[Congressional Record Volume 144, Number 65 (Wednesday, May 20, 1998)]
[Senate]
[Pages S5238-S5240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL TOBACCO POLICY AND YOUTH SMOKING REDUCTION ACT

                                 ______
                                 

                    THOMAS AMENDMENTS NOS. 2431-2432

  (Ordered to lie on the table.)
  Mr. THOMAS submitted two amendments intended to be proposed by him to 
the bill (S. 1415) to reform and restructure the processes by which 
tobacco products are manufactured, marketed, and distributed, to 
prevent the use of tobacco products by minors, to redress the adverse 
health effects of tobacco use, and for other purposes; as follows:

                           Amendment No. 2431

       At the appropriate place, insert the following:

     SEC. ____. AMENDMENT TO THE SOCIAL SECURITY ACT.

       (A) In General.--The table set forth in section 1923(f)(2) 
     of the Social Security Act (42 U.S.C. 1396r--4(f)(2)) is 
     amended in the item relating to Wyoming, in the case of 
     fiscal years 2000, 2001, and 2002, by striking ``0'' each 
     place in appears with respect to those fiscal years and 
     inserting ``0.191''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of section 
     4721 of the Balanced Budget Act of 1997 (Public Law 105-33; 
     111 Stat. 511).
                                  ____


                           Amendment No. 2432

       At the appropriate place, insert the following:

     SEC. ____. CERTAIN HEALTH CLINICS PERMITTED TO PARTICIPATE IN 
                   A MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM.

       (a) In General.--Section 1820(c)(2) of the Social Security 
     Act (42 U.S.C. 1395i--4(c)(2)) (as amended by section 4201(a) 
     of the Balanced Budget Act of 1997 (Public Law 105-33; 111 
     Stat. 370)) is amended--
       (1) in subparagraph (B)(i), by striking ``public hospital'' 
     and inserting ``public hospital, or a health clinic described 
     in subparagraph (C),''; and
       (2) by adding at the end the following:
       ``(C) Health clinic described.--A health clinic described 
     in this subparagraph is a health clinic that--
       ``(i) operated as a hospital prior to 1993; and
       ``(ii) is located in a State that promugated rules for 
     medical assistance facilities on July 15, 1997.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
     251).
                                 ______
                                 

                  GREGG (AND LEAHY) AMENDMENT NO. 2433

  Mr. GREGG (for himself and Mr. Leahy) proposed an amendment to the 
bill, S. 1415, supra; as follows:

       In title XIV, strike section 1406 and all that follows 
     through section 1412 and insert the following:

     SEC. 1406. RESOLUTION OF AND LIMITATIONS ON CIVIL ACTIONS.

       (a) State Attorney General Actions.--
       (1) Pending claims.--With respect to a State, to be 
     eligible to receive payments from the State Litigation 
     Settlement Account, the attorney general for such State shall 
     resolve any civil action seeking recovery for expenditures 
     attributable to the treatment of tobacco related illnesses 
     and conditions that have been commenced by the State against 
     a tobacco product manufacturer, distributor, or retailer that 
     is pending on the date of enactment of this Act.
       (2) Future actions based on prior conduct.--With respect to 
     a State, to be eligible to receive payments from the State 
     Litigation Settlement Account, the attorney general for such 
     State shall agree that the State will not commence any new 
     tobacco claim after the date of enactment of this Act (other 
     than to enforce the terms of a previous judgment) that is 
     based on the conduct of a participating tobacco product 
     manufacturer, distributor, or retailer that occurred prior to 
     the date of enactment of this Act, seeking recovery for 
     expenditures attributable to the treatment of tobacco induced 
     illnesses and conditions against such a participating tobacco 
     product manufacturer, distributor, or retailer.
       (3) Application to local governmental entities.--The 
     requirements described in paragraphs (1) and (2) shall apply 
     to civil actions commenced by or on behalf of local 
     governmental entities for the recovery of

