[Congressional Record (Bound Edition), Volume 146 (2000), Part 15]
[Senate]
[Pages 21254-21255]
[From the U.S. Government Publishing Office, www.gpo.gov]



                   UNANIMOUS CONSENT REQUEST--S. 3059

  Mr. McCAIN. Mr. President, I would like to use 4 or 5 of those 
minutes in case someone who might object to the unanimous consent 
agreement would have time to come to the floor. I would like to say, 
within about 5 minutes I am going to try to get the unanimous consent 
agreement again.
  Mr. President, this is from October 9, 2000, a copy of Newsweek 
magazine:

       At first, the death of 14-year-old cheerleader Jessica 
     LeAnn Taylor seemed simply to be a tragic tire failure. While 
     heading for a football game in Mexia, Texas, on a hot October 
     afternoon in 1998, the Ford Explorer in which Taylor was 
     riding flipped after its left rear Firestone tire shredded at 
     70 miles an hour. Jessica's grieving parents sued 
     Bridgestone/Firestone in March 1999. But over the last two 
     months, as congressional investigators probed the recall of 
     6.5 million Firestone tires, the Taylors became convinced 
     that Ford Motor Co. shares the blame for their daughter's 
     death. So late last month the Taylors sued Ford, too, and 
     when the case goes to trial next spring, the Taylors' lawyer 
     Randy Roberts says he will tell the jury: ``A piece of tire 
     tread never killed anybody. People die when the vehicle rolls 
     over. And the responsibility for the design and occupant 
     protection of that vehicle belongs to Ford.''
       Since the safety crisis began, Ford executives have argued 
     the recall was strictly a ``tire issue.'' But as the death 
     toll mounts to 101 lives, [it has exceeded that since then] 
     questions about the stability of the Explorer are shifting 
     the focus onto Ford. The carmaker is facing 80 lawsuits 
     involving Explorers equipped with Firestones that shred

[[Page 21255]]

     at high speeds. Meanwhile, Firestone is consistently trying 
     to blame Ford. ``We could remove every one of our tires from 
     the Explorer, and rollovers and serious accidents will 
     continue,'' Firestone executive John Lampe told a 
     congressional panel.

  Mr. McCAIN. Mr. President, there have been well over 100 deaths. Last 
weekend, a 10-year-old boy was killed when the driver of a Firestone-
equipped Explorer had an accident near Laredo, TX. Authorities said at 
least one of the tires was shredded.
  I am not going to repeat every human tragedy that takes place here. 
But we passed a bill out of the Commerce Committee on a 20-0 vote. The 
majority leader is a member of that committee. He supported it. All 
Republican members had an opportunity to amend it, as well as those on 
the other side of the aisle.
  I would like to repeat; I have a letter from the Secretary of 
Transportation. In the last paragraph, he says:

       Most important, however, is expeditious action on 
     comprehensive legislation that will strengthen NHTSA's 
     ability to address life-threatening motor vehicle safety 
     defects. I will work with you in any way I can to help shape 
     legislation the Congress can approve and the President can 
     sign into law.
       Sincerely, Rodney Slater.

