Know any other way to enforce it among bad actors. Good actors dont need it but bad actors do. I imagine you have fines for your partners that dont meet their deadlines. I do think the federal government should be participating and supporting this. I need 17 other i need 17 other members to agree with that. In the meantime, we cant do anything. I think its pretty clear to me that we have to do something, but to pretend we do nothing or pretend that goodness will simply overcome the lack of goodness is ridiculous and unenforceable. We need to come up with a reasonable timeframe and allow ms. Find feinstein to enforce the law. I dont want to find anyone. We can dance around and point angers and show what happened five years ago, seven years ago, ten years ago, but since 1969 according to the end tsb, preventable accidents have killed 246 people and have injured 4263. I dont know how many funds have been lost because no ones put that together. If its a 200 milliondollar cap, its hard to tell but it seems to me just rough numbers but it looks like the cap wouldve been about 20 billion. This is a doable action. It is an action that pays for itself and has been Proof Positive by metrolink. Help us work with you to get it done. By the way, mr. Mathias you had 800 polls but that doesnt count the 11,000 you 11000 you did earlier. You milliondollar cap, its hard have posted 20000 across the country that have been approved. So we very got two thirds of the locations approved and ready to go. Is that right . Correct. Thank you for your indulgence. Safety is my First Priority and theres no question. Positive train control is enough necessary tool to improve safety. The fact of the safety. The fact of the matter is most railroads will not have the technology installed by december 31, 2015 deadline. Today im wondering what happens on january 1, 2016 if the deadline remains . Today ms. Feinberg committed to holding the railroads accountable if they do not meet the deadline including potential fines and restrictions of service. If the deadline is not extended what actions will the railroads likely take . I want to know whats going to happen on january we certainly worry about that. It is it is an untenable situation klaxon your testimony you mentioned concerns with the main rail conference about the ability of Commuter Rail property past the deadline as it relates to a reliability and coverage. Can you further describe what issues would prevent Commuter Rail that does not meet the deadline for operating . Clicks well, when we were at the conference the question was raised on whether we could operate or individual agencies can operate past the deadline because you are operating outside the confines of the law. All the Commuter Railroads are going with their risk andall the Commuter Railroads legal teams to take a look and see if that is the case clicks metro wont make the december 312015 deadline. Will not make the deadline. If the worst worstcase scenario occurs and Commuter Rail does not receive flexibility how would commuters who rely upon metro or other rail except the impact that operation changes . That would depend on the degree of what actually happens. If rail awards were forced to cut down that would put 300,000 passengers on the roads that are already congested which would not be a good solution. In pennsylvania the onboard vehicle locomotive system installations and you cited in your testimony one of the Biggest Challenges is Onboard Software, and that final election date is not yet known. Can you tell known. Can you tell us why this is such a challenge . I do not have that knowledge. In the very beginning it was somewhat theoretical and the way that the regulation was published in terms of what it had to accomplish. And and so we took a system that was much smaller, much less complicated and much less mature through the last seven years and worked to the. Where it can comply with all the regulations and functionality that has been required. I tell you from a Software Perspective theyre getting closer and he arguably the end of the year we can have a piece of software that is very close. The same close. The same time we have committed to not implement software that has any critical defects or severe defects but we are willing to Deploy Software with median or modern defects. Not really trying to get to perfect, we are making sure that it can provide the functionality and does not create a situation where there and a safety problem introduced. Just in the last month or so we have found a safety critical defect in the Onboard Software which must be corrected, retested, taken to corrected, retested, taken to the field, and the same holds true. These are people, this is their business, what they do for living. If theyre unable to tackle the technical challenge has been put in front of us, that gives you understanding of the complexity of the challenge that we have because it is just one piece of the puzzle. Just one piece of the puzzle. Clicks thank you. Thank you, mr. Chairman. Clicks thank you, and i would like to recognize ms. Brown. Brown. I will turn it over to mr. Akita. One piece of information for the record. This is from california highspeed rail their june 2009 request for funding. On there. On their request the request 230 million from the Investment Strategy from those funds that have been allocated to california. The the map where it shows exactly where those improvements would be. Can you zoom that in . Clearly move it up. This court or right here, positive train control, 230 million. California highspeed rail thinks that they can do it. This is this is in california. We want to Safety Improvement there. Mr. Chairman, understood. Passed me a note in the hearing that states that highspeed rail funding is in 328 million. We will 320 million. We will follow up and look at those numbers together. Thank you. We continue this ongoing exchange and i would