FEDERAL ROLE IN TRAFFIC SAFETY If~· HEARINGS FEDERAL ROLE IN TRAFFIC SAFETY ·BEFORE THE (Pursuant to S. Res. 186, 89th Cong.) SUBCOMMI'ITEE ON EXECUTIVE REORGANIZATION TUESDAY, MARCH 22, 1966 OF THE U.S. SENATE, SUBCOMMITTEE ON EXECUTIVE REOROANIZA'l'ION, COMMITTEE ON COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D.O. GOVERNMENT OPERATIONS The subcommittee met, pursuant to notice, at 10 a.m., in room J:ll8, New State Office Building, Senator Abraham Ribicoff (chair­ UNITED STATES SENATE man) presiding. Present: Senators Ribicoff, Kennedy of New York, ,Jackson, Harris, EIGHTY-NINTH CONGRESS ltnd Simpson. · . Also present: Jerome Sonosky, staff director and general counsel; SECOND SESSION Philip Cook, professional staff member; Robert Wager, assistant coun­ sel; and Esther Newberg, chief clerk. TRAFFIC SAFETY: EXAMINATION AND REVIEW STATEMENT OF HON. ABRAHAM RIBICOFF, U.S. SENATOR FROM OF EFFICIENCY, ECONOMY, AND COORDINATION THE STATE OF CONNECTICUT OF PUBLIC AND PRIVATE AGENCIES' ACTIVITIES Senator RrnrcoFF. The committee will be in order. AND THE ROLE OF THE FEDERAL GOVERNMENT When the Subcommittee on Executive Reorganiaztion began its in­ quiry into the Federal role in traffic safety exactly a year ago today, we were aware that we were dealing with a controversial topic. The MARCH 22, 1966 safety of motor vehicle travel is a matter of vital concern to the Ameri­ can people as a whole, as well as to the millions whose livelihoods depend upon our transportation system and automotive industry. PART 4 As a matter of fact, currently there are 91 million registered motor vehicles in the United States, and 98 million licensed drivers. Soon aft.er the hearings began it was clear that the controversy was Printed for the use of the Cotnmittee on Government Operations likely to become more heated as old theories were subjected to scrutiny itnd established positions came under. attack. I think our inquiry has been helpful. It has shed light on important matters that have long been only dimly understood. It has shown us 1treas of controversy where we must look further for the right answers. At the same time, the hearings have quickened the determination· of experts in many quarters to make highway travel as safe as possible, as soon as possible. The hearings have resulted in the introduction of a variety of new safety :features on our new automobiles without the passage of any U.S. GOVERN!i:Ui:l\T PHINTING OF!;'ICI!i srecific legislation. Further, it has· led to a national high,vny safety bill, forwarded to this Congress by the President. 49--959 \VASHING'l'ON : 1966 Much of the subcommittee's success has resulted from the willing­ ness of experts in.this important field to express their views vigorously 1379 1380 FE·DI~·HAL HOLE l.N 'l'HAFFIC SA'FJ£'l'Y FEDF~RAL UOLE TN 'l.'H.AFFlC SAFE'l'Y 1381 and frankly. This righL to testify freely without fear or intiniidntion Lion. 1\fter tlic 'vitness has given his statement, each n1e1nber of the is one of the cornerstones of a :free and de1nocratic society. ..:-\ny at­ eornmittce jn turn will be confined to asking questions for a period tempt to jeop<irclize this right is a serious matter. of 10 minutes. After every member of the committee has had an I have called this special meeting today to look into the circum­ opportunity to ask q11estions, then those 1nembers of the committee stances surrounding whtLt appeared to be an attempt, by General Motors who may have other questions may proceed beyond the 10-minute Corp. to discredit Mr. Ralph Nader, a recent witness before the sub­ period. committee. This Iorgo company whose principal executive officers Thank you, Mr. Roche. You may proceed. appeat'cd before this same subcommittee last July, has admitted re­ sponsibility for undertaking a determined and exhaustive investiga­ TESTIMONY OF JAMES M. ROCHE, PRESIDENT, GENERAL MOTORS t10n _of a ;private citizen who has criticized the auto industry verbally CORP.; ACCOMPANIED BY THEODORE C. SORENSEN, COUNSEL and 1n print. There is no law which bars a corporation from hiring detectives to Mr. Rocim. Thank you, Mr. Chairman. investigate a private citizen, however distasteful the idea may seem to For the record, my name is James M. lfochc and I am president of so1ne of us. TI1ere is a la.w, hov-.'ever, which makes it a crime to harass General Motors Corp., Detroit, Mich. I am here today at the chair­ or intimidate a witness before a congressional committee. One of our man's invitation issued in conjunction ,yith h'is March 10 state1nent purposes here today is to inquire into the purposes and effects of the to the Senate. That statement ordered hearings concerning