Hearings to examine the nominations of John DeLeeuw, of Texas, Richard Kloster, of West Virginia, and Michelle A. Schultz, of Pennsylvania, each to be a Member of the Surface Transportation Board.

Commerce, Science, and Transportation Committee

2025-11-06

Source: Congress.gov

Summary

This meeting of the Senate Committee on Commerce, Science, and Transportation convened to consider three nominations: John DeLue for the National Transportation Safety Board (NTSB), and Richard Kloster and Michelle Schultz for the Surface Transportation Board (STB)[ 00:26:35-00:26:44 ]

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. However, the hearing quickly became contentious, with significant debate surrounding the ongoing government shutdown and questions regarding the legality and independence of the nomination processes[ 00:26:56-00:27:07 ]

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[ 00:35:53-00:36:07 ]

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Themes

Government Shutdown and Transportation Safety

Senator Ted Cruz criticized Senate Democrats for the government shutdown, attributing flight reductions and safety concerns in air travel to unpaid FAA staff and NTSB investigators[ 00:26:56-00:27:30 ]

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. He argued that Democrats were holding the air traffic control system "hostage" and blamed them for the longest shutdown in U.S. history, calling for an end to what he termed the "Schumer shutdown"[ 00:27:35-00:28:16 ]

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. Senator Ben Ray Luján countered by emphasizing Republican control of the House, Senate, and Presidency, stating that Republicans, therefore, bore the responsibility to resolve the shutdown[ 00:33:12-00:33:43 ]

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. Senator Cruz further explained the Senate's 60-vote requirement for funding, asserting that Democrats were deliberately blocking funding out of political animosity towards the President, despite having previously cooperated on continuing resolutions. Senator Bernie Moreno highlighted the extreme stress placed on air traffic controllers working without pay, linking it to increased safety risks and urging Democrats to allow a vote to reopen the government. Mr. DeLue acknowledged the demanding nature of air traffic control and the struggles of controllers during the shutdown[ 01:19:07-01:19:10 ]

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Legality and Independence of Nominations

Senator Luján raised serious concerns about Mr. DeLue's nomination to the NTSB, stating that it sought to replace Vice Chair Alvin Brown, who he claimed was illegally removed by President Trump before his term expired[ 00:35:53-00:36:07 ]

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. Luján argued that advancing the nomination while litigation was ongoing undermined the NTSB's independent status and its ability to formulate safety recommendations[ 00:36:27-00:37:14 ]

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. Mr. DeLue declined to comment on the legality of Mr. Brown's removal, stating he was not a constitutional lawyer and would defer to the courts and legal processes. Senator Luján also pointed to the alleged unlawful removal of STB member Robert Primus by President Trump, which he said underscored the need for nominees to commit to independent decision-making free from political influence. Senator Baldwin questioned Ms. Schultz about a partisan email sent by STB Chairman Fuchs, suggesting it indicated political interference, but Ms. Schultz affirmed her commitment to impartiality and applying the law based on merits, not politics.

Nominees' Qualifications and Role Expectations

Senator Cruz praised Mr. DeLue's extensive background in aviation safety, including his military service and decades at American Airlines, describing him as "one of the most decorated and qualified individuals" for the NTSB[ 00:28:37-00:29:26 ]

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. Mr. DeLue highlighted his passion for safety, his experience collaborating with the NTSB, and his commitment to implementing safety recommendations and fostering a cross-modal approach to transportation safety. He also expressed strong support for ADS-B technology, citing its potential to improve safety and reduce air traffic controller workload. Mr. Kloster detailed his 45-year career in the rail industry, spanning various railroad types and the supply chain, affirming his dedication to advancing the STB's mission with objectivity and impartiality. Ms. Schultz, nominated for a second term, reiterated her commitment to thorough analysis of facts, adherence to law, and impartiality in STB decisions, particularly regarding complex issues like the proposed rail merger between Union Pacific and Norfolk Southern. All nominees pledged to work collaboratively with the committee if confirmed.