like to recognize ms. Brown for our second round of questioning. Thank you. Indulge me for a moment. Amtrak had not implemented positive train control from new haven to boston. Not not only did they implement but it was the first in the country, and i want to submit that for the record. Metro fly visited with several times, i just want to mention that you have the support of the state and local recovery money. Budget is an issue for all of those. Lets those. Lets dont sit here and act like it is not. A a lot of local resources are not available. With that i want to go on. I want to say great things, but you are the one here representing platform railroads. Positive players. We need an extension, the idea that were going to start fining people. I i want the money to go and the system. There are no bad actors. They use the major us class once. The challenge. The canadian railroads of a slightly smaller footprint. They dont run as much as the United States and there is no band aid income of 25 in canada. At least in the class one world there are no bad actors. That is not what i have heard. Are i have heard. Are you working with the commuter lines . We are. We have commuters in and around dc, chicago, and a full spectrum of commuters and amtrak that run from baltimore to boston. Active discussions with them all the time. The committee etcher. Did our best to try to help educate folks so they would not have to face the same challenges as they deployed on their railroads. We had we had a good dialogue. We had a good dialogue and have kept it. Another meeting planned for later this year we can reengage and reassess where we are. What is the dropdead amount of time that you need . As an industry hardware complete by 2018 we want to make sure everyone understands by the end of 2018 we will have an 87 percent of the ptc footprint installed and implemented based upon current plans, plans that were in place shortly before the tragedy and the remaining 13 percent is what comes from those last two years. Literally we are starting to deploy operational modes right now. It ramps up from here through the end of 2012. How long will it take you to inspect . You have work to do. They would submit a plan which we would turn around to them and then they complete implementation and things would move quite quickly. The issue is that you would be three years past the deadline. Everybody understand that. It is not realistic and we have concerns. I have a real concern. We talked a lot about it. Even it. Even when implemented what about the local responders . We need to be able to talk to each other. And then katrina. Even even though there implement a something and amtrak is implementing, you have those local responders. How come we do not have a dedicated line for emergency in this country. Working hard to create an infrastructure for national interoperable Public Safety communication system. I think i think that is being addressed in that way in a separate spectrum band and being handled in a separate process. We really need to get this done. Thank you. Clicks i think the generally appreciate everyones testimony. And i laster shes on a panel with several Union Members and done. Thank you. Clicks i think the generally appreciate others. Wonder what your thoughts on the statement. We will look for the opportunity. Last hearing ms. Miss feinberg ms. Feinberg said they are looking at having a twoperson crew situation as an internal solution along with some additional backstops as well. Until ptc is implemented for deadline after deadline. Would you would you be supportive . Well, i think it is not necessary. Commuter side of the house. We have crewmembers in the train itself. Operate with 1 in 1 percent in the cabin 2 percent of the money. We dont support that initiative clicks you currently have two people. Clicks is already being done. What industryleading support of having twoperson crews as an interim solution . Is just not necessary with respect to give him where we are in the stuff you would have to go through to remove one Member Clicks okay. Thank you. The only thing i would ask the record is in addition to the other things ms. Feinberg may or may not, she now has apparently sent him to the hospital. Which obble gates me have to go visit him. Add that to the stack. With that my questions are done. I dont see any more questions from members. So on behalf of the chairman let me thank you each for coming today. We thank members of the audience. We move forward. Hearing no other business before the committee this hearing is adjourned. The committee will come to order. Scuke that my complete Opening Statement be made part of the record. Record. I am afraid we will have posted a few minutes. Let me say, in my view our Nuclear Deterrent is the cornerstone of all of our defense efforts as well as a source of stability around the world, and in my opinion for too long we have taken it for granted neglecting the systems, infrastructure, and people involved in making all of those complex machines safe, reliable, and effective. Unfortunately, the investment that we have made in Delivery Systems and weapons in the past are all aging at about the same time which presents us with a substantial challenge, especially when we emerge that with what other nations are doing. The committee has had a series of events over the course of the past week or so, classified and unclassified, looking at various aspects of this problem. I understand the oversight investigations subcommittee will have a further hearing on this matter this afternoon. So i think it is appropriate that we have our witnesses with us today to examine these issues. I look forward to introducing them in a moment mr. Smith has been detained for a brief time. In his absence i yield to the distinguished in woman from rhode for comments. Thank you. On behalf of the committee i welcome my witnesses today. I look forward to your testimony. