[Congressional Record Volume 156, Number 61 (Wednesday, April 28, 2010)]
[Senate]
[Pages S2759-S2760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER:
  S. 3268. A bill to amend title 49, United States Code, to prohibit 
individuals who have worked on motor vehicle safety issues at NHTSA 
from assisting motor vehicles manufacturers with

[[Page S2760]]

NHTSA compliance matters for a period of 3 years after terminating 
employment at NHTSA, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mrs. BOXER. Mr. President, last August, California Highway Patrol 
Officer Mark Saylor, his wife, 13 year old daughter, and brother-in-law 
were killed in a tragic car accident that shocked the community of San 
Diego and the nation.
  Their vehicle, a rental Lexus ES350, reached speeds of 120 mph as the 
family desperately called 911 in vain for help. This tragedy should not 
have occurred, and sadly, it is just one of many examples across 
California and the country of accidents involving Toyota and Lexus 
vehicles.
  These accidents raise serious questions about the effectiveness of 
the recalls and whether Toyota and federal regulators at the National 
Highway Traffic Safety Administration, NHTSA, took appropriate and 
timely action to protect the public.
  At the Senate Commerce Committee hearing on the Toyota recalls this 
past March, I called attention to reports that former NHTSA employees 
now employed by Toyota worked to limit Toyota's recall. In fact, 
Toyota's own internal documents stated that the company had achieved a 
``win'' by ``negotiating an equipment recall'' on the Camry and Lexus 
ES vehicles that saved Toyota $100 million. It is a shocking example of 
a company counting profit wins at the expense of the public's health 
and safety.
  The revolving door that exists between government regulators at NHTSA 
and the auto industry is unacceptable, and it puts consumers at risk. 
In fact, the Washington Post reported that as many as 33 former NHTSA 
and Department of Transportation, DOT, employees continue to work on 
vehicle recalls and safety compliance, capacities that deal directly 
with NHTSA's oversight authority over the industry.
  That is why I am introducing the Motor Vehicle Safety Integrity 
Employment Act, to end the revolving door that exists between our 
vehicle safety regulatory agency--NHTSA--and the auto industry.
  My bill prohibits NHTSA employees from working for auto manufacturers 
for three years in any job that involves written or oral communication 
with NHTSA, representing or advising a manufacturer with respect to 
motor vehicle safety, or assisting a manufacturer with responding to a 
request for information from NHTSA.
  This restriction applies to high ranking NHTSA officials, as well as 
any individual whose responsibilities during the last 12 months at 
NHTSA included administrative, managerial, legal, supervisory, or 
senior technical responsibility for any motor vehicle safety-related 
program.
  My legislation provides penalties for individuals and manufacturers 
who violate the law. Manufacturers are subject to fines not less than 
$100,000 and the amount equal to 90 percent annual compensation paid to 
that employee.
  Finally, our bill requires the Inspector General to conduct a 
comprehensive study of DOT's policies related to post-employment 
restrictions for employees who handle motor vehicle safety related work 
beyond NHTSA at DOT, and DOT employees who handle all safety related 
work across all transportation modes. My legislation gives DOT the 
authority to take appropriate action as warranted.
  We need to ensure that consumer safety is not compromised by cozy 
relationships between government regulators and industry. I am proud to 
introduce this bill to protect the public and look forward to working 
with my colleagues to enact this legislation as quickly as possible.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                   April 27, 2010.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer; We are writing to strongly endorse the 
     Motor Vehicle Safety Integrity Employment Act you are 
     sponsoring that will close a legal loophole concerning post-
     government employment in the auto industry by former 
     government personnel of the National Highway Traffic Safety 
     Administration (NHTSA). Congressional hearings and media 
     investigations into high speed crashes and deaths caused by 
     unintended acceleration, the premature closure of agency 
     defect investigations and the subsequent recall of ten 
     million vehicles by Toyota Motor Corporation exposed a 
     revolving door of former NHTSA regulators representing the 
     automaker in safety matters before the agency.
       Activities by former NHTSA employees who are subsequently 
     hired by automakers have the potential to jeopardize the 
     agency's investigations, rulemakings, and oversight 
     functions. These ethics issues need to be corrected and 
     addressed in legislation. It is essential and expected that 
     NHTSA conducts impartial analyses of all vehicle safety 
     issues. It is critical to protect the integrity of the 
     agency's investigatory and enforcement role, as well as to 
     ensure public safety when the agency sets safety standards. 
     Your legislation is needed in order to restore the trust of 
     the American public in our government regulators and ensure 
     the safety of millions of vehicles that families depend on to 
     travel to work, transport children to school and to bring us 
     home safely.
       Your legislation, when enacted, will prevent undue industry 
     influence in the agency's enforcement and regulatory 
     decision-making and address an unacceptable defect in current 
     ethics restrictions for former NHTSA employees. Thank you for 
     your leadership.
           Sincerely,
         Joan Claybrook, President Emeritus, Public Citizen; 
           Clarence Ditlow, Executive Director, Center for Auto 
           Safety; Janette Fennell, Founder & President, KIDS AND 
           CARS; Rosemary Shahan, President, Consumers for Auto 
           Reliability and Safety; Ami Gadhia, Policy Counsel, 
           Consumers Union; Jacqueline S. Gillan, Vice President, 
           Advocates for Highway and Auto Safety; Jack Gillis, 
           Director of Public Affairs, Consumer Federation of 
           America; Andrew McGuire, Executive Director, Trauma 
           Foundation; Ellen Bloom, Director, Federal Policy and 
           Washington Office, Consumers Union.
                                 ______