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.

S 6369

Senate

(Legislative day of Monday, May 1, 1995)

Vol. 141 WASHINGTON, WEDNESDAY, MAY 10, 1995 No. 77

The Senate met at 9:30 a.m., on the

expiration of the recess, and was called

to order by the President pro tempore

[Mr. THURMOND].

PRAYER

The Chaplain, Dr. Lloyd John

Ogilvie, offered the following prayer:

Let us pray:

God is able to make all grace abound toward you, that you, always having all

sufficiency in all things, may have an

abundance for every good work.—II Corinthians 9:8.

Gracious Father, we claim this Biblical promise as we begin this new day.

We thank You for Your amazing grace,

Your unqualified love, and forgiveness

that flows from Your heart into our

hearts filling up our diminished reserves. We are energized by the realization that You have chosen to be our

God and have chosen us to belong first

and foremost to You. So we clarify our

priorities and commit ourselves to

seek first Your will and put that above

all else. It is liberating to know that

You will supply all we need, in all sufficiency, to discern and do what glorifies

You. Grant us wisdom, Lord, for the decisions of this day.

We ask this not for our own personal

success but for our beloved Nation.

America deserves the very best from us

today. Experience has taught us that

You alone can empower us to be the

leaders America needs. Fill us with a

new passion for patriotism and fresh

commitment for the responsibilities of

leadership You have entrusted to us.

In the name of Him who helps us live

every day to the fullest. Amen.

RECOGNITION OF THE ACTING

MAJORITY LEADER

fThe PRESIDENT pro tempore. The

acting majority leader is recognized.

SCHEDULE

Mr. GORTON. Mr. President, this

morning the leader time has been reserved and the Senate will resume consideration of H.R. 956, the product liability bill.

Under the provisions of the agreement reached last night, there will be

at least two rollcall votes beginning at

9:45 this morning on or in relation to

amendments to the substitute amendment. Further rollcall votes are expected following the 9:45 a.m. stacked

votes, and a vote on final passage can

be expected at about 11:30 this morning.

Senators should also be aware that

the Senate will begin consideration of

the solid waste disposal bill at noon.

COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT

fThe PRESIDING OFFICER (Mr.

CAMPBELL). The Senate will resume

consideration of H.R. 956, which the

clerk will report.

The assistant 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:

Gorton amendment No. 596, in the nature

of a substitute.

Coverdell-Dole amendment No. 690 (to

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

Shelby-Heflin modified amendment No. 693

(to amendment No. 690), to provide that a defendant may be liable for certain damages if

the alleged harm to a claimant is death and

certain damages are provided for under State

law.

Harkin amendment No. 749 (to amendment

No. 690), to adjust the limitation on punitive

damages that may be awarded against certain defendants.

Mr. GORTON. Mr. President, as I

have just announced on behalf of the

majority leader, we will have two votes

in about 10 minutes. Seeing nobody

here at the moment to speak, I suggest

the absence of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Mr. SHELBY. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without

objection, it is so ordered.

AMENDMENT NO. 693, AS FURTHER MODIFIED, TO

AMENDMENT NO. 596

Mr. SHELBY. Mr. President, I ask

unanimous consent that I be allowed to

amend the Shelby-Heflin amendment,

which is slated to be voted on in a few

minutes, by inserting at the end of the

amendment: ‘‘This paragraph shall

cease to be effective September 1,

1996.’’

The PRESIDING OFFICER. Without

objection, it is so ordered.

The amendment (No. 693), as further

modified, is as follows:

At the appropriate place insert the following:

SEC. . LIABILITY FOR CERTAIN CLAIMS RELATING TO DEATH.

In any civil action in which the alleged

harm to the claimant is death and, as of the

effective date of this Act, the applicable

State law provides, or has been construed to

provide for damages only punitive in nature,

a defendant may be liable for any such damages without regard to section 107 but only

during such time as the State law so provides. This paragraph shall cease to be effective September 1, 1996.

Mr. GORTON. Mr. President, this is

now a reasonable amendment. There

was a debate on the Shelby-Heflin

amendment yesterday to which I had

certain objections, but it is clear that

the law of Alabama is unique and peculiar.