Palestine derailment. [inaudible conversations] the science transportation order. Ee will come to for the purposes of a hearing. We are here this morning at the full committee for improving rail safety in response to the East Palestine correlator i would ask the witnesses to please join us for the first panel at the witness table. [inaudible conversations] [inaudible conversations] good morning, everyone. The hearing will come to order. On february 3rd, the town of East Palestine, ohio, experienced a Hazardous Material event that no community should have to suffer from, and Norfolk Southern train carrying Hazardous Material crashed just outside the town,n, and 38 carso more than according of the train derailed. One of the cars caught fire, in gold and gold of the rope cars including five caring vinyl floor. After burning for two days, authorities became concern the vinyl chloride and one of the tanks was undergoing a Chemical Reaction that made it bigger and more dangerous pick the authorities then initiated a controlled burn of the remaining vinyl chloride in five tanks to get a greater catastrophe. 2000 residents were forced to evacuate, and a community was forever changed. We look forward to hearing the witnesses and crucially especially appreciate the palestinian monster the leadership and we look for to hearing from ms. Allison this morning. Let me be clear, this is not only though about East Palestine derailment. Less than a week ago a Burlington Northern santa fe train derailed in my state of washington spilling 5000 gallons of diesel, near a very sensitive aquatic ecosystem. These are important issues for all of america and we look forward to working in a bipartisan basis on this problem. A Fire Department needs to do with the Hazardous Materials and we will be asking you what congress can do to better equip the firefighters who had to respond. These derailments have occurred during ath concerning trend. That is, we cant have railroads adopt operating models both on just cutting costs to achieve higher profits and then have higher accident rates. We need to invest in the modernization of equipment that will provide the safety we need. From 2017 2021 railroads that the workforce by 22 reduced investment in the network by 24 . At the same time accident rates increased by 14 . We will dive into the details today to better understand what is at about. Today well hear from senator brown and senator vance about their bipartisan legislation, Railway Safety act of 2023 and from how Governor Mike Dewine about his experience in responding to the derailment. We will hear from us imagine earlier is palestine president Misti Allison who give a firsthand account of how the drama impacted her community. We also hear from a second panel of witnesses who will speak to radio and Hazardous Material safety policy failures that contribute to the derailment and what steps are necessary to protect communities, boys and the environment. Ntsb chair will be here and i look forward to asking her about the agencies recommendations to improve rail safety and about what investments in detection devices are necessary. Mr. Whitaker, you and your coworkers that raise questions about safety. Well hear from you about what you believe these concerns have gone unaddressed and will hear from Norfolk SouthernCeo Alan Shaw about these trends and what hes going to do to ensure that safety is the top priority. A month ago i sent letters to seven class one freight railroads asking for information about the Hazardous Material safety practices. Nearly all of them failed to provide the committee with the specific information that were requested. Have to say the snf did provide us with information about past inspection but we need clear information from organizations where we are today with safety inspections. Let me be clear, we need to know exactly what organizations areod doing today to make sure inspections are helping us to detect problems. I and is legislation in 2015 that is some of the same provisions that we now see in the brown pants bill press with some of those had been implemented sooner. Our two colleagues are working very diligently to make this a top priority here in congress. And working hard to represent these communities. I believe our committee can in a bipartisan fashion to improve rail safety, but it shouldnt go unnoticed the same issues are plaguing us in other areas of transportation. We want of the safest system, you have to have the most modernized equipment, the most minimal of workforce standards, and you have to continue to improve safety. Without ill turn over to the Ranking Member senator cruze for his opening comments. Thank you madam chair. What you think the witnesses for being here today. Welcome senator brown. Like so many other americans, i watched with dismay the horror that unfolded in East Palestine, ohio. On television we saw fiery train wreck where nearby residents were understandably fearful that the water was poisoned and the air wasis polluted. The distress of these palestinians residents was real then, and it is real now. For beingn thank you here and testifying today. Thats what is important to holding this hearing. This hearing will address to make critical topics. First, what can be done to prevent derailments like the one that occurred in East Palestine. Second, what can be done more broadly