[Congressional Record Volume 148, Number 75 (Monday, June 10, 2002)]
[Senate]
[Pages S5288-S5294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3808. Mr. BYRD submitted an amendment intended to be proposed by

[[Page S5289]]

him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 8, after ``orientation,'' insert ``age,''.
       On page 5, line 24, after ``orientation,'' insert ``age,''.
       On page 10, line 25, after ``orientation,'' insert 
     ``age,''.
       On page 11, line 9, after ``orientation,'' insert ``age,''.
       On page 13, line 14, after ``orientation,'' insert 
     ``age,''.
                                  ____

  SA 3809. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill S. 625, to provide Federal assistance 
to States and local jurisdictions to prosecute hate crimes, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 11, line 9, after ``orientation,'' insert 
     ``pregnancy,''.
                                  ____

  SA 3810. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . DEFENSE OF HOME ACT.

       (a) Right To Keep a Firearm in One's Home. Notwithstanding 
     any other provisions of law, a person may not be held 
     criminally liable for the possession of a firearm, or 
     ammunition suitable for use in such firearm, or for the 
     manner in which such firearm was stored in the person's place 
     of residence if each of the following are established by a 
     preponderance of the evidence:
       (1) The person has attained the age of 18 years of age, has 
     not been convicted of a felony and is not otherwise 
     prohibited by 18 U.S.C. 922(g) from possessing a firearm; and
       (2) The possession occurred:
       (A) in place in which the person has resided for 30 days or 
     more; or
       (B) the firearm was unloaded and the person was traveling 
     to or from such place of residence for the purposes of 
     transporting the firearm in connection with an otherwise 
     lawful transaction or activity.
       (b) Right To Defend One's Home.--Notwithstanding any other 
     provision of law, a person shall have the right to use a 
     firearm in defense of the person's home to prevent the 
     commission of a felony by another or to prevent a reasonably 
     perceived threat of serious bodily injury to an individual in 
     the person's home.
       (c) Enforcement of Rights.--A person shall be immune from 
     prosecution in any state court or court of the United States 
     for violation of any law relating to possession, use, 
     transfer, receipt or transportation of a firearm, if it is 
     established by a preponderance of the evidence that:
       (1) The person's use, possession, transfer, or receipt of 
     the firearm was in connection with an otherwise lawful act of 
     self defense; and
       (2) The person's conduct complied with the requirements of 
     this section.
       (d) Definitions.--For purposes of this section, the term 
     firearm means a shotgun (as defined in 18 U.S.C. 921(a)(5)), 
     a rifle (as defined in 18 U.S.C. 921(a)(7)), or a handgun (as 
     defined in 18 U.S.C. 921(a)(29)).
                                  ____

  SA 3811. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 9, before the period, insert the following: 
     ``, as does the incidence of sexual abuse of minors on the 
     basis of their youth''.
       At the appropriate place, insert the following:

     SEC. ____. DISCLOSURE BY EMPLOYER OF SUSPECTED SEXUAL ABUSER.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2260A. Disclosure by employer of suspected sexual 
       abuser

       ``(a) Any person who has reasonable cause to suspect or 
     know that they are employing, or otherwise exercising any 
     supervisory role over, a suspected sexual abuser, shall 
     immediately disclose that cause of suspicion or knowledge to 
     Federal or State and local law enforcement officials.
       ``(b) Any person who exercises a supervisory role over a 
     suspected sexual abuser who is in contact with minors shall 
     suspend such suspected sexual abuser from duties that place 
     such suspected sexual abuser in contact with such minors.
       ``(c) Any person who violates subsection (a) or (b) shall 
     be imprisoned 60 days, fined $10,000, or both.
       ``(d) For purposes of this section, the term `sexual 
     abuser' means any person who employs, uses, persuades, 
     induces, entices, or coerces any minor to engage in, or 
     assist any other person to engage in, any genital contact or 
     other sexually explicit conduct, or any simulation of such 
     conduct, rape, statutory rape, molestation, prostitution, or 
     other form of sexual exploitation.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 110 of title 18, United States Code, is amended by 
     adding at the end the following:

``2260A. Disclosure by employer of suspected sexual abuser.''.

     SEC. ____. REPORT.

       Not later than 6 months after the date of enactment of this 
     Act, the Attorney General, in cooperation with the Secretary 
     of Labor, shall report to Congress on the affect of the 
     amendments made by this Act with respect to disclosure by 
     employers of suspected sexual abusers.
                                  ____

  SA 3812. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. DEFENSE AUTHORIZATION.

