tv Key Capitol Hill Hearings CSPAN July 17, 2014 8:00pm-10:01pm EDT
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he has been a great governor and continues to be a great governor because you will turn to office won't you? and i have a lieutenant governor named kim and she is the acting governor since i am here. but kim reynolds is someone i met four years ago and she is a great leader. and i can tell you, she has extraordinary ideas and she is someone that everyone across the state looks up to her because she is someone who is doing the job every day. not looking for fanfare or the star of the show or the limelight. looking to get the job done. and that is the kind of partner you won't so the governor picked
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wisely and there is no reason to change a winning team when you are in the middle of a great winning streak which is what iowa is. so please give as much respect to kim as you would brad. she earned it and she is great. we are in scott county. i probably shouldn't say this. but when i was walking in he was saying this is just a great county. i never lose scout county. these are good supporters of our party. for all of you hear tonight and i turn to the chair while governor was talking and said this is an amazing turnout for the middle of july to be here and supporting this team and ticket in the mild middle of july when you could be doing other things it is impressive to
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see you out here. we are working hard across the country to give the same support to all of the other republican governors and the folks that want to be republican governors. we are going to do great things. we have 29 governors and i have been to 19 states between december-june and we will go all across the country raising money, campaigning and talking to folks about why it make as different to have a republican government in your state house than the other party. of the 20 best performing states in the country 19 of them have republican governors. that is not a coincidence, everybody. [ applause ] >> now i have a job to do. not just to be the governor of new jersey but to be the person who tries to lead this group of
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governors to bigger and better things. and when i get to leave my state as i am doing today and i get to come to a place where here in iowa you have a republican house of representatives i must say that it brings out a bad side of me. green with envy because i have an all-democratic legislature and i have since the day i walks in. and we get things done and it is the governor's job to work with whoever send you but i tell the people in new jersey they have a great sense of humor. twice elected a conservative governor and a liberal legislature. new jersey people are like the 13-year-old boy in the basement
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and on the pace i am on we will break another record and sometimes as governor you have to say no. they are not allowed there without adult supervision. i have to goat get home and go to the state house and see what they were up to today. but we have been able to cap property taxes in the state. we have 6,000 fewer employees on the new jersey state payroll.
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there are very small arguments we have among each other compared to the differences with the other side. just remember, back to four years ago, with the governor sitting in the capital and how much different iowa feels today than it felt four years ago. i will leave you with something to think about. here in this room all of you are people who are already on the
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te team. you would not be here if you were not on the team or willing to stand up for the people on our republican ticket here in iowa. when i got married into the family i had relatives everywhere in america. aunts, uncles, cousins, second cousins, second removed. one place we have them is in albany, new york and i went up
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there. and you know i am a catholic and my sister-in-law is a lutheran and asked if we would go to church with them and i heard the best explanation from the pastor i heard about preaching to the choir and we had a way of saying that is passing the time. he said i preach the choir every sunday, i preach so they will sing. and for the first time i understood the power of preaching to the choir. all of you are part of the republican team and i am hear to preach the choir so you will sing to your neighbors and coworkers and the people you see
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whether we will elect a new republican female congresswoman from right in this district. [ applause ] >> i have to tell you the truth at this point given everything i have seen it is not up to the governor or lieutenant governor or the candidates. they are going to work hard. i get it. he is the hardest working governor in america. so he is not going to let up now. he is going to work hard. kim is going to work hard. all of the candidates are going to work hard. how about you? 110 days to go. there are two scenario i will lay out for you because i am from new jersey and we are an hour ahead so i can see in the
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future. here is the thing: you wake up in the morning on november 5th, we come one seat short in the state senate and we don't expand our margin in the house and we don't have a new republican u.s. senate from iowa and we don't ask new republican members of the house of representatives in washington because we came a little bit short. think about how you will feel that morning when you wake up. maybe the clock radio wakes you up and you hear the news about the slim losses of republicans in iowa. do you want to lay there and think to yourself if i only did a little more or put aside the personal pursuit for that 110 days and put my state and country first just for a 110 days. if i had done that, maybe we would have done a different result.
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we need leader in the oval office. [ applause ] >> but we didn't do it. we came up short and we will have the feeling of regret and pains of guilt. scenario number two. much better. >> you wake up on november 5th and the clock radio goes off. you are hearing the news reports and we are talking about a new female republican united states senator who is the difference in a republican majority in the united states. a new state senate that is controlled byp republicans in
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iowa, in washington, and you will know you did it. you are the most important force in politics and i suspect iowa understands that better than any other state. you get the fact you can make a difference. let's not fall short and wake up under scenario number one with pains of guilt and regret. let's wake up after a joyful, celebration on november 4th where we have set a record for the longest and best serving governor in the history of america and his republican team
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showing the rest of america what strong, conservative republican leadership can do to turn the country around. when we get own on november 4th of 2014 we will all turn our eyes toward 2016 and taking our country but first thing is first everybody -- i will end with one of my favorite votes from one of the best historians in the country. he was blunt and outspoken and you cannot imagine why i would like him. he is one of the founding fathers. john adams as he was nearing death, near the 50th anniversary of the country he helped to birth, he was concerned that america was moving in the wrong
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direction. concerned like many of us are today about our country. he was older and weeker and didn't have the energy to travel to the nation's capital so we wrote for us in his diary in his dying days and i think it applies to what i have been urging all of you to do. his advice is very similar to the advice i gave you. he wrote this in his diary. to his fellow countryman. he had you may never know the sacrifices we made to secure your liberty, i pray you will make good use of it, for if you don't, i shall repent in heaven for ever having made the sacrifice at all. john adams understood how
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precious liberty because he saw people die and fight for it. he birthed the country that produced the greatest economy, military and most compassionate people the world has ever seen. and he would say, if we let the opportunity go by, we didn't appreciate the price that was paid for the liberty we enjoy. he would want us to work to expand that liberty and freedom for everybody. not just for us. i will travel to everyone corner of this country to get this message out there to get the governors elected. if you do what you need to do inside iowa in the next 110 days two great things will happen. iowa will have a better and
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brighter for your childrening children and john adams want to repent in heaven for giving us the exercises we have. thank you for inviting me. we have had a full day across the entire state with the governor and lieutenant governor and i have enjoyed every minute of it. these folks from the press follow me around asking do people in iowa love you, governor? [ applause ] >> i say, heck, i don't know we just met but the early indications are good and i will tell you that i feel so wonderful coming here. i have been here for governor
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branson and romney and every time i come to iowa i am greeted so warmly and kindly by all of you and it makes me feel good getting on the airplane and going home knowing i made a lot of new friends and hoping i did just a little bit to make victory on november 4th for people that i care deeply about like terry a little bit more possible. let's work as hard as we can the next 110 days and i will see you back in iowa very soon. thank you all very much. [ applause ]
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>> thank you for coming. i want to share one story. the governor was talking about waking up the morning after an election. i have been involved for 15 years, not only as the country chair, but i have had the opportunity to wake up feeling both of those scenario. in 2012, several of us went back to the office the next morning to try to cleanup and we had a call from an elderly woman who said she felt so bad about the election and needed to talk to somebody. and i told her ma'am, i am sorry, we all have our hearts broken are feeling bad and we
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tried to work as hard as we could. and she said i know you did. i don't want to have that gut-wrenching feeling in in my stomach again! [ applause ] >> so i ask you to please join us as a county share i would be remised and i didn't say we have sign-up sheets over by the door. there are a number of ways to help whether it is making cookies, bputting up signs, making calls, door knocking, addressing letters -- there is a spot to help us. thank you all very much. i hope to see you. come to our head quarters across from north park mall and have a good evening. thank you, everybody.
