[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 2697-2703]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

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

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

     SEC. 5. ARMOR PIERCING AMMUNITION.

       (a) Expansion of Definition of Armor Piercing Ammunition.--
     Section 921(a)(17)(B) of title 18, United States Code, is 
     amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(iii) a projectile that may be used in a handgun and that 
     the Attorney General determines, pursuant to section 926(d), 
     to be capable of penetrating body armor; or
       ``(iv) a projectile for a centerfire rifle, designed or 
     marketed as having armor piercing capability, that the 
     Attorney General determines, pursuant to section 926(d), to 
     be more likely to penetrate body armor than standard 
     ammunition of the same caliber.''.
       (b) Determination of the Capability of Projectiles To 
     Penetrate Body Armor.--Section 926 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(d)(1) Not later than 1 year after the date of enactment 
     of this subsection, the Attorney General shall promulgate 
     standards for the uniform testing of projectiles against Body 
     Armor Exemplar.
       ``(2) The standards promulgated pursuant to paragraph (1) 
     shall take into account, among other factors, variations in 
     performance that are related to the length of the barrel of 
     the handgun or centerfire rifle from which the projectile is 
     fired and the amount and kind of powder used to propel the 
     projectile.
       ``(3) As used in paragraph (1), the term `Body Armor 
     Exemplar' means body armor that the Attorney General 
     determines meets minimum standards for the protection of law 
     enforcement officers.''.
                                 ______
                                 
  SA 2620. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1805, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages resulting from the 
misuse of their products by others; as follows:


[[Page 2698]]

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

     SEC. 5. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES.

       (a) Short Title.--This section may be cited as the ``Child 
     Safety Device Act of 2004''.
       (b) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `locking device' means a device or locking 
     mechanism that is approved by a licensed firearms 
     manufacturer for use on the handgun with which the device or 
     locking mechanism is sold, delivered, or transferred and 
     that--
       ``(A) if installed on a firearm and secured by means of a 
     key or a mechanically, electronically, or electromechanically 
     operated combination lock, is designed to prevent the firearm 
     from being discharged without first deactivating or removing 
     the device by means of a key or mechanically, electronically, 
     or electromechanically operated combination lock;
       ``(B) if incorporated into the design of a firearm, is 
     designed to prevent discharge of the firearm by any person 
     who does not have access to the key or other device designed 
     to unlock the mechanism and thereby allow discharge of the 
     firearm; or
       ``(C) is a safe, gun safe, gun case, lock box, or other 
     device that is designed to store a firearm and that is 
     designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (c) Unlawful Acts.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(z) Locking Devices.--
       ``(1) In general.--Except as provided under paragraph (2), 
     it shall be unlawful for any licensed importer, licensed 
     manufacturer, or licensed dealer to sell, deliver, or 
     transfer any handgun to any person other than a licensed 
     importer, licensed manufacturer, or licensed dealer, unless 
     the transferee is provided with a locking device for that 
     handgun.
       ``(2) Exceptions.--Paragraph (1) shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by, 
     the United States, a department or agency of the United 
     States, a State, or a department, agency, or political 
     subdivision of a State, of a firearm;
       ``(B) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in subparagraph (A) 
     of a firearm for law enforcement purposes (whether on or off 
     duty); or
       ``(C) the transfer to, or possession by, a rail police 
     officer employed by a rail carrier and certified or 
     commissioned as a police officer under State law of a firearm 
     for purposes of law enforcement (whether on or off duty).''.
       (2) Effective date.--Section 922(z) of title 18, United 
     States Code, as added by this subsection, shall take effect 
     on the date which is 180 days after the date of enactment of 
     this Act.
       (d) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating to Locking Devices.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(z)(1) by a licensee, the Attorney General shall, after 
     notice and opportunity for hearing--
       ``(i) suspend or revoke any license issued to the licensee 
     under this chapter;
       ``(ii) subject the licensee to a civil penalty of not more 
     than $15,000; or
       ``(iii) impose the penalties described in clauses (i) and 
     (ii).
       ``(B) Review.--An action by the Attorney General under this 
     paragraph may be reviewed only as provided under section 
     923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Attorney 
     General.''.
       (e) Amendment to Consumer Product Safety Act.--The Consumer 
     Product Safety Act (15 U.S.C. 2051 et seq.), is amended by 
     adding at the end the following:

     ``SEC. 39. CHILD HANDGUN SAFETY DEVICES.