       (a) The provisions of S. 2514 of the 107th Congress as 
     reported by the Committee on Armed Services of the Senate on 
     May 15, 2002, are hereby enacted into law.
       (b) In publishing this Act in slip form and in the United 
     States Statutes at Large pursuant to section 112 of title 1, 
     United States Code, the Archivist of the United States shall 
     include after the date of approval at the end appendixes 
     setting forth the texts of the bills referred to in 
     subsection (a) and the text of any other bill enacted into 
     law by reference by reason of the enactment of this Act.
                                  ____

  SA 3813. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill S. 625, to provide Federal assistance 
to States and local jurisdictions to prosecute hate crimes, and for 
other purposes; which was ordered to lie on the table; as follows:

       Add at the end the following:
       ( ) Contingent Prohibition on Availability of Fiscal Year 
     2003 Funds for Support of Palestinian Authority.--(1) 
     Notwithstanding any other provision of law, no funds 
     available to any department, agency, or other element of the 
     Federal Government for fiscal year 2003 may be obligated or 
     expended for the purpose, or in a manner which would have the 
     effect, of supporting--
       (A) the Palestinian Authority;
       (B) any entity supported by the Palestinian Authority;
       (C) any successor entity to the Palestinian Authority or an 
     entity referred to in subparagraph (B); or
       (D) any private, voluntary organization for--
       (i) projects related to the Palestinian Authority; or
       (ii) projects located in Palestine that would otherwise be 
     undertaken by the Palestinian Authority or an entity referred 
     to in paragraph (2) or (3).
       (2) The prohibition in paragraph (1) shall cease to be 
     effective upon the submittal by the President to Congress of 
     a certification that neither the Palestinian Authority, nor 
     any entity supported by the Palestinian Authority, has 
     engaged in planning or carrying out any terrorist act during 
     the six-month period ending on the date of the certification.
       (3) For purposes of this subsection, support shall include 
     direct and indirect support, whether such support is 
     financial or otherwise, including support for the Holst Fund 
     of the World Bank and the United Nations Relief and Works 
     Agency.
                                  ____

  SA 3814. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

TITLE____--HELPING EFFICIENT, ACCESSIBLE, LOW COST, TIMELY HEALTH CARE 
                                (HEALTH)

     SEC. ____01. FINDINGS AND PURPOSE.

       (a) Findings.--
       (1) Effect on health care access and costs.--Congress finds 
     that our current civil justice system is adversely affecting 
     patient access to health care services, better patient care, 
     and cost-efficient health care, in that the health care 
     liability system is a costly and ineffective mechanism for 
     resolving claims of health care liability and compensating 
     injured patients, and is a deterrent to the sharing of 
     information among health care professionals which impedes 
     efforts to improve patient safety and quality of care.
       (2) Effect on interstate commerce.--Congress finds that the 
     health care and insurance industries are industries affecting 
     interstate commerce and the health care liability litigation 
     systems existing throughout the United States are activities 
     that affect interstate commerce by contributing to the high 
     costs of health care and premiums for health care liability 
     insurance purchased by health care system providers.
       (3) Effect on federal spending.--Congress finds that the 
     health care liability litigation systems existing throughout 
     the

[[Page S5290]]

     United States have a significant effect on the amount, 
     distribution, and use of Federal funds because of--
       (A) the large number of individuals who receive health care 
     benefits under programs operated or financed by the Federal 
     Government;
       (B) the large number of individuals who benefit because of 
     the exclusion from Federal taxes of the amounts spent to 
     provide them with health insurance benefits; and
       (C) the large number of health care providers who provide 
     items or services for which the Federal Government makes 
     payments.
       (b) Purpose.--It is the purpose of this title to implement 
     reasonable, comprehensive, and effective health care 
     liability reforms designed to--
       (1) improve the availability of health care services in 
     cases in which health care liability actions have been shown 
     to be a factor in the decreased availability of services;
       (2) reduce the incidence of ``defensive medicine'' and 
     lower the cost of health care liability insurance, all of 
     which contribute to the escalation of health care costs;
       (3) ensure that persons with meritorious health care injury 
     claims receive fair and adequate compensation, including 
     reasonable noneconomic damages;
       (4) improve the fairness and cost-effectiveness of our 
     current health care liability system to resolve disputes 
     over, and provide compensation for, health care liability by 
     reducing uncertainty in the amount of compensation provided 
     to injured individuals; and
       (5) provide an increased sharing of information in the 
     health care system which will reduce unintended injury and 
     improve patient care.

     SEC. ____02. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

       A health care lawsuit may be commenced no later than 3 
     years after the date of injury or 1 year after the claimant 
     discovers, or through the use of reasonable diligence should 
     have discovered, the injury, whichever occurs first. In no 
     event shall the time for commencement of a health care 
     lawsuit exceed 3 years, except that in the case of an alleged 
     injury sustained by a minor before the age of 6, a health 
     care lawsuit may be commenced by or on behalf of the minor 
     until the later of 3 years from the date of injury, or the 
     date on which the minor attains the age of 8.

     SEC. ____03. COMPENSATING PATIENT INJURY.

