[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]

 
       (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 movies and 
     entertainment 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.
                                 ______


                     FORD AMENDMENTS NOS. 1973-1992

  (Ordered to lie on the table.)
  Mr. FORD submitted 20 amendments intended to be proposed by him to 
amendment No. 1922 proposed by Mr. Metzenbaum to the bill S. 687, 
supra; as follows:

                           Amendment No. 1973

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by using any product.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its product, to the limit of legal liability up to the amount 
     of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1974

       At the appropriate place add the following new title:

 TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of rental housing.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1975

       At the appropriate place add the following new title:

 TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of high fat food products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1976

       At the appropriate place add the following new title:

 TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of radar products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1977

       At the appropriate place add the following new title:

TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY, OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of medical devices.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1978

       At the appropriate place add the following new title:

 TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under title XVIII 
     or XIX of the Social Security Act on behalf of a recipient 
     for illness, injury, or death that may have been caused by 
     cigarette smoking or use of pharmaceutical products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1979

       At the appropriate place add the following new title:

 TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of chemical manufacturing 
     products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1980

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of wood pulp.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditure arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or cases of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1981

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of plastic.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) in an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1982

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of glass products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1983

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.  . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under title XVIII 
     or XIX of the Social Security Act on behalf of a recipient 
     for illness, injury, or death that may have been caused by 
     cigarette smoking or use of automobiles.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursements--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (c) Distribution or 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.
                                  ____


                           Amendment No. 1984

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of orange juice.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1985

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY OR DEATH.

       (A) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of beef.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) the Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1986

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.  . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of dairy products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement subsection (a).
       (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.
                                  ____


                           Amendment No. 1987

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of oil.
       (2) In the event that medical assitance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action For Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subection (a).
       (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 
     governments in accordance with the Federal and State shares 
     of the expenditures.
                                  ____


                           Amendment No. 1988

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS FOR CAUSED ILLNESS, INJURY OR DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of power.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1989

       At the appropriate place add the following new title:

  TITLE--REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.  . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of phosphate products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action For Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1990

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of waste disposal.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action For Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1991

       At the appropriate place add the following new title:

TITLE   --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of sugar products.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action For Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                  ____


                           Amendment No. 1992

       At the appropriate place add the following new title:

TITLE  --REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, INJURY, OR 
                                 DEATH

     SEC.   . REIMBURSEMENT OF PAYMENTS MADE FOR CAUSED ILLNESS, 
                   INJURY, OR DEATH.

       (a) Jurisdiction.--
       (1) The Federal Government or any department or agency 
     thereof or any State or political subdivision, department, or 
     agency thereof, may bring an action in any United States 
     District Court against a manufacturer of cigarettes to 
     recover reimbursement for the full amount of medical 
     assistance provided by medicare or medicaid under titles 
     XVIII or XIX of the Social Security Act on behalf of a 
     recipient for illness, injury, or death that may have been 
     caused by cigarette smoking or use of movies and 
     entertainment.
       (2) In the event that medical assistance has been provided 
     to more than one recipient, and the government elects to seek 
     recovery from cigarette manufacturers due to actions by the 
     manufacturers or circumstances which involve common issues of 
     fact or law, an action may be brought under paragraph (1) to 
     recover sums paid to all such recipients in one proceeding.
       (b) Cause of Action for Reimbursement.--
       (1) In an action under subsection (a), a manufacturer shall 
     be held strictly liable in tort for medicare and medicaid 
     expenditures arising from illness, injury, or death caused by 
     its products, to the limit of legal liability up to the 
     amount of medical assistance paid by medicare or medicaid.
       (2) The Federal Rules of Evidence and principles of common 
     law and equity shall be broadly construed to ensure full 
     reimbursement. Issues of causation and aggregate damages may 
     be proven by use of statistical analysis and epidemiological 
     estimates. Recovery against cigarette manufacturers may be 
     sought under a market share theory. Where joinder or 
     identification of each claim is impracticable, recovery may 
     be sought based upon payments made on behalf of an entire 
     class of recipients.
       (3) An action under subsection (a) is independent of any 
     rights or causes of action of a recipient and no action of a 
     recipient shall prejudice or impair an action for 
     reimbursement under subsection (a).
       (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.
                                 ______


                     FORD AMENDMENTS NOS. 1993-1999

  (Ordered to lie on the table.)
  Mr. FORD submitted seven amendments intended to be proposed by him to 
amendment No. 1894 proposed by Mr. Harkin to the bill S. 687, supra; as 
follows:

                           Amendment No. 1993

       On page 1, line 2, after tobacco insert the following: ``or 
     any product.''
                                  ____


                           Amendment No. 1994

       On page 1, line 2, after tobacco insert the following: ``or 
     rental housing.''
                                  ____


                           Amendment No. 1995

       On page 1, line 2, after tobacco insert the following: ``or 
     high cholesterol food products.''
                                  ____


                           Amendment No. 1996

       On page 1, line 2, after tobacco insert the following: ``or 
     high fat food products.''
                                  ____


                           Amendment No. 1997

       On page 1, line 2, after tobacco insert the following: ``or 
     radar products.''
                                  ____


                           Amendment No. 1998

       On page 1, line 2, after tobacco insert the following: ``or 
     medical devices.''
                                  ____


                           Amendment No. 1999

       On page 1, line 2, after tobacco insert the following: ``or 
     pharmaceutical products.''
                                 ______


                        FORD AMENDMENT NO. 2000

  (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.   . 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.
                                 ______


                     FORD AMENDMENTS NOS. 2001-2014

  (Ordered to lie on the table.)
  Mr. FORD submitted 14 amendments intended to be proposed by him to 
amendment No. 1894 proposed by Mr. Harkin to the bill S. 687, supra; as 
follows:

                           Amendment No. 2001

       On page 1, line 2, after tobacco insert the following: ``or 
     chemical manufacturing products.''
                                  ____


                           Amendment No. 2002

       On page 1, line 2, after tobacco insert the following: ``or 
     wood pulp.''
                                  ____


                           Amendment No. 2003

       On page 1, line 2, after tobacco insert the following: ``or 
     plastic.''
                                  ____


                           Amendment No. 2004

       On page 1, line 2, after tobacco insert the following: ``or 
     glass products.''
                                  ____


                           Amendment No. 2005

       On page 1, line 2, after tobacco insert the following: ``or 
     automobiles.''
                                  ____


                           Amendment No. 2006

       On page 1, line 2, after tobacco insert the following: ``or 
     orange juice.''
                                  ____


                           Amendment No. 2007

       On page 1, line 2, after tobacco insert the following: ``or 
     beef.''
                                  ____


                           Amendment No. 2008

       On page 1, line 2, after tobacco insert the following: ``or 
     dairy products.''
                                  ____


                           Amendment No. 2009

       On page 1, line 2, after tobacco insert the following: ``or 
     oil.''
                                  ____


                           Amendment No. 2010

       On page 1, line 2, after tobacco insert the following: ``or 
     power.''
                                  ____


                           Amendment No. 2011

       On page 1, line 2, after tobacco insert the following: ``or 
     phosphate products.''
                                  ____


                           Amendment No. 2012

       On page 1, line 2, after tobacco insert the following: ``or 
     waste disposal.''
                                  ____


                           Amendment No. 2013

       On page 1, line 2, after tobacco insert the following: ``or 
     sugar products.''
                                  ____


                           Amendment No. 2014

       On page 1, line 2, after tobacco insert the following: ``or 
     movies and entertainment.''
                                 ______


                     FORD AMENDMENTS NOS. 2015-2035

  (Ordered to lie on the table.)
  Mr. FORD submitted 21 amendments intended to be proposed by him to 
amendment No. 1893 proposed by Mr. Harkin to the bill S. 687, supra; as 
follows:

                           Amendment No. 2015

       On page 1, line 2, after tobacco insert the following: ``or 
     any product.''
                                  ____


                           Amendment No. 2016

       On page 1, line 2, after tobacco insert the following: ``or 
     rental housing.''
                                  ____


                           Amendment No. 2017

       On page 1, line 2, after tobacco insert the following: ``or 
     high cholesterol food products.''
                                  ____


                           Amendment No. 2018

       On page 1, line 2, after tobacco insert the following: ``or 
     high fat food products.''
                                  ____


                           Amendment No. 2019

       On page 1, line 2, after tobacco insert the following: ``or 
     radar products.''
                                  ____


