TEXT OF AMENDMENTS; Congressional Record Vol. 151, No. 104
(Senate - July 27, 2005)

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[Pages S9189-S9195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1605. Mr. FRIST (for Mr. Craig) proposed an amendment to the bill 
S. 397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; as follows:

       On page 10, line 5, strike ``or'' and all that follows 
     through line 16 and insert the following:
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
                                 ______
                                 
  SA 1606. Mr. FRIST proposed an amendment to amendment SA 1605 
proposed by Mr. Frist (for Mr. Craig) to the bill S. 397, to prohibit 
civil liability actions from being brought or continued against 
manufacturers, distributors, dealers, or importers of firearms or 
ammunition for damages, injunctive or other relief resulting from the 
misuse of their products by others; as follows:

       At the end, insert the following:
       (vi) an action or proceeding commenced by the Attorney 
     General to enforce the provisions of chapter 44 of title 18, 
     United States Code, or chapter 53 of the Internal Revenue 
     Code of 1986.
                                 ______
                                 
  SA 1607. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 6, strike lines 10 through 19 and insert the 
     following:

     SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY 
                   ACTIONS IN FEDERAL OR STATE COURT.

       A qualified civil liability action may not be brought in 
     any Federal or State court.
                                 ______
                                 
  SA 1608. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) 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 on the ``Most Wanted Terrorists List'' 
     or the ``Ten Most Wanted Fugitives List'' published by the 
     Federal Bureau of Investigation.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1609. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) 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 a representative of an organization 
     designated as a foreign terrorist organization under section 
     219 of the Immigration and Nationality Act (8 U.S.C. 1189).
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1610. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 8, strike lines 2 through 12 and insert the 
     following:
       (A) In general.--The term ``qualified civil liability 
     action'' means a civil action brought by any person against a 
     manufacturer of a qualified product for damages, punitive 
     damages, injunctive or declaratory relief, abatement, 
     restitution, fines or penalties, or other relief resulting 
     from the criminal or unlawful misuse of a qualified product 
     by the person or a third party, but shall not include--
                                 ______
                                 
  SA 1611. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 8, strike lines 2 through 12 and insert the 
     following:
       (A) In general.--The term ``qualified civil liability 
     action'' means a civil action brought by any person against a 
     manufacturer or seller of a qualified product for damages, 
     punitive damages, injunctive or declaratory relief, 
     abatement, restitution, fines or penalties, or other relief 
     resulting from the criminal or unlawful misuse of a qualified 
     product by the person or a third party, but shall not 
     include--
                                 ______
                                 
  SA 1612. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to perform employee background 
     checks or knew, or had reasonable cause to believe, that 
     employees

[[Page S9190]]

     were engaging in actions that are grossly negligent or that 
     constitute willful misconduct.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1613. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to report the theft or loss of a 
     firearm from the inventory or collection of the manufacturer 
     or seller, as required under section 923(g)(6) of title 18, 
     United States Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1614. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to maintain theft prevention 
     measures.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1615. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, insert 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, under section 926(d), to be 
     capable of penetrating body armor; or
       ``(iv) a projectile for a center-fire rifle, designed or 
     marketed as having armor piercing capability, that the 
     Attorney General determines, under 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 under 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 center-fire 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 1616. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

       (a) In General.--No business shall sell or rent, or permit 
     the sale or rental of any video game with a Mature, Adults-
     Only, or Ratings Pending rating from the Entertainment 
     Software Ratings Board to any individual who has not attained 
     the age of 17 years.
       (b) Affirmative Defense.--It shall be a defense to any 
     prosecution for a violation of the prohibition under 
     subsection (a) that a business was shown an identification 
     document, which the business reasonably believed to be valid, 
     indicating that the individual purchasing or renting the 
     video game had attained the age of 17 years or older.
       (c) Penalty.--The manager or agent of the manager of a 
     business found to be in violation of the prohibition under 
     subsection (a) shall be subject to a fine, community service, 
     or both not to exceed--
       (1) $1,000 or 100 hours of community service for the first 
     violation; and
       (2) $5,000 or 500 hours of community service for each 
     subsequent violation.
       (d) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Business.--The term ``business'' means any lawful 
     activity, except a farm operation, that is conducted--
       (A) primarily for the purchase, sale, lease, or rental of 
     personal or real property, or for the manufacture, 
     processing, or marketing of products, commodities, or any 
     other personal property; or
       (B) primarily for the sale of services to the public.
       (2) Entertainment software ratings board.--The term 
     ``Entertainment Software Ratings Board'' means the 
     independent rating system, or any successor ratings system--
       (A) established by the Interactive Digital Software 
     Association; and
       (B) developed to provide information to consumers regarding 
     the content of video and computer games.
       (3) Video game.--The term ``video game'' means an 
     electronic object or device that--
       (A) stores recorded data or instructions;
       (B) receives data or instructions generated by the person 
     who uses it; and
       (C) by processing such data or instructions, creates an 
     interactive game capable of being played, viewed, or 
     experienced on or through a computer, gaming system, console, 
     or other technology.
                                 ______
                                 
  SA 1617. Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Schumer, Mrs. 
Clinton, and Mr. Kennedy) submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. FIVE-SEVEN PISTOL.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Law enforcement is facing a new threat from handguns 
     and accompanying ammunition, which are designed to penetrate 
     police body armor, being marketed and sold to civilians.

[[Page S9191]]

       (B) A Five-seveN Pistol and accompanying ammunition, 
     manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm 
     System'', has recently been recovered by law enforcement on 
     the streets. The Five-seveN Pistol and 5.7 x 28mm SS192 
     cartridges are legally available for purchase by civilians 
     under current law.
       (C) The Five-seveN Pistol and 5.7 x 28mm SS192 cartridges 
     are capable of penetrating level IIA armor. The manufacturer 
     advertises that ammunition fired from the Five-seveN will 
     perforate 48 layers of Kevlar up to 200 meters and that the 
     ammunition travels at 2100 feet per second.
       (D) The Five-seveN Pistol, and similar handguns designed to 
     use ammunition capable of penetrating body armor, pose a 
     devastating threat to law enforcement.
       (2) Purpose.--The purpose of this section is to protect the 
     Nation's law enforcement officers by--
       (A) testing handguns and ammunition for capability to 
     penetrate body armor; and
       (B) prohibiting the manufacture, importation, sale, or 
     purchase by civilians of the Five-seveN Pistol, ammunition 
     for such pistol, or any other handgun that uses ammunition 
     found to be capable of penetrating body armor.
       (b) Armor Piercing Ammunition.--
       (1) Expansion of definition of armor piercing ammunition.--
     Section 921(a)(17)(B) of title 18, United States Code, is 
     amended--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(iii) a projectile that--
       ``(I) may be used in a handgun; and
       ``(II) the Attorney General determines, pursuant to section 
     926(d), to be capable of penetrating body armor.''.
       (2) Determination of 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 under paragraph (1) shall 
     take into account, among other factors, variations in 
     performance that are related to the type of handgun used, the 
     length of the barrel of the handgun, the amount and kind of 
     powder used to propel the projectile, and the design of 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.''.
       (c) Armor Piercing Handguns and Ammunition.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by adding after subsection (y) the 
     following:
       ``(z) Five-seveN Pistol.--
       ``(1) In general.--It shall be unlawful for any person to 
     manufacture, import, market, sell, ship, deliver, possess, 
     transfer, or receive--
       ``(A) the Fabrique Nationale Herstal Five-SeveN Pistol;
       ``(B) 5.7 x 28mm SS190 and SS192 cartridges; or
       ``(C) any other handgun that uses armor piercing 
     ammunition.
       ``(2) Exceptions.--This subsection shall not apply to--
       ``(A) any firearm or armor piercing ammunition manufactured 
     for, and sold exclusively to, military, law enforcement, or 
     intelligence agencies of the United States; and
       ``(B) the manufacture, possession, transfer, receipt, 
     shipment, or delivery of a firearm or armor piercing 
     ammunition by a licensed manufacturer, or any person acting 
     pursuant to a contract with a licensed manufacturer, for the 
     purpose of examining and testing such firearm or ammunition 
     to determine whether paragraph (1) applies to such 
     firearm.''.
       (2) Penalties.--Section 924(a)(1)(B) of title 18, United 
     States Code, is amended by striking ``or (q)'' and inserting 
     ``(q), or (z)''.
                                 ______
                                 