       (a) Unlimited Amount of Damages for Actual Economic Losses 
     in Health Care Lawsuits.--In any health care lawsuit, the 
     full amount of a claimant's economic loss may be fully 
     recovered without limitation.
       (b) Additional Noneconomic Damages.--In any health care 
     lawsuit, the amount of noneconomic damages recovered may be 
     as much as $250,000, regardless of the number of parties 
     against whom the action is brought or the number of separate 
     claims or actions brought with respect to the same 
     occurrence.
       (c) No Discount of Award for Noneconomic Damages.--In any 
     health care lawsuit, an award for future noneconomic damages 
     shall not be discounted to present value. The jury shall not 
     be informed about the maximum award for noneconomic damages. 
     An award for noneconomic damages in excess of $250,000 shall 
     be reduced either before the entry of judgment, or by 
     amendment of the judgment after entry of judgment, and such 
     reduction shall be made before accounting for any other 
     reduction in damages required by law. If separate awards are 
     rendered for past and future noneconomic damages and the 
     combined awards exceed $250,000, the future noneconomic 
     damages shall be reduced first.
       (d) Fair Share Rule.--In any health care lawsuit, each 
     party shall be liable for that party's several share of any 
     damages only and not for the share of any other person. Each 
     party shall be liable only for the amount of damages 
     allocated to such party in direct proportion to such party's 
     percentage of responsibility. A separate judgment shall be 
     rendered against each such party for the amount allocated to 
     such party. For purposes of this section, the trier of fact 
     shall determine the proportion of responsibility of each 
     party for the claimant's harm.

     SEC. ____04. MAXIMIZING PATIENT RECOVERY.

       (a) Court Supervision of Share of Damages Actually Paid to 
     Claimants.--In any health care lawsuit, the court shall 
     supervise the arrangements for payment of damages to protect 
     against conflicts of interest that may have the effect of 
     reducing the amount of damages awarded that are actually paid 
     to claimants. In particular, in any health care lawsuit in 
     which the attorney for a party claims a financial stake in 
     the outcome by virtue of a contingent fee, the court shall 
     have the power to restrict the payment of a claimant's damage 
     recovery to such attorney, and to redirect such damages to 
     the claimant based upon the interests of justice and 
     principles of equity. In no event shall the total of all 
     contingent fees for representing all claimants in a health 
     care lawsuit exceed the following limits:
       (1) 40 percent of the first $50,000 recovered by the 
     claimant(s).
       (2) 33\1/3\ percent of the next $50,000 recovered by the 
     claimant(s).
       (3) 25 percent of the next $500,000 recovered by the 
     claimant(s).
       (4) 15 percent of any amount by which the recovery by the 
     claimant(s) is in excess of $600,000.
       (b) Applicability.--The limitations in this section shall 
     apply whether the recovery is by judgment, settlement, 
     mediation, arbitration, or any other form of alternative 
     dispute resolution. In a health care lawsuit involving a 
     minor or incompetent person, a court retains the authority to 
     authorize or approve a fee that is less than the maximum 
     permitted under this section.

     SEC. ____05. ADDITIONAL HEALTH BENEFITS.

       In any health care lawsuit, any party may introduce 
     evidence of collateral source benefits. If a party elects to 
     introduce such evidence, any opposing party may introduce 
     evidence of any amount paid or contributed or reasonably 
     likely to be paid or contributed in the future by or on 
     behalf of the opposing party to secure the right to such 
     collateral source benefits. No provider of collateral source 
     benefits shall recover any amount against the claimant or 
     receive any lien or credit against the claimant's recovery or 
     be equitably or legally subrogated to the right of the 
     claimant in a health care lawsuit. This section shall apply 
     to any health care lawsuit that is settled as well as a 
     health care lawsuit that is resolved by a fact finder.

     SEC. ____06. PUNITIVE DAMAGES.