                           Amendment No. 2020

       On page 1, line 2, after tobacco insert the following: ``or 
     medical devices.''
                                  ____


                           Amendment No. 2021

       On page 1, line 2, after tobacco insert the following: ``or 
     pharmaceutical products.''
                                  ____


                           Amendment No. 2022

       On page 1, line 2, after tobacco insert the following: ``or 
     chemical manufacturing products.''
                                  ____


                           Amendment No. 2023

       On page 1, line 2, after tobacco insert the following: ``or 
     wood pulp.''
                                  ____


                           Amendment No. 2024

       On page 1, line 2, after tobacco insert the following: ``or 
     plastic.''
                                  ____


                           Amendment No. 2025

       On page 1, line 2, after tobacco insert the following: ``or 
     glass products.''
                                  ____


                           Amendment No. 2026

       On page 1, line 2, after tobacco insert the following: ``or 
     automobiles.''
                                  ____


                           Amendment No. 2027

       On page 1, line 2, after tobacco insert the following: ``or 
     orange juice.''
                                  ____


                           Amendment No. 2028

       On page 1, line 2, after tobacco insert the following: ``or 
     beef.''
                                  ____


                           Amendment No. 2029

       On page 1, line 2, after tobacco insert the following: ``or 
     dairy products.''
                                  ____


                           Amendment No. 2030

       On page 1, line 2, after tobacco insert the following: ``or 
     oil.''
                                  ____


                           Amendment No. 2031

       On page 1, line 2, after tobacco insert the following: ``or 
     power.''
                                  ____


                           Amendment No. 2032

       On page 1, line 2, after tobacco insert the following: ``or 
     phosphate products.''
                                  ____


                           Amendment No. 2033

       On page 1, line 2, after tobacco insert the following: ``or 
     waste disposal.''
                                  ____


                           Amendment No. 2034

       On page 1, line 2, after tobacco insert the following: ``or 
     sugar products.''
                                  ____


                           Amendment No. 2035

       On page 1, line 2, after tobacco insert the following: ``or 
     movies and entertainment.''
                                 ______


                     FORD AMENDMENTS NOS. 2036-2038

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

                           Amendment No. 2036

       On page 5, beginning with line 22, strike out all through 
     line 4 on page 6.
                                  ____


                           Amendment No. 2037

       On page 1, beginning with line 9, strike out all through 
     line 2 on page 4.
                                  ____


                           Amendment No. 2038

       On page 5, beginning with line 9, strike out all through 
     line 21.
                                 ______


                   BUMPERS AMENDMENTS NOS. 2039-2040

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

                           Amendment No. 2039

       On line 2 of the amendment, strike ``20 employees'' and 
     insert in lieu thereof: ``100 employees''.
                                  ____


                           Amendment No. 2040

       On line 2 of the amendment, strike ``20 employees'' and 
     insert in lieu thereof: ``100 employees''.
                                 ______


                  LIEBERMAN AMENDMENTS NOS. 2041-2042

  (Ordered to lie on the table.)
  Mr. LIEBERMAN submitted two amendments to the bill S. 687, supra; as 
follows:

                           Amendment No. 2041

       In lieu of the matter proposed to be stricken, 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.