  SA 1618. Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Schumer, Mrs. 
Clinton, and Mr. Kennedy) submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case against a manufacturer or seller for an 
     injury caused by--

       (I) a Fabrique Nationale Herstal Five-SeveN Pistol;
       (II) the use of a 5.7 x 28mm SS190 or SS192 cartridge; or
       (III) the use of any other handgun using armor piercing 
     ammunition, as defined in section 921(a)(17)(B) of title 18, 
     United States Code.

       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1619. 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. 397, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages, injunctive or other relief resulting from the misuse of their 
products by others; which was ordered to lie on the table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. LAW ENFORCEMENT EXCEPTION.

       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 1620. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill S. 397, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages, injunctive or other relief resulting from 
the misuse of their products by others; which was ordered to lie on the 
table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case against a manufacturer or seller involving an 
     injury to or the death of a person under 17 years of age.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1621. Mrs. FEINSTEIN (for herself, Mr. Corzine, Mr. Durbin, Mrs. 
Clinton, Mr. Jeffords, Mr. Levin, Mrs. Boxer, Ms. Mikulski, and Mr. 
Kennedy) submitted an amendment intended to be proposed by her to the 
bill S. 397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. FIFTY-CALIBER SNIPER WEAPONS.

       (a) Coverage of .50 Caliber Sniper Weapons Under the 
     National Firearms Act.--
       (1) In general.--Section 5845(a) of the Internal Revenue 
     Code of 1986 (defining firearm) is amended by striking ``(6) 
     a machine gun; (7) any silencer (as defined in section 921 of 
     title 18, United States Code); and (8) a destructive 
     device.'' and inserting ``(6) a .50 caliber sniper weapon; 
     (7) a machine gun; (8) any silencer (as defined in section 
     921 of title 18, United States Code); and (9) a destructive 
     device.''.
       (2) Definitions.--
       (A) In general.--Section 5845 the Internal Revenue Code of 
     1986 (defining terms relating to firearms) is amended by 
     adding at the end the following:
       ``(n) Fifty Caliber Sniper Weapon.--The term `.50 caliber 
     sniper weapon' means a rifle

[[Page S9192]]

     capable of firing a center-fire cartridge in .50 caliber, .50 
     BMG caliber, any other variant of .50 caliber, or any metric 
     equivalent of such calibers.''.
       (B) Modification to definition of rifle.--Section 5845(c) 
     of the Internal Revenue Code of 1986 (defining rifle) is 
     amended by inserting ``or from a bipod or other support'' 
     after ``shoulder''.
       (b) Effective Date.--The amendments made by this section 
     shall only apply to a .50 caliber sniper weapon made or 
     transferred after the date of enactment of this Act.
                                 ______
                                 
  SA 1622. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 7, line 25, after ``foreign commerce'' insert the 
     following: ``, but does not include a rifle capable of firing 
     a center-fire cartridge in .50 caliber, .50 BMG caliber, any 
     other variant of .50 caliber, or any metric equivalent of 
     such calibers.''
                                 ______
                                 
  SA 1623. Mr. LEVIN (for himself and Mr. Dayton) submitted an 
amendment intended to be proposed by him to the bill S. 397, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages, injunctive or other relief resulting from 
the misuse of their products by others; which was ordered to lie on the 
table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. GROSS NEGLIGENCE OR RECKLESS CONDUCT.

       (a) In General.--Nothing in this Act shall be construed to 
     prohibit a civil liability action from being brought or 
     continued against a person if the gross negligence or 
     reckless conduct of that person was a proximate cause of 
     death or injury.
       (b) Definitions.--As used in this section--
       (1) the term ``gross negligence'' has the meaning given 
     that term under subsection (b)(7) of the Bill Emerson Good 
     Samaritan Food Donation Act (42 U.S.C. 1791(b)(7)); and
       (2) the term ``reckless'' has the meaning given that term 
     under section 2A1.4 of the Federal Sentencing Guidelines 
     Manual.
                                 ______
                                 
  SA 1624. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 12, after line 24, add the following:

     SEC. 5. CHILD SAFETY LOCKS.

       (a) Short Title.--This section may be cited as the ``Child 
     Safety Lock Act of 2005''.
       (b) Purposes.--The purposes of this section 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.
       (c) Firearms Safety.--
       (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.''.
       (2) Civil penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (B) 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.''.
       (3) Liability; evidence.--
       (A) Liability.--Nothing in this section shall be construed 
     to--
       (i) create a cause of action against any Federal firearms 
     licensee or any other person for any civil liability; or
       (ii) establish any standard of care.
       (B) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section 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 subsection.
       (C) Rule of construction.--Nothing in this paragraph 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.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1625. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 8, line 21, before the semicolon, insert the 
     following: ``or an action against a seller that has an 
     established history of qualified products being lost or 
     stolen, under such criteria as shall be established by the 
     Attorney General by regulation, for an injury or death caused 
     by a qualified product that was in the possession of the 
     seller, but subsequently lost or stolen''.
                                 ______
                                 
  SA 1626. Mr. REED (for Mr. Kohl) proposed an amendment to the bill S. 
397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; as follows:

       At the end of the bill, add the following:

     SEC. 5. CHILD SAFETY LOCKS.

       (a) Short Title.--This section may be cited as the ``Child 
     Safety Lock Act of 2005''.

[[Page S9193]]

       (b) Purposes.--The purposes of this section 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.
       (c) Firearms Safety.--
       (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.''.
       (2) Civil penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (B) 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.''.
       (3) Liability; evidence.--
       (A) Liability.--Nothing in this section shall be construed 
     to--
       (i) create a cause of action against any Federal firearms 
     licensee or any other person for any civil liability; or
       (ii) establish any standard of care.
       (B) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section 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 subsection.
       (C) Rule of construction.--Nothing in this paragraph 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.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1627. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1516, to reauthorize Amtrak, and for other purposes; 
which was referred to the Committee on Commerce, Science, and 
Transportation; as follows:

       At the end of the bill, add the following:

                  TITLE VI--RAIL INFRASTRUCTURE BONDS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Passenger Rail Investment 
     and Improvement Financing Act of 2005''.

