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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION Vol. 142 WASHINGTON, MONDAY, MAY 6, 1996 No. 61 House of Representatives The House met at 2 p.m. Chattahoochee Compact between the States bers of the Senate delegation to the The Chaplain, Rev. James David of Alabama and Georgia; and Canada-United States Interparliamen- Ford, D.D., offered the following pray- H.R. 2243. An act to amend the Trinity tary Group during the 2d Session of the River Basin Fish and Wildlife Management er: Act of 1984, to extend for three years the 104th Congress, to be held in southeast We pray, gracious God, that You availability of moneys for the restoration of Alaska, May 10±14, 1996. would watch over us and keep us in fish and wildlife in the Trinity River, and for The message also announced that Your favor, that You would support us other purposes. pursuant to sections 276h±276k of title in our obligations and direct us in the The message also announced that the 22, United States Code, as amended, the right path, that You would sustain us Senate had passed with amendments in Chair, on behalf of the Vice President, in our endeavors and point us to the which the concurrence of the House is appoints Mr. MURKOWSKI, Mr. BROWN, way of truth. O loving God, from whom requested, bills of the House of the fol- and Mr. COVERDELL, as members of the we have come and to whom we shall re- lowing titles: Senate delegation to the Mexico-Unit- turn, may Your peace that passes all H.R. 1743. An act to amend the Water Re- ed States Interparliamentary Group human understanding abound in our sources Research Act of 1984 to extend the during the 2d Session of the 104th Con- lives. Though we may depart from You, authorizations of appropriations through fis- gress, to be held in Zacatecas, Mexico, O God, may Your grace and mercy cal year 2000, and for other purposes; and May 3±5, 1996. H.R. 1836. An act to authorize the Sec- never depart from us. This is our ear- f nest prayer. Amen. retary of the Interior to acquire property in the town of East Hampton, Suffolk County, f New York, for inclusion in the Amagansett COMMUNICATION FROM THE THE JOURNAL National Wildlife Refuge. CLERK OF THE HOUSE The message also announced that the The SPEAKER laid before the House The SPEAKER. The Chair has exam- Senate had passed bills of the following ined the Journal of the last day's pro- the following communication from the titles, in which the concurrence of the Clerk of the House of Representatives: ceedings and announces to the House House is requested: his approval thereof. OFFICE OF THE CLERK, S. 811. An act to authorize research into HOUSE OF REPRESENTATIVES, Pursuant to clause 1, rule I, the Jour- the desalinization and reclamation of water nal stands approved. Washington, DC, May 2, 1996. and authorize a program for States, cities, or Hon. NEWT GINGRICH, f qualifying agencies desiring to own and oper- Speaker, House of Representatives. ate a water desalinization or reclamation fa- PLEDGE OF ALLEGIANCE DEAR MR. SPEAKER: Pursuant to the per- cility to develop such facilities, and for mission granted in Clause 5 of Rule III of the The SPEAKER. Will the gentleman other purposes; and Rules of the U.S. House of Representatives, I from North Carolina [Mr. BALLENGER] S. 1720. An act to establish the Nicodemus have the honor to transmit a sealed envelope come forward and lead the House in the National Historic Site and the New Bedford received from the White House on Thursday, National Historic Landmark. Pledge of Allegiance. May 2nd at 4:15 p.m. and said to contain a Mr. BALLENGER led the Pledge of The message also announced that the message from the President wherein he re- Allegiance as follows: Senate agrees to the report of the com- turns without his approval H.R. 956, the mittee on conference on the disagree- ``Common Sense Product Liability Legal Re- I pledge allegiance to the Flag of the form Act of 1996.'' United States of America, and to the Repub- ing votes of the two Houses on the amendments of the House to the bill With warm regards, lic for which it stands, one Nation under ROBIN H. CARLE, God, indivisible, with liberty and justice for (S. 641) ``An Act to reauthorize the Clerk, House of Representatives. all. Ryan White CARE Act of 1990, and for f other purposes.'' f The message also announced that MESSAGE FROM THE SENATE pursuant to sections 276d±276g of title COMMON SENSE PRODUCT LIABIL- A message from the Senate by Mr. 22, United States Code, as amended, the ITY REFORM ACT OF 1996ÐVETO Lundregan, one of its clerks, an- Chair, on behalf of