[Congressional Record Volume 146, Number 120 (Monday, October 2, 2000)]
[Senate]
[Pages S9566-S9567]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MOTOR VEHICLE AND MOTOR VEHICLE EQUIPMENT DEFECT NOTIFICATION 
                            IMPROVEMENT ACT

  Mr. McCAIN. Mr. President, first I want to discuss an issue that is 
of sometimes importance, the Motor Vehicle and Motor Vehicle Equipment 
Defect Notification Improvement Act.
  Last week, the Commerce Committee reported S. 3059, the Motor Vehicle 
and Motor Vehicle Equipment Defect Notification Improvement Act. The 
bill is in response to the systemic failure of the National Highway 
Traffic Safety Administration and the motor vehicle industry to share 
information that could have prevented the fatalities that resulted in 
the recent recall of millions of Bridgestone/Firestone tires.
  The key provisions of the bill would insure that NHTSA has the 
information that it needs from manufacturers to make sound decisions, 
including information about recalls in foreign countries. This 
legislation would increase penalties to deter manufacturers from 
withholding valuable information about recalls and establish 
appropriate penalties for the most egregious actions that place 
consumers in danger. It would also require NHTSA to upgrade the Federal 
motor vehicle safety standard for tires, which has not been updated 
since its adoption more than 30 years ago.
  It is my understanding that a few Members have placed holds on this 
bill for various reasons--I think there are two--including opposition 
to the inclusion of criminal penalties for violating motor vehicle 
safety standards. Clearly, each member is entitled to place a hold on 
measures to which they object, but I hope that members can understand 
the importance of acting on the key provisions of this bill before 
Congress adjourns.
  The criminal penalties provision in this bill have been the subject 
of much discussion. The provision is intended to allow for the 
assessment of criminal penalties in instances where a manufacturer's 
conduct is so egregious as to render civil penalties meaningless. An 
article in this week's Business Week, addresses the application of 
criminal penalties to such conduct. It reports that ``prosecutors have 
been waking up to the fact that criminal sanctions may be a more 
effective deterrent and punishment than the worst civil penalties.'' 
Furthermore, a criminal penalties provision is not a novel inclusion. 
Multiple agencies are authorized to assess criminal penalties, 
including, among others, the Department of Labor, the Consumer Product 
Safety Commission, and the Environmental Protection Agency.
  Already, NHTSA has linked more than 100 deaths to these tire 
failures. Last week, NHTSA announced that other models of Bridgestone/
Firestone tires may be defective as well. We must act quickly to 
correct the problems that could lead to further loss of life. As I have 
repeated throughout the process, I am willing to work with my 
colleagues to address their concerns so that this vital legislation may 
be passed prior to the adjournment of this Congress.
  In summary, more than 100 people have died. It is clear that we need 
this legislation. It is supported by the administration and by every 
consumer group in America. It passed through the Commerce Committee 
unanimously. I intend to come to the floor and ask that we consider 
this piece of legislation.
  I expect those who are putting a hold on this bill to come forward 
and give their reasons for putting a hold on this

[[Page S9567]]

very important safety bill. We are talking about the lives of our 
citizens. This is a serious issue. That is why I intend to come to the 
floor again and ask that we move the bill. I hope those Senators who 
object will come forward and state their objections or remove their so-
called holds on the bill.

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