     SEC. 602. TAX CREDIT TO HOLDERS OF QUALIFIED RAIL 
                   INFRASTRUCTURE BONDS.

       (a) In General.--Part IV of subchapter A of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to credits 
     against tax) is amended by adding at the end the following 
     new subpart:

    ``Subpart H--Nonrefundable Credit for Holders of Qualified Rail 
                          Infrastructure Bonds

``Sec. 54. Credit to holders of qualified rail infrastructure bonds.

     ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED RAIL INFRASTRUCTURE 
                   BONDS.

       ``(a) Allowance of Credit.--In the case of a taxpayer who 
     holds a qualified rail infrastructure bond on a credit 
     allowance date of such bond which occurs during the taxable 
     year, there shall be allowed as a credit against the tax 
     imposed by this chapter for such taxable year an amount equal 
     to the sum of the credits determined under subsection (b) 
     with respect to credit allowance dates during such year on 
     which the taxpayer holds such bond.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a qualified rail infrastructure bond is 25 percent 
     of the annual credit determined with respect to such bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any qualified rail infrastructure bond is the 
     product of--
       ``(A) the applicable credit rate, multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Applicable credit rate.--For purposes of paragraph 
     (2), the applicable credit rate with respect to an issue is 
     the rate equal to an average market yield (as of the day 
     before the date of sale of the issue) on outstanding long-
     term corporate debt obligations (determined under regulations 
     prescribed by the Secretary).
       ``(4) Credit allowance date.--For purposes of this section, 
     the term `credit allowance date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15

     Such term includes the last day on which the bond is 
     outstanding.
       ``(5) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than this subpart and subpart C).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(d) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(e) Credits May Be Stripped.--Under regulations 
     prescribed by the Secretary--
       ``(1) In general.--There may be a separation (including at 
     issuance) of the ownership of a qualified rail infrastructure 
     bond and the entitlement to the credit under this section 
     with respect to such bond. In case of any such separation, 
     the credit under this section shall be allowed to the person 
     who on

[[Page S9194]]

     the credit allowance date holds the instrument evidencing the 
     entitlement to the credit and not to the holder of the bond.
       ``(2) Certain rules to apply.--In the case of a separation 
     described in paragraph (1), the rules of section 1286 shall 
     apply to the qualified rail infrastructure bond as if it were 
     a stripped bond and to the credit under this section as if it 
     were a stripped coupon.
       ``(f) Qualified Rail Infrastructure Bond.--For purposes of 
     this part, the term `qualified rail infrastructure bond' 
     means any bond issued as part of an issue if--
       ``(1) the issuer certifies that the Secretary of 
     Transportation has designated the bond for purposes of this 
     section under section 26106(a) of title 49, United States 
     Code, as in effect on the date of the enactment of this 
     section,
       ``(2) 95 percent or more of the proceeds from the sale of 
     such issue are to be used for expenditures incurred after the 
     date of the enactment of this section for any project 
     described in section 26106(a)(2) of title 49, United States 
     Code,
       ``(3) the term of each bond which is part of such issue 
     does not exceed 20 years,
       ``(4) the payment of principal with respect to such bond is 
     the obligation solely of the issuer, and
       ``(5) the issue meets the requirements of subsection (f) 
     (relating to arbitrage).
       ``(g) Special Rules Relating to Arbitrage.--
       ``(1) In general.--Subject to paragraph (2), an issue shall 
     be treated as meeting the requirements of this subsection if 
     as of the date of issuance, the issuer reasonably expects--
       ``(A) to spend at least 95 percent of the proceeds from the 
     sale of the issue for 1 or more qualified projects within the 
     3-year period beginning on such date,
       ``(B) to incur a binding commitment with a third party to 
     spend at least 10 percent of the proceeds from the sale of 
     the issue, or to commence construction, with respect to such 
     projects within the 6-month period beginning on such date, 
     and
       ``(C) to proceed with due diligence to complete such 
     projects and to spend the proceeds from the sale of the 
     issue.
       ``(2) Rules regarding continuing compliance after 3-year 
     determination.--If at least 95 percent of the proceeds from 
     the sale of the issue is not expended for 1 or more qualified 
     projects within the 3-year period beginning on the date of 
     issuance, but the requirements of paragraph (1) are otherwise 
     met, an issue shall be treated as continuing to meet the 
     requirements of this subsection if either--
       ``(A) the issuer uses all unspent proceeds from the sale of 
     the issue to redeem bonds of the issue within 90 days after 
     the end of such 3-year period, or
       ``(B) the following requirements are met:
       ``(i) The issuer spends at least 75 percent of the proceeds 
     from the sale of the issue for 1 or more qualified projects 
     within the 3-year period beginning on the date of issuance.
       ``(ii) Either--

       ``(I) the issuer spends at least 95 percent of the proceeds 
     from the sale of the issue for 1 or more qualified projects 
     within the 4-year period beginning on the date of issuance, 
     or
       ``(II) the issuer pays to the Federal Government any 
     earnings on the proceeds from the sale of the issue that 
     accrue after the end of the 3-year period beginning on the 
     date of issuance and uses all unspent proceeds from the sale 
     of the issue to redeem bonds of the issue within 90 days 
     after the end of the 4-year period beginning on the date of 
     issuance.

       ``(h) Recapture of Portion of Credit Where Cessation of 
     Compliance.--
       ``(1) In general.--If any bond which when issued purported 
     to be a qualified rail infrastructure bond ceases to be such 
     a qualified bond, the issuer shall pay to the United States 
     (at the time required by the Secretary) an amount equal to 
     the sum of--
       ``(A) the aggregate of the credits allowable under this 
     section with respect to such bond (determined without regard 
     to subsection (c)) for taxable years ending during the 
     calendar year in which such cessation occurs and the 2 
     preceding calendar years, and
       ``(B) interest at the underpayment rate under section 6621 
     on the amount determined under subparagraph (A) for each 
     calendar year for the period beginning on the first day of 
     such calendar year.
       ``(2) Failure to pay.--If the issuer fails to timely pay 
     the amount required by paragraph (1) with respect to such 
     bond, the tax imposed by this chapter on each holder of any 
     such bond which is part of such issue shall be increased (for 
     the taxable year of the holder in which such cessation 
     occurs) by the aggregate decrease in the credits allowed 
     under this section to such holder for taxable years beginning 
     in such 3 calendar years which would have resulted solely 
     from denying any credit under this section with respect to 
     such issue for such taxable years.
       ``(3) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (2) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards under subsection (c) shall 
     be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     paragraph (2) shall not be treated as a tax imposed by this 
     chapter for purposes of determining--
       ``(i) the amount of any credit allowable under this part, 
     or
       ``(ii) the amount of the tax imposed by section 55.
       ``(i) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Bond.--The term `bond' includes any obligation.
       ``(2) Qualified project.--The term `qualified project' 
     means any project described in section 26106(a)(2) of title 
     49, United States Code.
       ``(3) Treatment of changes in use.--For purposes of 
     subsection (e)(2), the proceeds from the sale of an issue 
     shall not be treated as used for a qualified project to the 
     extent that the issuer takes any action within its control 
     which causes such proceeds not to be used for a qualified 
     project. The Secretary shall prescribe regulations specifying 
     remedial actions that may be taken (including conditions to 
     taking such remedial actions) to prevent an action described 
     in the preceding sentence from causing a bond to fail to be a 
     qualified rail infrastructure bond.
       ``(4) Partnership; s corporation; and other pass-thru 
     entities.--Under regulations prescribed by the Secretary, in 
     the case of a partnership, trust, S corporation, or other 
     pass-thru entity, rules similar to the rules of section 41(g) 
     shall apply with respect to the credit allowable under 
     subsection (a).
       ``(5) Bonds held by regulated investment companies.--If any 
     qualified rail infrastructure bond is held by a regulated 
     investment company, the credit determined under subsection 
     (a) shall be allowed to shareholders of such company under 
     procedures prescribed by the Secretary.
       ``(6) Reporting.--Issuers of qualified rail infrastructure 
     bonds shall submit reports similar to the reports required 
     under section 149(e).''.
       (b) Amendments to Other Code Sections.--
       (1) Reporting.--Subsection (d) of section 6049 of the 
     Internal Revenue Code of 1986 (relating to returns regarding 
     payments of interest) is amended by adding at the end the 
     following new paragraph:
       ``(8) Reporting of credit on qualified rail infrastructure 
     bonds.--
       ``(A) In general.--For purposes of subsection (a), the term 
     `interest' includes amounts includible in gross income under 
     section 54(d) and such amounts shall be treated as paid on 
     the credit allowance date (as defined in section 54(b)(4)).
       ``(B) Reporting to corporations, etc.--Except as otherwise 
     provided in regulations, in the case of any interest 
     described in subparagraph (A), subsection (b)(4) shall be 
     applied without regard to subparagraphs (A), (H), (I), (J), 
     (K), and (L)(i) of such subsection.
       ``(C) Regulatory authority.--The Secretary may prescribe 
     such regulations as are necessary or appropriate to carry out 
     the purposes of this paragraph, including regulations which 
     require more frequent or more detailed reporting.''.
       (2) Treatment for estimated tax purposes.--
       (A) Individual.--Section 6654 of such Code (relating to 
     failure by individual to pay estimated income tax) is amended 
     by redesignating subsection (m) as subsection (n) and by 
     inserting after subsection (l) the following new subsection:
       ``(m) Special Rule for Holders of Qualified Rail 
     Infrastructure Bonds.--For purposes of this section, the 
     credit allowed by section 54 to a taxpayer by reason of 
     holding a qualified rail infrastructure bond on a credit 
     allowance date shall be treated as if it were a payment of 
     estimated tax made by the taxpayer on such date.''.
       (B) Corporate.--Section 6655 of such Code (relating to 
     failure by corporation to pay estimated income tax) is 
     amended by adding at the end of subsection (g) the following 
     new paragraph:
       ``(5) Special rule for holders of qualified rail 
     infrastructure bonds.--For purposes of this section, the 
     credit allowed by section 54 to a taxpayer by reason of 
     holding a qualified rail infrastructure bond on a credit 
     allowance date shall be treated as if it were a payment of 
     estimated tax made by the taxpayer on such date.''.
       (c) Clerical Amendments.--
       (1) The table of subparts for part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     item:

    ``Subpart H. Nonrefundable Credit for Holders of Qualified Rail 
                        Infrastructure Bonds''.

       (2) Section 6401(b)(1) is amended by striking ``and G'' and 
     inserting ``G, and H''.
       (d) Issuance of Regulations.--Not later than 6 months after 
     the date of the enactment of this section, the Secretary of 
     the Treasury shall issue regulations for carrying out this 
     section and the amendments made by this section.
       (e) Intercity Rail Facilities.--Section 142(i) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(4) Additional requirements.--A bond issued as part of an 
     issue described in subsection (a)(11) shall not be considered 
     an exempt facility bond unless the requirements of paragraphs 
     (1) through (4) of section 26106(a) of title 49, United 
     States Code, are met.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1628. Mr. McCONNELL (for Mr. Hagel) proposed an amendment to the

[[Page S9195]]

resolution S. Res. 86, designating August 16, 2005, as ``National 
Airborne Day''; as follows:

       On page 5 strike lines 1 through 5 and insert the 
     following:
       (2) requests that the people of the United States observe 
     ``National Airborne Day'' with other appropriate programs, 
     ceremonies and activities.
                                 ______
                                 
  SA 1629. Mr. McCONNELL (for Mr. Feingold) proposed an amendment to 
the resolution S. Res. 104, expressing the sense of the Senate 
encouraging the active engagement of Americans in world affairs and 
urging the Secretary of State to take the lead and coordinate with 
other governmental agencies and non-governmental organizations in 
creating an online database of international exchange programs and 
related opportunities; as follows:

       On page 3, line 8, to page 4, line 1, strike ``in creating 
     an online database that provides'', and insert ``to make 
     readily accessible''.
                                 ______
                                 
  SA 1630. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by means of a qualified 
     product that is involved in illegal interstate firearms 
     trafficking punishable under section 924 of title 18, United 
     States Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1631. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by failing to retain for 
     30 days the records of a sale to an individual who is 
     required, under regulations prescribed under section 114(h) 
     of title 49, United States Code, to be prevented from 
     boarding an aircraft.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1632. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by failing to keep 
     adequate records of the sale of a qualified product from the 
     inventory or collection of the manufacturer or seller, as 
     required under section 923(g) of title 18, United States 
     Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)

                          ____________________




[Pages S9189-S9195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1605. Mr. FRIST (for Mr. Craig) proposed an amendment to the bill 
S. 397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; as follows:

       On page 10, line 5, strike ``or'' and all that follows 
     through line 16 and insert the following:
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
                                 ______
                                 
  SA 1606. Mr. FRIST proposed an amendment to amendment SA 1605 
proposed by Mr. Frist (for Mr. Craig) to the bill S. 397, to prohibit 
civil liability actions from being brought or continued against 
manufacturers, distributors, dealers, or importers of firearms or 
ammunition for damages, injunctive or other relief resulting from the 
misuse of their products by others; as follows:

       At the end, insert the following:
       (vi) an action or proceeding commenced by the Attorney 
     General to enforce the provisions of chapter 44 of title 18, 
     United States Code, or chapter 53 of the Internal Revenue 
     Code of 1986.
                                 ______
                                 
  SA 1607. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 6, strike lines 10 through 19 and insert the 
     following:

     SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY 
                   ACTIONS IN FEDERAL OR STATE COURT.

