April 24, 1995 CONGRESSIONAL RECORD— SENATE S5605 

negotiate with the EPA on a range of 

acceptable compliance measures. In 

the absence of a more deliberative 

process that allows States to carefully 

analyze all of their options, we could 

provoke a repeat of last year, when 

States like Maine tried to implement 

programs but met stiff public opposition. That kind of scenario will not 

bring us any closer to cleaner air. 

States need a temporary break from 

the sanctions threat, and my bill will 

provide that break. It establishes a 1- 

year moratorium on sanctions and penalties related to marginal and moderate ozone nonattainment areas. It 

applies only to States, and it simply 

gives the States with these areas a reprieve from the Clean Air Act’s heavyhanded sanctions so that they are not 

forced to act too hastily in what appears to be an evolving regulatory 

landscape. 

Mr. President, my bill offers a reasonable approach to a major controversy affecting many States. I think 

it will advance the cause of clean air 

by allowing States to develop emissions reductions plans that have some 

credibility in the eyes of the public. I 

invite my colleagues from other States 

facing similar problems to join me in 

cosponsoring this legislation, and to 

work with me for prompt passage of it. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the bill was 

ordered to be printed in the RECORD, as 

follows: 

S. 721 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. OZONE NONATTAINMENT AREAS. 

(a) IN GENERAL.—During the 1-year period 

beginning on the date of enactment of this 

Act, the Administrator of the Environmental 

Protection Agency shall not initiate or continue in effect an enforcement action against 

a State with respect to an area that, before, 

on, or after that date, is designated nonattainment for ozone and classified as a Marginal Area or Moderate Area under section 

181 of the Clean Air Act (42 U.S.C. 7511), including such an area that is located in the 

ozone transport region established by section 

184(a) of that Act (42 U.S.C. 7511c(a)). 

(b) DEFINITION.—In this section, the term 

‘‘enforcement action’’ includes—

(1) the withholding of a grant under section 105 of the Clean Air Act (42 U.S.C. 7405); 

(2) the promulgation of a Federal implementation plan under section 110(c) of the 

Clean Air Act (42 U.S.C. 7410); 

(3) the imposition of a sanction under section 110(m) or 179 of the Clean Air Act (42 

U.S.C. 7410(m), 7509); and 

(4) any other action intended to obtain 

compliance (unless the action is agreed to by 

the State) or punish noncompliance with a 

requirement applicable to an area described 

in subsection (a) under the Clean Air Act (42 

U.S.C. 7401 et seq.). 

f 

ADDITIONAL COSPONSORS 

S. 216

At the request of Mr. INOUYE, the 

name of the Senator from Colorado 

[Mr. CAMPBELL] was added as a cosponsor of S. 216, a bill to repeal the reduction in the deductible portion of expenses for business meals and entertainment. 

S. 245

At the request of Mr. COHEN, the 

names of the Senator from Vermont 

[Mr. JEFFORDS], the Senator from Wisconsin [Mr. KOHL], and the Senator 

from Illinois [Ms. MOSELEY-BRAUN] 

were added as cosponsors of S. 245, a 

bill to provide for enhanced penalties 

for health care fraud, and for other 

purposes. 

S. 254

At the request of Mr. LOTT, the name 

of the Senator from Illinois [Ms. 

MOSELEY-BRAUN] was added as a cosponsor of S. 254, A bill to extend eligibility for veterans’ burial benefits, funeral benefits, and related benefits for 

veterans of certain service in the U.S. 

merchant marine during World War II. 

S. 258

At the request of Mr. PRYOR, the 

name of the Senator from California 

[Mrs. BOXER] was added as a cosponsor 

of S. 258, a bill to amend the Internal 

Revenue Code of 1986 to provide additional safeguards to protect taxpayer 

rights. 

S. 277

At the request of Mr. D’AMATO, the 

name of the Senator from Ohio [Mr. 

DEWINE] was added as a cosponsor of S. 

277, a bill to impose comprehensive 

economic sanctions against Iran. 

S. 332

At the request of Mr. CONRAD, the 

name of the Senator from Maryland 

[Ms. MIKULSKI] was added as a cosponsor of S. 332, a bill to provide means of 

limiting the exposure of children to 

violent programming on television, and 

for other purposes. 

