Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION Vol. 144 WASHINGTON, TUESDAY, JULY 7, 1998 No. 88 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, July 14, 1998, at 12:30 p.m. Senate TUESDAY, JULY 7, 1998 The Senate met at 9:30 a.m. and was SCHEDULE as we can. Members have to expect called to order by the President pro Mr. LOTT. Mr. President, this morn- votes late on Monday afternoons and tempore [Mr. THURMOND]. ing the Senate will immediately pro- on Fridays also. We certainly need all ceed to a vote on a motion to invoke Senators’ cooperation to get this work PRAYER cloture on the motion to proceed to the done. We did get time agreements at The Chaplain, Dr. Lloyd John product liability bill. If cloture is in- the end of the session before we went Ogilvie, offered the following prayer: voked, the Senate will debate the mo- out for the Fourth of July recess period Gracious God, our prayer is not to tion to proceed until the policy lunch- on higher education and also on a overcome Your reluctance to help us eons at 12:30 p.m., and following the package of energy bills. So we will know and do Your will, for You have policy luncheons, it is expected the work those in at the earliest possible created us to love, serve, and obey Senate will resume consideration of opportunity this week or next week. I Your guidance. Rather, our prayer is to the HUD–VA appropriations bill. It is yield the floor, Mr. President. lay hold of Your willingness to accom- hoped that Members will come to the f plish Your plans through us. You have floor this afternoon to offer and debate amendments to the HUD–VA bill. I un- told us to call on You, to trust You RESERVATION OF LEADER TIME completely, to put You first in our pri- derstand there are some amendments orities, and to express our devotion to and some very legitimate amendments. The PRESIDING OFFICER (Mr. You in our patriotism. Sometimes, I hope we will get started on those FRIST). Under the previous order, lead- pride blocks our response, and we who early in the afternoon so that we can ership time is reserved. have a reasonable debate, but under a want to keep control find it difficult to f turn the control of our lives over to time agreement, and get to a conclu- You. When we are self-sufficient, we do sion as soon as we can this week on the CLOTURE MOTION not pray; when we are self-satisfied, we VA–HUD bill. The Senate also this week will con- The PRESIDING OFFICER. Under will not pray; when we are self-right- sider the IRS reform conference report. the previous order, pursuant to rule eous, we cannot pray. And yet, Father, We are not sure exactly when that will XXII, the Chair lays before the Senate when we are honest with ourselves, we begin. We thought about possibly to- the pending cloture motion, which the know that, by ourselves, we are insuffi- night. It will depend on what happens clerk will report. cient. We admit our profound need for on product liability and the HUD–VA The assistant legislative clerk read Your presence, Your wisdom, and Your bill, but we are definitely taking up the as follows: solutions to our problems. May this be IRS reform and restructuring con- CLOTURE MOTION a great day, lived to the fullest, trust- ference report before the end of the ing You each step of the way. Through We, the undersigned Senators, in accord- week to get a vote. I think this will be ance with the provision of Rule XXII of the our Lord and Savior. Amen. a tremendous reward for the American Standing Rules of the Senate, do hereby f people for their patience, and also to move to bring to a close debate on the mo- help address the serious problems we tion to proceed to Calendar No. 90, S. 648, the RECOGNITION OF THE MAJORITY have had with the IRS in recent years. products liability bill: LEADER I also remind Members that July is Trent Lott, Don Nickles, Slade Gorton, The PRESIDENT pro tempore. The Phil Gramm, John McCain, Spencer expected to be a very busy month with Abraham, Daniel Coats, Richard G. able majority leader, Senator LOTT of late-night sessions and votes, and votes Lugar, Lauch Faircloth, John H. Mississippi, is recognized. on most Fridays and Mondays. If any- Chafee, Sam Brownback, Ted Stevens, Mr. LOTT. Thank you, Mr. President. thing develops to the contrary, of Jon Kyl, Jeff Sessions, Michael B. Enzi, Welcome back. course, we will notify Members as soon and Judd Gregg. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S7525 . VerDate Mar 15 2010 00:35 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\1998SENATE\S07JY8.REC S07JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7526 CONGRESSIONAL RECORD — SENATE July 7, 1998 CALL OF THE ROLL The PRESIDING OFFICER. Is there almost disappeared in the United The PRESIDING OFFICER. By unan- objection? Without objection, it is so States of America. So we are not imous consent, the mandatory quorum ordered. speaking about a theory when we talk call has been waived. (The remarks of Mr. THURMOND per- about the inhibitions placed on various VOTE taining to the introduction of S. 2266 forms of business enterprise, industrial The PRESIDING OFFICER. The are located in today’s RECORD under and otherwise, by the present state of question is, Is it the sense of the Sen- ‘‘Statements on Introduced Bills and the law varying from State to State ate that debate on the motion to pro- Joint Resolutions.’’) through 50 States and several other ju- ceed to S. 648, the product liability bill, Mr. THURMOND. I yield the floor, risdictions. shall be brought to a close? The yeas Mr. President. While I would prefer broader product and nays are required under the rule. Mr. GORTON addressed the Chair. liability legislation, and while I believe The clerk will call the roll. The PRESIDING OFFICER. The dis- the Senator from West Virginia might The assistant legislative clerk called tinguished Senator from Washington is prefer it to be somewhat broader than the roll. recognized. it is at this point, this legislation nev- Mr. NICKLES. I announce that the Mr. GORTON. Mr. President, is the ertheless is good for the economy of Senator from Texas (Mrs. HUTCHISON) business before the Senate the motion the United States, and it is good for is necessary absent. to proceed to S. 648? those who are injured by the actual or I also announce that the Senator The PRESIDING OFFICER. The Sen- real negligence of manufacturers or from Pennsylvania (Mr. SPECTER) is ab- ator is correct. sellers. It does, however, say that in sent because of illness. Mr. GORTON. Mr. President, S. 648 is the case of the seller, the seller is only Mr. FORD. I announce that the Sen- a bill relating to product liability re- going to be liable when the seller itself ator from Hawaii (Mr. INOUYE), the ported about 1 year ago by the Senate is negligent. It does put some rational Senator from Maryland (Ms. MIKUL- Commerce Committee. That bill is basis on the award of punitive damages SKI), and the Senator from Maryland identical or nearly identical to the with an actual cap on punitive dam- (Mr. SARBANES) are necessarily absent. product liability legislation that ages for modest and for small busi- The yeas and nays resulted—yeas 71, passed both Houses of Congress in the nesses. In that regard, it sets a uniform nays 24, as follows: last Congress and was vetoed by Presi- national standard for punitive damages [Rollcall Vote No. 184 Leg.] dent Clinton. in those States that allow punitive YEAS—71 As and when the motion to proceed is damages—my own, for example, does Abraham Faircloth Lugar agreed to, Senator ROCKEFELLER and I not—raising the bar to require clear, Allard Frist Mack will propose an amendment in the na- cogent, and convincing evidence for the Ashcroft Glenn McCain ture of a substitute on the same sub- award of punitive damages, a higher Bennett Gorton McConnell ject, product liability, somewhat more Bingaman Gramm Moynihan standard than exists in most States at Bond Grams Murkowski modest in scope than the bill that was the present time, with a cap on puni- Brownback Grassley Nickles vetoed by the President. It is the result tive damages for small businesses. Bryan Gregg Reed of more than 1 year of careful and de- The National Federation of Inde- Bumpers Hagel Reid Burns Hatch tailed negotiation involving myself, pendent Business has just come out Robb Byrd Helms Roberts other members of this party, Senator with a study as to who is impacted by Campbell Hutchinson Rockefeller ROCKEFELLER and various of his allies, that, and while the definition of a Chafee Inhofe Coats Jeffords Santorum and the Office of the President of the small business in this bill is 25 employ- Cochran Johnson Sessions United States. ees or $5 million a year in sales, their Collins Kempthorne Smith (NH) The willingness of the President of Smith (OR) table shows that 73 percent of all the Coverdell Kerrey the United States to sign a product li- Craig Kohl Snowe manufacturers in the United States Daschle Kyl Stevens ability bill in the form of this sub- have fewer than 20 employees, 88 per- DeWine Landrieu Thomas stitute is due to the untiring and dili- cent of all the retailers in the United Dodd Lautenberg Thompson gent efforts of the junior Senator from States have fewer than 20 employees, Domenici Leahy Thurmond Dorgan Lieberman Warner West Virginia, who has literally been and 85 percent of the wholesalers in the Enzi Lott Wyden tireless in pursuing a solution to a United States fall within the same cat- NAYS—24 question that involved his time and my egory.