       (a) In General.--Punitive damages may, if otherwise 
     permitted by applicable State or Federal law, be awarded 
     against any person in a health care lawsuit only if it is 
     proven by clear and convincing evidence that such person 
     acted with malicious intent to injure the claimant, or that 
     such person deliberately failed to avoid unnecessary injury 
     that such person knew the claimant was substantially certain 
     to suffer. In any health care lawsuit where no judgment for 
     compensatory damages is rendered against such person, no 
     punitive damages may be awarded with respect to the claim in 
     such lawsuit. No demand for punitive damages shall be 
     included in a health care lawsuit as initially filed. A court 
     may allow a claimant to file an amended pleading for punitive 
     damages only upon a motion by the claimant and after a 
     finding by the court, upon review of supporting and opposing 
     affidavits or after a hearing, after weighing the evidence, 
     that the claimant has established by a substantial 
     probability that the claimant will prevail on the claim for 
     punitive damages. At the request of any party in a health 
     care lawsuit, the trier of fact shall consider in a separate 
     proceeding--
       (1) whether punitive damages are to be awarded and the 
     amount of such award; and
       (2) the amount of punitive damages following a 
     determination of punitive liability.
     If a separate proceeding is requested, evidence relevant only 
     to the claim for punitive damages, as determined by 
     applicable State law, shall be inadmissible in any proceeding 
     to determine whether compensatory damages are to be awarded.
       (b) Determining Amount of Punitive Damages.--
       (1) Factors considered.--In determining the amount of 
     punitive damages, the trier of fact shall consider only the 
     following:
       (A) the severity of the harm caused by the conduct of such 
     party;
       (B) the duration of the conduct or any concealment of it by 
     such party;
       (C) the profitability of the conduct to such party;
       (D) the number of products sold or medical procedures 
     rendered for compensation, as the case may be, by such party, 
     of the kind causing the harm complained of by the claimant;
       (E) any criminal penalties imposed on such party, as a 
     result of the conduct complained of by the claimant; and
       (F) the amount of any civil fines assessed against such 
     party as a result of the conduct complained of by the 
     claimant.
       (2) Maximum award.--The amount of punitive damages awarded 
     in a health care lawsuit may be up to as much as two times 
     the amount of economic damages awarded or $250,000, whichever 
     is greater. The jury shall not be informed of this 
     limitation.
       (c) No Civil Monetary Penalties for Products That Comply 
     With FDA Standards.--
       (1) In general.--No punitive damages may be awarded against 
     the manufacturer or distributor of a medical product based on 
     a claim that such product caused the claimant's harm where--
       (A)(i) such medical product was subject to premarket 
     approval or clearance by the Food and Drug Administration 
     with respect to the safety of the formulation or performance 
     of the aspect of such medical product which caused the 
     claimant's harm or the adequacy of the packaging or labeling 
     of such medical product; and
       (ii) such medical product was so approved or cleared; or
       (B) such medical product is generally recognized among 
     qualified experts as safe and effective pursuant to 
     conditions established by the Food and Drug Administration 
     and applicable Food and Drug Administration regulations, 
     including without limitation those related to packaging and 
     labeling.
       (2) Liability of health care providers.--A health care 
     provider who prescribes a drug or device (including blood 
     products) approved by the Food and Drug Administration shall 
     not be named as a party to a product liability lawsuit 
     involving such drug or device and shall not be liable to a 
     claimant in a class action lawsuit against the manufacturer, 
     distributor, or product seller of such drug or device.
       (3) Packaging.--In a health care lawsuit for harm which is 
     alleged to relate to the adequacy of the packaging or 
     labeling of a

[[Page S5291]]

     drug which is required to have tamper-resistant packaging 
     under regulations of the Secretary of Health and Human 
     Services (including labeling regulations related to such 
     packaging), the manufacturer or product seller of the drug 
     shall not be held liable for punitive damages unless such 
     packaging or labeling is found by the trier of fact by clear 
     and convincing evidence to be substantially out of compliance 
     with such regulations.
       (4) Exception.--Paragraph (1) shall not apply in any health 
     care lawsuit in which--
       (A) a person, before or after premarket approval or 
     clearance of such medical product, knowingly misrepresented 
     to or withheld from the Food and Drug Administration 
     information that is required to be submitted under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) 
     or section 351 of the Public Health Service Act (42 U.S.C. 
     262) that is material and is causally related to the harm 
     which the claimant allegedly suffered; or
       (B) a person made an illegal payment to an official of the 
     Food and Drug Administration for the purpose of either 
     securing or maintaining approval or clearance of such medical 
     product.

     SEC. ____07. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO 
                   CLAIMANTS IN HEALTH CARE LAWSUITS.

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

     SEC. ____08. DEFINITIONS.