S. 388

At the request of Ms. SNOWE, the 

names of the Senator from Kentucky 

[Mr. MCCONNELL], the Senator from 

Idaho [Mr. CRAIG], the Senator from 

New Hampshire [Mr. SMITH], and the 

Senator from Idaho [Mr. KEMPTHORNE] 

were added as cosponsors of S. 388, a 

bill to amend title 23, United States 

Code, to eliminate the penalties for 

noncompliance by States with a program requiring the use of motorcycle 

helmets, and for other purposes. 

S. 390

At the request of Mr. BIDEN, the 

name of the Senator from California 

[Mrs. FEINSTEIN] was added as a cosponsor of S. 390, a bill to improve the 

ability of the United States to respond 

to the international terrorist threat. 

S. 448

At the request of Mr. GRASSLEY, the 

names of the Senator from Arizona 

[Mr. KYL], the Senator from Maine [Mr. 

COHEN], and the Senator from Connecticut [Mr. LIEBERMAN] were added 

as cosponsors of S. 448, a bill to amend 

section 118 of the Internal Revenue 

Code of 1986 to provide for certain exceptions from rules for determining 

contributions in aid of construction, 

and for other purposes. 

S. 469

At the request of Mr. GREGG, the 

name of the Senator from Oklahoma 

[Mr. NICKLES] was added as a cosponsor 

of S. 469, a bill to eliminate the National Education Standards and Improvement Council and opportunity-tolearn standards. 

S. 512

At the request of Mr. GRASSLEY, the 

name of the Senator from South Dakota [Mr. DASCHLE] was added as a cosponsor of S. 512, a bill to amend title 

XVIII of the Social Security Act to 

provide for a 5-year extension of the 

Medicare-dependent, small, rural hospital payment provisions, and for other 

purposes. 

S. 526

At the request of Mr. GREGG, the 

names of the Senator from Iowa [Mr. 

GRASSLEY] and the Senator from Oklahoma [Mr. NICKLES] were added as cosponsors of S. 526, a bill to amend the 

Occupational Safety and Health Act of 

1970 to make modifications to certain 

provisions, and for other purposes. 

S. 559

At the request of Mr. SIMPSON, the 

name of the Senator from Arkansas 

[Mr. PRYOR] was added as a cosponsor 

of S. 559, a bill to amend the Lanham 

Act to require certain disclosures relating to materially altered films. 

S. 565

At the request of Mr. ROCKEFELLER, 

the names of the Senator from Indiana 

[Mr. LUGAR] and the Senator from 

Pennsylvania [Mr. SANTORUM] were 

added as cosponsors of S. 565, a bill to 

regulate interstate commerce by providing for a uniform product liability 

law, and for other purposes. 

S. 588

At the request of Mr. DASCHLE, the 

name of the Senator from Illinois [Ms. 

MOSELEY-BRAUN] was added as a cosponsor of S. 588, a bill to amend the 

Employee Retirement Income Security 

Act of 1974 with respect to rules governing litigation contesting termination or reduction of retiree health 

benefits. 

S. 692

At the request of Mr. GREGG, the 

name of the Senator from New Hampshire [Mr. SMITH] was added as a cosponsor of S. 692, a bill to amend the 

Internal Revenue Code of 1986 to preserve family-held forest lands, and for 

other purposes. 

SENATE JOINT RESOLUTION 32

At the request of Mr. HATCH, the 

names of the Senator from Wyoming 

[Mr. SIMPSON] and the Senator from 

California [Mrs. FEINSTEIN] were added 

as cosponsors of Senate Joint Resolution 32, a joint resolution expressing 

the concern of the Congress regarding 

certain recent remarks that unfairly 

and inaccurately maligned the integrity of the Nation’s law enforcement 

officers. 

SENATE RESOLUTION 97

At the request of Mr. THOMAS, the 

names of the Senator from Illinois [Mr. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S5606 CONGRESSIONAL RECORD— SENATE April 24, 1995 

SIMON] and the Senator from California 

[Mrs. FEINSTEIN] were added as cosponsors of Senate Resolution 97, a resolution expressing the sense of the Senate 

with respect to peace and stability in 

the South China Sea. 

AMENDMENT NO. 568

At the request of Mr. WARNER the 

names of the Senator from North Carolina [Mr. HELMS] and the Senator from 

Michigan [Mr. ABRAHAM] were added as 

cosponsors of amendment No. 568 intended to be proposed to S. 383, a bill to 

provide for the establishment of policy 

on the deployment by the United 

States of an antiballistic missile system and of advanced theater missile 

defense systems. 

f 

SENATE RESOLUTION 110—CONDEMNING THE BOMBING IN 

OKLAHOMA CITY 

Mr. NICKLES (for himself, Mr. 