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>> a hearing on gm's recall of more than two million vehicles for safety defect. senators hear from gm's ceo mary barra. and after that new jersey governor chris christie at a fundraiser. an airplane was shot down over ukraine and nearly 300 passengers and crew were killed. congressional reaction includinged house speaker john boehner who said innocence was killed today. it is horrifying and we will get
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the facts. right now we should take a moment to reflect, count our blessings and convey our prayers to the victims. >> john quincy adam was the s t second northerner to be elected to the whitehouse. he was deeply feared by the south and worried his vision of a unified country in which the federal government and the states were partners in a relationship that enabled the federal government to play a
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leading roll in binding the country together through infrastructure and supporting manufacture and he was deeply suspected by the southern states who thought he wanted too much power from the federal government. >> fred caplin on the live of john quincy adams. sunday night at 8 eastern and pacific on c-spans q and a. >> mary barra was an capital hill testifying on the safety recalls of more than two million vehicles. they want gm to back the pardon of a texas woman convicted of a criminal homicide in a faulty gm vehicle that killed her fiance. it said the east texas district attorney has written a letter to the board of pardons asking the
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conviction to be set aside in the wake of the new information about the defect. senators heard from kenneth feinberg for about an hour. after his testimony, members of the senate commerce subcommittee on consumer protection questioned mary barra and michael milikin. all right. this hearing will come to order. we revisit today the tragic management failures at gm that
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killed people. first, i want to acknowledge in my opening remarks then from my viewpoint the ceo of general motors, mary barra, has stepped up and con fronted head-on the problem and corporate culture that caused it. some see the record-number of recalls at general motors as a problem, i see it as a good sign. second, i want to briefly say that i think i speak on behalf of all members of congress who have asked very difficult questions surrounding these tragic events that while we are asking tough questions, we have great respect for the workers of general motors. i would like to take this moment to thank the workers at general
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motors. you are terrific. you build good cars. and you also were the victims of outrageously incompetent management. management was the problem here not the workers. the report i spent time with i find it thorough and damming. there was indifference, deceit and imcompetence among engineers who had responsibility. and second it is clear that the culture of lawyering up and whack a mole killed innocent customers of general motors. i have many questions about the failures of the legal department
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today. i am also interested today in hearing from mr. feinberg who has been asked to put together a plan to compensate those who have suffered from the management failures. he is hear independently from the witnesses of general motors and appearing independently of the witnesses of general motors and he will exhurt independence and i certainly thank him for being here in that regard. perhaps i am even more interested today in undering how in the aftermath of this report how in the world did michael milikin keep his job?
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i don't understand how the general council for a litigation department that had this massive failure of responsibility how he would be allowed to continue in that important leadership roll in this company. and the questions i asked today will be surrounding what he knew and why he didn't know it and what kind of direction did he give the legal department that would allow them to do nothing in the face of the evidence they were confronting over years of litigation by people who were trying to get the attention of general motors about the fatal defect in the product they were selling. senator heller. >> chairman mccaskill, thank
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you. and i would like to thank the witnesses here today for both hearings and also thank chairman mccaskill for this second hearing on general motors. today based on the findings of the report, we can confirm this is in fact the darkest history of general motors. an ignition switch was approved but it failed gm's requirements for torque requirements. the ignition switch would slip from one to accessory with a little more than a knee hitting the key or the car driving over a bump and the car's power shut off while driven. even for the most experience drivers there is nothing more terrifying than loosing power at
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high-speeds. i can only imagine the terror these people experienced once their drives slipped out of run. what they didn't know was the one thing that could have saved their life, the airbag, wasn't going to deploy because the power to the airbag was shut off. if, after a few crashes, general motors was able to under the ignition switch problem, many more lives could have been saved. group after group, committee after committee within gm failed to take action or acted too slowly for over a decade. two critical factors have been identified as reasons for this. first, gm failed to understand how its cars were build.
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gm failed to understand how its cars were build. incredible the official findings call to recall this on the fact gm didn't understand how its own car was built. second the same engineer who approved the original switch changed the part in 2006 and didn't inform any person at gm and didn't change the part number. people died and millions more were put at risk because gm didn't understand its own car and one engineer cut corners and changed the torque on the part without telling anybody or changing the model number. 54 frontal impact crashes and more than a dozen fatalities later we find ourselves here for a second hearing on this issue. it is truly a dark chapter in the history of general motors.
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we need to make sure the report is the full story today. is this accurate or are there missing pieces? the ceo of delify is here today and it is my hope he will help the subcommittee understand if there is additional information that provides us with an additional picture. i hope the testimony is forthcoming and not circle the wagon. delify has a opportunity to the survivors and the family to provide a complete picture. if they know more than the lucas report identified or believed things are inaccurate now is the time to make it known. it offers a timeline of the issues but i have concerned it may not point the entire picture. i would like to explore whether
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delify was cooperating. i am appreciative we are holding this hearing, chairman. everybody deserves to know that for over a decade gm and delify failed to have the basic level of competence. if gm understood how their car works and reported the defects in a timely manner lives would have been saved and we would not be here today. >> our first witness and panel c c consist entirely of mr. feinberg who is in charge of the fund that will compensate the people
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that have suffered as a result of the failures. >> i want to thank the chair for her vigorous leadership in this matter. i want to thank all of the members of this committee and subcommittee. i want to particularly thank senator blumenthal and his staff and indirectly i must thank senator blunt indirectly because he was critically important. i am with my partner who was worked for the last 35 years in
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the drafting, design of the 9/11 fund, the bp oil fund, the boston marathon and the virginia tech memorial fund. and she is here to answer questions about the administration of the program. it is a bit premature to talk about this program because we don't receive claims until august 1st. we are right an track. this protocol will form the bases for the submission of claims. i thank lawyers around the country for their input as to what this fund might look like. i think various non-profit foundations interested in auto motive safety for their input and i also must say in line of what the chair said i thank
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general motors from the top down they have been helpful and constructive in drafting this protocol. this compensation protocol is entirely our collective responsibility. my responsibility. i don't think there is anybody who provided us input that is entirely satisfied with all aspects of the protocol. we will compensate the innocent victims of this tragedy. we begin august 1 and claims can be submitted through august 31st. december 31st and we will stay
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in the work until january 15th processing the claims. we will take around and not disappear on december 31st. but there are interesting features of this program i can highlight in one minute. it is uncapped. we are authorized to pay as much money as is required. the bankruptcy of gm is no barrier to compensation. if there were accidents that occurred before the bankruptcy they are as eligible as accidents that occurred after the bankruptcy. there are some people who already settled their claims years ago with general motors and signed a release that they will not sue. they can come into this program
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and if under our compensation rules they are entitled to additional compensation they will be paid. the contribute of the driver speeding, cellphone, int intoxication is irrelevant. we are not looking at the drive or the driver's negligence. we are looking at only the automobile to see if the switch was the approximate was of the accident. we are cautiously optomistic. i believe on august 1 we will be
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ready to receive claims and we are finalizing the documentation that will we'll deliver to the subcommittee and be ready to receive claims and pay them within 180-190 days after the claims are deemed complete. and finally, we have a very pervasive notice program to reach out to all eligible claimants and those who think they might be eligible. we are determined to reach every driver or injured victim to make sure they know of the program and we are confidant the program will work. thank you. >> a couple questions, mr. feinberg. when they hired you to administer this program, did general motors lay out any
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limitations and if so what were they the? >> the only limitation they layed out was the limitation that only certain eligible vehicles are subject to this program. as the chair knows in bp there were limitations, in 9/11 as senator blunt, then congressman blunt drafted that legislation there were limitations. the only limitation they insisted on was only the vehicles lifted on page three of the protocol are eligible for consideration. >> did you suggest classes or coverage that should be included that general motors rejected? >> no. i am not an automotive engineer. i asked jenerageneral motors wh
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the definition of a vehicle that could give rise to a valid claim which is reflected in the protocol. >> so, if the airbags didn't deploy but should have, and any evidence the seat belt worked as design, under the protocol the victim isn't eligible? >> the victim isn't eligible if the power was on and the airbag did deploy. if the airbag deployed and the seatbelts were working, the likelihood that the ignition switch could have been in the off position causing the accident isn't possible. so we and i concluded that airbag deployment renders the claim ineligible. airbag non-deployment or the claim where the victim says we
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don't know whether it deployed, eligible and we will work with the claimiant. >> if the airbag didn't deploy, you are eligible if you are in one of the cars on the list regardless of the seatbelt? >> exactly. >> so the total decision here is what car it is and whether or not the airbag is deployed. >> and/or whether the seatbelts deployed. if the seatbelts deployed, the power is on, it could not have been the ignition switch. >> you mean whether the seat belt is on? would you explain that for the record? >> it is non the seatbelts per se it is the pretension which is controlled by electric control
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so if they were working if is unlike unlikely the cause it was an ignition switch. >> so you have saying if that is working it would not be a power shutdown. what if you have a situation where there is a fronting crash and the airbag doesn't deploy and there is a rear crash and the airbag does deploy. >> if there is a frontal crash and the airbag didn't deploy we want to look into the claim. >> so that would be a situation where the airbag did deploy but not until the second crash so i want to make sure everyone is clear even if the airbag didn't deploy -- even if the airbag did deploy it could depend on the facts of the case.
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>> i would like to take a look at that claim. >> i think there is one. >> we would like to take a look at it. >> this is the issue, this switch goes off and on easily, right? it slides to off easily, it slides back, because there is not appropriate torque in it. so things that bump it, move it. so just as easily as writing off a road could bump it, a frontal crash could move it from off to on, correct? >> we looked at that. i think you are correct theoretically. first it is highly unlikely that that circumstances that you just said occurs. i guess it could. it is highly unlikely. what i want to avoid with this program is being inidated by
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thousands of claims where the airbag deployed making it unlikely it is the ignition switch causing delays to get the money out the door to the vast number of people that can demonstrate airbag non-deployment through pictures and police reports. and the key to the program is getting money out the door as fast as possible to those who are eligible. that is why the airbag non-deployment provision is designed to discourage thousands of people from filing a claim when in the overwhelming number of cases airbag non-deployment is a certain step in finding eligibility. >> i have questions about the amount of money and punitive
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damages but i have a feeling my colleag colleagues will have that. i turn it over to senator heller. >> thank you, madam chairman, and again thanks for being here. i don't know if is premature to have this discussion because i think it is the perfect time. there is no scenario, you are saying, where the key went from run to accessory, have an accident occur and still have the airbag deploy? >> that is right. senator mccaskill raises the hypothetical situation but it isn't likely that would justify drafting a compensation program that would invite anybody with the airbag deployed to file a claim. >> it took ten years to figure out the problem and you are saying that scenario can't happen. >> it is so rare. you don't want to discourage claims from being filled by the
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overwhelming cases for airbag non-deployment is a step in finding eligible. >> you say you are going to compensate all victims. let's say i am driving a colbalt and airbag doesn't deploy and key goes from run to accessory and i walk away unscraped but i destroy the car. am i compensated? >> you maybe compensated but not by the death and injury case we are talking about. that is not the scope of this program. >> why would you stop there? isn't a loss a loss? >> a loss is a loss from the very beginning in my conversations are lawyers
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representing injured and deceased victims it was always understood this program, like 9/11, and like one-fund boston, is limited to death and physical injury. i am not saying those folks don't have a valid claim they just don't come to this program. >> is there a way to appeal that decision? >> in the courts, i guess. >> can they appeal to gm? >> i guess they can. >> i want to ask about the compensation. i don't know if you have performance goals and compensation and knowing you are being compensated by gm i think transparency is important.
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will you or your staff be paid based on the number of claims made or processed or anything of that gnash nature? >> absolutely not. >> let me talk about bp a little bit. i know victims of the fund did receive criticism that you are working for the oil company's interest instead of being independent. >> i will say. >> and he wrote an opinion
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letter making it clear that i was independent and doing the type of work that i was asked to do. the only real way that you blunt criticism that is sure to come about my compensation is how fast you get the money out the door to claimants in a generous way so they can see the conduct of this program and the professed independence is backed up by the way these claims are being processed. and i will say again until the claims begin to come in and people see how they are being processed and found eligible i will also confront that and that is the way you have to address. >> all right fine. thank you.
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>> the investigation into the general motors ignition switch defect paints a picture of a company that for years showed n indifference in the face of mounting evidence, risk and danger. i believe there are questions to be answered and a keypoint for victim said and mr. feinberg a key point is how the fund and claims will work. i greatly appreciate the fact that ms. barra, the new ceo of gm stepped up and took this head-on with the recalls and setting up this fund and working with the victims. something very bad happened here and we all know that. and as you know mr. feinberg only the results and history judge whether there is true justest for the victims. i am glad the chairman held this so quickly after the last one so we can continue to be informed and ask questions.