[[Page S5239]]

     costs attributable to tobacco-related illnesses if such 
     localities are within a State whose attorney general has 
     elected to resolve claims under paragraph (1) and enter into 
     the agreement described in paragraph (2). Such provisions 
     shall not apply to those local governmental entities that are 
     within a State whose attorney general has not resolved such 
     claims or entered into such agreements.
       (b) State and Local Option for One-Time Opt Out.--
       (1) In general.--The Secretary shall establish procedures 
     under which the attorney general of a State may, not later 
     than 1 year after the date of enactment of this Act, elect 
     not to resolve an action described in subsection (a)(1) or 
     not to enter into an agreement under subsection (a)(2). A 
     State whose attorney general makes such an election shall not 
     be eligible to receive payments from the State Litigation 
     Settlement Account. Procedures under this paragraph shall 
     permit such a State to make such an election on a one-time 
     basis.
       (2) Extension.--In the case of a State that has secured a 
     judgment against a participating tobacco product 
     manufacturer, distributor, or retailer in an action described 
     in subsection (a)(1) prior to or during the period described 
     in paragraph (1), and such judgment has been appealed by such 
     manufacturer, distributor, or retailer, such period shall be 
     extended during the pendency of the appeal and for an 
     additional period as determined appropriate by the Secretary.
       (3) Application to certain states.--A State that has 
     resolved a tobacco claim described in subsection (a)(1) with 
     a participating tobacco product manufacturer, distributor, or 
     retailer prior to the date of enactment of this Act may not 
     make an election described in paragraph (1) if, as part of 
     the resolution of such claim, the State agreed that the 
     enactment of any national tobacco settlement legislation 
     would supersede the provisions of the resolution.
       (4) Local governmental entity option for one-time opt 
     out.--
       (A) In general.--The Secretary shall establish procedures 
     under which the attorney for a local governmental entity 
     which commenced a civil action prior to June 20, 1997, 
     against a participating tobacco product manufacturer, 
     distributor, or retailer seeking recovery for expenditures 
     attributable to the treatment of tobacco related illnesses 
     and conditions, not later that 1 year after the date of 
     enactment of this Act, may elect not to resolve any action 
     described in subsection (a)(3). A local governmental entity 
     whose attorney makes such an election shall not be eligible 
     to receive payments from the State Litigation Settlement 
     Account. Procedures under this paragraph shall permit such a 
     local governmental entity to make such an election on a one-
     time basis.
       (B) Extension.--In the case of a local governmental entity 
     that has secured a judgment against a participating tobacco 
     product manufacturer, distributor, or retailer in a claim 
     described in subsection (a)(3) prior to or during the period 
     described in subparagraph (A), and such judgment has been 
     appealed by such manufacturer, distributor, or retailer, such 
     period shall be extended during the pendency of the appeal 
     and for an additional period as determined appropriate by the 
     Secretary.
       (C) Application to certain local governmental entities.--A 
     local governmental entity that has resolved a claim described 
     in subsection (a)(3) with a participating tobacco product 
     manufacturer, distributor, or retailer prior to the date of 
     enactment of this Act may not make an election described in 
     subparagraph (A) if, as part of the resolution of such claim, 
     the local governmental entity agreed that the enactment of 
     any national tobacco settlement legislation would supersede 
     the provisions of the resolution.
       (c) Addiction and Dependency Claims; Castano Civil 
     Actions.--
       (1) Addiction and dependence claims barred.--In any civil 
     action to which this title applies, no addiction claim or 
     dependence claim may be filed or maintained against a 
     participating tobacco product manufacturer.
       (2) Castano civil actions.--
       (A) In general.--The rights and benefits afforded in 
     section 221 of this Act, and the various research activities 
     envisioned by this Act, are provided in settlement of, and 
     shall constitute a remedy for the purpose of determining 
     civil liability as to those addiction or dependence claims 
     asserted in the Castano Civil Actions. The Castano Civil 
     Actions shall be dismissed to the extent that they seek 
     relief in the nature of public programs to assist addicted 
     smokers to overcome their addiction or other publicly 
     available health programs with full reservation of the rights 
     of individual class members to pursue claims not based on 
     addiction or dependency in civil actions in accordance with 
     this Act.
       (B) Arbitration.--For purposes of awarding attorneys fees 
     and expenses for those actions subject to this subsection, 
     the matter at issue shall be submitted to arbitration before 
     one panel of arbitrators. In any such arbitration, the 
     arbitration panel shall consist of 3 persons, one of whom 
     shall be chosen by the attorneys of the Castano Plaintiffs' 
     Litigation Committee who were signatories to the Memorandum 
     of Understanding dated June 20, 1997, by and between tobacco 
     product manufacturers, the Attorneys General, and private 
     attorneys, one of whom shall be chosen by the participating 
     tobacco product manufacturers, and one of whom shall be 
     chosen jointly by those 2 arbitrators.
       (C) Payment of awards.--The participating tobacco product 
     manufacturers shall pay the arbitration award.
       (d) Rules of Construction.--
       (1) Post enactment claims.--Nothing in this title shall be 
     construed to limit the ability of a government or person to 
     commence an action against a participating tobacco product 
     manufacturer, distributor, or retailer with respect to a 
     claim that is based on the conduct of such manufacturer, 
     distributor, or retailer that occurred after the date of 
     enactment of this Act.
       (2) No limitation on person.--Nothing in this title shall 
     be construed to limit the right of a government (other than a 
     State or local government as provided for under subsection 
     (a) and (b)) or person to commence any civil claim for past, 
     present, or future conduct by participating tobacco product 
     manufacturers, distributors, or retailers.
       (3) Criminal liability.--Nothing in this title shall be 
     construed to limit the criminal liability of a participating 
     tobacco product manufacturer, distributor or retailer or its 
     officers, directors, employees, successors, or assigns.
       (e) Definitions.--In this section:
       (1) Person.--The term ``person'' means an individual, 
     partnership, corporation, parent corporation or any other 
     business or legal entity or successor in interest of any such 
     person.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
                                 ______
                                 

