U.S. Senator Ben Ray Luján (D-N.M.), a member of the Senate Committee on Commerce, Science, and Transportation, addressed concerns regarding the recent government shutdown and the independence of federal transportation agencies during a committee hearing in Washington, D.C.
Senator Luján led questioning of three nominees for key transportation board positions: John DeLeeuw for the National Transportation Safety Board (NTSB), and Richard Kloster and Michelle Schultz for the Surface Transportation Board (STB). Schultz is seeking a second term as an STB member.
During his opening remarks, Senator Luján said, “I certainly hope the President will stick to his words when he said it's incumbent upon the President of the United States to prevent shutdowns, to solve shutdowns. And I certainly hope that even where there are differences, that people come into a room and do the right thing. Because everyone wants this shutdown to end. I don't believe my Republican colleagues want to see insurance premiums across America double either. I really don't. They care about their constituents the way that I care about my constituents. And I'm certainly hopeful that we'll see some leadership now, bring some people together. Get some breakfast. If they need some New Mexico chile to make it better, I'll bring it, but we've got to make sure that people come together.”
The senator criticized efforts by Republicans to proceed with nominating a replacement for NTSB Vice Chair Alvin Brown while Brown is engaged in litigation over what Luján described as his illegal removal from office earlier in the year by President Trump. He referenced bipartisan support for Brown’s previous confirmation and questioned whether there was a legitimate vacancy under current law.
“I have to say I am deeply disturbed and frankly alarmed at the Committee rushing ahead with this nomination to replace NTSB Vice Chair Alvin Brown, who President Trump illegally removed earlier this year,” said Sen. Luján. “Anyone that looks at the law looks at the rules surrounding this, it's plain and simple. The facts are straightforward. The Senate unanimously confirmed Vice Chair Brown last year, and his term does not expire until the end of next year. And the President removed him without complying with the law that Congress passed, plain and simple. And now folks are choosing to look the other way and advance his replacement, even though there isn't a clear vacancy to fill under the law.”
Luján also raised concerns about agency independence following an email sent by STB Chairman Patrick Fuchs blaming only Democrats for causing the government shutdown—a message which could potentially violate restrictions on political activity by federal officials.
Addressing nominee Michelle Schultz directly regarding her views on maintaining agency impartiality despite political pressure from executive leadership, Luján stated: “Ms. Schultz, in your opening statement from your prior confirmation hearing, you wrote, ‘It is incumbent upon the Board to approach matters before brought before it by conducting a thorough analysis of the facts and adjudicating matters in an impartial manner within the bounds of its jurisdiction and the law,’ stated Sen. Luján.“However,the President has made it clear that agencies likethe STB should not be independent but wholly beholden tothePresident's directionand demands.How can thestb effectively functionwhile subjectedtopolitical interferenceand coercion?Isit possible?How can thestb effectively functionwhile subjectedtopolitical interferenceand coercion?”
Schultz responded: “Senator,I appreciate th econcernthatthat you've raised.I would also go backto--I believewhatyou openedwith--which isthe STBis anindependentagency.It's containedwithin statute,andIcan saythat ,if confirmed,Iwill upholdandapplythelawinafairandimpartialway.”
Video recordings of Senator Luján’s remarks as well as transcripts are available online.