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i have a victim in my case, a young woman, she was from minnesota and she was only 19 years old. she died when her car went barreling at 71 miles per hour into a grove of trees. she was a goalie and wrote a lovely note to her bad before she died about how he always had her back and all they want now is to make sure that gm has their back. so my first question is about these young victims. since many of the cars involved younger drivers they were like the saturn -- i am a saturn driver and i have a 15-year-old saturn and a chevy cobalt and that was the kind of car she was killed in -- the chevy cobalt. can you ensure there is going to be fair compensation were the
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younger victims when it is harder to assess what their financial loss is. >> absolutely. like on 911, we will make sure compensation is adequate and it lays out in detail how we will estimate compensation for people in school or haven't started a professional or employment career. and we have rules that lallow younger victims who died or were injured to come in and see us and we will develop a tailored compensation program, what i call track b, that reflects the unique circumstances of those younger people and we will be
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glad to do that under the rules of the protocol. >> you anticipate a lower rate for younger people because you have not seen this in the past? concerns have been raised about the documentation required that it maybe burdensome and some say it maybe difficult to prove an ignition switch called a crash a year ago. >> it is a lot quicker than going to court and proving their claim. there is a provision that makes it clear if anyone can't find the documentation, we will work -- this was a point senator blumenthal asked about -- we will work with that claimant to cure that deficiency. there are various ways for documentation. the police report, the car, the
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black box in the car, insurance reports, warrant, photograph said -- perhaps the best example of collaboration using senator mccaskill's picture of a front end crash with no airbag deployment. that is well on the way to elability. we will work with them even though some accident are older. >> and one last question, under the terms of the 2009 bankruptcy, gm is free from liability for injuries and deaths that occurred prebankrupt prebankruptcy. can you make sure they will have coverage no matter when gm went through the bankruptcy? >> yes, that is absolutely assured.
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>> senator blunt. >> thank you, chairman. the chairman and i -- we have a number of gm employees in our state and we are grateful for those employee and the work they do and concerned about anything that reflects on their products and future opportunities and their ability to make the good living that they make with the hard work they do and so looking at this is important to us. it is important to the country. mr. feinberg i appreciate your comments when we set-up the model after 9/11 the idea is the one that you continue to pursue which is victims are not subject to which judge they are assigned to. you don't have cases handled one day somewhere and one way somewhere else. they have the legal option if they want to take it but if they want to be sure the cases are
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handled in a way with structure they have that prom from you. you have the authority on what the ultimate settlement is? >> that is right. the program is volunitarily and if they come into the program we will determine their eligibility and if eligible the amount of compensation and only after they know what they will receive, how generous it is, only then do they agree to wave going to court in order to receive this money and there is no appeal from my determination and gm cannot reject our final determination. and am i right in believing that gm has no input on what the final determination is on what
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an individual case could be? >> once i get the claim they have no say or right to appeal or any right to second-guess. they are bound by that determination we make. >> at what point do you think you will begin to deal with the individual cases? >> august 1st the claims come in and once the claim is deemed complete and we have the documentation then within 90 days we will begin to process the claims and invite them to accept the compensation. >> and where you said you were grateful to gm in helping draft
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the protocol. was there anything they added in the protocol? >> yes, i asked lawyers about the entire protocol and what they think about the dollar levels, the process, or the procedures. and i must say general motors from the ceo to mr. milikin and down the line were constructive and wanting to do the right thing they say. ...
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sad last and only thing to have over that young girl's life. so we'll be interested as you work your way through this and i think the company made a good choice and look forward to watching is a this progresses. >> senator. >> thank you few having this hearing. thank mr. feinberg for your work, very challenging work in this area. i have only five minutes here but you have spent many more than five minutes in fact more than five hours talking to me
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and my staff, and i appreciate your openness and hope we can continue to work on many of these very profoundly important details, but the devil here is in the details and in the discretion that you will have. i want to ask you about one area of what i hope is within your discretion. on june 30th of this year, when you announced the details of your compensation protocol, gm announced the re-call of more than eight million cars that had ignition defects, defective ignition switches. the company acknowledged those defective ignition switches beyond the models involved in your compensation fund so far. caused at least three deaths and numerous injuries. added to the list of the
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chevrolet cobalt and saturn ions we have multiple modeled of chevrolet, oldsmobile, gm has re-called more than 14 million cars in 2014. many of the reasons for the re-calls are defects in the name part, the ignition switch, that killed people and injured many in the matter that you are providing your compensation fund. i happen to believe that the compensation fund has to be expanded. i believe strongly that your funds must be extended to include those victims of deaths, injuries, and damage in those other re-calls. would you agree with me? >> i can't agee or disagree. i have no jurisdiction, senator, and i can be very clear on this.
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just as with these other compensation programs we're policymakers tell me, in drafting your protocol, this is what is eligible. i have no authority to go beyond the list of automobiles listed in this compensation -- >> would you recommend to gm it expand the fund? >> that's entirely up to gm. that is entirely up to gm. i'm not an automotive engineer, and all i can say, senator, is that when gm asked me to create a fund and for us to administer the fund, they made it clear the only models where this problem and the context of the problem gave rise to this special compensation on these models, and as with 9/11, and with bp, i must abide by that delegation of authority. >> let me move, then, to another
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topic. i can tell you about instances where the air bags deployed and the crashes resulted from this defective ignition situation. the hypothetical scenario we have been discussing here is a real fact. i've talked to people who drove those cars, they stalled, and they were able to turn them on, and i can present to you specific instances of crashes. will you consider them and make refunds? >> i want to see those claims. i've talked in the last three or four months to automotive engineers, to lawyers, to gm officials. i think it is such an unlikely possibility, despite -- but if it is, i'd like to see that claim. i would. >> let me just close with this thought, and -- the observation
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made by chairman mccaskill about the lawyering here. lawyers typically are supposed to be the corporate conscience. the ones who make sure that corporations comply with the law in spirit and letter. here, the lawyers for gm actually enabled coverup, concealment, deceit. and even fraud. and i believe, although we use the word "appeared" as lawyers all the -- "alleged" the criminal investigation will find cuppability on the part of the lawyers, would you agree as someone would has an member of this profession with great distinction for a long time. the lawyers here failed the public --
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>> i agree that the lawyers worked in the public interest, or should. i don't know enough about the underlying circumstances that give rise to this to make an official on the record decision about the lawyers in this case. i just don't in know the answero that question. >> thank you. >> thank you. >> senator baldwin, welcome. here as a special guest of this committee today, and we welcome you, and welcome your questions. >> thank you, chairman mccaskill and ranking member heller for allowing me to join you today. i'm not a member of the commerce committee, but i have had discussions with family members and let me just chair by way of an opening statement that on the night of october 24th, 2006, three girlfriends, natasha, who you heard about earlier from senator klobuchar, elaine, and
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megan, were returning from a trip to a wal-mart in a border county between wisconsin and minnesota. they were heading east on highway n in a 2005 chevy cobalt that suddenly lost we're. the steering wheel locked and the car careened into a telephone pole and the air bags never called. the accident killed natasha and amy and left megan seriously injured. as you heard from center lobe share, natasha was a goalie on her hockey team and her parents could count on one hand the numbers of times they had seen her in a dress, and she also had an artistic side. the first thing that comes to mind when amy's parents, teachers and friends remember her, is her laugh. it was infectious. and once she got going, her
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whole class couldn't help but join in. she loved playing with her nieces and nephews and deemed of one day opening a daycare to work with kids professionally. officer keith young, a member of wisconsin's state patrol technical reconstruction unit, was one of the first officers to arrive on the scene that night. a 20-year accident construction veteran, officer young was able to correctly identify the cause of the crash, that the ignition had been turned from the run to the accessory position. shutting off the car's engine and disabling the air bags. officer young sent his report to the national highway traffic safety administration, nhtsa, and subsequently to gm. despite the careful analysis, neither it nhtsa nor gm took action. for the parents of these
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wisconsin girls-this hearing, of course, is of little solace. nothing we do here today can repair the damage that has been done. the best we can do is work to ensure that no other family has to endure what they have, so i again thank the chair and ranking member for allowing me to join this. mr. feinberg, for you i only have one very simple question, hope. one of the victims in the october 2006 accident was sitting in the back seat of the car. her family expressed concerns to my staff in preparation for this hearing, that gm did not consider this victim one of the official 13 victims because there is no backseat air bag that could have then failed to deploy. mr. feinberg, can you shed some light on if the back-seat passengers will be included in this compensation program?