Tone of the Meeting

The meeting had a contentious and highly polarized tone, especially during the initial exchanges between senators on the government shutdown and the legality of presidential actions[ 00:26:56-00:28:16 ]

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[ 00:33:12-00:33:43 ]

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. Democratic senators, particularly Luján and Baldwin, expressed strong skepticism and concern regarding the independence of the agencies and potential political interference in the nomination processes[ 00:35:53-00:36:07 ]

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. Despite this political tension, the nominees maintained a professional and measured demeanor, consistently emphasizing their qualifications, commitment to safety, and adherence to legal and ethical standards in their responses[ 00:38:26-00:38:46 ]

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. A shared underlying concern for transportation safety, particularly aviation safety in the context of the shutdown and rail safety regarding mergers, was evident despite the partisan clashes[ 00:27:19-00:27:30 ]

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Participants

Transcript

Good morning.  The Senate Committee on Commerce, Science, and Transportation will come to order.  Today, we will hear from three nominees.  John DeLue, nominee to serve as a board member of the National Transportation Safety Board.  Richard Kloster, nominee to serve as a member of the Surface Transportation Board.  And Michelle Schultz, nominee to continue to serve as a member of the Surface Transportation Board.  Congratulations to each of you.  Before I introduce the nominees,   I want to spend a moment reflecting on the unprecedented impacts the continued government shutdown is having on Americans' lives.  Almost a month ago, CNN quoted a senior Democratic aide as saying that Senate Democrats wouldn't reopen the government short of, quote, planes falling out of the sky, given the tragic accident we saw this week.   Sadly, Senate Democrats seem to want to put that theory to test.  Yesterday, Transportation Secretary Sean Duffy and FAA Administrator Brian Bedford announced that beginning tomorrow morning, there will be a 10% mandatory reduction in flights at 40 airports across the nation.  The safety data that the FAA relies on to keep the system safe was blinking red.   There's too many key staffers calling out because they're not getting paid and having to save every penny and find ways to make ends meet.  Tens of thousands of Americans will have their flights canceled every single day, due entirely to Senate Democrats, with a few notable exceptions, virtually all of whom have voted now 14 times   to keep the government shut down, and they have taken the government and the air traffic control system hostage.
Air traffic controllers are unpaid, they are frustrated, and they are fatigued.  A plane crashed in Louisville this week, and the NTSB investigators on scene aren't getting paid.  The impacts of this shutdown are real,   and becoming dangerous.  And understand, the reason there's a 10 percent reduction in flights is the FAA said they could not maintain the airspace safely at full load.  That is the consequence of this shutdown, and the Schumer shutdown needs to end.  It is the longest shutdown in the history of the United States of America.  And enough is enough.  Now is a time for responsible leadership.   Now I'll turn to today's nominees.  Let's begin with John DeLue, a proud Texan of nearly 40 years.  Mr. DeLue is an accomplished safety professional and airline captain who began his aviation career in the Air Force flying C-130 Hercules planes, supporting combat missions in Desert Storm.  After his military service, Mr. DeLue joined American Airlines as a line captain and first officer in 1991.   After 20-plus years of flying for American, he then led the airline's safety initiatives for more than a decade.  He also served as chairman of the American Pilots Association's National Safety Committee, and he teaches aviation safety courses at the University of Southern California.  As I have seen from the investigation into the crash of the flight 5342 near DCA,   The NTSB needs knowledgeable and experienced members to keep our transportation system safe.  Mr. DeLue will draw on his extensive aviation safety background to investigate accidents and propose recommendations to prevent future harm.
He is, without a doubt, one of the most decorated and qualified individuals to come before us.  His resume is a perfect match for the NTSB.   We are also joined today by NTSB Chairwoman Jennifer Homendy, who is such a regular in this committee that we may have to find her a seat on the dais.  I appreciate her being here.  As she said about Mr. DeLue's nomination back in September, John has an extensive background in aviation safety and has worked alongside the NTSB for decades.   He often uses lessons learned to improve safety throughout transportation, including oil and pipelines and maritime.  John will be an excellent addition to the board, if confirmed.  Next, we have Richard Kloster to serve on the STB.  Mr. Kloster is a seasoned railroad and transportation logistics professional with over four decades of private sector experience.   He has worked for several railroads, including the Chicago and Northwestern Transportation Company and the Indiana Railroad Company.  Mr. Kloster also founded his own transportation consulting firm and served as a board member of the Railway Supply Institute.  If confirmed, Mr. Kloster will use his extensive knowledge of the rail industry, as well as his experience working for railroads, suppliers, and shippers,   to advance the STB's economic oversight of freight railroads.  Lastly, President Trump has renominated Michelle Schultz to continue to serve on the STB.  Ms. Schultz's decades of legal and transportation experience have served her well on the STB.   Prior to joining STB in January 2021, she spent 14 years leading legislative affairs and legal strategy at the Southeastern Pennsylvania Transportation Authority, the nation's sixth largest public transportation system.

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