May 5, 1995 CONGRESSIONAL RECORD — SENATE S6201

powerful trial lawyers lobby will continue to protect their privileges

through irresponsible scare tactics.

Because, let Members be clear, the

last week has demonstrated not only

that the American people—over 83 percent—want reform; a majority of the

Senate wants reform too.

Only President Clinton and his trial

lawyer allies defend the status quo.

What they will not do, however, is

engage in a debate on the merits. I was

disappointed to see President Clinton

parrot the standard trial lawyer line

that legal reform protected ‘‘drunk

drivers, murderers, rapists, and abusers

of women and children.’’

Mr. President, I have been here

awhile, but I must say that I rarely

have seen such an offensive twisting of

the truth. President Clinton knows

better and he should be ashamed of engaging in such tactics.

The truth is that we have State and

Federal criminal codes to deal with

these people. The real irony that is apparently lost on President Clinton is

that those same criminal codes generally contain—in addition to prison

terms—fines and penalties that are

typically $5,000 or $10,000 for serious

felonies.

Those criminal fines are only a very

small fraction of the multimillion-dollar punitive damage award. So why is

President Clinton not attacking the

criminal code for protecting criminals?

Why have his crime proposals not ever

addressed this issue?

Because this is about politics, not

policy. Our legal reforms focus on the

civil code, not the criminal code. President Clinton knows that.

But President Clinton also knows

who raised millions of dollars for him

in 1992—the trial lawyers. And he

knows who raised $25 million for Democrat House and Senate candidates between 1989 and 1994—the trial lawyers.

Think about it. There is a lot talk of

special interests in this town, but no

single-issue group comes anywhere

close to bringing this much money to

bear on Federal campaigns. And no

other group is so generous and so exclusively for the party of President

Clinton.

So, despite the evidence that there is

bipartisan support for these reports—

and expanding them so that every

American can benefit—when the chips

were down, the trial lawyers and President Clinton started trying to scare

the American people.

And yesterday, that tactic worked.

Only two Democrats voted for reform.

But this tactic will fail in the end. I am

proud that we are trying to pass legal

reform that benefits as many Americans as possible. I will continue to

work for reforms that help small businesses, and volunteer and charitable

organizations.

I believe the American people see

past the irresponsible rhetoric. They

know we are continuing to fight for

their interests.

But the reality, Mr. President, is

that we cannot bring this debate to a

close without bipartisan support.

Forty-five Republicans did their part.

Reform will not happen unless the

Democrats put the interests of the

American people ahead of the interests

of the trial lawyers and their huge financial stake in the Democrat Party.

I plan to bring this bill to a vote

again on Monday or Tuesday. The

American people need and deserve

these reforms, and I for one do not intend to allow scare tactics to deter us

from our responsibility to pass a legal

reform package.

We hope to bring this bill to a vote.

We think the American people want

Members to vote. We believe there is

still a possibility because there is some

bipartisan support. We will have to

have 60 votes. That is what happens in

this place. We need 60 votes to shut off

debate, so we can pass even a narrowed

product liability bill.

We believe it is a big step in the right

direction and I hope we will have the

bipartisan support that Senator ROCKEFELLER from West Virginia and Senator GORTON from Washington have

been working for, for the past 2 weeks.

Mr. President, I suggest the absence

of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The legislative clerk proceeded to

call the roll.

Mr. DASCHLE. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. DASCHLE. Mr. President, I ask

MORNING BUSINESS

funanimous consent that there now be a

period for morning business.

The PRESIDING OFFICER. Without

objection, it is so ordered.

MESSAGES FROM THE PRESIDENT

Messages from the President of the

fUnited States were communicated to

the Senate by Mr. Thomas, one of his

secretaries.

EXECUTIVE MESSAGES REFERRED

As in executive session the Presiding

fOfficer laid before the Senate messages

from the President of the United

States submitting sundry nominations

which were referred to the Committee

on Governmental Affairs.

(The nominations received today are

printed at the end of the Senate proceedings.)

MEASURES READ THE FIRST TIME

The following bill was read the first

ftime:

S. 761. A bill to improve the ability of the

United States to respond to the international terrorist threat.

EXECUTIVE AND OTHER

COMMUNICATIONS

The following communications were

laid before the Senate, together with

accompanying papers, reports, and documents, which were referred as indicated:

EC–864. A communication from the Secretary of Housing and Urban Development’s

Designee to the Federal Housing Finance

Board, transmitting, pursuant to law, a report under the Inspector General Act; to the

Committee on Banking, Housing, and Urban

Affairs.

EC–865. A communication from the Assistant Secretary of State (Legislative Affairs),

transmitting, pursuant to law, the report of

a Presidential Determination relative to the

People’s Republic of China; to the Committee on Banking, Housing and Urban Affairs.

EC–866. A communication from the President and Chairman of the Export-Import

Bank, transmitting, pursuant to law, a report relative to transaction involving exports to Chile; to the Committee on Banking, Housing, and Urban Affairs.

EC–867. A communication from Chairman

of the Board of Governors of the Federal Reserve System, transmitting, pursuant to law,

the report of the study on the impact of the

payment of interest on reserves; to the Committee on Banking, Housing, and Urban Affairs.

EC–868. A communication from the Secretary of Transportation, transmitting, pursuant to law, the interim report on the Commercial Vehicle Information System feasibility study; to the Committee on Commerce, Science, and Transportation.

EC–869. A communication from the Secretary of Energy, transmitting, pursuant to

law, the report for the Strategic Petroleum

Reserve for the period October 1 through December 31, 1994; to the Committee on Energy

and Natural Resources.

EC–870. A communication from the Director of the Federal Emergency Management

Agency, transmitting, pursuant to law, notice relative to the Stafford Act; to the Committee on Environment and Public Works.

EC–871. A communication from the Chairman of the U.S. International Trade Commission, transmitting, a draft of proposed

legislation to provide authorization of appropriations for the U.S. International Trade

Commission for fiscal year 1997; to the Committee on Finance.

EC–872. A communication from the Secretary of Transportation, transmitting, a

draft of proposed legislation entitled ‘‘The

U.S. Air Traffic Service Corporation Act’’; to

the Committee on Finance.

EC–873. A communication from the Comptroller General of the United States, transmitting, pursuant to law, the report of a revised deferral and two revised rescission proposals; referred jointly, pursuant to the

order of January 30, 1975, as modified by the

order of April 11, 1986, to the Committee on

Appropriations, to the Committee on the

Budget, to the Committee on Finance, to the

Committee on Labor and Human Resources,

and to the Committee on Environment and

Public Works.

EC–874. A communication from the Secretary of Transportation, transmitting, pursuant to law, the report of the activities relating to the Deepwater Port Act for fiscal

year 1994; referred jointly, pursuant to 33

U.S.C. 1519, to the Committee on Commerce,

Science, and Transportation, to the Committee on Energy and Natural Resources, and to

the Committee on Environment and Public

Works.

EC–875. A communication from the Director of the Office of Management and Budget,