April 24, 1995 CONGRESSIONAL RECORD— SENATE S5571 

farmers, and the agency’s experience in 

lending to farms of extremely large 

size is not a happy one. 

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TRIBUTE TO STATE SENATOR LES 

KLEVEN 

Mr. PRESSLER. Mr. President, last 

week South Dakota lost a great public 

servant, State Senator Les Kleven. Les 

lost a brave and courageous fight 

against cancer. His leadership and innovation will be greatly missed. 

A native of North Dakota, Les moved 

to Sturgis, SD, in 1962 to start KBHB 

radio station. Under his direction and 

leadership, KBHB grew to become one 

of the premier radio stations in western South Dakota. To this day, it remains an important source of news, information, and entertainment to thousands of listeners in western South Dakota and nearby States. Over the 

years, Les often had his station broadcast live the meetings I held in the 

Sturgis area on agricultural disasters, 

the farm bill, and other important 

issues. I always appreciated his valuable advice on issues important to the 

South Dakota broadcast and radio industry, as well as many other issues. 

Les was a past president of the South 

Dakota Broadcasters Association. His 

love for South Dakota and service to 

the State did not begin and end with 

radio. He served three terms in the 

South Dakota State House of Representatives in the 1970’s. In 1992, Les 

was elected to the South Dakota State 

Senate. Of course, much as he did on 

the air waves, he significantly affected 

South Dakota political currents. 

Throughout his career as a member of 

the South Dakota State Legislature, 

Les distinguished himself as a leader 

and fiscal conservative. His constituents and his colleagues knew him to be 

independent, straightforward, and fair. 

Indeed, his contributions to the State 

of South Dakota will long be remembered. 

Most important, Les was a family 

man. Though all who knew Les held 

him in high respect and admiration, 

none could be more proud of him than 

his mother Alice, his lovely wife, Marguerite, and his two children, Andy and 

Jazal. 

Les Kleven’s honesty and integrity 

will be greatly missed. His accomplishments as a radio innovator, a State 

legislator, and a proud father provide 

an inspiring example of the South Dakota spirit—a man who gave to his profession, his community, his State, and 

to his family. Les was a family man, a 

pillar of the community, and a good 

friend. 

We will all miss him. 

(At the request of Mr. DASCHLE, the 

following statement was ordered to be 

printed in the R

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ECORD.) 

ARMENIAN GENOCIDE 

∑ Mr. LAUTENBERG. Mr. President, I 

rise today to commemorate the 80th 

anniversary of the Armenian genocide. 

The Armenian genocide marks an ignominious chapter in world history. It 

reminds us how low unchecked hatred 

can drag the human spirit, unleashing 

cruelty and brutality. As we memorialize the Armenians who died needlessly in the genocide, we must resolve 

never to forget how they suffered at 

the hands of the Ottoman Empire. 

Nor can we forget how the Armenian 

people continue suffering today as the 

country struggles to cope with the devastating impact of Azerbaijan’s blockade. The blockade has put a stranglehold on the Armenian people. Necessities—like food and heating oil—are in 

scarce supply. Such shortages endanger 

the lives of many in Armenia, especially during the harsh winter months. 

While humanitarian assistance provided by the United States can help alleviate the suffering, it cannot lift the 

blockade. Only the Government of 

Azerbaijan can do that. That is why we 

must continue to apply pressure. We 

should not provide United States foreign assistance to Azerbaijan as long as 

it maintains its blockade of Armenia. 

The blockade should be lifted without 

delay. 

Mr. President, I hope my colleagues 

will join me in commemorating this 

anniversary. It is important that we 

remember the atrocities of the past, 

and support efforts to allow the Armenian people an opportunity to live in 

peace in the future.

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∑ 

CONCLUSION OF MORNING 

BUSINESS 

The PRESIDING OFFICER. Morning 

business is now closed. 

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COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT 

The PRESIDING OFFICER. Under 

the previous order, the Senate will now 

proceed to the consideration of H.R. 

956, which the clerk will report. 

The bill clerk read as follows: 

A bill (H.R. 956) to establish legal standards and procedures for product liability litigation, and for other purposes. 

The Senate proceeded to consider the 

bill. 

Mr. PRESSLER. Mr. President, as 

the Senate begins its debate of H.R. 956 

I wish, as chairman of the Senate Committee on Commerce, Science, and 

Transportation, to discuss the provisions of S. 565—the Product Liability 

Fairness Act—as reported by our committee. S. 565 as reported will be offered as a substitute for H.R. 956, therefore I shall discuss the Senate bill as 

we begin this debate. Earlier this 

month, the Commerce Committee conducted extensive hearings over 2 days 

and then voted 13 to 6 to report the legislation with an amendment on April 6. 

S. 565 as reported is a fair and balanced 

bill. 

Mr. President, as we begin I cannot 

help but point out: Here we are again—

product liability reform being debated 

by the Senate of the United States. Do 

not get me wrong. As chairman of the 

Commerce Committee, I am proud to 

bring S. 565 to the floor. So why do I 

say, ‘‘Here we are again’’? It is not that 

I do not think this is an important 

issue. Far from it. This bill is vital. It 

is vital not just to America’s businesses but also to our Nation’s workers 

and consumers. It also is vital to the 

victims of injuries caused by products. 

THE HISTORY

It is just that we have come this far 

before. Indeed, since 1981, the Senate 

Committee on Commerce, Science, and 

Transportation has held 23 days of 

hearings on product liability reform. S. 

565 marks the seventh piece of product 

liability reform legislation reported by 

the Commerce Committee over that 15- 

year period. It is my fervent hope this 

time we can achieve meaningful results. 

Mr. President, I see no reason why we 

cannot. This year’s bill is balanced and 

reasoned. I consider it superior to legislation debated in the last Congress in 

that it does not include a provision to 

disallow punitive damage awards in 

lawsuits for certain manufacturers receiving pre-market certification from 

the Federal Aviation Administration. 

As my colleagues know, that section 

of last year’s bill made this Senator extremely uncomfortable, so uncomfortable as to put me in the equally uncomfortable position of voting against 

cloture on legislation addressing other 

legal reforms I have supported and 

voted for many times over the years. 

I personally have been involved in 

the product liability reform movement 

since the early 1980’s. I am proud of 

that. I was an original cosponsor of the 

Risk Retention Act that became law in 

1981 and provided for liability insurance pools—or risk retention groups—

for businesses. Throughout the 1980’s I 

cosponsored numerous uniform product 

liability bills with Senators Kasten, 

Danforth, and GORTON. The early bills 

were supported strongly by the business community but lacked bipartisan 

support in Congress. I chaired Small 

Business Committee field hearings in 

Sioux Falls and Rapid City, SD, on this 

issue in 1985. 

I commend the efforts to Senators 

GORTON and ROCKEFELLER with regard 

to S. 565. They are, indeed, tireless advocates for meaningful reform of 

America’s product liability system. 

They demonstrated serious leadership 

in the committee on this issue and the 

bill reflects their commitment. 

KEY PROVISIONS

I would now like to take a few minutes to briefly highlight some of the 

key provisions of S. 565 as reported. 

ALTERNATIVE DISPUTE RESOLUTION

This legislation provides either party 

in a product liability suit may offer to 

participate in a voluntary, nonbinding 

state-approved alternative dispute resolution [ADR] procedure. If a defendant 

in a products suit is asked to participate in ADR and refuses and later a 

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