                           Amendment No. 2042

       In lieu of the matter proposed to be stricken, 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.
       (c) Limitation Concerning Certain Aircraft and 
     Components.--(1) Punitive damages shall not be awarded 
     pursuant to this section against a manufacturer of an 
     aircraft or aircraft component which caused the claimant's 
     harm where--
       (A) such aircraft or component was subject to pre-market 
     certification by the Federal Aviation Administration with 
     respect to the safety of the design or performance of the 
     aspect of such aircraft or component which caused the 
     claimant's harm or the adequacy of the warnings regarding the 
     operation or maintenance of such aircraft or component;
       (B) the aircraft or component was certified by the Federal 
     Aviation Administration under the Federal Aviation Act of 
     1958 (49 App. U.S.C. 1301 et seq.); and
       (C) the manufacturer of the aircraft or component complied, 
     after delivery of the aircraft or component to a user, with 
     Federal Aviation Administration requirements and obligations 
     with respect to continuing airworthiness, including the 
     requirement to provide maintenance and service information 
     related to airworthiness whether or not such information is 
     used by the Federal Aviation Administration in the 
     preparation of mandatory maintenance, inspection, or repair 
     directives.
       (2) The provisions of paragraph (1) shall not apply in any 
     case in which--
       (A) the defendant, before or after pre-market certification 
     of an aircraft or aircraft component, withheld from or 
     misrepresented to the Federal Aviation Administration 
     required information that is material and relevant to the 
     performance or the maintenance or operation of such aircraft 
     or component or is causally related to the harm which the 
     claimant allegedly suffered; or
       (B) the defendant made an illegal payment to an official of 
     the Federal Aviation Administration for the purpose of either 
     securing or maintaining certification of such aircraft or 
     component.
       (d) Separate Proceeding.--At the request of the 
     manufacturer or product seller, the trier of fact shall 
     consider in a separate proceeding (1) whether punitive 
     damages are to be awarded and the amount of such award, or 
     (2) the amount of punitive damages following a determination 
     of punitive liability. If a separate proceeding is requested, 
     evidence relevant only to the claim of punitive damages, as 
     determined by applicable State law, shall be inadmissible in 
     any proceeding to determine whether compensatory damages are 
     to be awarded.
       (e) Determining Amount of Punitive Damages.--In determining 
     the amount of punitive damages, the trier of fact shall 
     consider all relevant evidence, including--
       (1) the financial condition of the manufacturer or product 
     seller;
       (2) the severity of the harm caused by the conduct of the 
     manufacturer or product seller;
       (3) the duration of the conduct or any concealment of it by 
     the manufacturer or product seller;
       (4) the profitability of the conduct to the manufacturer or 
     product seller;
       (5) the number of products sold by the manufacturer or 
     product seller of the kind causing the harm complained of by 
     the claimant;
       (6) awards of punitive or exemplary damages to persons 
     similarly situated to the claimant;
       (7) prospective awards of compensatory damages to persons 
     similarly situated to the claimant;
       (8) any criminal penalties imposed on the manufacturer or 
     product seller as a result of the conduct complained of by 
     the claimant; and
       (9) the amount of any civil fines assessed against the 
     defendant as a result of the conduct complained of by the 
     claimant.
                                 ______


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1995

                                 ______


                        COHEN AMENDMENT NO. 2043

  (Ordered to lie on the table)
  Mr. COHEN submitted an amendment intended to be proposed by him to 
the bill (S. 2182) to authorize appropriations for fiscal year 1995 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 371, between lines 6 and 7, insert the following:

     SEC. 3159. SAFETY OVERSIGHT AND ENFORCEMENT AT DEFENSE 
                   NUCLEAR FACILITIES.

       (a) Findings.--Congress finds the following:
       (1) Effective oversight of matters relating to nuclear 
     safety at defense nuclear facilities and enforcement of 
     nuclear safety standards at such facilities are critical to 
     ensuring the safety of the public and the workers at such 
     facilities.
       (2) The Department of Energy has not devoted adequate 
     attention to matters relating to nuclear safety at defense 
     nuclear facilities.
       (b) Safety at Defense Nuclear Facilities.--The Secretary of 
     Energy shall take appropriate actions to ensure that--
       (1) officials of the Department of Energy who are 
     responsible for independent oversight of matters relating to 
     nuclear safety at defense nuclear facilities and enforcement 
     of nuclear safety standards at such facilities maintain 
     independence from officials who are engaged in management of 
     such facilities;
       (2) the independent, internal oversight functions carried 
     out by the Department include, at the minimum, activities 
     relating to--
       (A) the assessment of the safety of defense nuclear 
     facilities;
       (B) the assessment of the effectiveness of Department 
     program offices in carrying out programs relating to the 
     environment, safety, health, and security at defense nuclear 
     facilities;
       (C) the provision to the Secretary of oversight reports 
     that--
       (i) contain validated technical information; and
       (ii) provide a clear analysis of the extent to which line 
     programs governing defense nuclear facilities meet applicable 
     goals for the environment, safety, health, and security at 
     such facilities; and
       (D) the development of clear performance standards to be 
     used in assessing the adequacy of the programs referred to in 
     subparagraph (C)(ii);
       (3) the Department has a system for bringing issues 
     relating to nuclear safety at defense nuclear facilities to 
     the attention of the officials of the Department (including 
     the Secretary of Energy) having authority to resolve such 
     issues in an adequate and timely manner; and
       (4) an adequate number of qualified personnel of the 
     Department are assigned to oversee matters relating to 
     nuclear safety at defense nuclear facilities and enforce 
     nuclear safety standards at such facilities.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Energy shall submit 
     to the congressional defense committees a report describing--
       (1) the actions that the Secretary has taken or will take 
     to fulfill the requirements set forth in paragraphs (1), (2), 
     and (3) of subsection (b);
       (2) the actions in addition to the actions described under 
     paragraph (1) that the Secretary could take in order to 
     fulfill such requirements; and
       (3) the respective roles with regard to nuclear safety at 
     defense nuclear facilities of the following officials:
       (A) The Associate Deputy Secretary of Energy for Field 
     Management.
       (B) The Assistant Secretary of Energy for Defense Programs.
       (C) The Assistant Secretary of Energy for Environmental 
     Restoration and Waste Management.
                                 ______