       A qualified civil liability action may not be brought in 
     any Federal or State court.
                                 ______
                                 
  SA 1608. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) 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 on the ``Most Wanted Terrorists List'' 
     or the ``Ten Most Wanted Fugitives List'' published by the 
     Federal Bureau of Investigation.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1609. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) 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 a representative of an organization 
     designated as a foreign terrorist organization under section 
     219 of the Immigration and Nationality Act (8 U.S.C. 1189).
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1610. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 8, strike lines 2 through 12 and insert the 
     following:
       (A) In general.--The term ``qualified civil liability 
     action'' means a civil action brought by any person against a 
     manufacturer of a qualified product for damages, punitive 
     damages, injunctive or declaratory relief, abatement, 
     restitution, fines or penalties, or other relief resulting 
     from the criminal or unlawful misuse of a qualified product 
     by the person or a third party, but shall not include--
                                 ______
                                 
  SA 1611. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 8, strike lines 2 through 12 and insert the 
     following:
       (A) In general.--The term ``qualified civil liability 
     action'' means a civil action brought by any person against a 
     manufacturer or seller of a qualified product for damages, 
     punitive damages, injunctive or declaratory relief, 
     abatement, restitution, fines or penalties, or other relief 
     resulting from the criminal or unlawful misuse of a qualified 
     product by the person or a third party, but shall not 
     include--
                                 ______
                                 
  SA 1612. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to perform employee background 
     checks or knew, or had reasonable cause to believe, that 
     employees

[[Page S9190]]

     were engaging in actions that are grossly negligent or that 
     constitute willful misconduct.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1613. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to report the theft or loss of a 
     firearm from the inventory or collection of the manufacturer 
     or seller, as required under section 923(g)(6) of title 18, 
     United States Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1614. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product failed to maintain theft prevention 
     measures.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1615. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, insert 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, under section 926(d), to be 
     capable of penetrating body armor; or
       ``(iv) a projectile for a center-fire rifle, designed or 
     marketed as having armor piercing capability, that the 
     Attorney General determines, under 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 under 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 center-fire 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 1616. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

       (a) In General.--No business shall sell or rent, or permit 
     the sale or rental of any video game with a Mature, Adults-
     Only, or Ratings Pending rating from the Entertainment 
     Software Ratings Board to any individual who has not attained 
     the age of 17 years.
       (b) Affirmative Defense.--It shall be a defense to any 
     prosecution for a violation of the prohibition under 
     subsection (a) that a business was shown an identification 
     document, which the business reasonably believed to be valid, 
     indicating that the individual purchasing or renting the 
     video game had attained the age of 17 years or older.
       (c) Penalty.--The manager or agent of the manager of a 
     business found to be in violation of the prohibition under 
     subsection (a) shall be subject to a fine, community service, 
     or both not to exceed--
       (1) $1,000 or 100 hours of community service for the first 
     violation; and
       (2) $5,000 or 500 hours of community service for each 
     subsequent violation.
       (d) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Business.--The term ``business'' means any lawful 
     activity, except a farm operation, that is conducted--
       (A) primarily for the purchase, sale, lease, or rental of 
     personal or real property, or for the manufacture, 
     processing, or marketing of products, commodities, or any 
     other personal property; or
       (B) primarily for the sale of services to the public.
       (2) Entertainment software ratings board.--The term 
     ``Entertainment Software Ratings Board'' means the 
     independent rating system, or any successor ratings system--
       (A) established by the Interactive Digital Software 
     Association; and
       (B) developed to provide information to consumers regarding 
     the content of video and computer games.
       (3) Video game.--The term ``video game'' means an 
     electronic object or device that--
       (A) stores recorded data or instructions;
       (B) receives data or instructions generated by the person 
     who uses it; and
       (C) by processing such data or instructions, creates an 
     interactive game capable of being played, viewed, or 
     experienced on or through a computer, gaming system, console, 
     or other technology.
                                 ______
                                 
  SA 1617. Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Schumer, Mrs. 
Clinton, and Mr. Kennedy) submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. FIVE-SEVEN PISTOL.

       (a) Findings and Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Law enforcement is facing a new threat from handguns 
     and accompanying ammunition, which are designed to penetrate 
     police body armor, being marketed and sold to civilians.

[[Page S9191]]

       (B) A Five-seveN Pistol and accompanying ammunition, 
     manufactured by FN Herstal of Belgium as the ``5.7 x 28 mm 
     System'', has recently been recovered by law enforcement on 
     the streets. The Five-seveN Pistol and 5.7 x 28mm SS192 
     cartridges are legally available for purchase by civilians 
     under current law.
       (C) The Five-seveN Pistol and 5.7 x 28mm SS192 cartridges 
     are capable of penetrating level IIA armor. The manufacturer 
     advertises that ammunition fired from the Five-seveN will 
     perforate 48 layers of Kevlar up to 200 meters and that the 
     ammunition travels at 2100 feet per second.
       (D) The Five-seveN Pistol, and similar handguns designed to 
     use ammunition capable of penetrating body armor, pose a 
     devastating threat to law enforcement.
       (2) Purpose.--The purpose of this section is to protect the 
     Nation's law enforcement officers by--
       (A) testing handguns and ammunition for capability to 
     penetrate body armor; and
       (B) prohibiting the manufacture, importation, sale, or 
     purchase by civilians of the Five-seveN Pistol, ammunition 
     for such pistol, or any other handgun that uses ammunition 
     found to be capable of penetrating body armor.
       (b) Armor Piercing Ammunition.--
       (1) Expansion of definition of armor piercing ammunition.--
     Section 921(a)(17)(B) of title 18, United States Code, is 
     amended--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(iii) a projectile that--
       ``(I) may be used in a handgun; and
       ``(II) the Attorney General determines, pursuant to section 
     926(d), to be capable of penetrating body armor.''.
       (2) Determination of 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 under paragraph (1) shall 
     take into account, among other factors, variations in 
     performance that are related to the type of handgun used, the 
     length of the barrel of the handgun, the amount and kind of 
     powder used to propel the projectile, and the design of 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.''.
       (c) Armor Piercing Handguns and Ammunition.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by adding after subsection (y) the 
     following:
       ``(z) Five-seveN Pistol.--
       ``(1) In general.--It shall be unlawful for any person to 
     manufacture, import, market, sell, ship, deliver, possess, 
     transfer, or receive--
       ``(A) the Fabrique Nationale Herstal Five-SeveN Pistol;
       ``(B) 5.7 x 28mm SS190 and SS192 cartridges; or
       ``(C) any other handgun that uses armor piercing 
     ammunition.
       ``(2) Exceptions.--This subsection shall not apply to--
       ``(A) any firearm or armor piercing ammunition manufactured 
     for, and sold exclusively to, military, law enforcement, or 
     intelligence agencies of the United States; and
       ``(B) the manufacture, possession, transfer, receipt, 
     shipment, or delivery of a firearm or armor piercing 
     ammunition by a licensed manufacturer, or any person acting 
     pursuant to a contract with a licensed manufacturer, for the 
     purpose of examining and testing such firearm or ammunition 
     to determine whether paragraph (1) applies to such 
     firearm.''.
       (2) Penalties.--Section 924(a)(1)(B) of title 18, United 
     States Code, is amended by striking ``or (q)'' and inserting 
     ``(q), or (z)''.
                                 ______
                                 
  SA 1618. Mr. CORZINE (for himself, Mr. Lautenberg, Mr. Schumer, Mrs. 
Clinton, and Mr. Kennedy) submitted an amendment intended to be 
proposed by him to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case against a manufacturer or seller for an 
     injury caused by--

       (I) a Fabrique Nationale Herstal Five-SeveN Pistol;
       (II) the use of a 5.7 x 28mm SS190 or SS192 cartridge; or
       (III) the use of any other handgun using armor piercing 
     ammunition, as defined in section 921(a)(17)(B) of title 18, 
     United States Code.