INHOFE, Mr. DOLE, Mr. DASCHLE, Mr. 

HELMS, Mr. BROWN, Mr. SMITH, Mrs. 

FEINSTEIN, Mr. DODD, Mr. BYRD, Mr. 

CONRAD, Mr. FORD, Mr. KOHL, Ms. 

MOSELEY-BRAUN, Mrs. MURRAY, Mr. 

ROBB, Mr. ROCKEFELLER, Mr. 

LIEBERMAN, Mr. ABRAHAM, Mr. 

ASHCROFT, Mr. BENNETT, Mr. BOND, Mr. 

BURNS, Mr. CAMPBELL, Mr. CHAFEE, Mr. 

COATS, Mr. COCHRAN, Mr. COHEN, Mr. 

COVERDELL, Mr. CRAIG, Mr. D’AMATO, 

Mr. DEWINE, Mr. DOMENICI, Mr. FAIRCLOTH, Mr. FRIST, Mr. GORTON, Mr. 

GRAMM, Mr. GRAMS, Mr. GRASSLEY, Mr. 

GREGG, Mrs. HUTCHISON, Mr. JEFFORDS, 

Mrs. KASSEBAUM, Mr. KEMPTHORNE, Mr. 

KYL, Mr. LOTT, Mr. LUGAR, Mr. MACK, 

Mr. MCCAIN, Mr. MCCONNELL, Mr. MURKOWSKI, Mr. PACKWOOD, Mr. PRESSLER, 

Mr. ROTH, Mr. SANTORUM, Mr. SHELBY, 

Mr. SIMPSON, Ms. SNOWE, Mr. SPECTER, 

Mr. STEVENS, Mr. THOMAS, Mr. THOMPSON, Mr. THURMOND, and Mr. WARNER) 

submitted the following resolution; 

which was considered: 

S. RES. 110 

Whereas, on Wednesday, April 19, 1995, a 

car bomb exploded outside the Alfred P. 

Murrah Federal Building in Oklahoma City, 

Oklahoma, collapsing the north face of this 

nine-story concrete building, killing and injuring innocent and defenseless children and 

adults; 

Whereas, authorities are calling this the 

deadliest terrorist attack ever on U.S. soil; 

Whereas, federal law authorizes the imposition of the death penalty for terrorist murder; and, 

Whereas, additional anti-terrorism measures are now pending for consideration in the 

United States Senate: Now, therefore, be it 

Resolved, That the Senate of the United 

States: 

(1) Condemns, in the strongest possible 

terms, the heinous bombing attack against 

innocent children and adults at the Alfred P. 

Murrah Federal Building in Oklahoma City; 

(2) Sends its heartfelt condolences to the 

families, friends, and loved ones of those 

whose lives were taken away by this abhorrent and cowardly act; and expresses its 

hopes for the rapid and complete recovery of 

those wounded in the bombing; 

(3) Applauds all those courageous rescue 

and volunteer workers who are giving unselfishly of themselves and commends all law 

enforcement officials who are working determinedly to bring the perpetrators to justice; 

(4) Supports the President’s and the United 

States Attorney General’s position that federal prosecutors will seek the maximum penalty allowed by law, including the death penalty, for those responsible; 

(5) Commends the rapid actions taken by 

the President to provide assistance to the 

victims of the explosion and for promptly beginning an investigation to find the perpetrators of this crime, and it urges the 

President to use all necessary means to continue this effort until the perpetrators and 

their accomplices are found and appropriately punished; 

(6) Will expeditiously approve legislation 

to strengthen the authority and resources of 

all federal agencies involved in combating 

such acts of terrorism. 

f 

AMENDMENTS SUBMITTED 

COMMONSENSE PRODUCT 

LIABILITY REFORM ACT 

GORTON (AND OTHERS) 

AMENDMENT NO. 596 

Mr. GORTON (for himself, Mr. 

ROCKEFELLER, Mr. MCCONNELL, Mr. 

LIEBERMAN, Mr. DODD, Mr. PRESSLER, 

Mr. HATCH, Mr. EXON, Mr. INHOFE, Mrs. 

HUTCHISON, Mr. CHAFEE, Mr. HATFIELD, 

Mr. LUGAR, and Mr. FRIST) proposed an 

amendment to the bill (H.R. 956) to establish legal standards and procedures 

for product liability litigation, and for 

other purposes; as follows: 

Strike all after the enacting clause and insert in lieu thereof, the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Product Liability Fairness Act of 1995’’. 