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>> the answer is, absolutely, yes. not only the back-seat passenger. pedestrians are included. occupants of a second vehicle that collide with the defective vehicle, all included, all can file a claim based on your summary sounds like a very eligible claim, whether you're odriver, passenger, pedestrian, or the occupant of another vehicle, all eligible to file under this program. >> thank you. >> thank you, senator baldwin. i just have one question, and then we need to move ton the other panel because we have a series of votes at mid-day. mr. feinberg, there's no punitive damages in this, and this is a very difficult and gut-wrenching decision for lawyers. so i want to make sure i understand this procedurally. if, for example, a victim from missouri is 81 years old, obviously her damages in terms of compensatory are going to be smaller because she was nearer
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the end of her life. her case is such that i think factually, there would be a strong case for punitive damages. if she files a claim and gets an award from you, is she then obligated to take that award or can she leave it on the table and allow her attorneys the opportunity to litigate the issue as to whether or not her claim can still be heard because of misrepresentations that were made in bankruptcy around the gm bankruptcy filing. >> if i understand your question, the claim will -- the compensation will remain on the table for 90 days, during which time the claimant can decide whether to accept the compensation, release her right to litigate for punitive damages, or decide, nope, i think i'm going to go the litigation route and try and get not only compensatory damages
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but punitive tajes as well. that's entirely at the option of the claimant. >> really a terrific choice for a lawyer, which i know you appreciate based on your background, because typically the bar to overcome a bankruptcy decision as to what claims are discharged is disto overcome because you have to show that there was fraud. and that is a high bar in the law. on the other hand, it seems hollow, i think, to many of these victims' families that just because their loved one was at a certain age or a certain income level, general motors will really never feel the brunt of what punitive damages are designed to do, and that is to penalize a corporation for exactly the kind of conduct that was present at gm. i'm sure you acknowledge this is a very difficult decision for these families.
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>> i do acknowledge that. now, of course, you and i can agree that if a claimant decides that 100% compensation leaves open the question of a punitive damage verdict against gm, there will certainly be some lawyers and some claimants who will opt to seek punitive damages. so, it's not as if a claimant who comes into this fund and decides to accept full compensation -- it's not as if there is no option for somebody else to go and seek those punitive damages. i think one way or the other, your hypothetical is true, senator. somebody is certainly going to go after gm for punitive damages. it's just under the hypothetical, wouldn't be this claimant who decides, i want 100% of this money right now. >> i understand, and i just wish that we could leave this open longer so there would be time for that tissue be litigated. -- that issue to be lit gated
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so lawyers are makinged a vase based on decisions the court had made. >> you know how long that would be. if there is going to be litigation over punitive damages, you're talking about years and years of uncertainty in that regard. >> i understand that. thank you, mr. feinberg. >> thank you very much. [inaudible] >> we'll move the name tags. if you want to sit where you would like to sit and we will make sure the name tags get in the right spot. >> thank you.
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if you could take your seats. we're under a time constraint here, which i know you hate to hear. [inaudible conversations] >> we will begin the second panel of this hearing, and i want to make sure that the members of the committee know, and the public knows, we'll have another followup hearing dealing with nhtsa. the reason nhtsa is not on the panel today is because we're planning a hearing. we have to look at the reauthorizes of the national highway traffic and safety administration and we want to look at the highway safety proposals in the coming weeks so we'll cover nhtsa at that time. thank you all for being here very much and we'll begin with your testimony, mr. milliken.
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>> senator mccaskill, ranking member heller and members of the committee. before i begin i want to say to shows who lost loved ones and those who were injured, i am deeply sorry. i know we as a company, and i personally, have a responsibility to make sure this never happens again. i am the general counsel or general motors company. i've worked for gm for 37 years. prior to that it was an assistant u.s. attorney and before that it clerked for the honorable vincent brennan of the court of appeals. the investigation revealed the failures behind the ignition switch re-call, including failures -- when miss bar r today before the committee on april 2, up number of you raised serious and important questions about the performance of the legal staff. and our responsibility in this
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tragedy. as general counsel, i'm ultimately responsible for the legal affairs of the company. and i'm here today to answer your questions. i first learned about the ignition switch defect in february of this year. i immediately took action. i wish i'd known about it earlier because i know i would have taken action earlier if i did. we had lawyers at gm who did not do their jobs. didn't do what was expected of them. and those lawyers are no longer with the company. i have taken and will continue to take steps to make sure something like this never happens again. the report contains detailed recommendations for how the legal staff, a improve and serve a greater role in meeting gm's commitment to safety. i'm assured the implex of each and every recommendation and have made and will continue to make other changes to help improve. i have directed that before any settlement or trial of a case
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involving a fatility or serious badly injury, the case be brought to me for my personal review, with a focus on open engineering issues. i have re-organized the legal staff to foster sharing of information and the identification of emerging trends, including elevating a senior attorney to be the chief legal advisor to jeff boyer, vice president of global safety, with a direct reporting line me and another reporting line mark royce, executive vice president of global product development. i have supplemented existing legal sources with attorneys from two outside law firms to make sure that we have the proper level of engagement. i've also appointed a well-respected outside law firm to conduct a zero-based review of our litigation practices. finally, i've met with the entire u.s. legal staff to discuss the report findings and to set high expectations for the staff going forward.
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these changes and others will nut greater transparency and information flow on issues of safety within the legal staff as well as the team of legal staff and the company generally. and i'm committed to make sure that i, and gm's senior management team, have a full line of sight into all safety-related matters. gm's legal staff is compliesed of hard-working, dedicated professionals of the highest integrity. they strive daily to help global gm work in a lawful and ethical matter. the express deep regret because of the actions and inactions of some individuals within the company, including some on the legal staff, who failed the company and our customers. the gm legal staff is dedicated to helping gm become the leader in automotive safety. we now have to correct our mistakes, and we are. but this is only the beginning.