       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1619. 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. 397, to prohibit civil liability 
actions from being brought or continued against manufacturers, 
distributors, dealers, or importers of firearms or ammunition for 
damages, injunctive or other relief resulting from the misuse of their 
products by others; which was ordered to lie on the table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. LAW ENFORCEMENT EXCEPTION.

       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 1620. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill S. 397, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages, injunctive or other relief resulting from 
the misuse of their products by others; which was ordered to lie on the 
table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case against a manufacturer or seller involving an 
     injury to or the death of a person under 17 years of age.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1621. Mrs. FEINSTEIN (for herself, Mr. Corzine, Mr. Durbin, Mrs. 
Clinton, Mr. Jeffords, Mr. Levin, Mrs. Boxer, Ms. Mikulski, and Mr. 
Kennedy) submitted an amendment intended to be proposed by her to the 
bill S. 397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 13, after line 4, insert the following:

     SEC. 5. FIFTY-CALIBER SNIPER WEAPONS.

       (a) Coverage of .50 Caliber Sniper Weapons Under the 
     National Firearms Act.--
       (1) In general.--Section 5845(a) of the Internal Revenue 
     Code of 1986 (defining firearm) is amended by striking ``(6) 
     a machine gun; (7) any silencer (as defined in section 921 of 
     title 18, United States Code); and (8) a destructive 
     device.'' and inserting ``(6) a .50 caliber sniper weapon; 
     (7) a machine gun; (8) any silencer (as defined in section 
     921 of title 18, United States Code); and (9) a destructive 
     device.''.
       (2) Definitions.--
       (A) In general.--Section 5845 the Internal Revenue Code of 
     1986 (defining terms relating to firearms) is amended by 
     adding at the end the following:
       ``(n) Fifty Caliber Sniper Weapon.--The term `.50 caliber 
     sniper weapon' means a rifle

[[Page S9192]]

     capable of firing a center-fire cartridge in .50 caliber, .50 
     BMG caliber, any other variant of .50 caliber, or any metric 
     equivalent of such calibers.''.
       (B) Modification to definition of rifle.--Section 5845(c) 
     of the Internal Revenue Code of 1986 (defining rifle) is 
     amended by inserting ``or from a bipod or other support'' 
     after ``shoulder''.
       (b) Effective Date.--The amendments made by this section 
     shall only apply to a .50 caliber sniper weapon made or 
     transferred after the date of enactment of this Act.
                                 ______
                                 
  SA 1622. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 397, to prohibit civil liability actions 
from being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 7, line 25, after ``foreign commerce'' insert the 
     following: ``, but does not include a rifle capable of firing 
     a center-fire cartridge in .50 caliber, .50 BMG caliber, any 
     other variant of .50 caliber, or any metric equivalent of 
     such calibers.''
                                 ______
                                 
  SA 1623. Mr. LEVIN (for himself and Mr. Dayton) submitted an 
amendment intended to be proposed by him to the bill S. 397, to 
prohibit civil liability actions from being brought or continued 
against manufacturers, distributors, dealers, or importers of firearms 
or ammunition for damages, injunctive or other relief resulting from 
the misuse of their products by others; which was ordered to lie on the 
table; as follows:

       On page 13, after line 4, add the following:

     SEC. 5. GROSS NEGLIGENCE OR RECKLESS CONDUCT.

       (a) In General.--Nothing in this Act shall be construed to 
     prohibit a civil liability action from being brought or 
     continued against a person if the gross negligence or 
     reckless conduct of that person was a proximate cause of 
     death or injury.
       (b) Definitions.--As used in this section--
       (1) the term ``gross negligence'' has the meaning given 
     that term under subsection (b)(7) of the Bill Emerson Good 
     Samaritan Food Donation Act (42 U.S.C. 1791(b)(7)); and
       (2) the term ``reckless'' has the meaning given that term 
     under section 2A1.4 of the Federal Sentencing Guidelines 
     Manual.
                                 ______
                                 
  SA 1624. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 12, after line 24, add the following:

     SEC. 5. CHILD SAFETY LOCKS.

       (a) Short Title.--This section may be cited as the ``Child 
     Safety Lock Act of 2005''.
       (b) Purposes.--The purposes of this section 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.
       (c) Firearms Safety.--
       (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.''.
       (2) Civil penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (B) 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.''.
       (3) Liability; evidence.--
       (A) Liability.--Nothing in this section shall be construed 
     to--
       (i) create a cause of action against any Federal firearms 
     licensee or any other person for any civil liability; or
       (ii) establish any standard of care.
       (B) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section 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 subsection.
       (C) Rule of construction.--Nothing in this paragraph 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.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1625. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 397, to prohibit civil liability actions from being 
brought or continued against manufacturers, distributors, dealers, or 
importers of firearms or ammunition for damages, injunctive or other 
relief resulting from the misuse of their products by others; which was 
ordered to lie on the table; as follows:

       On page 8, line 21, before the semicolon, insert the 
     following: ``or an action against a seller that has an 
     established history of qualified products being lost or 
     stolen, under such criteria as shall be established by the 
     Attorney General by regulation, for an injury or death caused 
     by a qualified product that was in the possession of the 
     seller, but subsequently lost or stolen''.
                                 ______
                                 
  SA 1626. Mr. REED (for Mr. Kohl) proposed an amendment to the bill S. 
397, to prohibit civil liability actions from being brought or 
continued against manufacturers, distributors, dealers, or importers of 
firearms or ammunition for damages, injunctive or other relief 
resulting from the misuse of their products by others; as follows:

       At the end of the bill, add the following:

     SEC. 5. CHILD SAFETY LOCKS.

       (a) Short Title.--This section may be cited as the ``Child 
     Safety Lock Act of 2005''.

[[Page S9193]]

       (b) Purposes.--The purposes of this section 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.
       (c) Firearms Safety.--
       (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.''.
       (2) Civil penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (A) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (B) 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.''.
       (3) Liability; evidence.--
       (A) Liability.--Nothing in this section shall be construed 
     to--
       (i) create a cause of action against any Federal firearms 
     licensee or any other person for any civil liability; or
       (ii) establish any standard of care.
       (B) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section 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 subsection.
       (C) Rule of construction.--Nothing in this paragraph 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.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1627. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill S. 1516, to reauthorize Amtrak, and for other purposes; 
which was referred to the Committee on Commerce, Science, and 
Transportation; as follows:

       At the end of the bill, add the following:

                  TITLE VI--RAIL INFRASTRUCTURE BONDS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Passenger Rail Investment 
     and Improvement Financing Act of 2005''.