TITLE I—PRODUCT LIABILITY 

SEC. 101. DEFINITIONS. 

For purposes of this Act, the following 

definitions shall apply: 

(1) CLAIMANT.—The term ‘‘claimant’’

means any person who brings a product liability action and any person on whose behalf such an action is brought. If an action is 

brought through or on behalf of—

(A) an estate, the term includes the decedent; or 

(B) a minor or incompetent, the term includes the legal guardian of the minor or incompetent. 

(2) CLAIMANT’S BENEFITS.—The term 

‘‘claimant’s benefits’’ means an amount 

equal to the sum of—

(A) the amount paid to an employee as 

workers’ compensation benefits; and 

(B) the present value of all workers’ compensation benefits to which the employee is 

or would be entitled at the time of the determination of the claimant’s benefits, as determined by the appropriate workers’ compensation authority for harm caused to an 

employee by a product. 

(3) CLEAR AND CONVINCING EVIDENCE.—

(A) IN GENERAL.—Subject to subparagraph 

(A), the term ‘‘clear and convincing evidence’’ is that measure of degree of proof 

that will produce in the mind of the trier of 

fact a firm belief or conviction as to the 

truth of the allegations sought to be established. 

(B) DEGREE OF PROOF.—The degree of proof 

required to satisfy the standard of clear and 

convincing evidence shall be—

(i) greater than the degree of proof required to meet the standard of preponderance of the evidence; and 

(ii) less than the degree of proof required 

to meet the standard of proof beyond a reasonable doubt. 

(4) COMMERCIAL LOSS.—The term ‘‘commercial loss’’ means any loss or damage to a 

product itself, loss relating to a dispute over 

its value, or consequential economic loss the 

recovery of which is governed by the Uniform Commercial Code or analogous State 

commercial law, not including harm. 

(5) DURABLE GOOD.—The term ‘‘durable 

good’’ means any product, or any component 

of any such product, which has a normal life 

expectancy of 3 or more years or is of a character subject to allowance for depreciation 

under the Internal Revenue Code of 1986, and 

which is—

(A) used in a trade or business; 

(B) held for the production of income; or 

(C) sold or donated to a governmental or 

private entity for the production of goods, 

training, demonstration, or any other similar purpose. 

(6) ECONOMIC LOSS.—The term ‘‘economic 

loss’’ means any pecuniary loss resulting 

from harm (including any medical expense 

loss, work loss, replacement services loss, 

loss due to death, burial costs, and loss of 

business or employment opportunities), to 

the extent that recovery for the loss is permitted under applicable State law. 

(7) HARM.—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. 

(8) INSURER.—The term ‘‘insurer’’ means 

the employer of a claimant, if the employer 

is self-insured, or the workers’ compensation 

insurer of an employer. 

(9) MANUFACTURER.—The term ‘‘manufacturer’’ means—

(A) any person who is engaged in a business to produce, create, make, or construct 

any product (or component part of a product), and who designs or formulates the product (or component part of the product), or 

has engaged another person to design or formulate the product (or component part of 

the product); 

(B) a product seller, but only with respect 

to those aspects of a product (or component 

part of a product) which are created or affected when, before placing the product in 

the stream of commerce, the product seller 

produces, creates, makes, constructs, designs, or formulates, or has engaged another 

person to design or formulate, an aspect of a 

product (or component part of a product) 

made by another person; or 

(C) any product seller that is not described 

in subparagraph (B) that holds itself out as a 

manufacturer to the user of the product. 

(10) NONECONOMIC LOSS.—The term ‘‘noneconomic loss’’—

(A) means subjective, nonmonetary loss resulting from harm, including pain, suffering, 

inconvenience, mental suffering, emotional 

distress, loss of society and companionship, 

loss of consortium, injury to reputation, and 

humiliation; and 

(B) does not include economic loss. 

(11) PERSON.—The term ‘‘person’’ means 

any individual, corporation, company, association, firm, partnership, society, joint 

stock company, or any other entity (including any governmental entity). 

(12) PRODUCT.—

(A) IN GENERAL.—The term ‘‘product’’

means any object, substance, mixture, or 

raw material in a gaseous, liquid, or solid 

state that—

(i) is capable of delivery itself or as an assembled whole, in a mixed or combined 

state, or as a component part or ingredient; 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS