Transportation Secretary Pete Buttigieg is facing criticism from congressional members of both parties following his announcement of new rail safety measures.
Buttigieg made the announcement Tuesday, 18 days after the Norfolk Southern freight derailment in East Palestine, OH, resulted in a plume of toxic chemicals over the village.
Democratic leaders on the House committees overseeing freight rail transport have generally praised the response by Buttigieg. but more than one told TYT they see his measures as a first step, suggesting it doesn’t go far enough. One said that Buttigieg’s plan “falls short” of what’s needed.
TYT asked members of Congress in both chambers on the transportation committees to respond to Buttigieg’s plan.
One House Republican went the opposite direction from Democrats, telling TYT that Buttigieg shouldn’t use the moment to call for more regulation. So far, he hasn’t.
Instead, Buttigieg’s new measures include calls for the freight railroad industry to voluntarily take immediate steps to enact safety rules for flammable liquid cargo by 2025. And he is asking the industry to start using a confidential tip line to let railroad employees report safety issues, give employees paid sick leave, stop seeking inspection waivers with every new technological change, and to alert state emergency response teams in advance of transporting hazardous materials.
Buttigieg is also recommending that Congress increase the maximum fines that his agency can issue for rail companies that violate safety regulations, follow through with modernizing braking regulations, speed up the phasing in of safer tank cars to carry hazardous materials, and increase funding for hazmat training for first responders.
Buttigieg’s plan came in the wake of critical coverage, including a series of reports by The Lever, regarding his agency’s regulatory record, not just on trains but also in connection to air travel snafus.
In a statement to TYT, Rep. Seth Moulton (D-MA), who sits on the House Subcommittee on Railroads, Pipelines, and Hazardous Materials, said that the Department of Transportation (DOT) should be “working with Congress to reinstate and expand crucial safety requirements to hold reckless rail corporations accountable.” Former President Donald Trump removed many federal regulations governing rail transportation during his term in office.
“Nearly three weeks after the Norfolk Southern train derailment, the public safety and environmental catastrophe in East Palestine, OH, is continuing to get worse,” Moulton said. “The plan of action from Secretary Buttigieg to prevent crises like this in the future is an important first step, but it falls short of addressing the disaster unfolding right now and appropriately preventing them in the future.”
Subcommittee member Rep. Tim Burchett (R-TN) told TYT that it’s too soon to know what reforms could have prevented the derailment and that he’s still waiting for the report from the National Transportation Safety Board. Burchett said while he agrees with some of the steps Buttigieg is taking, he opposes new regulations.
“I agree with the call to deploy automated track inspection technology, which Republicans on the Transportation & Infrastructure Committee have asked for repeatedly,” said Burchett. “However, Secretary Buttigieg shouldn’t just use this accident as an opportunity to expand all kinds of federal regulations, especially when he couldn’t even be bothered to visit East Palestine until three weeks after the accident.”
But statements released by House Transportation and Infrastructure Committee Democrats largely praised the Biden administration and DOT.
In a press release by Democrats on the committee, ranking member Rep. Rick Larsen (D-WA) called the reforms a “good first step” and said that Americans should know that railroad safety is a top priority.
Larsen said that he looks forward to “working on solutions that deliver real improvements to our system.” Those improvements, he said, include stronger penalties for companies that violate safety protocols, updating hazmat transportation rules, and “supporting the hardworking railroad workers who keep our economy running.” Rep. Donald Payne, Jr (D-NJ), ranking member of the House Subcommittee on Railroads, Pipelines, and Hazardous Materials, applauded Buttigieg’s “quick response.”
Subcommittee Vice Ranking Member Rep. Valerie Foushee (D-NC) neither praised nor criticized Buttigieg, but said that the derailment “has raised potential public health and environmental concerns” and that raising rail safety standards is “critical.”
Trump has seized on the moment, visiting the site on Wednesday flanked by Sen. J.D Vance (R-OH) and East Palestine Mayor Trent Conway.
Trump reportedly told the crowd, “In too many cases, your goodness and perseverance were met with indifference and betrayal.”
Sen. Marco Rubio (R-FL) has repeatedly called for Buttigieg’s removal as transportation secretary.
In a tweet Tuesday, Rubio wrote, “Before you emerged from hiding 10 days after the worst rail accident in over a decade the last time we heard you talking about rail was when you were lobbying for the rail company ‘deal’ that screwed workers out of paid leave while I was fighting for workers. Please resign now.”
In an interview with MSNBC’s Joy Reid, Buttigieg responded, saying that the last time he’d heard from Rubio regarding railroad regulation involved a letter Rubio signed to ask for weakened inspection practices.
“[I]f anybody regardless of what they've done in the past is serious about the future, Republican, Democrat, Independent, if anybody has found religion on the subject of making sure that we actually regulate these corporations and hold them accountable, then I am calling them in and inviting them to the table,” Buttigieg said.
Prior to his Thursday trip to East Palestine, Buttigieg tweeted that he’s “[h]appy to discuss timing of our Ohio visit - but starting to think some in Washington want that to be the main focus so that there aren’t too many questions about rail safety regulation, who is for and who is against. We will hold the line on railroad safety and accountability.”
TYT Washington Correspondent Candice Cole was previously a correspondent and senior White House producer for the Black News Channel and has worked at a number of local news outlets. You can find her on Twitter @CandiceColeNews.