                     PRODUCT LIABILITY FAIRNESS ACT

                                 ______


                        HELMS AMENDMENT NO. 2044

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 1888 proposed by Mrs. Boxer to the bill S. 687, supra; as 
follows:

       In the amendment add before the end the following:
       ``or any psychological, emotional or physical harm, injury, 
     illness or disease caused by the drug RU-486.''.
                                 ______


                        HELMS AMENDMENT NO. 2045

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 1887 proposed by Mrs. Boxer to the bill S. 687, supra; as 
follows:

       In the amendment add before the end the following:
       ``or any psychological, emotional or physical harm, injury, 
     illness or disease caused by the drug RU-486.''.
                                 ______


                    HELMS AMENDMENTS NOS. 2046-2052

  (Ordered to lie on the table.)
  Mr. HELMS submitted seven amendments intended to be proposed by him 
to amendment No. 1900 proposed by Mr. Ford to the bill S. 687, supra; 
as follows:

                           Amendment No. 2046

       At the end of the amendment, add the following:

     SEC.   . PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                  ____


                           Amendment No. 2047

       At the end of the amendment, add the following:

     SEC.   . GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.
                                  ____


                           Amendment No. 2048

       At the end of the amendment, add the following:

     SEC.   . GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2049

       At the end of the amendment, add the following:

     SEC.   . GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addiction.
                                  ____


                           Amendment No. 2050

       At the end of the amendment, add the following:

     SEC.   . WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2051

       At the end of the amendment, add the following:

     SEC.   . PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.
                                  ____


                           Amendment No. 2052

       At the end of the amendment, add the following:

     SEC.   . PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____

                                 ______


                    HELMS AMENDMENTS NOS. 2054-2059

  (Ordered to lie on the table.)
  Mr. HELMS submitted six amendments intended to be proposed by him to 
amendment No. 1904 proposed by Mr. McConnell to the bill S. 687, supra; 
as follows:

                           Amendment No. 2054

       At the end of the amendment, add the following:

     SEC.--.GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.
                                  ____


                           Amendment No. 2055

       At the end of the amendment, add the following:

     SEC.--.GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2056

       At the end of the amendment, add the following:

     SEC.--.GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addition.
                                  ____


                           Amendment No. 2057

       At the end of the amendment, add the following:

     SEC.--.WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2058

       At the end of the amendment, add the following:

     SEC.--.PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.
                                  ____


                           Amendment No. 2059

       At the end of the amendment, add the following:

     SEC.--.PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____

                                 ______


                    HELMS AMENDMENTS NOS. 2060-2068

  (Ordered to lie on the table.)
  Mr. HELMS submitted nine amendments intended to be proposed by him to 
amendment No. 1894 proposed by Mr. Harkin to the bill S. 687, supra; as 
follows:

                           Amendment No. 2060

       In the amendment add after ``products'' the following: ``or 
     alcoholic beverages or products''.
                                  ____


                           Amendment No. 2061

       In the amendment add after ``products'' the following: ``or 
     the drug RU 486''.
                                  ____


                           Amendment No. 2062

       At the end of the amendment, add the following:

     SEC.   . PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____


                           Amendment No. 2063

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

     No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.
                                  ____


                           Amendment No. 2064

       At the end of the amendment, add the following:

