EXCLUSIVE — Conservative advocacy group FreedomWorks is pushing back against a bipartisan
rail safety bill
led by Sens. J.D. Vance (R-OH) and Sherrod Brown (D-OH), alleging that
the legislation
would inflict new hurdles for businesses while doing “little to improve safety.”
In a letter sent to lawmakers on Monday,
FreedomWorks
President Adam Brandon said the measure would provide the Department of Transportation with too much power and that resources would be better spent aiding recovery efforts in East Palestine, Ohio, in the wake of the train derailment that spilled toxic chemicals, sparking health and safety concerns.
“We write you to urge your opposition to the Railway Safety Act of 2023. Introduced following the horrible accident in East Palestine, Ohio, the legislation offers a slew of significant new regulations that would do little to improve safety while creating gross inefficiencies for thousands of businesses. The provisions within the bill are much like the list of recommendations offered by the U.S. Department of Transportation (USDOT) and would grant this struggling agency unimaginable authority,” he wrote.
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“Lawmakers would be better served focusing on recovery for the people of East Palestine, including by ensuring railroad Norfolk Southern makes good on their commitments, while also waiting for more details from the National Transportation Safety Board (NTSB) to inform any potential future policies,” he added. “This appears to be the approach advocated thus far by Republican leaders of the Senate Commerce Committee and the House Transportation & Infrastructure Committee.”
Sen. Ted Cruz (R-TX) has previously voiced that they do not need to wait for the report to take legislative action.
Vance has repeatedly pushed back on the notion that the bill is not conservative, noting some of the most conservative members of the upper chamber back the legislation.
“Sen. Vance has built a strong conservative coalition, which includes Senators Josh Hawley and Marco Rubio, to craft a targeted bill that improves rail safety, without bogging the industry down with needlessly burdensome regulations,” a spokesperson for the Ohio Republican said. “The vast majority of Americans support additional safety measures for the railroad industry, which is why we hope all conservatives will actually engage with us in the legislative process to help find solutions for the people of East Palestine.”
Brandon went on to argue that the bill — which would increase inspections, place new requirements for trains carrying toxic materials, and increase fines on those violating safety regulations — would overregulate mixed-cargo trains and possibly weaken inspections.
“Any train with just one car carrying hazardous material would then be considered a ‘hazmat train,’ empowering the USDOT to regulate nearly every aspect of train operations thereafter. Trains are typically mixed cargo, so such a provision would capture nearly all freight rail traffic. Operators would be required ‘to create minimum time requirements’ for inspections, rather than focusing on quality of inspections,” the letter continued.
“Labor unions would be granted their long-desired wish to permanently freeze current staffing levels into place as it relates to locomotive operations. This widely opposed policy lacks any justification, as shown by the previous administration, and ignores the fact that the train that derailed in Ohio had three people operating the train,” it added.
FreedomWorks argued the legislation’s passage could lead to “potential unintended consequences,” insisting that “despite the preventable accident in Ohio, U.S. railroads are safe overall.”
“Rail companies would be forced to divert resources away from critical research and development, which could have otherwise been used to advance new technologies and improve efficiency. Rather than advance this misguided bill, Congress should instead focus on the facts to best protect businesses, consumers, and taxpayers,” it wrote.
The heads of a slew of conservative organizations also signed on to the letter, including Americans for a Strong Economy President Tom Giovanetti, Conservative Coalition for Climate Solutions Executive Director John Hart, China Tech Threat founder Roslyn Layton, CEI Vice President for Strategy Iain Murray, Institute for Regulatory Analysis and Engagement founder Andrew Langer, Rio Grande Foundation President Paul Gessing, American Consumer Institute President and CEO Steve Pociask, Center for a Free Economy President Ryan Ellis, Job Creators Network President and CEO Alfredo Ortiz, National Taxpayers Union President Pete Sepp, Consumer Action for a Strong Economy President Matthew Kandrach, Americans for Limited Government President Richard Manning, former Ohio Secretary of State Ken Blackwell, 60 Plus Association Chairman James Martin, 60 Plus Association President Saul Anuzis, Market Institute President Charles Sauer, Taxpayers Protection Alliance President David Williams, and Small Business and Entrepreneurship Council President and CEO Karen Kerrigan.
Vance blasted Republicans who came out against the legislation during a hearing last week, arguing that putting certain safety measures in place doesn’t go against conservative values.
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“We are faced with a choice with this legislation and how we respond to this crisis. Do we do the bidding of a massive industry that is in bed with big government, or do we do the bidding of the people who elected us to the Senate into the Congress in the first place?” he said. “I believe that we are the party of working people, but it’s time to be the party of working people. We have a choice. Are we for big business and big government, or are we for the people of East Palestine? It’s time for choosing — let’s make the right one.”