to improve the safety of trains transporting Hazardous Materials . While these topics are related, and each topic i think merits its own hearing, it appears this point make their owns opportunities as a full scommittee to examine the East Palestine derailment and the broader questions about Railroad Safety policy. To be clear, i agree with senators around and pants that Railroad Safety should be on our agenda, tha it is an opportunity for real and meaningful bipartisann cooperation. My team and i will continue engaging withh their staff and with the chairwoman step and im optimistic that we can achieve broad agreement on policies that improve safety, the protector committees without at the same time damaging our supply chain or imposing unreasonable cost that would ultimately harm american families. We need to do both. Today when you do what led to the derailment in East Palestine. Ntsb has launched an investigation and appreciate chairwoman appearance are today. This committee is also looking for a closely at this derailment. Forasmuch as we know about the derailment, key questions remain unanswered. For example, who specifically mader the decision to vent and burn the vinyl chloride from all five derailed tank cars . And why rex were alternatives considered . Where the right people consulted . I also want to know what could be done to prevent or to mitigate similar derailments in the future. This committee should hear more about wayside detectors, and advanced technology that could use algorithms and Trend Analysis to identify potential safety issues earlier. We should hear more about Information Available to First Responders and about coordination shippers of hazardous s materials. Understandably, americans across the country share the concernsnt of the residents of east palestinian, and wonder are essential Hazardous Materials being transported safely . Will residents be protected if a spill occurs . Unfortunately, the delayed d disjointed response by the Biden Administration is not a laying these concerns. Notably, we heard calls from residents of East Palestine in the local school asking where is Pete Buttigieg . The response from these palestinians mayor conway was quote, i dont know. It took secretary buttigieg ten days to even acknowledge the derailment. After he was called out he did a 180 and tried to sell a slew of Big Government regulatory proposals, desperate to disguise the failure of the administration action. For example, secretary buttigieg has proposed reinstating a break rule that was not supported by costbenefit analysis. Shortly there after the of the ntsb chairwoman pointed heom tweeted about this role. She said go, some are saying the ecp, electronically controlled pneumatic break rule, if implemented would have prevented this derailment. False. She proceeded to explain the proposed brake rule would not have applied to the East Palestine train and would not have prevented the derailment even if it had. Undeterred secretary buttigieg been released a laundry list of migratory proposals many of which have little to no connection to the East Palestine derailment. In an effort to further distract from his own failed response, secretaryy buttigieg has suggested President Trump was responsible for the derailment in East Palestine. I know thats a frequent playbook of this administration, when every problem on President Trump. But not even the Washington Post fact checker who usually goes out of his way to back democrat claims bought this claim. The Washington Post fact checker concluded, and i i quot, from our analysis none of the regulatory changes made to drink a Top Administration at this point can be cited as contributing to the accident. Contrast to secretary buttigieg, our colleagues on this committee, senator vance has kept focused on what should become on of people affected by the derailment. I applaud him and applaud senator brown for focusing on their constituents and a look for to continue to work in close to both of you and with the chairwoman on a bipartisan serious real safetyri package. Thank you, senator cruz. The first panel will provide Committee Testimony about rail safety legislation being supported by senator brown and senator vance. We will hear how the Norfolk Southern derailment has t impacd the community. L first will hear from senator brown and then senator vance who was on the committee about the legislation. Next we will hear from Governor Mike Dewine who will be joining us remotely who has been governor of ohio since 2019. The former sin colleague of the welcome him back into the senate for purposes of his experience on this derailment. We look forward to hearing from you, governor dewine. And last we will hear from Misti Allison who is a member of the community from East Palestine, ohio. So thank you all for being here. Senator brown, you can leadoff. Thank you, madam chair. Senator cruze, thank you and members of the committee especially my colleague from ohio senator vance. I want to thank governor dewine for the very good work he has done in responding to this. Misti allison for activism. She said today with chair cantwell said this is her second trip to washington on half of East Palestine can get. Shes here soon after the loss of her mother. Misty, thank you for speaking up during this difficult time and for yournd leadership and our thoughts and