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

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

       (g) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Consumer Product Safety Commission $2,000,000 for each of 
     the fiscal years 2005 through 2007 to carry out the 
     provisions of section 39 of the Consumer Product Safety Act, 
     as added by subsection (e).
       (2) Availability of funds.--Any amounts appropriated 
     pursuant to paragraph (1) shall remain available until 
     expended.
                                 ______
                                 
  SA 2621. Mr. DASCHLE (for himself, Mr. Craig, and Mr. Baucus) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:
       On page 7, line 19, strike ``including'' and all that 
     follows through page 8, line 19, and insert ``including, but 
     not limited to--

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

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

[[Page 2699]]

     manufacture, importation, or sale of a qualified product.
       On page 11, strike lines 16 through 19, and insert the 
     following:
       (9) Unlawful misuse.--The term ``unlawful misuse'' means 
     conduct that violates a statute, ordinance, or regulation as 
     it relates to the use of a qualified product.
                                 ______
                                 
  SA 2622. Mr. KOHL proposed an amendment to amendment SA 2620 
submitted by Mrs. Boxer to the bill S. 1805, to prohibit civil 
liability actions from being brought or continued against 
manufacturers, distributors, dealers, or importers of firearms or 
ammunition for damages resulting from the misuse of their products by 
others; as follows:

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

                      TITLE II--CHILD SAFETY LOCKS

     SEC. 201. SHORT TITLE.

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

     SEC. 202. PURPOSES.

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

     SEC. 203. FIREARMS SAFETY.

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

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

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

     SEC. 204. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.
                                 ______
                                 
  SA 2623. Mr. HATCH (for Mr. Campbell (for himself, Mr. Leahy, Mr. 
Hatch, Mr. DeWine, Mr. Sessions, Mr. Craig, Mr. Reid, and Mrs. Boxer)) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

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

     SEC. 5. LAW ENFORCEMENT OFFICERS SAFETY ACT.

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

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

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

[[Page 2700]]

       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18, United States Code, is amended by inserting 
     after the item relating to section 926A the following:

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

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

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

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

``926C. Carrying of concealed firearms by qualified retired law 
              enforcement officers.''.
                                 ______
                                 
  SA 2624. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1805, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages resulting from the 
misuse of their products by others; which was ordered to lie on the 
table as follows:

       At the end of the bill, add the following:

                   TITLE __--MEDICAL LIABILITY REFORM

     SEC. __01. SHORT TITLE.

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

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Alternative dispute resolution system; adr.--The term 
     ``alternative dispute resolution system'' or ``ADR'' means a 
     system that provides for the resolution of health care 
     lawsuits in a manner other than through a civil action 
     brought in a State or Federal court.
       (2) Claimant.--The term ``claimant'' means any person who 
     brings a health care lawsuit, including a person who asserts 
     or claims a right to legal or equitable contribution, 
     indemnity or subrogation, arising out of a health care 
     liability claim or action, and any person on whose behalf 
     such a claim is asserted or such an action is brought, 
     whether deceased, incompetent, or a minor.
       (3) Collateral source benefits.--The term ``collateral 
     source benefits'' means any amount paid or reasonably likely 
     to be paid in the future to or on behalf of the claimant, or 
     any service, product or other benefit provided or reasonably 
     likely to be provided in the future to or on behalf of the 
     claimant, as a result of the injury or wrongful death, 
     pursuant to--
       (A) any State or Federal health, sickness, income-
     disability, accident, or workers' compensation law;
       (B) any health, sickness, income-disability, or accident 
     insurance that provides health benefits or income-disability 
     coverage;
       (C) any contract or agreement of any group, organization, 
     partnership, or corporation to provide, pay for, or reimburse 
     the cost of medical, hospital, dental, or income disability 
     benefits; and
       (D) any other publicly or privately funded program.
       (4) Compensatory damages.--The term ``compensatory 
     damages'' means objectively verifiable monetary losses 
     incurred as a result of the provision of, use of, or payment 
     for (or failure to provide, use, or pay for) health care 
     services or medical products, such as past and future medical 
     expenses, loss of past and future earnings, cost of obtaining 
     domestic services, loss of employment, and loss of business 
     or employment opportunities, damages for physical and 
     emotional pain, suffering, inconvenience, physical 
     impairment, mental anguish, disfigurement, loss of enjoyment 
     of life, loss of society and companionship, loss of 
     consortium (other than loss of domestic service), hedonic 
     damages, injury to reputation, and all other nonpecuniary 
     losses of any kind or nature. Such term includes economic 
     damages and noneconomic damages, as such terms are defined in 
     this section.
       (5) Contingent fee.--The term ``contingent fee'' includes 
     all compensation to any person or persons which is payable 
     only if a recovery is effected on behalf of one or more 
     claimants.
       (6) Economic damages.--The term ``economic damages'' means 
     objectively verifiable monetary losses incurred as a result 
     of the provision of, use of, or payment for (or failure to 
     provide, use, or pay for) health care services or medical 
     products, such as past and future medical expenses, loss of 
     past and future earnings, cost of obtaining domestic 
     services, loss of employment, and loss of business or 
     employment opportunities.
       (7) Health care lawsuit.--The term ``health care lawsuit'' 
     means any health care liability claim concerning the 
     provision of health care goods or services affecting 
     interstate commerce, or any health care liability action 
     concerning the provision of (or the failure to provide) 
     health care goods or services affecting interstate commerce, 
     brought in a State or Federal court or pursuant to an 
     alternative dispute resolution system, against a health care 
     provider, regardless of the theory of liability on which the 
     claim is based, or the number of claimants, plaintiffs, 
     defendants, or other parties, or the number of claims or 
     causes of action, in which the claimant alleges a health care 
     liability claim.
       (8) Health care liability action.--The term ``health care 
     liability action'' means a civil action brought in a State or 
     Federal Court or pursuant to an alternative dispute 
     resolution system, against a health care provider, regardless 
     of the theory of liability on which the claim is based, or 
     the number of plaintiffs, defendants, or other parties, or 
     the number of causes of action, in which the claimant alleges 
     a health care liability claim.
       (9) Health care liability claim.--The term ``health care 
     liability claim'' means a demand by any person, whether or 
     not pursuant to ADR, against a health care provider, 
     regardless of the theory of liability on which the claim is 
     based, or the number of plaintiffs, defendants, or other 
     parties, or the number of causes of action.
       (10) Health care provider.--The term ``health care 
     provider'' means any person or entity required by State or 
     Federal laws or regulations to be licensed, registered, or 
     certified to provide health care services, and being either 
     so licensed, registered, or certified, or exempted from such 
     requirement by other statute or regulation.
       (11) Health care goods or services.--The term ``health care 
     goods or services'' means any goods or services provided by a 
     health care provider or by any individual working under the 
     supervision of a health care provider, that relates to the 
     diagnosis, prevention, care, or treatment of any human 
     disease or impairment, or the assessment of the health of 
     human beings.
       (12) Malicious intent to injure.--The term ``malicious 
     intent to injure'' means intentionally causing or attempting 
     to cause physical injury other than providing health care 
     goods or services.
       (13) Noneconomic damages.--The term ``noneconomic damages'' 
     means damages for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation, and 
     all other nonpecuniary losses of any kind or nature.
       (14) Punitive damages.--The term ``punitive damages'' means 
     damages awarded, for

[[Page 2701]]

     the purpose of punishment or deterrence, and not solely for 
     compensatory purposes, against a health care provider. 
     Punitive damages are neither economic nor noneconomic 
     damages.
       (15) Recovery.--The term ``recovery'' means the net sum 
     recovered after deducting any disbursements or costs incurred 
     in connection with prosecution or settlement of the claim, 
     including all costs paid or advanced by any person. Costs of 
     health care incurred by the plaintiff and the attorneys' 
     office overhead costs or charges for legal services are not 
     deductible disbursements or costs for such purpose.
       (16) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the Northern 
     Mariana Islands, the Trust Territory of the Pacific Islands, 
     and any other territory or possession of the United States, 
     or any political subdivision thereof.

