the United 
     States and disposed of as follows:
       (1) In the case of amounts recovered arising out of a claim 
     under title XIX of the Social Security Act, there shall be 
     paid to each State agency an amount bearing the same 
     proportion to the total amount recovered as the State's share 
     of the amount paid by the State agency for such claim bears 
     to the total amount paid for such claim.
       (2) Such portion of the amounts recovered as is determined 
     to have been paid out of the trust funds under

                           Amendment No. 1972

       On page 1, beginning with line 9, strike out all through 
     the end of the amendment and insert in lieu thereof the 
     following:

     SEC. 302. DEFINITIONS.

       (1) For purposes of this title the term--``manufacturer'' 
     means--
       (A) any person who is engaged in a business to produce, 
     create, make, or construct any product (or component part of 
     a product) and who designs or formulates the product (or 
     component part of the product) or has engaged another person 
     to design or formulate the product (or component part of the 
     product);
       (B) a product seller, but only with respect to those 
     aspects of a product (or component part of a product) which 
     are created or affected when, before placing the product in 
     the stream of commerce, the product seller produces, creates, 
     makes, or constructs and designs or formulates, or has 
     engaged another person to design or formulate, an aspect of a 
     product (or component part of a product) made by another; or
       (C) any product seller not described in subparagraph (B) 
     which holds itself out as a manufacturer to the use of a 
     product;
       (2) ``person'' means any individual, corporation, company, 
     association, firm, partnership, society, joint stock company, 
     or any other entity (including any governmental entity);
       (3) ``product'' means any object, substance, mixture, or 
     raw material in a gaseous, liquid, or solid state--
       (A) which is capable of delivery itself or as an assembled 
     whole, in a mixed or combined state, or as a component part 
     or ingredient;
       (B) which is produced for introduction into trade or 
     commerce;
       (C) which has intrinsic economic value; and
       (D) which is intended for sale or lease to persons for 
     commercial or personal use;
     the term does not include human tissue, blood and blood 
     products, or organs unless specifically recognized as a 
     product pursuant to State law;
       (4) ``product seller'' means a person who, in the course of 
     a business conducted for that purpose, sells, distributes, 
     leases, prepares, blends, packages, labels, or otherwise is 
     involved in placing a product in the stream of commerce, or 
     who installs, repairs, or maintains the harm-causing aspect 
     of a product; the term does not include--
       (A) a seller or lessor of real property;
       (B) a provider of professional services in any case in 
     which the sale or use of a product is incidental to the 
     transaction and the essence of the transaction is the 
     furnishing of judgment, skill, or services; or
       (C) any person who--
       (i) acts in only a financial capacity with respect to the 
     sale of a product; and
       (ii) leases a product under a lease arrangement in which 
     the selection, possession, maintenance, and operation of the 
     product are controlled by a person other than the lessor; and
       (5) ``State'' means any State of the United States, the 
     District of Columbia, Puerto Rico, the Northern Mariana 
     Islands, the Virgin Islands, Guam, American Samoa, and any 
     other territory or possession of the United States, or any 
     political subdivision thereof.

     SEC. 303. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT 
                   HEALTH CARE PROGRAMS OF TOBACCO RELATED 
                   ILLNESSES AND DISEASES.

       (a) In General.--(1) With respect to payments made under 
     any applicable Federal Government health care program to or 
     on behalf of more than one recipient with a disease, illness, 
     condition, or complication caused, in whole or in part, by 
     the use of tobacco or movies and entertainment products, the 
     Attorney General of the United States may seek recovery for 
     such payments from third parties (or any successors to such 
     third parties). The Attorney General (after consultation with 
     the appropriate Secretaries who administer such programs) may 
     bring an action in the name of the United States in United 
     States district court to recover such payments made to or on 
     behalf of all such recipients in one proceeding.
       (2) Any action to enforce the rights of the Attorney 
     General under this section with respect to any payment 
     described in paragraph (1) shall be commenced within 5 years 
     of such payment.

                          ____________________