     SEC. __. WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2065

       At the end of the amendment, add the following:

     SEC. __. GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addition.
                                  ____


                           Amendment No. 2066

       At the end of the amendment, add the following:

     SEC. __. GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2067

       At the end of the amendment, add the following:

     SEC. __. GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.
                                  ____


                           Amendment No. 2068

       At the end of the amendment, add the following:

     SEC. __. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                 ______


                  HELMS AMENDMENTS NOS. 2069 and 2070

  (Ordered to lie on the table.)
  Mr. HELMS submitted two amendments intended to be proposed by him to 
amendment No. 1893 proposed by Mr. Harkin to the bill S. 687, supra; as 
follows:

                           Amendment No. 2069

       In the amendment add after ``product'' the following: ``or 
     the drug RU 486''.
                                  ____


                           Amendment No. 2070

       In the amendment add before the end the following: ``or 
     alcoholic beverages or products''.
                                 ______


                HELMS AMENDMENTS NOS. 2071 THROUGH 2077

  (Ordered to lie on the table.)
  Mr. HELMS submitted seven amendments intended to be proposed by him 
to amendment No. 1893 proposed by Mr. Harkin to the bill S. 687, supra; 
as follows:

                           Amendment No. 2071

       At the end of the amendment, add the following:

     SEC. ____. WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2072

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.
                                  ____


                           Amendment No. 2073

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addiction.
                                  ____


                           Amendment No. 2074

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2075

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling in a 
     privately owned establishment.
                                  ____


                           Amendment No. 2076

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                  ____


                           Amendment No. 2077

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                 ______


                HELMS AMENDMENTS NOS. 2078 THROUGH 2083

  (Ordered to lie on the table)
  Mr. HELMS submitted six amendments intended to be proposed by him to 
amendment no. 1922 proposed by Mr. Metzenbaum to the bill, S. 687, 
supra; as follows:

                           Amendment No. 2078

       At the end of the amendment, add the following:

     SEC. --. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____


                           Amendment No. 2079

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.
                                  ____


                           Amendment No. 2080

       At the end of the amendment, add the following:

     SEC. --. WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2081

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addiction.
                                  ____


                           Amendment No. 2082

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2083

       At the end of the amendment, add the following:

     SEC. ____. GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.
                                  ____

                                 ______


                        HELMS AMENDMENT NO. 2084

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 1922 proposed by Mr. Metzenbaum to the bill S. 687, 
supra; as follows:

       At the end of the amendment, add the following:

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                 ______


                    HELMS AMENDMENTS NOS. 2085-2091

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
amendment No. 1890 proposed by Mr. Lautenberg to the bill S. 687, 
supra; as follows:

                           Amendment No. 2085

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

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____


                           Amendment No. 2086

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

     SEC. ____. PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.

                           Amendment No. 2087

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

     SEC. __. WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.

                           Amendment No. 2088

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

     SEC. __. GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addiction.

                           Amendment No. 2089

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

     SEC. __. GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.

                           Amendment No. 2090

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

     SEC.  GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.

                           Amendment No. 2091

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

     SEC.  PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                 ______

      HELMS AMENDMENTS NOS. 2092 THROUGH 2093
  (Ordered to lie on the table.)
  Mr. HELMS submitted two amendments intended to be proposed by him to 
amendment No. 1910 proposed by Mr. Metzenbaum to the bill, S. 687, 
supra; as follows:

                           Amendment No. 2092

       At the end of the amendment, add the following:

     SEC.  PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between alcohol abuse and spousal 
     abuse and other forms of violence. Such report shall include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to alcohol abuse.
                                  ____


                           Amendment No. 2093

       At the end of the amendment, add the following:

     SEC.  PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between violence in domestically 
     produced feature films, television programs, and music 
     recordings, and the occurrence and acceptance of spousal 
     abuse and other forms of violence in American homes and in 
     American society. Such report shall include recommendations 
     of the Attorney General for reducing the number of incidents 
     of spousal abuse and other forms of violence which are 
     related to depictions or descriptions of violence in such 
     organs of mass entertainment.

