[Congressional Record Volume 163, Number 185 (Monday, November 13, 2017)]
[Senate]
[Pages S7178-S7179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   University of Miami Football Team

  Mr. NELSON. Mr. President, I rise to speak on the nomination of 
Steven Bradbury, but first I want to speak on a much lighter subject, 
the reason that I wore this orange tie. The University of Miami 
football team has a perfect record. This is hearkening back to the 
glory days, and I will tell you why I do this.
  My neighbor and one of my best friends, Cortez Kennedy, who was 
originally from Arkansas, was the defensive player of the year for the 
national companionship team in 1989 at the University of Miami. Then, 
he spent 10

[[Page S7179]]

years with the Seattle Seahawks, and he was an NFL Pro Football Hall of 
Famer.
  I am doing this for my friend, Cortez Kennedy, whom we lost 6 months 
ago to a heart attack, much too early, at the age of 48. What a Miami 
fan he was, and how proud he would be now of his cherished University 
of Miami football team and the perfect record they have thus far.
  Mr. President, now I speak to Steven Bradbury. We have seen real 
trouble signs lately in the transportation safety area. Last year was 
the most deadly year on the highways in nearly a decade. Over 37,000 
people were killed in highway accidents in 2016, an increase of 5.6 
percent over the previous year. Many of those fatalities were 
preventable and were caused by people not wearing seatbelts or driving 
under the influence of alcohol or drugs or distracted drivers.
  We need leaders in the Department of Transportation who are willing 
to speak up and take action to reduce these highway deaths. We also 
need leaders who embrace a safety culture and ensure that defects in 
automobiles are quickly addressed.
  Let me talk about something that is one of the most egregious defects 
that we have heard about--the Takata airbag fiasco. It has caused 16 
deaths and 180 injuries worldwide.
  This came to my attention several years ago through the Orlando 
Police Department in what was thought to be a fender bender in the 
middle of a traffic intersection. By the time they got to the driver of 
the car, they thought it was a homicide: Her throat had been slit, and 
she had bled to death. But, indeed, a Takata airbag had exploded--a 
defective airbag--and all the metal surrounding the housing of the 
airbag. The defective material exploded with such force, it was as if a 
grenade exploded right in the face of the driver.
  There have been 16 deaths and 180 injuries worldwide. It was a fender 
bender for the lady in the middle of the intersection, but the airbag 
exploded and sent metal shards into her neck and cut her jugular.
  A big, strapping, very muscular firefighter had a Takata airbag 
explode in his face, and he doesn't have a left eye anymore. He can't 
be a firefighter anymore.
  These are just two that happened in my hometown of Orlando.
  Many of the deaths we have seen in the Takata airbags are due to pure 
neglect, but it is also true that Takata covered up critical defect 
information. Information has come to light that engineers at Takata 
kept it from becoming public--these defective Takata airbags--when, in 
fact, they knew they were defective. On top of that, the regulator--the 
National Highway Traffic Safety Administration--did not react quickly 
enough.
  This brings us to the fact that we need people in the Department of 
Transportation who will take a strong stand for safety, and that brings 
me to the nomination of Steven Bradbury, who is up for general counsel. 
Indeed, he has had a lengthy legal career, but far too much of his 
legal career involved working against the interests of safety.
  For almost 2 years, Mr. Bradbury represented Takata in its response 
to our Senate Commerce Committee and in the NHTSA investigations. 
Naturally, when he came in front of our committee, I asked him if he 
would recuse himself from all matters involving Takata if confirmed to 
this position because he had represented Takata as their lawyer for 2 
years. But listen to what he said. He said that while he will recuse 
himself from Takata airbag matters, he has not agreed to recuse himself 
from all Takata matters, such as their pending bankruptcy. Wait a 
minute. Are you going to recuse yourself from the client you used to 
represent or not? He in essence said he is not.
  In Mr. Bradbury's legal career, he has also represented several 
airlines in antitrust and consumer proceedings--and I emphasize 
consumer proceedings. It is hard for me to see how he will put that 
past representation aside and work for airline consumer protections. 
For example, if you check a bag and it gets to you late, you at least 
ought to get your bag fee refunded. In the Commerce Committee, we were 
able to get that into last year's FAA reauthorization bill, but it is 
another potential conflict.
  Drivers and consumers need champions at the Department of 
Transportation. Unfortunately, I believe Mr. Bradbury has not 
demonstrated the ability to put consumers first; therefore, I will 
oppose his nomination.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.