     SEC. 602. TAX CREDIT TO HOLDERS OF QUALIFIED RAIL 
                   INFRASTRUCTURE BONDS.

       (a) In General.--Part IV of subchapter A of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to credits 
     against tax) is amended by adding at the end the following 
     new subpart:

    ``Subpart H--Nonrefundable Credit for Holders of Qualified Rail 
                          Infrastructure Bonds

``Sec. 54. Credit to holders of qualified rail infrastructure bonds.

     ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED RAIL INFRASTRUCTURE 
                   BONDS.

       ``(a) Allowance of Credit.--In the case of a taxpayer who 
     holds a qualified rail infrastructure bond on a credit 
     allowance date of such bond which occurs during the taxable 
     year, there shall be allowed as a credit against the tax 
     imposed by this chapter for such taxable year an amount equal 
     to the sum of the credits determined under subsection (b) 
     with respect to credit allowance dates during such year on 
     which the taxpayer holds such bond.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a qualified rail infrastructure bond is 25 percent 
     of the annual credit determined with respect to such bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any qualified rail infrastructure bond is the 
     product of--
       ``(A) the applicable credit rate, multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Applicable credit rate.--For purposes of paragraph 
     (2), the applicable credit rate with respect to an issue is 
     the rate equal to an average market yield (as of the day 
     before the date of sale of the issue) on outstanding long-
     term corporate debt obligations (determined under regulations 
     prescribed by the Secretary).
       ``(4) Credit allowance date.--For purposes of this section, 
     the term `credit allowance date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15

     Such term includes the last day on which the bond is 
     outstanding.
       ``(5) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than this subpart and subpart C).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(d) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(e) Credits May Be Stripped.--Under regulations 
     prescribed by the Secretary--
       ``(1) In general.--There may be a separation (including at 
     issuance) of the ownership of a qualified rail infrastructure 
     bond and the entitlement to the credit under this section 
     with respect to such bond. In case of any such separation, 
     the credit under this section shall be allowed to the person 
     who on

[[Page S9194]]

     the credit allowance date holds the instrument evidencing the 
     entitlement to the credit and not to the holder of the bond.
       ``(2) Certain rules to apply.--In the case of a separation 
     described in paragraph (1), the rules of section 1286 shall 
     apply to the qualified rail infrastructure bond as if it were 
     a stripped bond and to the credit under this section as if it 
     were a stripped coupon.
       ``(f) Qualified Rail Infrastructure Bond.--For purposes of 
     this part, the term `qualified rail infrastructure bond' 
     means any bond issued as part of an issue if--
       ``(1) the issuer certifies that the Secretary of 
     Transportation has designated the bond for purposes of this 
     section under section 26106(a) of title 49, United States 
     Code, as in effect on the date of the enactment of this 
     section,
       ``(2) 95 percent or more of the proceeds from the sale of 
     such issue are to be used for expenditures incurred after the 
     date of the enactment of this section for any project 
     described in section 26106(a)(2) of title 49, United States 
     Code,
       ``(3) the term of each bond which is part of such issue 
     does not exceed 20 years,
       ``(4) the payment of principal with respect to such bond is 
     the obligation solely of the issuer, and
       ``(5) the issue meets the requirements of subsection (f) 
     (relating to arbitrage).
       ``(g) Special Rules Relating to Arbitrage.--
       ``(1) In general.--Subject to paragraph (2), an issue shall 
     be treated as meeting the requirements of this subsection if 
     as of the date of issuance, the issuer reasonably expects--
       ``(A) to spend at least 95 percent of the proceeds from the 
     sale of the issue for 1 or more qualified projects within the 
     3-year period beginning on such date,
       ``(B) to incur a binding commitment with a third party to 
     spend at least 10 percent of the proceeds from the sale of 
     the issue, or to commence construction, with respect to such 
     projects within the 6-month period beginning on such date, 
     and
       ``(C) to proceed with due diligence to complete such 
     projects and to spend the proceeds from the sale of the 
     issue.
       ``(2) Rules regarding continuing compliance after 3-year 
     determination.--If at least 95 percent of the proceeds from 
     the sale of the issue is not expended for 1 or more qualified 
     projects within the 3-year period beginning on the date of 
     issuance, but the requirements of paragraph (1) are otherwise 
     met, an issue shall be treated as continuing to meet the 
     requirements of this subsection if either--
       ``(A) the issuer uses all unspent proceeds from the sale of 
     the issue to redeem bonds of the issue within 90 days after 
     the end of such 3-year period, or
       ``(B) the following requirements are met:
       ``(i) The issuer spends at least 75 percent of the proceeds 
     from the sale of the issue for 1 or more qualified projects 
     within the 3-year period beginning on the date of issuance.
       ``(ii) Either--

       ``(I) the issuer spends at least 95 percent of the proceeds 
     from the sale of the issue for 1 or more qualified projects 
     within the 4-year period beginning on the date of issuance, 
     or
       ``(II) the issuer pays to the Federal Government any 
     earnings on the proceeds from the sale of the issue that 
     accrue after the end of the 3-year period beginning on the 
     date of issuance and uses all unspent proceeds from the sale 
     of the issue to redeem bonds of the issue within 90 days 
     after the end of the 4-year period beginning on the date of 
     issuance.

       ``(h) Recapture of Portion of Credit Where Cessation of 
     Compliance.--
       ``(1) In general.--If any bond which when issued purported 
     to be a qualified rail infrastructure bond ceases to be such 
     a qualified bond, the issuer shall pay to the United States 
     (at the time required by the Secretary) an amount equal to 
     the sum of--
       ``(A) the aggregate of the credits allowable under this 
     section with respect to such bond (determined without regard 
     to subsection (c)) for taxable years ending during the 
     calendar year in which such cessation occurs and the 2 
     preceding calendar years, and
       ``(B) interest at the underpayment rate under section 6621 
     on the amount determined under subparagraph (A) for each 
     calendar year for the period beginning on the first day of 
     such calendar year.
       ``(2) Failure to pay.--If the issuer fails to timely pay 
     the amount required by paragraph (1) with respect to such 
     bond, the tax imposed by this chapter on each holder of any 
     such bond which is part of such issue shall be increased (for 
     the taxable year of the holder in which such cessation 
     occurs) by the aggregate decrease in the credits allowed 
     under this section to such holder for taxable years beginning 
     in such 3 calendar years which would have resulted solely 
     from denying any credit under this section with respect to 
     such issue for such taxable years.
       ``(3) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (2) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards under subsection (c) shall 
     be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     paragraph (2) shall not be treated as a tax imposed by this 
     chapter for purposes of determining--
       ``(i) the amount of any credit allowable under this part, 
     or
       ``(ii) the amount of the tax imposed by section 55.
       ``(i) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Bond.--The term `bond' includes any obligation.
       ``(2) Qualified project.--The term `qualified project' 
     means any project described in section 26106(a)(2) of title 
     49, United States Code.
       ``(3) Treatment of changes in use.--For purposes of 
     subsection (e)(2), the proceeds from the sale of an issue 
     shall not be treated as used for a qualified project to the 
     extent that the issuer takes any action within its control 
     which causes such proceeds not to be used for a qualified 
     project. The Secretary shall prescribe regulations specifying 
     remedial actions that may be taken (including conditions to 
     taking such remedial actions) to prevent an action described 
     in the preceding sentence from causing a bond to fail to be a 
     qualified rail infrastructure bond.
       ``(4) Partnership; s corporation; and other pass-thru 
     entities.--Under regulations prescribed by the Secretary, in 
     the case of a partnership, trust, S corporation, or other 
     pass-thru entity, rules similar to the rules of section 41(g) 
     shall apply with respect to the credit allowable under 
     subsection (a).
       ``(5) Bonds held by regulated investment companies.--If any 
     qualified rail infrastructure bond is held by a regulated 
     investment company, the credit determined under subsection 
     (a) shall be allowed to shareholders of such company under 
     procedures prescribed by the Secretary.
       ``(6) Reporting.--Issuers of qualified rail infrastructure 
     bonds shall submit reports similar to the reports required 
     under section 149(e).''.
       (b) Amendments to Other Code Sections.--
       (1) Reporting.--Subsection (d) of section 6049 of the 
     Internal Revenue Code of 1986 (relating to returns regarding 
     payments of interest) is amended by adding at the end the 
     following new paragraph:
       ``(8) Reporting of credit on qualified rail infrastructure 
     bonds.--
       ``(A) In general.--For purposes of subsection (a), the term 
     `interest' includes amounts includible in gross income under 
     section 54(d) and such amounts shall be treated as paid on 
     the credit allowance date (as defined in section 54(b)(4)).
       ``(B) Reporting to corporations, etc.--Except as otherwise 
     provided in regulations, in the case of any interest 
     described in subparagraph (A), subsection (b)(4) shall be 
     applied without regard to subparagraphs (A), (H), (I), (J), 
     (K), and (L)(i) of such subsection.
       ``(C) Regulatory authority.--The Secretary may prescribe 
     such regulations as are necessary or appropriate to carry out 
     the purposes of this paragraph, including regulations which 
     require more frequent or more detailed reporting.''.
       (2) Treatment for estimated tax purposes.--
       (A) Individual.--Section 6654 of such Code (relating to 
     failure by individual to pay estimated income tax) is amended 
     by redesignating subsection (m) as subsection (n) and by 
     inserting after subsection (l) the following new subsection:
       ``(m) Special Rule for Holders of Qualified Rail 
     Infrastructure Bonds.--For purposes of this section, the 
     credit allowed by section 54 to a taxpayer by reason of 
     holding a qualified rail infrastructure bond on a credit 
     allowance date shall be treated as if it were a payment of 
     estimated tax made by the taxpayer on such date.''.
       (B) Corporate.--Section 6655 of such Code (relating to 
     failure by corporation to pay estimated income tax) is 
     amended by adding at the end of subsection (g) the following 
     new paragraph:
       ``(5) Special rule for holders of qualified rail 
     infrastructure bonds.--For purposes of this section, the 
     credit allowed by section 54 to a taxpayer by reason of 
     holding a qualified rail infrastructure bond on a credit 
     allowance date shall be treated as if it were a payment of 
     estimated tax made by the taxpayer on such date.''.
       (c) Clerical Amendments.--
       (1) The table of subparts for part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     item:

    ``Subpart H. Nonrefundable Credit for Holders of Qualified Rail 
                        Infrastructure Bonds''.

       (2) Section 6401(b)(1) is amended by striking ``and G'' and 
     inserting ``G, and H''.
       (d) Issuance of Regulations.--Not later than 6 months after 
     the date of the enactment of this section, the Secretary of 
     the Treasury shall issue regulations for carrying out this 
     section and the amendments made by this section.
       (e) Intercity Rail Facilities.--Section 142(i) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(4) Additional requirements.--A bond issued as part of an 
     issue described in subsection (a)(11) shall not be considered 
     an exempt facility bond unless the requirements of paragraphs 
     (1) through (4) of section 26106(a) of title 49, United 
     States Code, are met.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1628. Mr. McCONNELL (for Mr. Hagel) proposed an amendment to the

[[Page S9195]]

resolution S. Res. 86, designating August 16, 2005, as ``National 
Airborne Day''; as follows:

       On page 5 strike lines 1 through 5 and insert the 
     following:
       (2) requests that the people of the United States observe 
     ``National Airborne Day'' with other appropriate programs, 
     ceremonies and activities.
                                 ______
                                 
  SA 1629. Mr. McCONNELL (for Mr. Feingold) proposed an amendment to 
the resolution S. Res. 104, expressing the sense of the Senate 
encouraging the active engagement of Americans in world affairs and 
urging the Secretary of State to take the lead and coordinate with 
other governmental agencies and non-governmental organizations in 
creating an online database of international exchange programs and 
related opportunities; as follows:

       On page 3, line 8, to page 4, line 1, strike ``in creating 
     an online database that provides'', and insert ``to make 
     readily accessible''.
                                 ______
                                 
  SA 1630. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by means of a qualified 
     product that is involved in illegal interstate firearms 
     trafficking punishable under section 924 of title 18, United 
     States Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1631. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by failing to retain for 
     30 days the records of a sale to an individual who is 
     required, under regulations prescribed under section 114(h) 
     of title 49, United States Code, to be prevented from 
     boarding an aircraft.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)
                                 ______
                                 
  SA 1632. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 397, to prohibit civil liability actions from 
being brought or continued against manufacturers, distributors, 
dealers, or importers of firearms or ammunition for damages, injunctive 
or other relief resulting from the misuse of their products by others; 
which was ordered to lie on the table; as follows:

       On page 10, strike line 3 and all that follows through page 
     11, line 2, and insert the following:
       (iv) an action for breach of contract or warranty in 
     connection with the purchase of the product;
       (v) an action for death, physical injuries or property 
     damage resulting directly from a defect in design or 
     manufacture of the product, when used as intended or in a 
     reasonably foreseeable manner, except that where the 
     discharge of the product was caused by a volitional act that 
     constituted a criminal offense then such act shall be 
     considered the sole proximate cause of any resulting death, 
     personal injuries or property damage; or
       (vi) any case in which a manufacturer or seller of a 
     qualified product caused an injury by failing to keep 
     adequate records of the sale of a qualified product from the 
     inventory or collection of the manufacturer or seller, as 
     required under section 923(g) of title 18, United States 
     Code.
       (B) Negligent entrustment.--As used in subparagraph 
     (A)(ii), the term ``negligent entrustment'' means the 
     supplying of a qualified product by a seller for use by 
     another person when the seller knows, or reasonably should 
     know, the person to whom the product is supplied is likely 
     to, and does, use the product in a manner involving 
     unreasonable risk of physical injury to the person or others.
       (C) Rule of construction.--The exceptions enumerated under 
     clauses (i) through (vi)

                          ____________________