HOUSE OF REPRESENTATIVES

371

1995 T42.8

SEC. 303. DEFINITIONS.

For purposes of this title:

(1) The term ‘‘biomaterials supplier’’

means an entity that directly or indirectly

supplies, or licenses another person to supply, a component part or raw material for

use in the manufacture of a medical device—

(A) that is intended by the manufacturer of

the device—

(i) to be placed into a surgically or naturally formed or existing cavity of the body

for a period of at least 30 days; or

(ii) to remain in contact with bodily fluids

of internal human tissue through a surgically produced opening for a period of less

than 30 days; and

(B) suture materials used in implant procedures.

(2) Notwithstanding paragraph (1), the

term ‘‘biomaterials supplier’’ excludes any

person, with respect to a medical device

which is the subject of a product liability

action—

(A) who is engaged in the manufacture,

preparation, propagation, compounding, or

processing (as defined in section 510(a)(1) of

the Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 360(a)(1)) of the medical device,

and has or should have registered with the

Secretary of Health and Human Services

pursuant to section 510 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360) and

the regulations issued under such section,

and has or should have included the medical

device on a list of devices filed with the Secretary of Health and Human Services pursuant to section 510(j) of such Act (21 U.S.C.

360(j)) and the regulations issued under such

section; or

(B) who, in the course of a business conducted for that purpose, has sold, distributed, leased, packaged, labeled, or otherwise

placed the implant in the stream of commerce after it was manufactured.

(3) The term ‘‘harm’’ means any physical

injury, illness, disease, or death or damage

to property caused by a product. The term

does not include commercial loss or loss or

damage to a product itself.

(4) The term ‘‘product liability action’’

means a civil action brought on any theory

for harm caused by a product or product use.

TITLE IV—LIMITATIONS ON

APPLICABILITY; EFFECTIVE DATE

SEC. 401. APPLICATION LIMITED TO INTERSTATE

COMMERCE.

Titles I, II, and III shall apply only to

product liability or other civil actions affecting interstate commerce. For purposes of

the preceding sentence, the term ‘‘interstate

commerce’’ means commerce among the several States or with foreign nations, or in any

territory of the United States or in the District of Columbia, or between any such territory and another, or between any such territory and any State or foreign nation, or between the District of Columbia and any

State or territory or foreign nation.

SEC. 402. EFFECT ON OTHER LAW.

Nothing in title I, II, or III shall be construed to—

(1) waive or affect any defense of sovereign

immunity asserted by any State under any

law;

(2) supersede any Federal law;

(3) waive or affect any defense of sovereign

immunity asserted by the United States;

(4) affect the applicability of any provision

of chapter 97 of title 28, United States Code;

(5) preempt State choice-of-law rules with

respect to claims brought by a foreign nation

or a citizen of a foreign nation; or

(6) affect the right of any court to transfer

venue or to apply the law of a foreign nation

or to dismiss a claim of a foreign nation or

of a citizen of a foreign nation on the ground

of inconvenient forum.

SEC. 403. FEDERAL CAUSE OF ACTION PRECLUDED.

The district courts of the United States

shall not have jurisdiction pursuant to this

Act based on section 1331 or 1337 of title 28,

United States Code.

SEC. 404. EFFECTIVE DATE.

Titles I, II, and III shall apply with respect

to actions which are commenced after the

date of the enactment of this Act.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

Mr. GORDON moved to recommit the

bill to the Committee on the Judiciary

with instructions to report the bill

back to the House forthwith with the

following amendment:

Add at the end of the bill the following:

SEC. 404. SERVICE OF PROCESS.

This Act shall not apply to a product liability action unless the manufacturer of the

product or component part has appointed an

agent in the United States for service of

process from anywhere in the United States.

Change the limit in section 201 on punitive

damages to the following: ‘‘3 times the

amount of damages awarded to the claimant

for the economic loss on which the claimant’s action is based, or $1,000,000, whichever

is greater’’.

After debate,

By unanimous consent, the previous

question was ordered on the motion to

recommit with instructions.

The question being put, viva voce,

Will the House recommit said bill

with instructions?

The SPEAKER pro tempore, Mr.

WALKER, announced that the nays

had it.

Mr. GORDON demanded a recorded

vote on agreeing to said motion, which

demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 195 ! negative ....................... Nays ...... 231

T42.8 [Roll No. 228]

AYES—195

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Bonior

Borski

Boucher

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

Deal

DeFazio

DeLauro

Dellums

Deutsch

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Duncan

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gonzalez

Gordon

Graham

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Harman

Hastings (FL)

Hayes

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Johnson (SD)

Johnson, E.B.

Johnston

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

LaFalce

Lantos

Laughlin

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McCollum

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Mollohan

Montgomery

Moran

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Pomeroy

Poshard

Rahall

Reed

Reynolds

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schiff

Schroeder

Schumer

Scott

Serrano

Skaggs

Skelton

Slaughter

Spratt

Stark

Stokes

Studds

Stupak

Tanner

Tauzin

Taylor (MS)

Tejeda

Thompson

Thornton

Thurman

Torres

Traficant

Tucker

Velazquez

Vento

Visclosky

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOES—231

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brewster

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Crane

Crapo

Cremeans

Cunningham

Davis

DeLay

Diaz-Balart

Doolittle

Dornan

Dreier

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Greenwood

Gunderson

Gutknecht

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCrery

McDade

McHugh

McInnis

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Moorhead

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pickett

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder
JOURNAL OF THE

372

T42.9 MARCH 10

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tate

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—8

Cubin

Jefferson

Kanjorski

McIntosh

Moakley

Rangel

Torricelli

Towns

So the motion to recommit with instructions was not agreed to.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

WALKER, announced that the yeas had

it.

