[Congressional Record (Bound Edition), Volume 148 (2002), Part 11]
[Extensions of Remarks]
[Page 15277]
[From the U.S. Government Publishing Office, www.gpo.gov]




          TORT REFORM PROVISIONS IN THE HOMELAND SECURITY BILL

                                 ______
                                 

                          HON. ROSA L. DeLAURO

                             of connecticut

                    in the house of representatives

                         Friday, July 26, 2002

  Ms. DeLAURO. Mr. Chairman, I rise in strong support of this motion to 
strike. The irresponsible liability protections added into this bill 
are unnecessary and dangerous to the public health and safety.
  This provision would give the new Secretary of Homeland Security 
unprecedented executive authority to exempt from civil liability any 
product that is deemed ``anti-terrorism technology.'' Even willful 
misconduct would be excused. That means that people injured by a 
product put out by a company trying to profit from the war on terrorism 
would be unable to seek recourse of any kind. None.
  In fact, the only period during which injured parties can seek 
recourse for fraud or willful misconduct is, and I quote, ``during the 
course of the Secretary's consideration.'' Essentially, once a product 
is approved, the public is left with no protection or remedy at all.
  Not only does this provision severely restrict the ability of 
claimants to recover for their injuries, it also fails to provide for 
any alternative form of recourse, leaving people who have been injured 
through no fault of their own to fend for themselves.
  Mr. Chairman, no one here wants frivolous lawsuits. We simply want 
the tools to hold accountable corporations who have abused the public 
trust and would unduly profit from the war on terror. This bill is 
about protecting the public, protecting the health and safety of our 
citizens. It's not about giving a free ride to corporations who take 
advantage of the system. Let us not compromise these noble, bipartisan 
goals with a misguided provision added at the last minute.
  I urge my colleagues to support this motion to strike.

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