Congressional Record UNUM

E PLURIBUS

United States

of America PROCEEDINGS AND DEBATES OF THE 104th

 CONGRESS, FIRST SESSION

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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S5931 

Vol. 141 WASHINGTON, TUESDAY, MAY 2, 1995 No. 71 

Senate 

(Legislative day of Monday, May 1, 1995) 

The Senate met at 10 a.m., on the expiration of the recess, and was called to 

order by the President pro tempore 

[Mr. THURMOND]. 

The PRESIDENT pro tempore. The 

Chaplain will now deliver the morning 

prayer. 

PRAYER

The Chaplain, Dr. Lloyd John 

Ogilvie, offered the following prayer: 

Let us pray: 

Almighty God, Creator, Sustainer, 

and Lord of all, You who have brought 

light out of darkness and have created 

us to know You, we praise You for 

Your guidance. As we begin the work of 

this Senate today, we acknowledge 

again our total dependence on You. 

Revelation of Your truth comes in relationship with You; Your inspiration is 

given when we are illuminated with 

Your spirit. Therefore, we prepare for 

the decisive decisions of this day by 

opening our minds to the inflow of 

Your spirit. We confess that we need 

Your divine intelligence to invade our 

thinking brains and flood us with Your 

light in the dimness of our limited understanding. 

Gracious Lord, You know what is 

ahead today for the women and men of 

this Senate. Crucial issues confront 

them. Votes will be cast and aspects of 

the future of our Nation will be shaped 

by what is decided. And so, we say with 

the Psalmist, ‘‘Show me Your ways, O 

Lord; teach me Your paths. Lead me in 

Your truth and teach me, for You are 

the God of my salvation; on You I wait 

all the day.’’—Psalm 25: 4–5. ‘‘I delight 

to do Your will, O my God, and Your 

law is within my heart.’’—Psalm 40:8. 

We praise You Lord, that when this 

day comes to an end we will have the 

deep inner peace of knowing that You 

heard and answered this prayer for 

guidance. In the name of Him who is 

Truth. Amen. 

RECOGNITION OF THE ACTING 

MAJORITY LEADER 

The PRESIDENT pro tempore. The 

acting majority leader is recognized. 

SCHEDULE

Mr. SANTORUM. Mr. President, this 

morning, the leader time has been reserved, and the Senate will immediately resume consideration of H.R. 

956, the product liability bill. 

Under the order, there will be 60 minutes of debate equally divided between 

the two managers, or their designees. 

At the conclusion of debate, at 11 

o’clock, the Senate will begin a series 

of rollcall votes on, or in relation to, 

the pending second-degree amendments 

to the McConnell amendment. 

The Senate will recess between the 

hours of 12:30 p.m. and 2:15 p.m. today 

for the weekly policy luncheons to 

meet. 

Senators should be aware that further rollcall votes can be expected 

throughout today’s session. 

f 

COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT 

The PRESIDENT pro tempore. Under 

the previous order, the Senate will resume consideration of H.R. 956, the 

product liability bill, which the clerk 

will report. 

The legislative 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 resumed consideration of 

the bill. 

Pending: 

(1) Gorton amendment No. 596, in the nature of a substitute. 

(2) McConnell amendment No. 603 (to 

amendment No. 596) to reform the health 

care liability system and improve health 

care quality through the establishment of 

quality assurance programs. 

(3) Thomas amendment No. 604 (to amendment No. 603) to provide for the consideration of health care liability claims relating 

to certain obstetric services. 

(4) Wellstone amendment No. 605 (to 

amendment No. 603) to revise provisions regarding reports on medical malpractice data 

and access to certain information. 

(5) Snowe amendment No. 608 (to amendment No. 603) to limit the amount of punitive damages that may be awarded in a 

health care liability action. 

(6) Kyl amendment No. 609 (to amendment 

No. 603) to provide for full compensation for 

noneconomic losses in civil actions. 

(7) Kyl amendment No. 611 (to amendment 

No. 603) to place a limitation of $500,000 on 

noneconomic damages that are awarded to 

compensate a claimant for pain, suffering, 

emotional distress, and other related injuries. 

(8) DeWine amendment No. 612 (to amendment No. 603) to clarify that the provisions 

of this title do not apply to action involving 

sexual abuse. 

(9) Hatch amendment No. 613 (to amendment No. 603) to permit the Attorney General to award grants for establishing or 

maintaining alternative dispute resolution 

mechanisms. 

(10) Simon/Wellstone amendment No. 614 

(to amendment No. 603) to clarify the preemption of State laws. 

(11) Kennedy amendment No. 607 (to 

amendment No. 603) in the nature of a substitute. 

(12) Kennedy amendment No. 615 (to 

amendment No. 603) to clarify the preemption of State laws. 

(13) DeWine (for Dodd) amendment No. 616 

(to amendment No. 603) to provide for uniform standards for the awarding of punitive 

damages. 

Mr. GORTON. Mr. President, we are 

now under a time agreement of 1 hour 

for the final debate on all of the second-degree amendments to the McConnell amendment on medical malpractice. 

Seeing no Senator prepared to debate, I suggest the absence of a quorum 

and ask unanimous consent that it be 

charged equally against both sides. 

The PRESIDING OFFICER (Mr. 

SANTORUM). Without objection, it is so 

ordered. The clerk will call the roll. 

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