[Congressional Record Volume 141, Number 71 (Tuesday, May 2, 1995)]
[Daily Digest]
[Page D534]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                                Tuesday, May 2, 1995 [[Page D533]] 

                              Daily Digest

                                 Senate


Chamber Action
Routine Proceedings, pages S5931-S6017
Measures Introduced: Three bills were introduced, as follows: S. 742-
744.
  Page S6006
Product Liability Fairness Act: Senate continued consideration of H.R. 
956, to establish legal standards and procedures for product liability 
litigation, taking action on amendments proposed thereto, as follows:
  Pages S5931-41, S5945-61, S5986-95
Adopted:
  (1) By 53 yeas to 47 nays (Vote No. 144), McConnell Amendment No. 603 
(to Amendment No. 596), to reform the health care liability system and 
improve health care quality through the establishment of quality 
assurance programs.
Pages S5941, S5944
  (2) Thomas Amendment No. 604 (to Amendment No. 603), to provide for 
the consideration of health care liability claims relating to certain 
obstetric services. (By 39 yeas to 61 nays (Vote No. 137), Senate 
earlier failed to table the amendment.)
Page S5939
  (3) By 61 yeas to 39 nays (Vote No. 139), Snowe Amendment No. 608 (to 
Amendment No. 603), to limit the amount of punitive damages that may be 
awarded in a health care liability action.
Page S5940
  (4) DeWine Amendment No. 612 (to Amendment No. 603), to clarify that 
the provisions of this title do not apply to action involving sexual 
abuse.
Page S5940
  (5) Hatch Amendment No. 613 (to Amendment No. 603), to permit the 
Attorney General to award grants for establishing or maintaining 
alternative dispute resolution mechanisms.
Page S5940
  (6) Gorton (for Snowe) Amendment No. 620 (to Amendment No. 596), to 
limit the amount of punitive damages that may be awarded in a product 
liability action.
Pages S5960-61, S5994-95
Rejected:
  (1) Wellstone Amendment No. 605 (to Amendment No. 603), to revise 
provisions regarding reports on medical malpractice data and access to 
certain information. (By 69 yeas to 31 nays (Vote No. 138), Senate 
tabled the amendment.)
Page S5939
  (2) Kyl Amendment No. 609 (to Amendment No. 603), to provide for full 
compensation for noneconomic losses in civil actions. (By 65 yeas to 35 
nays (Vote No. 140), Senate tabled the amendment.)
Page S5940
  (3) Kyl Amendment No. 611 (to Amendment No. 603), to place a 
limitation of $500,000 on noneconomic damages that are awarded to 
compensate a claimant for pain, suffering, emotional distress, and 
other related injuries. (By 56 yeas to 44 nays (Vote No. 141), Senate 
tabled the amendment.)
Page S5940
  (4) Simon/Wellstone Amendment No. 614 (to Amendment No. 603), to 
clarify the preemption of State laws. (By 51 yeas to 49 nays (Vote No. 
142), Senate tabled the amendment.)
Page S5941
  (5) Kennedy Amendment No. 607 (to Amendment No. 603), in the nature 
of a substitute. (By 55 yeas to 45 nays (Vote No. 143), Senate tabled 
the amendment.)
Page S5941
  (6) Kennedy Amendment No. 615 (to Amendment No. 603), to clarify the 
preemption of State laws.
Page S5941
Withdrawn:
  DeWine (for Dodd) Amendment No. 616 (to Amendment No. 603), to 
provide for uniform standards for the awarding of punitive damages.
Page S5940
Pending:
  (1) Gorton Amendment No. 596, in the nature of a substitute.
Page 5945
  (2) Dole Modified Amendment No. 617 (to Amendment No. 596), to 
provide for certain limitations on punitive damages.
Pages S5945-59, S5992-93
  (3) Dorgan Amendment No. 619 (to Amendment No. 617), to establish 
uniform standards for the awarding of punitive damages.
Pages S5959-60
  (4) Shelby/Heflin Amendment No. 621 (to Amendment No. 617), to 
provide that a defendant may be liable for certain damages if the 
alleged harm to a claimant is death and certain damages are provided 
under State law.
Page S5991
  (5) DeWine Amendment No. 622 (to Amendment No. 617), to provide 
protection for individuals, small business, charitable organizations 
and other small entities from excessive punitive damage awards.
Page S5995
[[Page D534]]

  (6) DeWine Amendment No. 623 (to Amendment No. 617), regarding asset 
disclosure.
Page S5995
  A motion was entered to close further debate on Gorton Amendment No. 
596, listed above, and in accordance with the provisions of Rule XXII 
of the Standing Rules of the Senate, a vote on the cloture motion will 
occur on Thursday, May 4, 1995.
Page S5995
  A second motion was entered to close further debate on Gorton 
Amendment No. 596, listed above, and in accordance with the provisions 
of Rule XXII of the Standing Rules of the Senate, a vote on the second 
cloture motion could also occur on Thursday, May 4, 1995.
Page S5995
  A unanimous-consent time agreement was reached providing for further 
consideration of the bill on Wednesday, May 3, 1995, with votes on 
certain of the pending amendments to occur at 11:15 a.m.
Pages S5992-93
Executive Reports of Committees: The Senate received the following 
executive report of a committee:
  Extradition Treaty with Jordan (Treaty Doc. 104-3). (Exec. Rept. 104-
2)
Page S6006
Messages From the President: Senate received the following messages 
from the President of the United States: Transmitting the report on 
rescission proposals; which was 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 Commerce, Science, and Transportation, and to the 
Committee on the Judiciary. (PM-43).
  Page S6005
Nominations Received: Senate received the following nominations:
  William H. LeBlanc III, of Louisiana, to be a Commissioner of the 
Postal Rate Commission for a term expiring November 22, 2000.
  Jacob Joseph Lew, of New York, to be Deputy Director of the Office of 
Management and Budget.
  Richard J. Stern, of Illinois, to be a Member of the National Council 
on the Arts for a term expiring September 3, 2000.
  3 Air Force nominations in the rank of general.
  A routine list in the Air Force.
Pages S6015-17
Messages From the President:
  Page S6005
Messages From the House:
  Page S6005
Communications:
  Page S6005
Executive Reports of Committees:
  Page S6006
Statements on Introduced Bills:
  Pages S6006-10
Additional Cosponsors:
  Pages S6010-11
Amendments Submitted:
  Pages S6011-13
Authority for Committees:
  Page S6013
Additional Statements:
  Page S6013
Record Votes: Eight record votes were taken today. (Total-144)
  Pages S5939, S5940, S5941
Recess: Senate convened at 10 a.m., and recessed at 9:08 p.m., until 9 
a.m., on Wednesday, May 3, 1995. (For Senate's program, see the remarks 
of the Acting Majority Leader in today's Record on page S6015.)