the Vice President, MESSAGE FROM THE PRESIDENT nounced that the Senate had passed appoints Mr. CHAFEE, Mr. HATCH, Mr. OF THE UNITED STATES (H. DOC. without amendment bills of the House PRYOR, Mr. PRESSLER, Mr. GRASSLEY, 104±207) of the following titles: Mr. GORTON, Mr. JEFFORDS, Mr. MACK, The SPEAKER laid before the House H.R. 2064. An act to grant the consent of Mr. BURNS, Mr. BENNETT, Mr. INHOFE, the following veto message from the Congress to an amendment of the Historic Mr. DEWINE, and Mr. GRAMS, as mem- President of the United States: b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H4425 H4426 CONGRESSIONAL RECORD Ð HOUSE May 6, 1996 To the House of Representatives: defective products go bankrupt, this sounding technical, may cut off a vic- I am returning herewith without my provision has potentially large con- tim's ability to sue a negligent manu- approval H.R. 956, the ``Common Sense sequences. facturer. The Report deletes a provi- Product Liability Legal Reform Act of This provision is all the more trou- sion that would have stopped the stat- 1996.'' bling because it unfairly discriminates ute of limitations from running when a I support real commonsense product against the most vulnerable members bankruptcy court issues the automatic liability reform. To deserve that label, of our societyÐthe elderly, the poor, stay that prevents suits from being however, legislation must adequately children, and nonworking womenÐ filed during bankruptcy proceedings. protect the interests of consumers, in whose injuries often involve mostly The effect of this seemingly legalistic addition to the interests of manufac- noneconomic losses. There is no reason change will be that some persons turers and sellers. Further, the legisla- for this kind of discrimination. Non- harmed by companies that have en- tion must respect the important role of economic damages are as real and as the States in our Federal system. The tered bankruptcy proceedings (as mak- important to victims as economic dam- ers of defective products often do) will Congress could have passed such legis- ages. We should not create a tort sys- lation, appropriately limited in scope lose any meaningful opportunity to tem in which people with the greatest bring valid claims. and balanced in application, meeting need of protection stand the least these test. Had the Congress done so, I chance of receiving it. Similarly, the Conference Report re- would have signed the bill gladly. The Second, as I also have stated, I op- duces the statute of repose to 15 years Congress, however, chose not to do so, pose arbitrary ceilings on punitive (and less if States to provide) and ap- deciding instead to retain provisions in damages, because they endanger the plies the statute to a wider range of the bill that I made clear I could not safety of the public. Capping punitive goods, including handguns. This accept. damages undermines their very pur- change, which bars a suit against a This bill inappropriately intrudes on pose, which is to punish and thereby maker of an older product even if that State authority, and does so in a way deter egregious misconduct. The provi- product has just caused injury, also that tilts the legal playing field sion of the bill allowing judges to ex- will preclude some valid suits. against consumers. While some Federal ceed the cap if certain factors are In recent weeks, I have heard from action in this area is proper because no present helps to mitigate, but does not many victims of defective products one State can alleviate nationwide cure this problem, given the clear in- whose efforts to recover compensation problems in the tort system, the States tent of the Congress, as expressed in should have, as they always have had, would have been frustrated by this bill. the Statement of Managers, that I have heard from a woman who would primary responsibility for tort law. judges should use this authority only The States traditionally have handled not have received full compensatory in the most unusual cases. damages under this bill for the death of this job well, serving as laboratories In addition, I am concerned that the for new ideas and making needed re- Conference Report fails to fix an over- a child because one wrongdoer could forms. This bill unduly interferes with sight in title II of the bill, which limits not pay his portion of the judgment. I that process in products cases; more- actions against suppliers of materials have heard from women whose suits over, it does so in a way that pecu- used in devices implanted in the body.
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