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all of us at gm are committing to setting a new industry standard for safety, quality, and excellence. we must do better. we will do better. i am personally committed to this. thank you. >> thank you. miss barra. >> when i first appeared before you we were in the earliest stages of the ignition re-call. i promised you i would get answers and be fully transparent. i also said i would not wait to make changes. i understand six mistakes that led to the ignition switch re-call are well underway. as a result we're building a stronger company that places customers and their safety at the center of every aspect of our business. and in a town hal meeting before thousands of gm employees emplod several thousand more around the
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world via satellite, we accepted responsibility for what went wrong. i told the men and women of gm that our actions would be guided be two clear principles. first, we would do everything in our power to make sure this never happens again, and we will do right for those who were harmed. it is on this very important point that i want to begin. i want to recognize the families who lost loved ones and those who have suffered physical injury because of these mistakes. to each of them, i extend my and our gm employees' sympathies. we will not forget them. nor the special responsibility we have to them. we are committed to treating each of them with compassion, decency, and fairness. that is why ken feinberg will independently administer a compensation program. mr. feinberg has talked about his compensation program. it is, howeverring are worth noting that he has complete and
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sole discretion over all compensation awards to eligible victims, and this is very important. there's no cap on this program. as i stated earlier, we want to do all that we took make sure -- to make sure this does not happen again. we created the program as a response to a unique set of mistakes. the report was only a start, and many changes were in motion even before we received the findings of the report. i will use the report's findings and recommendations to attack and remove the information silos wherever we find them and to create an organization that is accountable and focused on customers. i'm committed to acting on all of the recommendations contained in the report. action wes have already taken include, elevating safety decisionmaking to the highest levels of the company. i've created a new position, vice president of global safety. he has full access to me.
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we removed 15 employees from the company. some for misconduct, and incompetence. others because they didn't take responsibility or act with a sense of urgencies. we instituted an encourage safety program that encourages employees to bring potential safety issues forward quickly and we have investigators to identify issues much more quickly. we have aligned legal staff to help assure greater transparency and information sharing among the staff and across all business units around the globe. and most importantly, we created the product integrity organization, which brings a complete systems engineering approach to the safety of our vehicles. overall we're dramatically enhancing our approach to safety. you can see until the aggressive stance we're taking on recalls with the redoubling of our evers. we're bringing greater rigor, discipline and urgency to our
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analysis and decisionmaking. we're mining every source of data available to us from the factory floor, warranty information, customer calls, legal claims, and social media. we are not waiting to see if a trend develops or updating spreadsheets. we want our customers to know when we identify an issue that could possibly affect their safety, we will act quickly. yes, we have re-called a large volume of past models, a result of our exhaustive review out of the ignition switch re-call but also conducted 12 rerecalls of less than 1,000 vehicles in four of less than 100 this year. this demonstrates how quickly we are reacting when we see a potential issue. i also know that the recent efforts and the current frequency of re-calls have garnered considerable attention, but placing the highest value on customer safety is what our employees want to be known for. we want stand as the company that is setting the new industry
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standard for safety. our employees will not forget what led to the ignition switch re-call but they also don't want to be defined by it. after my town hall, could hear it in their voices, i could read it anywhere messages -- it in their messages. they're all in to make this a better company. i believe in them, and together we have been working hard over the last few months to address the underlying issues that caused this problem in the first place. since that town hal i have been inundated with calls and e-mails from employees telling me they're more motivate than ever to make gm the best possible company for our customers. this is our mission, and i won't happen overnight but i can tell you we are holding each other accountable to do exactly that. we are 100% committed. i appreciate the opportunity to be here today and i welcome your questions. >> thank you, mr. barra.
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mr. o'neill. >> thank you. chairman mccaskill, ranking member heller and members of the subcommittee, thank you for inviting me here today to testify. my name is rodney o'neill and i'm the chief he cantive officer and president of delphi automotive. first and form most, on behalf of delphi, want to express our profound sympathies to the victims and their families. people were hurt. and lives were lost. we must work together to avoid tragedies of this nice tour going forward, and this -- that's it in tour going forward and this subcommittee is part of that effort. i appreciate the opportunity to address important issues we're considering. we fully support your efforts. i would like to discuss today three main points. first, delphi's efforts to provide replacement parts and support general motors in connection with the re-call.
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second, our cooperation with the subcommittee and other governmental bodies as well as gm, and, third, the review and reinforcement of delphi's key product engineering safety policies and procedures. now, with regard to my first point, i'd like to provide some information pertaining to delphi's production of replacement parts for general motors. the vehicles that were re-called were went out of production several years ago. as a result there's been a monumental task to build over million switches in a matter of months. we ordered new tooling, installed three new production lines, and we trained additional workers. at this time we have shipped over 1 million new switches, and we're on track to deliver more than two million switches by the end of august. we have done all of this so the consumers can have their vehicles repaired by gm as quickly as possible mitchell
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second opinion is that delphi fully supports the sub committee others efforts and those of the house energy and commerce committee and other governmental bodies. our support has included conducting an exhaustive review and providing relevant documents and meeting multiple times with staffs of the subcommittee and several agencies, and in addition we have cooperated with general motorses in the re-call and its investigation, and our cooperation includes entering into a reciprocal document sharing agreement and we have provideed relevant documents with the agreement. lastly, we have conducted a tour re review of our -- thorough review of our current pom skis procedures related to safety which we believe are robust and we're continuously working to improve. for example, at my direction, we have ian force our global engineering team the importance
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of raising safety concerns so they can be handled properly. we have strengthened our procedures to ensure that safety concerns are communicated across all relevant functions within our company and that includes reports to senior management and customers, and we are committed to acting upon all such concerns in a timely manner. the industry has created a new standard to focus on how these complex safety systems work together instead of part by part. we support this new standard, and given what we have learn from these tragedies, this new standard should be very helpful going forward. my written statement provides additional details. and i will be pleased to address any questions you may have. again, thank you for this opportunity to testify today. >> thank you, mr. o'neal. >> thank you. chairman mccaskill, ranking member heller, and members of the committee.
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thank you for asking me here today to testify about the cobalt ignition issues. in march of this year, general motors' board asked me to determine why it took so long to re-call the other can cobalt and other vehicles that contained the faulty ignition switch. my explicit mandate from the board was to provide an unvarnished report has to how and why that's occurred, pursue the facts wherever they took us and to put those facts into a report. ...