                        GREGG AMENDMENT NO. 2434

  Mr. GREGG proposed an amendment to the bill, S. 1415, supra; as 
follows:

       In lieu of the language proposed to be inserted, insert the 
     following:
       In title XIV, strike section 1406 and all that follows 
     through section 1412 and insert the following:

     SEC. 1406. RESOLUTION OF AND LIMITATIONS ON CIVIL ACTIONS.

       (a) State Attorney General Actions.--
       (1) Pending claims.--With respect to a State, to be 
     eligible to receive payments from the State Litigation 
     Settlement Account, the attorney general for such State shall 
     resolve any civil action seeking recovery for expenditures 
     attributable to the treatment of tobacco related illnesses 
     and conditions that have been commenced by the State against 
     a tobacco product manufacturer, distributor, or retailer that 
     is pending on the date of enactment of this Act.
       (2) Future actions based on prior conduct.--With respect to 
     a State, to be eligible to receive payments from the State 
     Litigation Settlement Account, the attorney general for such 
     State shall agree that the State will not commence any new 
     tobacco claim after the date of enactment of this Act (other 
     than to enforce the terms of a previous judgment) that is 
     based on the conduct of a participating tobacco product 
     manufacturer, distributor, or retailer that occurred prior to 
     the date of enactment of this Act, seeking recovery for 
     expenditures attributable to the treatment of tobacco induced 
     illnesses and conditions against such a participating tobacco 
     product manufacturer, distributor, or retailer.
       (3) Application to local governmental entities.--The 
     requirements described in paragraphs (1) and (2) shall apply 
     to civil actions commenced by or on behalf of local 
     governmental entities for the recovery of costs attributable 
     to tobacco-related illnesses if such localities are within a 
     State whose attorney general has elected to resolve claims 
     under paragraph (1) and enter into the agreement described in 
     paragraph (2). Such provisions shall not apply to those local 
     governmental entities that are within a State whose attorney 
     general has not resolved such claims or entered into such 
     agreements.
       (b) State and Local Option for One-Time Opt Out.--
       (1) In general.--The Secretary shall establish procedures 
     under which the attorney general of a State may, not later 
     than 1 year after the date of enactment of this Act, elect 
     not to resolve an action described in subsection (a)(1) or 
     not to enter into an agreement under subsection (a)(2). A 
     State whose attorney general makes such an election shall not 
     be eligible to receive payments from the State Litigation 
     Settlement Account. Procedures under this paragraph shall 
     permit such a State to make such an election on a one-time 
     basis.
       (2) Extension.--In the case of a State that has secured a 
     judgment against a participating tobacco product 
     manufacturer, distributor, or retailer in an action described 
     in subsection (a)(1) prior to or during the period described 
     in paragraph (1), and such judgment has been appealed by such 
     manufacturer, distributor, or retailer, such period shall be 
     extended during the pendency of the appeal and for an 
     additional period as determined appropriate by the Secretary, 
     not to exceed one year.
       (3) Application to certain states.--A State that has 
     resolved a tobacco claim described in subsection (a)(1) with 
     a participating tobacco product manufacturer, distributor, or 
     retailer prior to the date of enactment of this Act may not 
     make an election described in paragraph (1) if, as part of 
     the resolution of such claim, the State agreed that the 
     enactment of any national tobacco settlement legislation 
     would supersede the provisions of the resolution.

