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[Congressional Record Volume 141, Number 77 (Wednesday, May 10, 1995)]
[Senate]
[Pages S6418-S6419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       THE PRODUCT LIABILITY BILL

  Mr. DASCHLE. Mr. President, I want to commend so many Senators on 
both sides of the aisle for their efforts over the last couple of weeks 
on product liability. This has been a vigorous debate, and a debate 
that obviously has required a good deal of compromise and concession on 
both sides.
  I believe there was another opportunity that we could have had to 
reach greater consensus on the bill, and I am sorry we missed that 
opportunity in the final days of this debate.
  But I do believe that as a result of the decisions made by this body 
over 
 [[Page S6419]] the last couple of weeks, the message ought to be very 
clear. The message is this: Members of the Senate are not willing to 
accept the extreme measures that have been proposed by the House. If 
those more extreme measures are added to the bill in conference, it is 
very unlikely that anything will ultimately pass.
  It is critical, as we look to the conference report, that we keep 
this bill modest, that we not load it up with expansionist amendments, 
that we seek to ensure that what has been passed is all that comes back 
to the Senate.
  I will say unequivocally that I believe this legislation will again 
be in trouble if it comes back vastly different from what it is right 
now. Many of us felt very strongly we could have improved upon this 
bill, especially with regard to punitive limits and with regard to the 
limitations on joint and several liability. For many of us who opposed 
the bill, there were provisions that we supported and would have liked 
to have been able to vote for, but, unfortunately, we could not resolve 
the issues that, in our view, were still too onerous to support.
  But let me say, in spite of the fact that there was a very strong 
vote, that vote is directly dependent upon the degree to which the more 
extreme measures that were initially added are kept off the bill. We do 
not want to see them when this comes back. We will continue to fight 
this in a consequential way if they do come back, and I hope that that 
message was loud and clear.
  I was very pleased with the comments made by both Senators 
Rockefeller and Gorton yesterday as they commented about what they 
expect to see in conference. Senator Gorton said that he does not think 
there is one semicolon that is negotiable, and I think that is an 
accurate reflection of where the Senate stands.
  So, indeed, we passed a piece of legislation today that may reflect 
the views of three-fifths of the Senate, but I think that it is a very 
tenuous victory, depending upon what may or may not occur in the 
conference report. So we look to that at some point in the future. But 
I must say that while those on both sides of the aisle who supported 
the legislation can claim victory, I think it is also important that 
they appreciate how tenuous that victory is and how important it is 
that we come back to the floor with something meaningful, something 
narrow and focused, and something that directly addresses the concerns 
raised on this floor for the last 2 weeks.
  With that, I yield the floor.
  Mr. CHAFEE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Rhode Island.

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