       In this title:
       (1) Alternative dispute resolution system; adr.--The term 
     ``alternative dispute resolution system'' or ``ADR'' means a 
     system that provides for the resolution of health care 
     lawsuits in a manner other than through a civil action 
     brought in a State or Federal court.
       (2) Claimant.--The term ``claimant'' means any person who 
     brings a health care lawsuit, including a person who asserts 
     or claims a right to legal or equitable contribution, 
     indemnity or subrogation, arising out of a health care 
     liability claim or action, and any person on whose behalf 
     such a claim is asserted or such an action is brought, 
     whether deceased, incompetent, or a minor.
       (3) Collateral source benefits.--The term ``collateral 
     source benefits'' means any amount paid or reasonably likely 
     to be paid in the future to or on behalf of the claimant, or 
     any service, product or other benefit provided or reasonably 
     likely to be provided in the future to or on behalf of the 
     claimant, as a result of the injury or wrongful death, 
     pursuant to--
       (A) any State or Federal health, sickness, income-
     disability, accident, or workers' compensation law;
       (B) any health, sickness, income-disability, or accident 
     insurance that provides health benefits or income-disability 
     coverage;
       (C) any contract or agreement of any group, organization, 
     partnership, or corporation to provide, pay for, or reimburse 
     the cost of medical, hospital, dental, or income disability 
     benefits; and
       (D) any other publicly or privately funded program.
       (4) Compensatory damages.--The term ``compensatory 
     damages'' means objectively verifiable monetary losses 
     incurred as a result of the provision of, use of, or payment 
     for (or failure to provide, use, or pay for) health care 
     services or medical products, such as past and future medical 
     expenses, loss of past and future earnings, cost of obtaining 
     domestic services, loss of employment, and loss of business 
     or employment opportunities, damages for physical and 
     emotional pain, suffering, inconvenience, physical 
     impairment, mental anguish, disfigurement, loss of enjoyment 
     of life, loss of society and companionship, loss of 
     consortium (other than loss of domestic service), hedonic 
     damages, injury to reputation, and all other nonpecuniary 
     losses of any kind or nature. The term ``compensatory 
     damages'' includes economic damages and noneconomic damages, 
     as such terms are defined in this section.
       (5) Contingent fee.--The term ``contingent fee'' includes 
     all compensation to any person or persons which is payable 
     only if a recovery is effected on behalf of one or more 
     claimants.
       (6) Economic damages.--The term ``economic damages'' means 
     objectively verifiable monetary losses incurred as a result 
     of the provision of, use of, or payment for (or failure to 
     provide, use, or pay for) health care services or medical 
     products, such as past and future medical expenses, loss of 
     past and future earnings, cost of obtaining domestic 
     services, loss of employment, and loss of business or 
     employment opportunities.
       (7) Health care lawsuit.--The term ``health care lawsuit'' 
     means any health care liability claim concerning the 
     provision of health care goods or services affecting 
     interstate commerce, or any health care liability action 
     concerning the provision of health care goods or services 
     affecting interstate commerce, brought in a State or Federal 
     court or pursuant to an alternative dispute resolution 
     system, against a health care provider, a health care 
     organization, or the manufacturer, distributor, supplier, 
     marketer, promoter, or seller of a medical product, 
     regardless of the theory of liability on which the claim is 
     based, or the number of claimants, plaintiffs, defendants, or 
     other parties, or the number of claims or causes of action, 
     in which the claimant alleges a health care liability claim.
       (8) Health care liability action.--The term ``health care 
     liability action'' means a civil action brought in a State or 
     Federal Court or pursuant to an alternative dispute 
     resolution system, against a health care provider, a health 
     care organization, or the manufacturer, distributor, 
     supplier, marketer, promoter, or seller of a medical product, 
     regardless of the theory of liability on which the claim is 
     based, or the number of plaintiffs, defendants, or other 
     parties, or the number of causes of action, in which the 
     claimant alleges a health care liability claim.
       (9) Health care liability claim.--The term ``health care 
     liability claim'' means a demand by any person, whether or 
     not pursuant to ADR, against a health care provider, health 
     care organization, or the manufacturer, distributor, 
     supplier, marketer, promoter, or seller of a medical product, 
     including, but not limited to, third-party claims, cross-
     claims, counter-claims, or contribution claims, which are 
     based upon the provision of, use of, or payment for (or the 
     failure to provide, use, or pay for) health care services or 
     medical products, regardless of the theory of liability on 
     which the claim is based, or the number of plaintiffs, 
     defendants, or other parties, or the number of causes of 
     action.
       (10) Health care organization.--The term ``health care 
     organization'' means any person or entity which is obligated 
     to provide or pay for health benefits under any health plan, 
     including any person or entity acting under a contract or 
     arrangement with a health care organization to provide or 
     administer any health benefit.
       (11) Health care provider.--The term ``health care 
     provider'' means any person or entity required by State or 
     Federal laws or regulations to be licensed, registered, or 
     certified to provide health care services, and being either 
     so licensed, registered, or certified, or exempted from such 
     requirement by other statute or regulation.
       (12) Health care goods or services.--The term ``health care 
     goods or services'' means any goods or services provided by a 
     health care organization, provider, or by any individual 
     working under the supervision of a health care provider, that 
     relates to the diagnosis, prevention, or treatment of any 
     human disease or impairment, or the assessment of the health 
     of human beings.
       (13) Malicious intent to injure.--The term ``malicious 
     intent to injure'' means intentionally causing or attempting 
     to cause physical injury other than providing health care 
     goods or services.
       (14) Medical product.--The term ``medical product'' means a 
     drug or device intended for humans, and the terms ``drug'' 
     and ``device'' have the meanings given such terms in sections 
     201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic 
     Act (21 U.S.C. 321), respectively, including any component or 
     raw material used therein, but excluding health care 
     services.
       (15) Noneconomic damages.--The term ``noneconomic damages'' 
     means damages for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation, and 
     all other nonpecuniary losses of any kind or nature.
       (16) Punitive damages.--The term ``punitive damages'' means 
     damages awarded, for the purpose of punishment or deterrence, 
     and not solely for compensatory purposes, against a health 
     care provider, health care organization, or a manufacturer, 
     distributor, or supplier of a medical product. Punitive 
     damages are neither economic nor noneconomic damages.
       (17) Recovery.--The term ``recovery'' means the net sum 
     recovered after deducting any disbursements or costs incurred 
     in connection with prosecution or settlement of the claim, 
     including all costs paid or advanced by any person. Costs of 
     health care incurred by the plaintiff and the attorneys' 
     office overhead costs or charges for legal services are not 
     deductible disbursements or costs for such purpose.
       (18) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the Northern 
     Mariana Islands, the Trust Territory of the Pacific Islands, 
     and any other territory or possession of the United States, 
     or any political subdivision thereof.

