[Congressional Record Volume 146, Number 109 (Friday, September 15, 2000)]
[Senate]
[Pages S8625-S8626]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FIRESTONE TIRES AND FORD VEHICLES

  Mr. SPECTER. Mr. President, on another subject, I wish to comment 
briefly on legislation which will be introduced today in response to 
the tremendous problems posed by the Firestone tires and the Ford 
vehicles which turned over, and some 88 deaths. The Appropriations 
Subcommittee on Transportation, on which I sit, had a hearing on this 
subject on September 6, 2000. At that time, we heard comments, 
explanations, excuses which strained credulity. I then introduced 
legislation which would make it a criminal offense for someone to 
knowingly put on interstate commerce a deadly product which was likely 
to result in death. This is based on the experience I had as district 
attorney of Philadelphia, where reckless disregard for human life, 
which results in death, constitutes the requisite malice for a charge 
of murder in the second degree.
  I have discussed this provision with the distinguished Senator from 
Arizona who held a hearing on the matter this week, and the 
administration has submitted legislation which I am told will be 
introduced later today. I wanted to make a comment briefly at this time 
since I know we will be going out early.
  I compliment Senator McCain for this legislation which will require 
motor vehicle manufacturers and equipment manufacturers to obtain 
information and obtain records about potential safety defects in their 
foreign

[[Page S8626]]

products that may affect the safety of vehicles and equipment in the 
United States.
  The legislation will increase the civil penalties for notification of 
reporting violations; will establish greater cooperation with foreign 
transportation safety agencies with the exchange of safety-related 
information and the recall of defective products; and requires 
additional testing to determine that a vehicle or equipment meets 
safety requirements.
  I am advised that there is coordination with the House and an 
excellent opportunity that this legislation will be completed before we 
finish our term, which would be exemplary and which would really show 
the American people that when we have a very dangerous situation 
brought to our attention, we will take action.
  I am very pleased to see this legislation will include the proposals 
I have for criminal penalties. In a floor statement made on September 
7, 2000, I documented 10 illustrative cases where deadly products had 
been put on the market knowing them to be deadly and knowing that they 
contained the risk of death or serious bodily injury. That constitutes 
the requisite malice for a prosecution. That will be an effective way 
of dealing with this issue.
  The remedy of punitive damages has been illusory. Take the celebrated 
Pinto case where a calculation was made by Ford that it was cheaper to 
pay the damages resulting from injuries and deaths than it was to 
relocate the gas tank. A jury came in with an award of $125 million, 
later reduced it $3.5 million, which is the customary response where 
these punitive damage awards have been entered.

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