     SEC. __03. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

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

     SEC. __04. COMPENSATING PATIENT INJURY.

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

     SEC. __05. MAXIMIZING PATIENT RECOVERY.

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

     SEC. __06. ADDITIONAL HEALTH BENEFITS.

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

     SEC. __07. PUNITIVE DAMAGES.

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

     If a separate proceeding is requested, evidence relevant only 
     to the claim for punitive damages, as determined by 
     applicable State law, shall be inadmissible in any proceeding

[[Page 2702]]

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

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

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

     SEC. __09. EFFECT ON OTHER LAWS.

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

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

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

     SEC. __11. APPLICABILITY; EFFECTIVE DATE.

       This title shall apply to any health care lawsuit brought 
     in a Federal or State court, or subject to an alternative 
     dispute resolution system, that is initiated on or after the 
     date of the enactment of this Act, except that any health 
     care lawsuit arising from an injury occurring prior to the 
     date of enactment of this Act shall be governed by the 
     applicable statute of limitations provisions in effect at the 
     time the injury occurred.
                                 ______
                                 
  SA 2625. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig)) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

       At the appropriate place, add the following:

     SEC. 5. ARMOR PIERCING AMMUNITION.

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

[[Page 2703]]


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

       At the end, add the following:

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

       (a) Permanency of Preclearance Requirements.--Section 
     4(a)(8) of the Voting Rights Act of 1965 (42 U.S.C. 
     1973b(a)(8)) is amended to read as follows:
       ``(8) The provisions of this section shall not expire.''.
       (b) Permanency of Bilingual Election Requirements.--Section 
     203(b)(1) of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-
     1a(b)(1)) is amended by striking ``Before August 6, 2007, no 
     covered State'' and insert ``No covered State''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2627. Ms. MIKULSKI (for herself, Mr. Sarbanes, Mr. Lautenberg, Mr. 
Corzine, and Mrs. Clinton) proposed an amendment to the bill S. 1805, 
to prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages resulting from the misuse of their products 
by others; as follows:

       On page 8, line 22, strike ``or''.
       On page 9, line 2, strike the period and insert ``; or''.
       On page 9, between lines 2 and 3, insert the following:
       ``(vi) an action involving a shooting victim of John Allen 
     Muhammad or Lee Boyd Malvo.''.
                                 ______
                                 
  SA 2628. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig)) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

       On page 8, line 22, strike ``or''.
       On page 9, line 2, strike the period at the end and insert 
     ``; or''.
       On page 9, between lines 2 and 3, insert the following:
       (vi) an action involving a shooting victim of John Allen 
     Muhammad or John Lee Malvo that meets 1 of the requirements 
     under clauses (i) through (v).
                                 ______
                                 
  SA 2629. Mr. CORZINE (for himself, Mr. Lautenberg, Ms. Mikulski, Mr. 
Kennedy, Mrs. Clinton, and Mrs. Boxer) submitted an amendment intended 
to be proposed by him to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

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

     SEC. 5. LAW ENFORCEMENT EXCEPTION.

       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed as limiting the right of an 
     officer or employee of any Federal, State, or local law 
     enforcement agency to recover damages authorized under 
     Federal or State law.
                                 ______
                                 
  SA 2630. Mr. CRAIG (for Mr. Frist (for himself and Mr. Craig)) 
proposed an amendment to the bill S. 1805, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages resulting from the misuse of their products by others; as 
follows:

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

                          ____________________