     SEC. ____09. EFFECT ON OTHER LAWS.

       (a) Vaccine Injury.--
       (1) In general.--To the extent that title XXI of the Public 
     Health Service Act establishes a Federal rule of law 
     applicable to a civil action brought for a vaccine-related 
     injury or death--
       (A) this title does not affect the application of the rule 
     of law to such an action; and
       (B) any rule of law prescribed by this title in conflict 
     with a rule of law of such title XXI shall not apply to such 
     action.

[[Page S5292]]

       (2) Application of title to certain actions.--If there is 
     an aspect of a civil action brought for a vaccine-related 
     injury or death to which a Federal rule of law under title 
     XXI of the Public Health Service Act does not apply, then 
     this title or otherwise applicable law (as determined under 
     this title) will apply to such aspect of such action.
       (b) Other Federal Law.--Except as provided in this section, 
     nothing in this title shall be deemed to affect any defense 
     available to a defendant in a health care lawsuit or action 
     under any other provision of Federal law.

     SEC. ____10. STATE FLEXIBILITY AND PROTECTION OF STATES' 
                   RIGHTS.

       (a) Health Care Lawsuits.--The provisions governing health 
     care lawsuits set forth in this title preempt, subject to 
     subsections (b) and (c), State law to the extent that State 
     law prevents the application of any provisions of law 
     established by or under this title. The provisions governing 
     health care lawsuits set forth in this title supersede 
     chapter 171 of title 28, United States Code, to the extent 
     that such chapter--
       (1) provides for a greater amount of damages or contingent 
     fees, a longer period in which a health care lawsuit may be 
     commenced, or a reduced applicability or scope of periodic 
     payment of future damages, than provided in this title; or
       (2) prohibits the introduction of evidence regarding 
     collateral source benefits, or mandates or permits 
     subrogation or a lien on collateral source benefits.
       (b) Protection of States' Rights.--Any issue that is not 
     governed by any provision of law established by or under this 
     title (including State standards of negligence) shall be 
     governed by otherwise applicable State or Federal law. This 
     title does not preempt or supersede any law that imposes 
     greater protections (such as a shorter statute of 
     limitations) for health care providers and health care 
     organizations from liability, loss, or damages than those 
     provided by this title.
       (c) State Flexibility.--No provision of this title shall be 
     construed to preempt--
       (1) any State statutory limit (whether enacted before, on, 
     or after the date of the enactment of this title) on the 
     amount of compensatory or punitive damages (or the total 
     amount of damages) that may be awarded in a health care 
     lawsuit, whether or not such State limit permits the recovery 
     of a specific dollar amount of damages that is greater or 
     lesser than is provided for under this title, notwithstanding 
     section ____3(a); or
       (2) any defense available to a party in a health care 
     lawsuit under any other provision of State or Federal law.

     SEC. ____011. APPLICABILITY; EFFECTIVE DATE.

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

  SA 3815. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NEWSPAPER THEFT IN VIOLATION OF FIRST AMENDMENT 
                   RIGHTS.

       (a) Offense.--
       (1) In general.--Chapter 13 of title 18, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 249. Newspaper theft in violation of first amendment 
       rights

       ``(a) Newspaper Defined.--In this section, the term 
     `newspaper' means any periodical that is distributed on a 
     complimentary or compensatory basis on or near a college or 
     university.
       ``(b) Elements of Offense.--Whoever willfully or knowingly 
     obtains or exerts unauthorized control over newspapers, or 
     destroys such newspapers, with the intent to prevent other 
     individuals from reading the newspapers shall be punished as 
     provided in subsection (c).
       ``(c) Penalty.--A person who violates this section is 
     guilty of a class C misdemeanor.''.
       (2) Chapter analysis.--The chapter analysis for chapter 13 
     of title 18, United States Code, is amended by inserting at 
     the end the following:

``249. Newspaper theft in violation of first amendment rights.''.