Mr. CONYERS demanded a recorded

vote on passage of said bill, which demand was supported by one-fifth of a

quorum, so a recorded vote was ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 265 ! affirmative ................... Nays ...... 161

T42.9 [Roll No. 229]

AYES—265

Allard

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bereuter

Bevill

Bilbray

Bilirakis

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Boucher

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coburn

Collins (GA)

Combest

Condit

Cooley

Cox

Cramer

Crane

Crapo

Cremeans

Cunningham

Danner

Davis

Deal

DeLay

Dickey

Dooley

Doolittle

Dornan

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Gordon

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Johnson (CT)

Johnson, Sam

Jones

Kaptur

Kasich

Kelly

Kennelly

Kim

Kingston

Kleczka

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

McCollum

McCrery

McDade

McHugh

McInnis

McKeon

McNulty

Metcalf

Meyers

Mica

Miller (FL)

Minge

Molinari

Montgomery

Moorhead

Moran

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Payne (VA)

Peterson (FL)

Peterson (MN)

Petri

Pombo

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Traficant

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOES—161

Abercrombie

Ackerman

Andrews

Baldacci

Barrett (WI)

Bateman

Becerra

Beilenson

Bentsen

Berman

Bishop

Bonior

Borski

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clyburn

Coble

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Diaz-Balart

Dicks

Dingell

Dixon

Doggett

Doyle

Durbin

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gonzalez

Green

Gutierrez

Hastings (FL)

Hinchey

Hoyer

Istook

Jackson-Lee

Jacobs

Johnson (SD)

Johnson, E.B.

Johnston

Kanjorski

Kennedy (MA)

Kennedy (RI)

Kildee

King

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Mink

Moakley

Mollohan

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Pickett

Pomeroy

Rahall

Reed

Reynolds

Richardson

Rivers

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Schumer

Scott

Serrano

Skaggs

Skelton

Stark

Stokes

Studds

Stupak

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Tucker

Velazquez

Vento

Visclosky

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOT VOTING—8

Chambliss

Cubin

Gibbons

Hilliard

Jefferson

McIntosh

Rangel

Towns

So the bill was passed.

A motion to reconsider the vote

whereby said bill was passed was, by

unanimous consent, laid on the table.

Ordered, That the Clerk request the

concurrence of the Senate in said bill.

T42.10 CLERK TO CORRECT ENGROSSMENT

On motion of Mr. HYDE, by unanimous consent,

Ordered, That in the engrossment of

the foregoing bill, the Clerk be authorized to correct section numbers, punctuation, cross references, and to make

other technical corrections.

T42.11 APPOINTMENT OF ADDITIONAL

CONFEREES—S. 244

The SPEAKER pro tempore, Mr.

WALKER, by unanimous consent and

pursuant to clause 6(f) of rule X, announced the appointment of the following Members as additional conferees on the part of the House to the

conference with the Senate on the disagreeing votes of the two Houses on

the amendment of the House to the bill

of the Senate (S. 244) to further the

goals of the Paperwork Reduction Act

to have Federal agencies become more

responsible and publicly accountable

for reducing the burden of Federal paperwork on the public, and for other

purposes: Mrs. COLLINS of Illinois,

Messrs. PETERSON of Minnesota and

WISE.

Ordered, That the Clerk notify the

Senate of the foregoing appointments.

T42.12 COMMITTEE FUNDING

Mr. THOMAS, by direction of the

Committee on House Oversight, reported (Rept. No. 104–74) the privileged

resolution (H. Res. 107) providing

amounts for the expenses of certain

committees of the House of Representatives in the One Hundred Fourth Congress.

When said resolution and report were

referred to the House Calendar and ordered printed.

T42.13 PERMISSION TO FILE REPORT

On motion of Mr. GOODLING, by

unanimous consent, the Committee on

Economic and Educational Opportunities was granted permission until 5:00

p.m. today to file a report (Rept. No.

104–74) on the bill (H.R. 999) to establish a single, consolidated source of

Federal child care funding; to establish

a program to provide block grants to

States to provide nutrition assistance

to economically disadvantaged individuals and families and to establish a

program to provide block grants to

States to provide school-based food

services to students; to restrict alien

eligibility for certain education, training, and other programs; and for other

purposes.

T42.14 ADJOURNMENT OVER

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns today, it adjourn to meet at 2

o’clock p.m. on Monday, March 13, 1995.

T42.15 HOUR OF MEETING

On motion of Mr. ARMEY, by unanimous consent,

Ordered, That when the House adjourns on Monday, March 13, 1995, it adjourn to meet at 12:30 p.m. on Tuesday,

March 14, 1995, for ‘‘morning hour’’ debates.