[[Page S5240]]

       (4) Local governmental entity option for one-time opt 
     out.--
       (A) In general.--The Secretary shall establish procedures 
     under which the attorney for a local governmental entity 
     which commenced a civil action prior to June 20, 1997, 
     against a participating tobacco product manufacturer, 
     distributor, or retailer seeking recovery for expenditures 
     attributable to the treatment of tobacco related illnesses 
     and conditions, not later that 1 year after the date of 
     enactment of this Act, may elect not to resolve any action 
     described in subsection (a)(3). A local governmental entity 
     whose attorney makes such an election shall not be eligible 
     to receive payments from the State Litigation Settlement 
     Account. Procedures under this paragraph shall permit such a 
     local governmental entity to make such an election on a one-
     time basis.
       (B) Extension.--In the case of a local governmental entity 
     that has secured a judgment against a participating tobacco 
     product manufacturer, distributor, or retailer in a claim 
     described in subsection (a)(3) prior to or during the period 
     described in subparagraph (A), and such judgment has been 
     appealed by such manufacturer, distributor, or retailer, such 
     period shall be extended during the pendency of the appeal 
     and for an additional period as determined appropriate by the 
     Secretary, not to exceed one year.
       (C) Application to certain local governmental entities.--A 
     local governmental entity that has resolved a claim described 
     in subsection (a)(3) with a participating tobacco product 
     manufacturer, distributor, or retailer prior to the date of 
     enactment of this Act may not make an election described in 
     subparagraph (A) if, as part of the resolution of such claim, 
     the local governmental entity agreed that the enactment of 
     any national tobacco settlement legislation would supersede 
     the provisions of the resolution.
       (c) Addiction and Dependency Claims; Castano Civil 
     Actions.--
       (1) Addiction and dependence claims barred.--In any civil 
     action to which this title applies, no addiction claim or 
     dependence claim may be filed or maintained against a 
     participating tobacco product manufacturer.
       (2) Castano civil actions.--
       (A) In general.--The rights and benefits afforded in 
     section 221 of this Act, and the various research activities 
     envisioned by this Act, are provided in settlement of, and 
     shall constitute a remedy for the purpose of determining 
     civil liability as to those addiction or dependence claims 
     asserted in the Castano Civil Actions. The Castano Civil 
     Actions shall be dismissed to the extent that they seek 
     relief in the nature of public programs to assist addicted 
     smokers to overcome their addiction or other publicly 
     available health programs with full reservation of the rights 
     of individual class members to pursue claims not based on 
     addiction or dependency in civil actions in accordance with 
     this Act.
       (B) Arbitration.--For purposes of awarding attorneys fees 
     and expenses for those actions subject to this subsection, 
     the matter at issue shall be submitted to arbitration before 
     one panel of arbitrators. In any such arbitration, the 
     arbitration panel shall consist of 3 persons, one of whom 
     shall be chosen by the attorneys of the Castano Plaintiffs' 
     Litigation Committee who were signatories to the Memorandum 
     of Understanding dated June 20, 1997, by and between tobacco 
     product manufacturers, the Attorneys General, and private 
     attorneys, one of whom shall be chosen by the participating 
     tobacco product manufacturers, and one of whom shall be 
     chosen jointly by those 2 arbitrators.
       (C) Payment of awards.--The participating tobacco product 
     manufacturers shall pay the arbitration award.
       (d) Rules of Construction.--
       (1) Post enactment claims.--Nothing in this title shall be 
     construed to limit the ability of a government or person to 
     commence an action against a participating tobacco product 
     manufacturer, distributor, or retailer with respect to a 
     claim that is based on the conduct of such manufacturer, 
     distributor, or retailer that occurred after the date of 
     enactment of this Act.
       (2) No limitation on person.--Nothing in this title shall 
     be construed to limit the right of a government (other than a 
     State or local government as provided for under subsection 
     (a) and (b)) or person to commence any civil claim for past, 
     present, or future conduct by participating tobacco product 
     manufacturers, distributors, or retailers.
       (3) Criminal liability.--Nothing in this title shall be 
     construed to limit the criminal liability of a participating 
     tobacco product manufacturer, distributor or retailer or its 
     officers, directors, employees, successors, or assigns.
       (e) Definitions.--In this section:
       (1) Person.--The term ``person'' means an individual, 
     partnership, corporation, parent corporation or any other 
     business or legal entity or successor in interest of any such 
     person.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

                          ____________________