[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      UNANIMOUS-CONSENT AGREEMENT

  Mr. HOLLINGS. Mr. President, I ask unanimous-consent amendment No. 
1477 be withdrawn; that the Senate now proceed to the consideration of 
Calendar No. 329, S. 1458; that Senator Kassebaum be permitted to 
modify that bill with the text of the language attached to this 
unanimous-consent request; that the bill then be referred to the 
Judiciary Committee for not to exceed 1 calendar day, that if at the 
end of that time the Judiciary Committee has not reported the bill, the 
bill be discharged and placed on the calendar; that the Senate proceed 
to the consideration of S. 1458 when S. 4, or its companion, H.R. 820, 
is no longer before the Senate, provided the bill has been reported by 
the Judiciary Committee or been discharged by that time; that there be 
a time limitation on the bill as follows:
  One hour for debate on the bill as modified, with no amendments or 
motions to recommit in order with the time to be equally divided 
between Senators Kassebaum and Metzenbaum or their designees.
  Before I put that request, I yield to the distinguished Senator from 
Kansas.
  The PRESIDING OFFICER. Is there objection to the unanimous-consent 
request propounded by the distinguished Senator from South Carolina?
  Mrs. KASSEBAUM addressed the floor.
  The PRESIDING OFFICER. Reserving the right to object, the Senator 
from Kansas is recognized.
  Mrs. KASSEBAUM. Mr. President, there is no objection. Before I send 
the modification to the desk, I just would like to express appreciation 
to the cosponsors who have over the years been strong supporters of 
general aviation product liability, particularly to the Commerce 
Committee, where, if there has not been strong support, there has been 
forbearance on the part of some. I am very appreciative of that.
  I also would like to thank the Senator from Ohio [Mr. Metzenbaum] who 
helped work out an agreement which has enabled us to reach this point.
  I just ask now the modification be sent to the desk for 
consideration.
  The PRESIDING OFFICER. Is there objection to the unanimous-consent 
request propounded by the Senator from South Carolina?
  Mr. HOLLINGS. The modification, Mr. President, is part and parcel of 
the unanimous-consent request.
  The PRESIDING OFFICER. The Chair observes the unanimous-consent 
request had not yet been agreed to.
  Mr. HOLLINGS. That is right.
  The PRESIDING OFFICER. Is there objection? Without objection the 
unanimous-consent request is agreed to.
  The amendment (No. 1477) was withdrawn.
   The PRESIDING OFFICER. Under the order just agreed to, the 
modification will be sent to the desk.
  The modification to S. 1458 is as follows:

       1. Strike ``15'' on page 2, line 20 and on page 3, line 8, 
     and insert ``18.''
       2. Insert ``Except as provided in sub- section (b) of this 
     section,'' after ``(a) In General.--'' on page 2 
     line 13.
       3. Insert new subsection (b) on page 3, line 10:
       ``(b) Exceptions.--Subsection (a) of this section does not 
     apply--
       ``(1) If the claimant pleads with specificity the facts 
     necessary to prove, and proves by clear and convincing 
     evidence--that the manufacturer with respect to pre-market 
     certification or obligations with respect to continuing 
     airworthiness of an aircraft or aircraft component knowingly 
     misrepresented to the FAA, or concealed or withheld from the 
     FAA, required information that is material and relevant to 
     the performance or the maintenance or operation of such 
     aircraft or component that is causally related to the harm 
     which the claimant allegedly suffered.
       ``(2) If the claimant is a passenger for purposes of 
     receiving treatment for a medical or other emergency; or
       ``(3) If the claimant was not aboard the aircraft at the 
     time of the accident.
       4. Change ``(b)'' to ``(c)'' on page 3, line 10; ``(c)'' to 
     ``(d)'' on page 3, line 19; and make relevant changes to the 
     section entitled ``Conforming Amendment'' on page 4, line 1.

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