May 3, 1995 CONGRESSIONAL RECORD — SENATE S6125

AMENDMENT NO. 669

At the appropriate place, insert the following:

SEC. . Notwithstanding any other provision of this Act, no civil action shall be subject to section 107 of this Act.

AMENDMENT NO. 670

On page 28, between lines 12 and 13, insert

the following:

SEC. 2. APPLICATION OF ACT LIMITED TO DOMESTIC PRODUCTS.

Notwithstanding any other provision of

this Act, this Act shall not apply to any

product, component part, implant, or medical device that is not manufactured in the

United States within the meaning of the Buy

American Act (41 U.S.C. 10a) and the regulations issued thereunder, or to any raw material derived from sources outside the United

States.

AMENDMENT NO. 671

At the appropriate place, insert the following:

SEC. . NO PREEMPTION OF RECENT TORT REFORM LAWS.

Notwithstanding any other provision of

this Act to the contrary, nothing in this Act

preempts any provision of State law inconsistent with this Act if the legislature of

that State considered a legislative proposal

dealing with that provision in connection

with reforming the tort laws of that State

during the period beginning on January 1,

1980, and ending on the date of enactment of

this Act, without regard to whether such

proposal was adopted, modified and adopted,

or rejected.

AMENDMENT NO. 672

At the appropriate place, insert the following:

SEC. . NO PREEMPTION OF RECENT TORT REFORM LAWS.

Notwithstanding any other provision of

this Act to the contrary, nothing in this Act

preempts any provision of State law adopted

after the date of enactment of this Act.

AMENDMENT NO. 673

On page 1, between lines 15 and 16, insert

the following:

SEC. 2. STATE IMPLEMENTATION REQUIRED.

Notwithstanding any provision of this Act

to the contrary, nothing in this Act shall supersede any provision of State law or rule of

civil procedure unless that State has enacted

a law providing for the application of this

Act in that State.

AMENDMENT NO. 674

At the appropriate place in the bill, insert

the following:

SEC. ——. NO PREEMPTION OF RECENT TORT REFORM LAWS.

Notwithstanding any other provision of

this Act to the contrary, nothing in this Act

preempts any provision of State law—

(1) if the legislature of that State considered a legislative proposal dealing with that

provision in connection with reforming the

tort laws of that State during the period beginning on January 1, 1980, and ending on the

date of enactment of this Act, without regard to whether such proposal was adopted,

modified and adopted, or rejected; or

(2) adopted after the date of enactment of

this Act.

GORTON AMENDMENTS NOS. 675–680

(Ordered to lie on the table.)

Mr. GORTON submitted six amendments intended to be proposed by him

to amendment No. 596, proposed by Mr.

GORTON to the bill, H.R. 965, supra; as

follows:

AMENDMENT NO. 675

On page 41, line 17, strike ‘‘or’’.

On page 42, line 2, strike ‘‘or’’.

On page 42, line 7, strike ‘‘so.’’ and insert

‘‘so; or’’.

On page 42, between lines 7 and 8, insert

the following:

‘‘(C) is related by common ownership or

control to a person meeting all the requirements described in subparagraph (A) or (B),

if the court deciding a motion to dismiss in

accordance with section 206(c)(3)(B)(i) finds,

on the basis of affidavits submitted in accordance with section 206, that it is necessary to impose liability on the

biomaterials supplier as a manufacturer because the related manufacturer meeting the

requirements of subparagraph (A) or (B)

lacks sufficient financial resources to satisfy

any judgment that the court feels it is likely

to enter should the claimant prevail.

On page 43, strike lines 3 through 13 and insert the following:

(c) LIABILITY AS SELLER.—A biomaterials

supplier may, to the extent required and permitted by any other applicable law, be liable

as a seller for harm to a claimant caused by

an implant if—

(1) the biomaterials supplier—

(A) held title to the implant that allegedly

caused harm to the claimant as a result of

purchasing the implant after—

(i) the manufacture of the implant; and

(ii) the entrance of the implant in the

stream of commerce; and

(B) subsequently resold the implant; or

(2) the biomaterials supplier is related by

common ownership or control to a person

meeting all the requirements described in

paragraph (1), if a court deciding a motion to

dismiss in accordance with section

206(c)(3)(B)(i) finds, on the basis of affidavits

submitted in accordance with section 206,

that it is necessary to impose liability on

the biomaterials supplier as a seller because

the related manufacturer meeting the requirements of paragraph (1) lacks sufficient

financial resources to satisfy any judgment

that the court feels it is likely to enter

should the claimant prevail.

AMENDMENT NO. 676

On page 16, line 21, after ‘‘but’’ insert ‘‘any

person engaged in the business of renting or

leasing a product’’.