       (b) Study.--The Attorney General, in cooperation with the 
     Secretary of Education, shall--
       (1) not later than 6 months after the date of enactment of 
     this Act, report to Congress on the frequency and extent of 
     newspaper theft on college and university campuses; and
       (2) work with States and local jurisdictions on developing 
     laws and ordinances that are substantially similar to section 
     249 of title 18, United States Code, as added by subsection 
     (a).
                                  ____

  SA 3816. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 9, before the period, insert the following: 
     ``, as does the incidence of sexual abuse of minors on the 
     basis of their youth''.
       On page 13, between lines 4 and 5, insert the following:
       ``(3) Offenses involving the sexual abuse of pre-pubescent 
     children and other minors.--
       ``(A) In general.--Any person who engages in any act of 
     sexual abuse of pre-pubescent children or any person who is 
     in a position of authority and engages in any act of sexual 
     abuse of post-pubescent minors shall be fined in accordance 
     with this title, imprisoned not less than 1 year and not more 
     than 5 years, or both.
       ``(B) Definition.--For purposes of this paragraph, the term 
     `sexual abuse' means employment, use, persuasion, inducement, 
     enticement, or coercion of any minor to engage in, or assist 
     any other person to engage in, any genital contact or other 
     sexually explicit conduct, or any simulation of such conduct, 
     rape, statutory rape, molestation, prostitution, or other 
     form of sexual exploitation.
       At the appropriate place, insert the following:

     SEC. ____. SEXUAL ABUSE OF CHILDREN AND OTHER MINORS.

       Section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note) is amended--
       (1) by striking ``means a crime'' and inserting the 
     following: ``means--
       ``(1) a crime''; and
       (2) by striking the period at the end and inserting the 
     following: ``; and
       ``(2) an offense involving the sexual abuse of pre-
     pubescent children or the sexual abuse or post-pubescent 
     minors by a person who is in a position of authority, as 
     described in section 249(a)(3) of title 18.''.

     SEC. ____. REPORT.

       Not later than 6 months after the date of enactment of this 
     Act, the Attorney General, in cooperation with the Secretary 
     of Labor, shall report to Congress on the affect of the 
     amendments made by this Act with respect to hate crime 
     offenses involving the sexual abuse of minors.
                                  ____

  SA 3817. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, line 25, after ``orientation,'' insert 
     ``age,''.
       On page 11, line 9, after ``orientation,'' insert ``age,''.
                                  ____

  SA. 3818. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 8, after ``orientation,'' insert ``age,''.
       On page 5, line 24, after ``orientation,'' insert ``age,''.
       On page 10, line 25, after ``orientation,'' insert 
     ``age,''.
       On page 11, line 9, after ``orientation,'' insert ``age,''.
       On page 13, line 14, after ``orientation,'' insert 
     ``age,''.
                                  ____

  SA 3819. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 11, line 9, after ``orientation,'' insert ``law 
     enforcement officials, including State and Federal 
     prosecutors, judges, firefighters, and law enforcement 
     officers,''.
                                  ____

  SA 3820. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 11, line 9, after ``orientation,'' insert ``union 
     membership or lack thereof,''.
                                  ____

  SA 3821. Mr. MURKOWSKI submitted an amendment intended to be proposed 
by him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 4, between lines 3 and 4, insert the following:
       (11) Many Alaska Natives were subject to slavery prior to 
     the purchase of Alaska by the United States in 1867. Since 
     that time, language and cultural barriers have made it 
     difficult for Alaska Natives to understand the nuances of the 
     United States judicial system. Many Alaska Natives have been 
     victimized by racial discrimination, leading to a widespread 
     perception among Alaska Native leaders of racial bias against 
     the Alaska Native community.

[[Page S5293]]

       On page 4, line 4, strike ``(11)'' and insert ``(12)''.
       On page 4, line 17, strike ``(12)'' and insert ``(13)''.
       On page 4, line 21, strike ``(13)'' and insert ``(14)''.
                                  ____

  SA 3822. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 14 and all that follows through 
     page 11, line 23, and insert the following:
     both;
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if the 
     offense includes kidnaping or an attempt to kidnap, 
     aggravated sexual abuse or an attempt to commit aggravated 
     sexual abuse, or an attempt to kill; and
       ``(C) shall be punished by death or imprisonment for any 
     term of years or for life, or both, if death results from the 
     offense, provided that the State in which the offense was 
     committed would have provided for the punishment of death if 
     the offense was prosecuted under the laws of such State.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both;
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if the 
     offense includes kidnaping or an attempt to kidnap, 
     aggravated sexual abuse or an attempt to commit aggravated 
     sexual abuse, or an attempt to kill; and
       ``(iii) shall be punished by death or imprisonment for any 
     term of years or for life, or both, if death results from the 
     offense, provided that the State in which the offense was 
     committed would have provided for the punishment of death if 
     the offense was prosecuted under the laws of such State.
                                  ____

  SA 3823. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 13, strike line 23 and all that follows through 
     page 14, line 6, and insert the following:
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction; or
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction.''
                                  ____