  Mr. President, the Members of the House of Representatives are here 
to meet with me. They just passed a bill through the House, 42-0, from 
their committee.
  They are prepared to take it to the floor of the House on Tuesday, is 
my understanding from Chairman Tauzin and Congressman Upton. 
Congressman Upton, by the way, as we all know, is from a State where 
the vehicles under question are manufactured and one of the reasons he 
has taken a lead role here.
  I hope we can get this agreement. I emphasize again my commitment to 
the Presiding Officer, the Senator from Alabama, to work with him on 
serious concerns that he has about this issue. I assure the Senator 
from Alabama, again, my respect for him, his experience as former 
attorney general of his State, and I believe his views and his input 
will be very important.
  Also, in this unanimous consent request, there is no time limit and 
only relevant amendments are in order. It would be fairly easy, the way 
the Senate works, in the remaining days--because my understanding is 
now we will not be back until next Wednesday--it would be fairly easy 
to block this legislation, although I certainly hope that will not be 
the case.
  Again, I thank the Senator from Alabama for his consideration of this 
issue.
  Mr. President, I ask unanimous consent that it now be in order for 
the majority leader and the Democratic leader to determine the specific 
time and date for the consideration of S. 3059 and that only relevant 
amendments to the bill be in order.
  The PRESIDING OFFICER. Is there objection?
  Mr. VOINOVICH. Mr. President, I reserve the right to object and I 
shall not object, but I would like to engage in a discussion with the 
Senator from Arizona. I have some substantive concerns about this bill 
and I and my staff need some time to review the bill. I have concerns 
that if we are going to impose criminal penalties in this area, that 
standard for triggering these penalties is a clear bright line. I am 
also concerned that the reporting requirements as outlined presently 
are over broad and unworkable. I am very concerned about safety and 
want to ensure that we enact solid workable legislation to protect 
people. I am not trying to stop this bill, just ensure that it is 
solid, clean, well thought through legislation.
  Mr. McCAIN. I appreciate the concerns of the Senator from Ohio and I 
respect his right to object. I intend to work with the Senator to 
resolve his concerns either before we move the bill or through the 
amendment process. As I have said from the beginning, all I am seeking 
is an opportunity for the Senate to address this matter before we 
adjourn.
  Mr. DOMENICI. Mr. President, reserving the right to object, I will 
say to my friend from Arizona, I have been asked by a number of 
Senators who cannot be here at this hour to object in their behalf. So 
I do object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Arizona.
  Mr. McCAIN. Mr. President, I was told by the majority leader that if 
Senators had objections, they would come to the floor themselves. That 
was the word I had from the majority leader, that those who had 
objections would come themselves. I have his word on that, so I took 
his word.
  I think the Senator from New Mexico should know that was the word I 
was given by the majority leader of the Senate; That they would have to 
come down and object to this unanimous consent request themselves. So I 
hope the Senator from New Mexico will withdraw his objection.
  Mr. DOMENICI. Mr. President, I say again to my distinguished friend 
from Arizona, I have no such understanding and representatives on the 
floor of the majority leader's office have asked me to do this.
  Mr. McCAIN. I thank the Senator from New Mexico.
  Will the Senator from New Mexico, for the Record, say which Member or 
Members are objecting to this legislation?
  Mr. DOMENICI. I do not believe I have to and I will not do that.
  Mr. McCAIN. I did not imply the Senator had to.
  Mr. DOMENICI. I understand that. I have been asked to do this. You 
have asked a number of times, and the objection has been raised just as 
I am raising it. I regret I have to do it. I am not here suggesting you 
have not taken due diligence in producing this bill. I am saying in the 
waning moments of this session, this is what I have been asked to do, 
and I must object.
  I thank the Senator.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, it is of interest that the Members on the 
other side of the aisle have no objection to moving forward with this 
legislation, this unanimous consent request. Therefore, I intend to 
continue to propound the unanimous consent request as long as it seems 
there might be some way to do so.
  I say to the Senator from New Mexico--and I say this more in sorrow 
than anger--by objecting, you do take responsibility in not allowing 
this legislation to go forward, and I regret that deeply.
  Mr. President, I suggest the absence of a quorum.
  Mr. DOMENICI. Before the Senator does that, I ask for 1 minute.
  The PRESIDING OFFICER. Does the Senator from Arizona withhold?
  Mr. McCAIN. I withhold.
  Mr. DOMENICI. I thank you for your comments. I do not agree with you 
with reference to my responsibility, but I think we know each other 
well enough. I know what I had to do, and I know where my 
responsibility lies, but I thank you very much.
  Mr. McCAIN. I thank you for your response. The fact is, the Senator 
from New Mexico lodged the objection.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, will the distinguished Senator withhold his 
suggestion and allow me to complete some remarks?
  Mr. McCAIN. Absolutely.
  Mr. BYRD. I thank the distinguished Senator.

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