AMENDMENT NO. 677

On page 2, strike lines 4 through 14 and insert the following:

(2) CLAIMANT’S BENEFITS.—The term

‘‘claimant’s benefits’’ means the amount

paid to an employee as workers’ compensation benefits.

On page 25, line 15, strike ‘‘CONSENT’’ and

insert ‘‘NOTIFICATION’’.

On page 25, beginning with ‘‘subparagraph’’

on line 16 strike through line 25 and insert

‘‘subparagraph (C), an employee shall not

make any settlement with or accept any

payment from the manufacturer or product

seller without written notification to the

employer.’’.

AMENDMENT NO. 678

On page 16, between lines 14 and 15, insert

the following:

For purposes of this subsection only, the

statute of limitations applicable to claims

asserting liability of a product seller as a

manufacturer shall be tolled from the date of

the filing of a complaint against the manufacturer to the date that judgment is entered

against the manufacturer.

AMENDMENT NO. 679

On page 37, strike lines 5 through 9.

On page 37, line 10, strike ‘‘(9)’’ and insert

‘‘(8)’’.

On page 37, line 15, strike ‘‘(10)’’ and insert

‘‘(9)’’.

On page 37, line 17, strike ‘‘(11)’’ and insert

‘‘(10)’’.

On page 46, beginning with line 7, strike

through line 25 on page 74 and insert the following:

(b) MANUFACTURER OF IMPLANT SHALL BE

NAMED A PARTY.—The claimant shall be required to name the manufacturer of the implant as a party to the action, unless—

(1) the manufacturer is subject to service

of process solely in a jurisdiction in which

the biomaterials supplier is not domiciled or

subject to a service of process; or

(2) an action against the manufacturer is

barred by applicable law.

AMENDMENT NO. 680

On page 7, lines 1 through 3, strike all and

insert in lieu thereof the following:

(13) PRODUCT LIABILITY ACTION.—The term

‘‘product liability action’’ means a civil action, brought against a manufacturer, seller,

or any other person responsible for the distribution of a product in the stream of commerce, involving a defect or design of the

product or anything for harm caused by the

product.

NOTICE OF HEARINGS

fCOMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. MURKOWSKI. Mr. President, I

would like to announce for the information of the Senate and the public

that a hearing has been scheduled before the full Committee on Energy and

Natural Resources to consider the

nominations of Charles William Burton

to be a member of the Board of Directors of the U.S. Enrichment Corporation, and James J. Hoecker to be a

member of the Federal Energy Regulatory Commission.

The hearing will take place Wednesday, May 10, 1995, at 9:30 a.m. in room

SD–366 of the Dirksen Senate Office

Building in Washington, DC.

For further information, please call

Camille Heninger at (202) 224–5070.

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. MURKOWSKI. Mr. President, I

would like to announce for the public

that a hearing has been scheduled before the Committee on Energy and Natural Resources.

The hearing will take place Wednesday, May 10, 1995, at 2 p.m. in room SD–

366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of this hearing is to receive testimony on the Federal Energy

Regulatory Commission’s Notice of

Proposed Rulemaking and Supplemental Notice of Proposed Rulemaking, Promoting Wholesale Competition Through Open-Access Non-discriminatory Transmission Services by

Public Utilities (Docket No. RM95–8–

000), and Recovery Stranded Costs by

Public Utilities and Transmitting Utilities (Docket No. RM94–7–001).
S6126 CONGRESSIONAL RECORD — SENATE May 3, 1995

Those who wish to submit written

statements should write to the Committee on Energy and Natural Resources, U.S. Senate, Washington, DC

20510. For further information, please

call Judy Brown or Howard Useem at

(202) 224–6567.

AUTHORITY FOR COMMITTEES TO

fMEET

COMMITTEE ON FINANCE

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Finance be permitted to meet

Wednesday, May 3, 1995, beginning at

9:30 a.m. in room SD–215, to conduct a

hearing on the alternative minimum

tax.

The PRESIDING OFFICER. With objection, it is so ordered.

COMMITTEE ON LABOR AND HUMAN RESOURCES

Mr. GORTON. Mr. President, I ask

unanimous consent that the Committee on Labor and Human Resources be

authorized to meet for a hearing on the

nomination of Dr. Henry Foster during

the session of the Senate on Wednesday, May 3, 1995, at 9:30 a.m.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SELECTCOMMITTEE ON INTELLIGENCE

Mr. GORTON. Mr. President, I ask

unanimous consent that the Select

Committee on Intelligence be authorized to meet during the session of the

Senate on Wednesday, May 3, 1995 at 2

p.m. to hold a closed business meeting.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON AIRLAND FORCES

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Airland Forces of the

Committee on Armed Services be authorized to meet at 2:30 p.m. on

Wednesday, May 3, 1995, in open session, to receive testimony on peace operations.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON ANTITRUST BUSINESS

RIGHTS, AND COMPETITION

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Antitrust, Business

Rights, and Competition of the Committee on the Judiciary, be authorized

to hold a hearing during the session of

the Senate on Wednesday, May 3, 1995,

to consider ‘‘Antitrust Issues in Telecommunications Legislation.’’