  SA 3824. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
as follows:

       On page 10, strike line 14 and all that follows through 
     page 11, line 23, and insert the following:
     both;
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if the 
     offense includes kidnaping or an attempt to kidnap, 
     aggravated sexual abuse or an attempt to commit aggravated 
     sexual abuse, or an attempt to kill; and
       ``(C) shall be punished by death or imprisonment for any 
     term of years or for life, or both, if death results from the 
     offense.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both;
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if the 
     offense includes kidnaping or an attempt to kidnap, 
     aggravated sexual abuse or an attempt to commit aggravated 
     sexual abuse, or an attempt to kill; and
       ``(iii) shall be punished by death or imprisonment for any 
     term of years or for life, or both, if death results from the 
     offense.
                                  ____

  SA 3825. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 625, to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION ____. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this subsection, 
     the term ``relevant offense'' means a crime described in 
     section 1(b)(1) of the Hate Crimes Statistics Act (28 U.S.C. 
     534 note) and a crime that manifests evidence of prejudice 
     based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall select 5 
     jurisdictions with laws classifying certain types of offenses 
     as relevant offenses and 5 jurisdictions without such laws 
     from which to collect the data described in subparagraph (C) 
     over a 12-month period.
       (C) Data to be collected.--The data described in this 
     subparagraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, and in cases where the 
     Attorney General determines special circumstances exist, the 
     Attorney General, acting through the Director of the Federal 
     Bureau of Investigation may provide technical, forensic, 
     prosecutorial, or any other assistance in the criminal 
     investigation or prosecution of any crime that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the victim's actual or perceived race, color, religion, 
     national origin, or sexual orientation.
       (c) Appointment of Liaisons.--
       (1) In general.--The Attorney General, or a designee of the 
     Attorney General, shall appoint not less than 1 Assistant 
     United States Attorney in every Federal jurisdiction in the 
     United States to act as a liaison for State and local 
     prosecutions of the offenses specified in subsection (b).
       (2) Responsibilities.--The liaisons appointed under 
     paragraph (1)--
       (A) shall ensure that any State and local requests for 
     assistance are timely processed; and
       (B) may assist the State and local investigation or 
     prosecution in any way consistent with Department of Justice 
     policy, including obtaining wiretaps pursuant to chapter 119 
     of title 18, United States Code, or obtaining search warrants 
     from a United States District Court.
       (d) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the victim's actual or perceived race, color, religion, 
     national origin, or sexual orientation.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by

[[Page S5294]]

     animus against the victim by reason of the membership of the 
     victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case, absent a certification 
     from the Attorney General, or a designee of the Attorney 
     General, that special circumstances warranting additional 
     funds exist.
       (5) Report and audit.--Not later than December 31, 2003, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2003 and 2004 to carry out this section.
                                  ____

  SA 3826. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 625 to provide Federal assistance to States and 
local jurisdictions to prosecute hate crimes, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this subsection, 
     the term ``relevant offense'' means a crime described in 
     section 1(b)(1) of the Hate Crimes Statistics Act (28 U.S.C. 
     534 note) and a crime that manifests evidence of prejudice 
     based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall select 5 
     jurisdictions with laws classifying certain types of offenses 
     as relevant offenses and 5 jurisdictions without such laws 
     from which to collect the data described in subparagraph (C) 
     over a 12-month period.
       (C) Data to be collected.--The data described in this 
     subparagraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, and in cases where the 
     Attorney General determines special circumstances exist, the 
     Attorney General, acting through the Director of the Federal 
     Bureau of Investigation may provide technical, forensic, 
     prosecutorial, or any other assistance in the criminal 
     investigation or prosecution of any crime that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the victim's actual or perceived race, color, religion, 
     national origin, or sexual orientation.
       (c) Appointment of Liaisons.--
       (1) In general.--The Attorney General, or a designee of the 
     Attorney General, shall appoint not less than 1 Assistant 
     United States Attorney in every Federal jurisdiction in the 
     United States to act as a liaison for State and local 
     prosecutions of the offenses specified in subsection (b).
       (2) Responsibilities.--The liaisons appointed under 
     paragraph (1)--
       (A) shall ensure that any State and local requests for 
     assistance are timely processed; and
       (B) may assist the State and local investigation or 
     prosecution in any way consistent with Department of Justice 
     policy, including obtaining wiretaps pursuant to chapter 119 
     of title 18, United States Code, or obtaining search warrants 
     from a United States District Court.
       (d) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the victim's actual or perceived race, color, religion, 
     national origin, or sexual orientation.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case, absent a certification 
     from the Attorney General, or a designee of the Attorney 
     General, that special circumstances warranting additional 
     funds exist.
       (5) Report and audit.--Not later than December 31, 2003, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2003 and 2004 to carry out this section.

                          ____________________