[Congressional Record Volume 141, Number 73 (Thursday, May 4, 1995)]
[Senate]
[Pages S6182-S6183]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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THE COMMONSENSE LEGAL STANDARDS REFORM ACT OF 1995 COMMONSENSE PRODUCT 
                      LIABILITY REFORM ACT OF 1995

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                     ROCKEFELLER AMENDMENT NO. 686

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted an amendment intended to be proposed by him 
to amendment No. 645 proposed by him to amendment No. 596 proposed by 
Mr. Gorton to the bill (H.R. 956) to establish legal standards and 
procedures for product litigation, and for other purposes; as follows:

       Strike all after ``Notwithstanding'' and insert the 
     following: ``section 197(b)(1), the amount of punitive 
     damages that may be awarded to a claimant in a product 
     liability action that is subject to this title shall be the 
     greater of--
       ``(1) the amount determined under section 107(b)(1); or
       ``(2) $250,000.''.
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                     ROCKEFELLER AMENDMENT NO. 687

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted an amendment intended to be proposed by him 
to amendment No. 646 proposed by him to amendment No. 596 proposed by 
Mr. Gorton to the bill H.R. 956, supra; as follows:

       Strike all after ``Notwithstanding'' and insert the 
     following: ``section 107(b), the amount of punitive damages 
     that may be awarded to a claimant in a product liability 
     action that is subject to this title shall not exceed 
     $500,000.''.
                                 ______


                     ROCKEFELLER AMENDMENT NO. 688

  (Ordered to lie on the table.)
  Mr. ROCKEFELLER submitted an amendment intended to be proposed by him 
to amendment No. 647 proposed by him to amendment No. 596 proposed by 
Mr. Gorton to the bill H.R. 956, supra; as follows:

       Strike all after ``Notwithstanding'' and insert the 
     following: ``section 107(b)(1), the amount of punitive 
     damages that may be awarded to a claimant in a product 
     liability action that is subject to this title shall not 
     exceed 3 times the sum of the amounts described in 
     subparagraphs (A) and (B) of such section.''.

[[Page S6183]]

                         BYRD AMENDMENT NO. 689

  (Ordered to lie on the table.)
  Mr. BYRD submitted an amendment intended to be proposed by him to 
amendment No. 596 proposed by Mr. Gorton to the bill H.R. 956, supra, 
as follows:

       At the appropriate place, insert
       Since, the United States and Japan have a long and 
     important relationship which serves as an anchor of peace and 
     stability in the Pacific region;
       Since, the overall balance in the U.S.-Japan relationship 
     has been eroded as a result of persistent and large trade 
     deficits which are the result of practices and regulations 
     which have substantially blocked legitimate access of 
     American products to the Japanese market;
       Since, the current account trade deficit with Japan in 1994 
     reached an historic high level of $66 billion, of which $37 
     billion, or 56 percent, is attributed to imbalances in the 
     automobile sector, and of which $12.8 billion is attributable 
     to auto parts flows;
       Since, in July, 1993, the Administration reached a broad 
     accord with the Government of Japan, called the ``United 
     States-Japan Framework for a New Economic Partnership'', 
     which established automotive trade regulations as one of 5 
     priority areas for negotiations, to seek market-opening 
     arrangements based on objective criteria and which would 
     result in objective progress;
       Since, a healthy American automobile industry is of central 
     importance to the American economy, and to the capability of 
     the United States to fulfill its commitments to remain as an 
     engaged, deployed, Pacific power;
       Since, after 18 months of negotiations with the Japanese, 
     beginning in September 1993, the U.S. Trade Representative 
     concluded that no progress had been achieved, leaving the 
     auto parts market in Japan ``virtually closed'';
       Since, in October, 1994, the United States initiated an 
     investigation under Section 301 of the Trade Act of 1974 into 
     the Japanese auto parts market, which could result in the 
     imposition of trade sanctions on a variety of Japanese 
     imports into the United States unless measurable progress is 
     made in penetrating the Japanese auto parts market;
       Since, negotiations are continuing between the United 
     States and Japan to achieve lasting market-opening 
     arrangements into the Japanese automobile and parts sector;
       Now, therefore, be it
       Declared, That it is the Sense of the Senate that--
       (1) the Senate supports the efforts of the President to 
     continue to strongly press the Government of Japan, through 
     bilateral negotiations under the agreed ``Framework for a New 
     Economic Partnership,'' for sharp reductions in the trade 
     imbalances in automotive sales and parts through the 
     elimination of unfair and restrictive Japanese market-closing 
     practices and regulations; and
       (2) If such results-oriented negotiations are not concluded 
     satisfactorily, appropriate and reasonable measures, up to 
     and including trade sanctions, should be imposed in 
     accordance with Section 301 of the Trade Act of 1974; and
       (3) The Senate is prepared to fully support any such 
     measures that might be taken against Japanese products, 
     including appropriate legislation.
     

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