prayers of course with you andth your family. I appreciate the work that senator vance has done on this legislation. Its been a bipartisan effort from the beginning. Appreciate the comments of senator cruze and chair cantwell. I was just in East Palestine again yesterday. I want to thank all eyewitnesses on t the second panel chief comstock of the western reserve joint artistic and Clyde Whitaker with Smart Transportation division that represents some 3000 rail workers in our state. I appreciate the work. Chief comstock speaks clear about the child to First Responders and can reduce the size of East Palestine have faced. Mr. Whitaker as an unrelenting advocate for safe working conditions for his members and for all people working on ohio railroads. The nation none of these posting is effective committee in Columbia County ohio. The year i was born, a couple of that, Columbia County made 80 of the tableware of this country, the dishes and classes, because of that trade policy those jobs first moved south and enough to mexico and the native to china. Thereed are no, there are no potteries in colombian county anymore. This committee and debris committees just ang couple miles away in either candidates and other kinds of places that are too often forgotten or explain what corporate america. Now these ohioans are worried about whether the water is safe to drink whether the area safe to breathe. Whether the kids would get s sik and industry to the committee highchair a trip i too would have developed of though. Of the weaver mr. Shaw said non is going to make it right, and put in East Palestine and do right come his words, by the committee. Senator vance and are going to make sure that East Palestine is not forgotten. We both make regular visits there, not next week, not next month, not next year, not ever. Do right by this committee must include making sure more accidents do happen. As a reason for our legislative efforts that will only occur if we take clear commonsense steps to make our railways safer. Norfolkol southern followed the wall street Business Model, boost profits and its stock price by limiting over the last decade 38 of its workforce. These profits were sent on stock buybacks that benefit executives instead of investing to workers in investing in safety. Instead they compromise safety, cut cost to boost profits incudes along the route began. For decades the railroads have lobbied to undermine safety rules, distall and even now ar what theyve done to do so how tempting even with the eyes of the country on them, madam chair. Pretty ugly arguments from Norfolk Southern and the Real Industries lobbying arm that they support the intent of the bill epitope would need stronger rules that we for that before. Elsewhere. And the rewards are committed to safety they say theyre making changes they claim mr. Jefferies prepared testimony goes to Great Lengths to hide safety problems in his statistics. Heres a statistic you will hear. Taking at grade crossings the accident incident rate for claflin railroads i that include the shortlived come classroom railroads is higher in each of the past four years than any year since 2008. I think it a it progress has been wipeded out. The trains are going longer, have you, more dangerous. The train and went off the tracks that East Palestine was 149 cars pick the kind of went off the tracks in springfield ohio rest of the come 150 miles only twoes weeks later was over 200 cars. There longer, have you come or dangerous salinity are about quote meaningfully improved safety. Weve heard over past monthpr mr. Jefferies that 99. 9 of rail has reached the destination without releasing toxic waste to talk to ms. Allison another script ive got to know in East Palestine about how it feels to be that. 1 . After dash asked if she thinks that microsoft to brag about. Railroads refused to support new rules for transit carry dangerous hazards but you like vinyl chloride that werent wer. Did cut the o meta time the carn iq and to inspect each railcar to less than one minute. The railroads have often argued against increasing fines for safety violations. Of course here. Most recent fiscal year available Norfolk Southern at 579 violations in the cases that have been close. They pay an average height of less than 3300. He heard that right, not 30 billion, not 3 million. Just over 3000, over 3000, the largest fine they paid that you was just over 25,000. The company keep in mind planned to spend 3. 4 billion on stock buybacks and the always did that and even more right before they were about to do it again when the train derailed. Its not the cost of doing business. It is a rounding error. The railroads are fighting most basic of all required risk two crewmembers in a train. If you asked 50 people outside any work how may people to think work on the strains that are 200 cars along or that are two or three miles long . You at your people say five, ten, 20. Railroads want only one person working on a train thats two or three miles long. Thats frankly crazy. Earlier this month Norfolk Southern issued a sixpoint plan of modest Safety Improvements. We dont need a voluntary plan to we need the brown and still do we need safety rules that we need the Railway Safety for our bills have by person centric senator manchin and are both your today to urge this meant to embrace the obvious need for