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON EUROPEAN AFFAIRS

Mr. GORTON. Mr. President, I ask

unanimous consent that the European

Affairs Subcommittee of the Committee on Foreign Relations be authorized

to meet during the session of the Senate on Wednesday, May 3, 1995, at 2

p.m. to hear testimony on Paths/Impediments to NATO Enlargement: Interests/Perceptions of Allies, Applicants, and Russia.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON FINANCIAL INSTITUTIONS

AND REGULATORY RELIEF

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Financial Institutions

and Regulatory Relief, of the Committee on Banking, Housing, and Urban

Affairs, be authorized to meet during

the session of the Senate on Wednesday, May 3, 1995, to conduct a hearing

on S. 650, ‘‘The Economic Growth and

Regulatory Paperwork Reduction

Act.’’

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON SEAPOWER

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Seapower of the Committee on Armed Services be authorized to meet at 9 a.m. on Wednesday,

May 3, 1995, in open session, to receive

testimony on the Marine Corps modernization programs and current operations in review of the defense authorization request for fiscal year 1996 and

the Future Years Defense Program.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON TRANSPORTATION AND

INFRASTRUCTURE

Mr. GORTON. Mr. President, I ask

unanimous consent that the Subcommittee on Transportation and Infrastructure be granted permission to

meet Wednesday, May 3, at 10 a.m., to

consider S. 440, a bill to designate the

National Highway System.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. Mr. President, in execEXECUTIVE SESSION

futive session, I ask unanimous consent

that the Senate immediately proceed

to the consideration of Executive Calendar No. 106, Charles T. Manatt, to be

a member of the Board of Directors for

the Communications Satellite Corporation; further, that the nomination be

confirmed, and the motion to reconsider be laid upon the table; that any

statements relating to the nomination

appear at the appropriate place in the

RECORD; and that the President be immediately notified of the Senate’s action.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The nomination was considered and

confirmed as follows:

COMMUNICATIONS SATELLITE CORPORATION

Charles T. Manatt, of the District of Columbia, to be a Member of the Board of Directors of the Communications Satellite Corporation until the date of the annual meeting of the Corporation in 1997.

EXTRADITION TREATY WITH JORDAN—TREATY DOCUMENT NO.

f104–3

Mr. GORTON. Mr. President, I ask

unanimous consent that the Senate

proceed to the following treaty on the

Executive Calendar, Calendar No. 2,

Treaty Document No. 104–3, Extradition Treaty with Jordan.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. Mr. President, I further ask unanimous consent that the

treaty be considered as having passed

through its various parliamentary

stages, up to and including the presentation of the resolution of ratification;

that no amendments, conditions, declarations, provisos, reservations, or understandings be in order; that any

statements be inserted in the CONGRESSIONAL RECORD as if read; that when

the resolution of ratification is agreed

to, the motion to reconsider be laid

upon the table; that the President be

notified of the Senate’s action, and

that following disposition of the treaty, the Senate return to legislative session.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. I ask for a division

vote on the resolution of ratification.

The PRESIDING OFFICER. A division is requested. Senators in favor of

the resolution of ratification will rise

and stand until counted.

All those opposed to ratification,

please rise and stand until counted.

On a division, two-thirds of the Senators present and having voted in the

affirmative, the resolution of ratification is agreed to.

The resolution of ratification is as

follows:

Resolved, (two-thirds of the Senators present

concurring therein), That the Senate advise

and consent to the ratification of the Extradition Treaty between the Government of

the United States of America and the Government of the Hashemite Kingdom of Jordan, signed at Washington on March 28, 1995.

LEGISLATIVE SESSION

fThe PRESIDING OFFICER. Under

the previous order, the Senate will return to legislative session.

TO AUTHORIZE REPRESENTATION

BY SENATE LEGAL COUNSEL

fMr. GORTON. Mr. President, I ask

unanimous consent that the Senate

proceed to the immediate consideration of Senate Resolution 113, submitted earlier today by Senators DOLE and

DASCHLE, authorizing representation

by Senate legal counsel.

The PRESIDING OFFICER. Without

objection, it is so ordered. The clerk

will report.

The legislative clerk read as follows:

A resolution (S. Res. 113) to authorize representation by Senate Legal Counsel.

Mr. GORTON. Mr. President, I ask

unanimous consent that the resolution

be considered and agreed to, the preamble be agreed to, and the motion to

reconsider be laid upon the table, and

that any statements relating to the

resolution appear at the appropriate

place in the RECORD.

The PRESIDING OFFICER. Without

objection, it is so ordered.