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>> in that research in terms of the investigation, we have looked at every ceo and all of the engineers and we have used search terms to produce documents of any kind which might relate to this issue. so no one was exempt. i will now summarize the report and i will note that among the issues that we specifically examined are the issues are the topic of this hearing. accountability and corporate culture. we asked questions from thousands of dozens of witnesses from top executives align engineers about these topics and we examined the decision-making processes that we can be
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ignition switch issues and whether there were broad cultural issues that contributed to to that delay recall. the story is one of a series of individual and organizational failures that led to devastating consequences. throughout the decade the them time and there was a lack of accountability and urgency and a failure of personnel charged with the safety of the company's vehicles to understand how general motors vehicles were manufactured. in our report we reviewed this, including cultural issues that may have contributed to this problem. at the board's request we provided recommendations to help insure that this problem would not occur again. i'm happy to take your questions and i thank you. >> thank you and i want to say that many members of this committee have worked very hard in preparation for the hearing
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and it would be terrific if we could get questions in, i would ask everyone to be very respectful. if i say the time out loud, maybe i will be better so we can try to get to rounds of questions and before we have to leave for vote. okay, so spending time on this first round with you. we want to make sure that everyone understands what punitive damages are. and what they are, for lawyers that is a pointing red light and i'm sure that you understand that they are designed to punish corporations or people for conduct that is outrageous and egregious. it is a method by which justice can be done by punishing bad behavior and the pattern was emerging at general motors for almost a decade about these cars and there was some confusion because of deceit on the part of
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at least one engineer. but in october of 2010, your lawyers and this was on a plaintiffs lawyer that was out there making a frivolous lawsuit, lawyers that you hired said that you are possibly subject to punitive damages over the way you have handled this problem and that was in october of 2010 and i believe that you were the general councilman. >> that is correct. >> again, in july of 2011, your lawyers told you that there is a potential for punitive damages because of this factual scenario and you are also the general councilman. >> that is correct. at that point in time lucy clark
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gordy in july of 2011 was general counsel for north america. is that correct? >> yes. >> believe that she began up a position in march of 2011. >> i think it was in 2012, but i could be wrong. >> my documents in march of 2011. then in april of 2012, another one of your outside lawyers warns that your department, that you are subject to punitive damages, which could be millions of dollars with a corporation the size of general motors. at that time lucy clark gordy was general counsel for north america. so again, in april 2013, almost the same time that you had this bombshell locked where digiorgio was confronted with a basic engineering task that had been
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done, showing the switches have been twitched out and changed and the part had been changed and once again you are one about punitive damages. >> that is correct. >> so you have a legal obligation to report it liabilities to the securities and exchange commission. did you ever do that about this issue remapped. >> on the issue of this? >> on the issue of the surrounding it. have you ever reported it to the fcc? >> not up until the time that this became known. >> i'm talking about from the time that i knew and excluding that, no, we have not. >> subsequent to that we may have made a filing about the ignition switch recall and that is correct. >> and what about the legal obligation to inform the board of directors. were they aware that you they
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were telling you this car would cost the punitive damages? >> they were not. >> and what about financial reserves. were you entering the financial reserves necessary to cover this liability which is your obligation? >> we were not entering any reserves to cover the punitive damages. no, we were not. >> okay, so i don't get how you and lucy clark gordy still had your jobs. can you explain that to me? >> i think you done a lot of good work since he took over, as i said in my opening statement, you have handled this with courage and conviction. but for the life of me, this is either gross negligence or incompetence on the part of the lawyer, the notion that he can say that i didn't know. >> senator, i respectfully disagree, as you know, i have a promise to fix what happened in the company and make sure that we are dedicated to safety and
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excellence and we are well on our way and we have made a significant change to do that and to do that i made the right team. mike is a man of high integrity and he has tremendous global expense as relates to the legal profession, he's the person that i need on this team and he had a system in place but in this instant instance it was not brought to his attention and frankly by people who brought many other issues forward. he is a man of high integrity. >> so there is no system in place that your lawyer said that you didn't get it to your desk? house that not incompetent? how can you not have a system in place that you are at least, as lucy, that we have our lawyers telling us within a couple of years something you had not even talked about calling punitive damages. how can you have a system in place that doesn't account for that. >> we haven't seen your lawyers that have been information who
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didn't bring it forward and who are no longer what this company. >> device with the company and she has a knowledge. >> as we went through the details of the report very carefully, and i would say when in doubt we reached further to take action, there are many lawyers that are no longer with the company. >> my time is up, i think there's been a blind spot, i think the failure of the legal department is stunning and the notion i mean, you look around the government and when something like this happens, secretary eric shinseki didn't know about those problems with scheduling and nobody told him. and he is gone. >> madam chair, thank you. i want to thank our witnesses for being here and taking the tough questions. thank you for being here also. completing the circle here, i would like to ask you a couple of questions regarding your products. and i don't have a lot of time.
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so the complaints, as they started piling up in the mid-2000 on your product, we have conducted part of this to determine whether your part is at fault. >> we were not aware of this, of this situation and that until february of this year of 2014. >> so if you didn't know until february of this year, obviously not. is there any reason to believe that anyone in the company may have known? >> and the exhaustive reviews that we have done with our documents and after talking with individuals, it was clear that the delphi team, in working with the general motors team on this particular situation, we were
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very concerned about customer satisfaction and quality issues. >> is there a possibility that an individual in your company simply didn't take it to the top? >> we will need, we looked very hard, there's no evidence of that because it is quite clear the mindset was based on information that they were given and they were working on quality issues and not safety issues. >> did anyone raise concerns about keeping this the same with these individuals or was that a decision at gm? >> standard protocol and are in the tree is that the original equipment manufacturer, in this case general motors, they determine the part number and they control that part number, so if there is, if that partner is ever to change, the car manufacturer would dictate that
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change. >> do you feel that you shoulder the responsibility, sir? >> well, let me explain some very important information and i think it would lead to that discussion of an answer for you. we had a product that we worked with at general motors to develop and that was the switch cannot switch had a certain set of requirements. often when we work with the customer and general motors in this case, those are ireland's that can become more stringent or stay the same and in this particular case they were made less stringent to me what mr. de luca said, the very european-style switch. so hence the lower torque which was ultimately approved by general motors in that part met the requirements that were
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dictated. they then met with a subsystem called the ignition switch. >> do feel that delphi acted responsibly? >> our product met the requirements. >> no responsibility? >> no. >> okay, seleucus, i understand that there was an agreement that wasn't as forthcoming as he would've liked it to have been. using the limited information he received and their employees prevented you from providing a complete report? >> no, i believe having had the chance with the extra six weeks and looking at what we have, i think the report is complete and uncomfortable that the delphi aspect, that we have that information. >> we have do we have any other information that is relevant? >> no, we committed to an
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earlier committee that we found something different, if there's anything factually that we learned that would alter the report in a significant way, that we would supplement the report. and i would make a commitment to this committee. but right now i believe that everything that we could no about this issue, we put forth in that report or a supplemental letter. >> you feel that delphi shoulders and a responsibility? >> that is a legal question and i can tell you that we at general motors approved this switch, knowing that it was the low torque values and that was what the gentleman gave to delphi and they switched it in accordance with that approval. >> do believe that they shoulder and he responsibility of the third team that's? >> where the company that is
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responsible to integrate products the product into the vehicle, so it's our response to what he. >> thank you. >> thank you, madam chairwoman, take you to all of you as i spoke earlier. one girl was going 70 miles per hour into a grove of trees in wisconsin and this story is not just tragic because we have constituents and it's tragic, but it turns out to be an important part of the report in terms of what happened here. in this case in wisconsin state trooper conducted an investigation himself after the crash until he made the link between that effective ignition switch. it cracked the code that seem to have abated gm's engineers and lawyers for years and he wrote in his report and this report was in their legal department as
