[Congressional Record Volume 144, Number 90 (Thursday, July 9, 1998)]
[Senate]
[Page S7713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      PRODUCT LIABILITY REFORM ACT

  Mr. GORTON. Mr. President, we are about to vote on cloture on a 
product liability bill, a product liability bill worked out with great 
care over the course of the last year and a half by the distinguished 
Senator from West Virginia, Mr. Rockefeller, and myself, and the White 
House, to meet all of the objections contained in the President's veto 
message on the bill passed on the same subject about 2 years ago. 
Nevertheless, the demand to party loyalty on the part of the minority 
leader will almost certainly defeat this vote for cloture. That is 
highly regrettable as the arguments against it are entirely devoid of 
merit.
  Just a few minutes ago you heard the junior Senator from New Jersey 
protest about the fact that cloture would prohibit the bringing of 
lawsuits based on gun violence. That is entirely specious for two 
reasons. The first is the amendment on that subject that is at the desk 
will be germane after cloture and can be debated and voted on. 
Secondly, and more importantly, the lawsuits by various States against 
gun manufacturers based on the tobacco litigation are not product 
liability lawsuits. Tobacco litigation was not a product liability 
lawsuit at all, and neither are these lawsuits. They simply are not 
affected by this legislation.
  The real protest was outlined a couple of nights ago by the minority 
leader who said, ``I hope that we have a good debate about how good or 
bad this legislation is. I hope we have an opportunity to propose 
amendments to this litigation.''
  Yesterday, about an hour before the time ran out for the filing of 
amendments, the majority leader came to the floor when only two or so 
amendments had been filed to ask unanimous consent for further time to 
put in amendments. The minority leader's representative objected to 
adding to that time. Nevertheless, there are 38 amendments on the desk 
on this bill, 28 of them by Democrats, 10 by Republicans. Many of those 
amendments, including several by the Senator from South Carolina, are 
germane and can be debated on and voted on after cloture.
  Yesterday afternoon the majority leader offered to extend the time 
for this vote so that there could be debates on amendments before 
cloture took place. The minority leader turned down that informal 
request. In other words, there is no desire on the part of the 
opponents of this bill to debate amendments to the bill, amendments 
further restricting it or amendments on any other element of the 
subject. None whatsoever. It is a simple smokescreen to persuade 
Members who would otherwise be willing to vote for cloture and vote for 
the bill not to do so.
  Night before last, other Members on that side of the aisle complained 
bitterly about their inability to debate totally irrelevant matters to 
product liability. They mentioned campaign finance laws. We had 2 weeks 
of debate on that subject. They mentioned tobacco legislation. We 
debated that subject for 4 weeks. They mentioned education reform. We 
debated that subject for 2 weeks and passed a bill which has now gone 
to the President of the United States. And they spoke of health care 
reform on which they have already rejected offers for debate but will 
probably accept some next week.
  No, the claim that there has not been an opportunity to debate this 
legislation is based on one fact and one fact only--the desire to 
persuade Members who would otherwise vote for this bill to vote against 
the cloture motion and therefore to kill the bill. They will probably 
succeed in doing so, and it is a paradox that a bill that is much more 
narrow than the one passed by a significant majority of Members of this 
body 2 years ago and vetoed by the President, which now meets all of 
the requirements of the President, will be opposed by some Members 
among those who voted for the bill 2 years ago. It is, I regret to say, 
pure politics and has very little to do with the merits of the bill 
itself.
  Mr. ROCKEFELLER addressed the Chair.
  The PRESIDING OFFICER (Mr. Hutchinson). The Senator from West 
Virginia.
  Mr. ROCKEFELLER. Mr. President, the Senator notes it is after 10 
o'clock. I ask unanimous consent to speak for 3 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROCKEFELLER. I thank the Chair.
  I had very much hoped that the argument of politics would not be used 
in discussing this. I agree with much of what my distinguished 
colleague over these many years has said. But I think, frankly, that on 
the question of product liability tort reform there has been enough, 
sort of acting and sort of wanderlust faith on both sides of the aisle 
that we don't need to point fingers at each other.
  My view towards this is that I would like to see, as the Senator from 
Washington indicated, a very modest bill which would be signed by the 
President to go forward. And I, after 11 years of working on this, am 
not willing to give up. I am not willing to say that I am going to put 
product liability to death. I am not going to be a part of that.
  I will, therefore, vote no on this cloture vote because I still think 
that, arguments about politics to the contrary, neither side having 
totally clean hands on all of this, the controlling factor ought to be 
the substance of the bill, which I think is good, and that the 
controlling factor on a vote ought to be how one feels about whether or 
not one can continue to debate product liability and hope that the 
leadership will come together in some kind of an arrangement, as, 
indeed, in this sort of Kabuki dance there has been.
  The majority leader last night vitiated cloture for today. The 
minority leader objected. The majority leader yesterday said there 
would be a period for filing of votes. A Democrat objected. On the 
other hand, there have been many problems on the other side.
  So what I am trying to do is to promote product liability in a very 
modest form which will be signed by the President. And, therefore, I 
hope my colleagues will vote no on the pending cloture motion so we 
might have a chance to continue this discussion and hopefully work out 
something on this modest but helpful bill.
  I thank the Presiding Officer.

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