                    HELMS AMENDMENTS NOS. 2094-2098

  (Ordered to lie on the table.)
  Mr. HELMS submitted five amendments intended to be proposed by him to 
amendment No. 1910 proposed by Mr. Metzenbaum to the bill S. 687, 
supra; as follows:

                           Amendment No. 2094

       At the end of the amendment, add the following:

     SEC.   . WARNINGS ON CONDOMS.

       No later than January 1, 1995--
       (1) all brands and types of condoms sold in the United 
     States shall be tested by the Commissioner of the Food and 
     Drug Administration for their effectiveness, when used as 
     instructed, in the prevention of pregnancy and the 
     transmission of the HIV virus that causes AIDS; and
       (2) the individual packaging of all condoms determined by 
     the Commissioner to be less than 100 percent effective in one 
     or both respects must incorporate a written warning stating 
     that the condoms have been found by the Commissioner of the 
     Food and Drug Administration to be less than 100 percent 
     effective in preventing pregnancy or in preventing the 
     transmission of the HIV virus that causes AIDS, and shall 
     include both warnings if applicable.
                                  ____


                           Amendment No. 2095

       At the end of the amendment, add the following:

     SEC.   . GAMBLING CONSUMER PROTECTION ACT OF 1994.

       It shall be unlawful, after January 1, 1995, for any 
     private gambling establishment to have any game of skill or 
     chance which does not prominently display a sign informing 
     patrons--
       (1) of the odds against winning the particular game; and
       (2) that gambling can become a compulsive, lifelong 
     psychological addiction.
                                  ____


                           Amendment No. 2096

       At the end of the amendment, add the following:

     SEC.   . GAMBLING ADDICTION STUDY.

       No later than 180 days after the date of the enactment of 
     this Act, the Commissioner of the Food and Drug 
     Administration shall provide a report to the Speaker of the 
     House of Representatives and the President of the Senate, on 
     the extent to which gambling casinos including the serving of 
     alcohol therein, and the games of chance and skill therein, 
     are designed or manipulated to foster, maintain, or encourage 
     a psychological addiction to gambling among casino patrons.
                                  ____


                           Amendment No. 2097

       At the end of the amendment, add the following:

     SEC.   . GAMBLING LOSSES.

       Notwithstanding any other provision of law, no deduction 
     from personal income tax under the Internal Revenue Code of 
     1986 shall be available for gambling losses incurred after 
     January 1, 1995, in a privately owned gambling establishment. 
     For the purposes of this section, gambling on Indian 
     reservations shall not be considered as gambling on a 
     privately owned establishment.
                                  ____


                           Amendment No. 2098

       At the end of the amendment, add the following:

     SEC.   . PREVENTION OF SPOUSAL ABUSE AND OTHER FORMS OF 
                   VIOLENCE.

       No later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall provide the Speaker of 
     the House of Representatives and the President of the Senate 
     with a comprehensive report on the sociological relationship 
     and statistical correlation between compulsive gambling and 
     spousal abuse and other forms of violence, to include 
     recommendations of the Attorney General for reducing the 
     number of incidents of spousal abuse and other forms of 
     violence which are related to compulsive gambling.
                                 ______


                  McCONNELL AMENDMENTS NOS. 2099-2100

  (Ordered to lie on the table.)
  Mr. McCONNELL submitted two amendments intended to be proposed by him 
to amendment No. 1893 proposed by Mr. Harkin to the bill S. 687, supra; 
as follows:

                           Amendment No. 2099

       In the amendment insert ``or pornography'' after 
     ``tobacco''.
                                  ____


                           Amendment No. 2100

       In the amendment insert ``or pornography'' after 
     ``tobacco''.
                                 ______


                    HEFLIN AMENDMENTS NOS. 2101-2102

  (Ordered to lie on the table.)
  Mr. HEFLIN submitted two amendments intended to be proposed by him to 
amendment No. 1941 proposed by Mr. Gorton to the bill S. 687, supra; as 
follows:

                           Amendment No. 2101

       At the end of the matter proposed to be inserted, add the 
     following:
       ``(4) Notwithstanding the preceding paragraphs of this 
     subsection, this subsection shall have no force or effect as 
     law.''
                                  ____


                           Amendment No. 2102

       At the end of the matter proposed to be inserted, add the 
     following:
       ``(4) Notwithstanding any other provision of this Act, the 
     provisions of subsections (b) and (c) of this section, shall 
     not have any force or effect.

                          ____________________