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of february 2007, he said that the two front seats airbags did not deploy and it appears the ignition switch had somehow been turned to accessory prior to the collision with the trees. and this, did you interview people about this report and did you figure out why no incidents had read it in gm? >> what happened with this report is that the reporter, and i believe it quickly analyze the situation back in 2007, it was collected by jim is part of this isys report, which was the claims administrator putting into what is called a rumor file. at some point it was accessed by a paralegal who then sent to this part of the thread of responses. at no point had we had distributed by outside experts or was it access between then in march of 2014 when the
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investigation was undertaken. so during that time it was in those vials and no one looked at it other than back in 2007. >> so this is like an official state to the report. so i think there's also an indiana university study and they were commissioned to look at this crash as well and is that also in the final? >> no, they actually did not even have that even though it was publicly available, gm did not gather that information and that was not something they had until 2012 when an outside expert made it available as part of their reported. >> back to the troopers report, how could it be that for seven years you are trying to figure out we're starting to see all of these non-employment cases that no one saw these reports and looked at them. >> i think what you're seeing is an example of what his report
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identifies and that is actually this document that was not one that was searchable that people would use normally. it's my understanding from this report. and we are doing what we can to make sure that we do have this on a going forward basis. it's a tragedy that cannot happen again. i'm making sure that we make the changes that we need to. >> i do appreciate that you have come forward and have been a front end set up the compensation fund and as i said, we will not know if justice is done until we see the outcomes are. and i appreciate the work that has been done. so one of the things that mr. lucas wrote, although everyone had responsibility to fix a problem, nobody took responsibility. a top executive described in is when everyone nods in agreement
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to a proposed plan of action when this happens, but then leaves the room and does nothing about it. so what concrete steps have you taken to be able to implement to get rid of what we call the gm nod and how you ensure that you move from this culture of diffuse responsibility to define responsibility? >> i would like to say in my career at it, i've never accepted it and it's not appropriate. we make a very complex product and it's important that all voices are heard. so the way the change culture is by demonstrating the behavior and making sure people understand what your expectations aren't calling them out when they don't, another demonstrating that, both on my leadership team and my direct leadership team who is 100% committed to that. and i have talked openly about it. when i talk to our employees openly after i read the report,
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which i found deeply troubling, i told him them that and i told him that that behavior was unacceptable, but the true change would be by behaviors. i'm intent on making sure that the right behaviors or continue going forward. >> thank you. >> we have a custom in this committee that when the chairman of the ranking member shows up, he can cut in line. so i'm going to abide by that because it can be an absolutely appropriate custom. >> that makes you really popular, madam chairman. [applause] >> i appreciate and i thank you and i think both you and center for holding this hearing and staying on these issues because it's really important that we examined the developments following this recall issue and i know you have been working very hard and we have all shared the desire to this going. gm has admitted that failed to
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report the safety related defect in a timely manner and the internal report prepared by him expresses the failure of accountability of oversight and urgency of engineering and as we all know, the delays can cost lives i know that i expressed my deepest and these to those who were injured or lost loved ones and i guess the question that i have today, and i welcome the very public steps you have taken to address the needed changes within gm, some that you discussed in your written testimony, i am also reminded of statements that your immediate predecessor also discussed in his efforts to create a culture of accountability at gm following their bankruptcy in federal bailout.
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the gentleman uncluttered many troubling findings among gm's senior managers and my question is with these, is assigned a cultural change has yet to take hold? >> i think it happens overly long. lack of time by leadership action my with say that the gentleman did extensive work to make sure he drove accountability on the right behavior and i think that we are on a continuum of making a cultural change and i would say that we are accelerating that with the work with an open and transparent way that we are dealing with this issue and sharing it with employees and they want to change and make sure that we have the right systems and processes in place. the gentleman started on that journey and is continuing and accelerating. >> so how do you plan to measure the change? >> you know, from a safety
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perspective, we have already broken down the silos and we are mining data and using some of the latest data analytic techniques to make sure that we have the latest information. we've engaged employees than they are participating. but i would also say that we do it work ways of choice survey every 18 months and we've seen improvement and that would be another key way to make sure that we are driving the right openness and i can tell you that i did hundreds of e-mails from a weekly and monthly basis and they are engaged and that is the best sign because its actions and not words are going to change it. >> what role the think that they have in changing the culture? >> i think it's a clear state of hell the company should operate with me as a ceo to make sure that we are living up to expectations. >> i would like to talk about
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this report, the ignition switch appears to have been plagued with electrical and mechanical problems both. problems that include having the lower torque than specified. gm documents from 2001 the least white house energy and commerce includes the upset is a dealing with these delphi switches and their ability to i dignify delivery of parts for testing purposes. taken together this evidence with them to indicate the problem was greater than we would initially be led to believe, now that the ignition switch issues come to light, have you gone back and reviewed these concerns and determine what they will do in the future? >> we did go back and look extensively at the documentation and we found nothing that was
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abnormal in terms of product development and also what you run into as you move from development to production and etc. so as i've read our product met the requirements and it entered and ignition assembly system that had other products our product the acquirement and when they come together they form a system and as was said earlier, making sure that those products work in total harmony when they come together and so we've gone back and understood that.
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and so this includes part by part and we totally embrace that and we are diligently with general motors. >> in 2006 they change the ignition switch and is it a common practice? >> in 2013 we have about 120,000 changes, engineering changes and only about 40% of those had an actual change. >> thank you very much. >> senator blunt? >> thank you. in your report, under the legal
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team know about this problem? when did they first learn of the fact that they had airbag women issues? i think that if you go back it probably would've been in the range of 2007 and it was called to their attention and they began an inquiry about that to the investigator assigned by the gm legal team and when did they know about the ignition switch problem? >> it developed over it. lack of time and as i have said, this matter was being called to their attention in the two may have been as early as 2009 or 2010. >> how long have you been the chief counsel? >> of the middle 2009. >> when did you first find out? >> i've been with the company.
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>> see where any legal side of the company before that? >> yes, sir react when did you find out about these two. >> the first week of february of this year. >> how is that possible that no one would've told you before the first week of february this year >> this and talking to other lawyers who have had involvement. there's a lot of a connection made in this non-deployment of air bags. and i think it all came together for the lawyers at the time of the deposition in 2013 and this includes people who can take action caused the organizations to take action. they did not, that was tragic, it's been brought to my
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attention at that time. >> from the time that they have taken action until now. >> i'm basing it on the data and i believe that was in april of 2013. >> i'm going to ask predominance while but will this kind of probably allowed to happen again and what will be the ability to prevent that from happening again? >> before any case can be settled were taken to trial, involving a fatality or injury coming to me regardless of the amount of the element proposal, i want to brought to me with a full explanation of the case and a focus on any open engineering issues so that i have an opportunity to take these issues if they're not being properly addressed. >> is there any way to trigger
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this if you have a fatality? >> there other things that i've done to make sure there's a flow of information that would also bring to my attention cases on a more regular basis. >> is it your view that changes have been made that would prevent what has happened from ever happening again? >> i believe that the answer is yes and one of the things that has happened here is the flow of information which are able to identify in this instance, the trends so that the engineering department was in acting on it and the legal department would be in the position to push that enforce that take place. >> have employees been let go because of this? >> you have to address that. >> are any of the employees challe
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