Blumenthal Urges DOJ, DOT to Release Information and Expand Investigation Concerning Potentially Deadly Highway Guardrails
(Washington, DC) – Today, U.S. Senator Richard Blumenthal (D-Conn.) wrote to the Department of Justice (DOJ) and Department of Transportation (DOT) regarding the potentially deadly ET-plus guardrails that are currently installed on the nation’s highways. In letters to Attorney General Loretta Lynch and Secretary Anthony Foxx, Blumenthal stressed the urgent need for answers about the guardrails and weak oversight at the Federal Highway Administration (FHWA).
In his letter to Attorney General Lynch, Blumenthal highlighted the need for the public to be made aware of the DOJ’s current criminal investigation into the guardrail manufacturer, Trinity Highway Products, LLC, as well as why the FHWA failed to detect Trinity’s fraudulent actions.
“Since this immediate public safety issue impacts nearly every state and the tens of millions of drivers who use our roads daily, I urge you to inform the states and the public about the general scope and subject of your investigation. Providing information will enable states to protect the public, remove the guardrails and take action against Trinity.
“We need to know all the facts concerning this issue, and I commend your department for seeking answers. Taxpayers need to know everything about these products, Trinity’s conduct, and why FHWA failed so dramatically to carry out its oversight duties.”
Writing to DOT Secretary Anthony Foxx, Blumenthal urged the Secretary to launch a separate investigation into the FHWA, as well as identify exact ways in which the DOT plans to fund and replace the guardrails and hold the manufacturer accountable.
“I write to re-iterate the need for a fresh, objective outside inquiry into FHWA and a valid, credible assessment of the safety of ET-Plus devices on our highways. In addition, I urge you to issue an immediate warning to states and the public that the safety of ET-Plus guardrails remains an open, unanswered question.
“I urge your office to explain how the replacement of these devices will be financed if they are conclusively deemed unsafe and unfit for service, as increasingly seems to be the case. Of course, the most acceptable option is to require the manufacturer to shoulder the cost of purchasing and installing reliable replacement devices.”
Full text of the letters can be viewed below:
The Honorable Loretta Lynch
Attorney General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Dear Attorney General Lynch:
Congratulations on your confirmation as Attorney General. I was proud to support your nomination in the Senate Judiciary Committee and on the Senate floor, and I look forward to working together to strengthen our country’s justice system.
I write regarding an urgent safety matter involving dangerous, potentially deadly guardrails on American roads. According to numerous media reports, the Department of Justice has begun a criminal investigation into Trinity Highway Products, LLC and actions it may have taken to defraud taxpayers of millions of dollars in the sale of these guardrails. Also worthy of investigation is the Federal Highway Administration (FHWA) and its failure to detect and deter Trinity’s conduct.
I have aggressively raised questions because the public deserves to know whether Trinity’s products are safe and why FHWA allowed this fraud to continue for nearly a decade. Since this immediate public safety issue impacts nearly every state and the tens of millions of drivers who use our roads daily, I urge you to inform the states and the public about the general scope and subject of your investigation. Providing information will enable states to protect the public, remove the guardrails and take action against Trinity. While public disclosure during an ongoing investigation may be difficult, there are public safety considerations in this situation that make it different. Public safety and law enforcement officials in state and local governments are making real-time decisions about whether to leave these guardrails in place, or remove them; whether to take legal action now against Trinity, or await federal action; whether to warn or alert drivers, and when. In addition, there is the equally pressing issue of accountability within the federal government, particularly for FHWA and officials who may be culpable. Evidence and factual substance are essential to effective disciplinary steps or other action, which may be made moot or irrelevant by the passage of time.
For background, in 2005, FHWA approved a type of guardrail manufactured by Trinity for use on our nation’s highways, also known as the ET-Plus end terminal. The agency apparently failed to notice significant, unapproved modifications in the devices until 2012, when several states reached out with concerns about the modifications and the performance of the devices. In October 2014, a federal jury returned a verdict that found Trinity, by failing to notify FHWA of the modifications, had cheated taxpayers of millions of dollars in sales of the ET-Plus end terminals, of which there are about 200,000 on the nation’s highways. That trial’s outcome raises troubling questions about the company – as well as FHWA. Despite becoming aware of concerns in 2012, FHWA let three years pass before taking any meaningful action to evaluate the devices, waiting until late 2014 to ask for testing. Even then, FHWA let the manufacturer largely control the evaluation process and set an extremely low bar for passing. And still, the devices appeared to have failed even such low standards. FHWA, nonetheless, continues today to stand by the safety of the devices, allowing states and the public to purchase them with federal dollars. FHWA maintains its unwavering confidence in the ET-Plus despite the fact that it has yet to complete any analysis of how the devices have performed in real-world scenarios, raising concerns over its relationship with industry and regulatory capture of the agency.
Clearly, we need to know all the facts concerning this issue, and I commend your department for seeking answers. Taxpayers need to know everything about these products, Trinity’s conduct, and why FHWA failed so dramatically to carry out its oversight duties. I am including a copy of my letters to FHWA, the Government Accountability Office (GAO) and the Secretary of Transportation seeking information for your reference.
Again, congratulations on your confirmation as Attorney General. I appreciate your time and attention to this important issue impacting the safety of everyone traveling on our highways.
Sincerely,
RICHARD BLUMENTHAL
United States Senate
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The Honorable Anthony Foxx
United States Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
Dear Secretary Foxx:
As you know, many news sources now reliably report a possible Department of Justice criminal investigation into Trinity Highway Products, LLC – and perhaps into the Federal Highway Administration (FHWA). This investigation concerns Trinity’s possibly fraudulent conduct in the sale of millions of dollars’ worth of its ET-Plus guardrail end terminals, including 200,000 now on our country’s highways.
I have urged your office to investigate as well, especially how and why the agency allowed Trinity’s conduct to persist for nearly a decade. I advocated for this investigation in a letter to your office on March 23.
As I await a response, I write to re-iterate the need for a fresh, objective outside inquiry into FHWA and a valid, credible assessment of the safety of ET-Plus devices on our highways. In addition, I urge you to issue an immediate warning to states and the public that the safety of ET-Plus guardrails remains an open, unanswered question. As DOT already contends, its analysis of the ET-Plus is ongoing, so it is imperative that everyone knows they remain in peril when driving near these devices. Finally, I urge your office to explain how the replacement of these devices will be financed if they are conclusively deemed unsafe and unfit for service, as increasingly seems to be the case. Of course, the most acceptable option is to require the manufacturer to shoulder the cost of purchasing and installing reliable replacement devices.
Each passing day brings another indication states will need to remove these possible death traps from their roads. We need answers and a plan of action for that distressing – but all too realistic – scenario.
I appreciate your urgent attention to this matter.
Sincerely,
RICHARD BLUMENTHAL
United States Senate