[OPENING STATEMENT VIDEO] [1^st ROUND Q&A VIDEO] [2^nd ROUND Q&A VIDEO] 

WASHINGTON, D.C. – U.S. Senator Ben Ray Luján (D-N.M), member of the Senate Committee on Commerce, Science and Transportation, set the record straight on the Republican government shutdown and questioned three nominees to key transportation boards about their statutory obligations to act independently. Sen. Luján led Democrats at today’s hearing on Trump transportation nominees John DeLeeuw to be a Member of the National Transportation Safety Board (NTSB), and Richard Kloster and Michelle Schultz to be Members of the Surface Transportation Board (STB). Ms. Shultz is a current STB member and is nominated for a second term.

“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,” said Sen. Luján in his opening statement.  “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.”

Turning to the nominees and the issue of agency independence, Sen. Luján called on Republicans not to move ahead with a nominee to replace NTSB Vice Chair Alvin Brown, given his ongoing litigation against the Administration for illegally removing him from his position. Last week, Ranking Member Maria Cantwell (D-Wash.) and Democratic members of the Committee sent a letter to Majority Leader Thune and Committee Chair Cruz, strongly opposing the move.

“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.”

Sen. Lujan also pointed to the potential Hatch Act violation by STB Chairman Patrick Fuchs who erroneously blamed only Democrats for the government shutdown in an email to all career STB staff, and asked STB nominee Schultz about the importance of the STB operating as an independent agency.

“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 like the STB should not be independent but wholly beholden to the President's direction and demands. How can the STB effectively function while subjected to political interference and coercion? Is it possible? How can the STB effectively function while subjected to political interference and coercion?”

“Senator, I appreciate the concern that that you've raised,” answered Ms. Schultz. “I would also go back to -- I believe what you opened with -- which is the STB is an independent agency. It's contained within statute, and I can say that, if confirmed, I will uphold and apply the law in a fair and impartial way.”

Video of Sen. Luján’s opening remarks is here, his first round of Q&A is here, and his second round of Q&A is here. A complete transcript is here.

 ###