this cor­ action initiated by General Motors. poration's responsibility for a priv~te investigation of .Mr. R<;lph Personally, I don't like to see anyone subjected to harassment, in­ Nader, a witness before this subcomnnttee who has bc~n cnt1cal of the timidation, or character assassinrttion. But I nm particularly dis­ automobile industry's efforts on traffic safety and particularly the GM turbed when this sort of aotivity is injected into the efforts of a legisla­ Corvair. I immediately stu,ted our intention to cooperate with this tive body to deal with a vital public issue, like traffic safety. subcommittee in every possible way. I am concerned because I know that the subcommittee will never be Let me make clear at the outset tlrn.t I deplore the kind of harass­ able to complete its work successfully if witnesses believe their per­ ment to which Mr. Nader has apparently been subjected. I am just sonal lives might be investigated and their rights to privacy infringed as shocked and outraged by some of the incidents which Mr. Nader by the auto industry or other interested parties. has reported as the members of this subcommittee. This situation cannot be allowed to go unchallenged. It goes to the As president of General Motors, I hold myself fully responsible very heart ?f the legislative process. If this hearing does nothing for any action authorized or in~tiated by "1_1Y ?fficer of the corporatJ_on else toda.y, .1t should reaffirm the dght and duty of every citizen to which may have had any bearmg on the mcidents. relat~d t? our m­ speak Ins mmd on matters of public mterest and concern. vestigation of Mr. Nader. I did not know of the mvestigahon when Would yon, Senator Simpson, or Senator Harris, like to make any it wasonitiated and I did not approve it. comment! Senator SIMPSON. I haven't anything. APOLOGY TO SUBCOMMrl"TEE AND NADER Senator lIARHIS. I have no opening statement. Thank you, Mr. Chairn1an. While there can be no disagreement over General Motors' legal .right Senator RrrucoFF. The first witness is Ralph Nader. ·we will stand to ascertain necessary facts preparatory to litigatioi:, a~ I s~all discuss in recess until the 'vitness comes. in a moment, I am not here to excuse, condone, or 1ust1fy m any way (Short recess.) our investigatin/$ Mr. Nader. To the extent that General Motors Senator RrmcOFI•\ The committee will be in order. bears responsibility, I want to apologize here. and now to the members It had been my intention to call Mr. Nader as our first witness, but of this subcommittee and Mr. Nader. I sincerely hope ~hat _these ]\fr. Nader has not arrived, and it is now 10 :15. ·would you object apologies will be accepted. Certainly I bear Mr. Nader no 111 will. Mr. Roche, to giving your statement at this time j · ' To the best of my. lrnowled~e--and I h~ve made every effort to Mr. Roe.HE. I will be very happy to give my statement, Mr. Chair- obtain all the facts smce learnm~ about this some 2 weeks ago-the mun. investi~tion initiated by G~nerM Motors, contrary to. some specula­ .Senator RrmcoFF. Mr. Roche, as a matter of formality, in keening tion did not employ detectives givmg false names\ did no_t employ with the rules of the committee, may I ask yon if you wouli! be willing Alli~d Investigation, Inc., did not use recording devices du~·mg.mter­ to take an oath, please! views, did not follow Mr. Nader in Iowa and Pennsylvama, d1d n~t Will yon raise yonr right hand? have him under surveillance during the day. he testified before tlns You do solemnly swear that the testimony you shall give before this subcommittee, did not follow him in any pnvate place, a1'.d did 7fOt Senate subcommittee shall be the truth, the whole truth, and nothing constantly ring his private telephone number late at mght with but. the truth, so help you Goel? false statements or anonymous warnings. M:r. l~ocnm. I do. At the time the investigation was initiated last November, Mr. .Senn.tor R1n1cOFF. For the purposes of committee procedure, we Nader's book had not yet been published, he ha~ not app~red nor \v1ll allow each "'itness to give l1is entire state1nent 'vithout interrup- was he scheduled to appear as a witness before tlus subcommittee and )!'gDERAL JlOLE IN 'l'HAFFfC SAFE'l'Y 1383 he \\'as riot regarded to anyone's kno\v]edgc as a. consult.ant to this tion-inve~tigation of the accident, the dan1ugcs, the parties, the subcon1n1ittee. In short, this investig:itio11 \vas \Vholly unrelated to witnesses, the qualifications of experts and rehtted facts.1 the proceedings of this subcommittee and Mr. Nader's connections Troubled hy what appeared possibly to be a concerted effort on the with them.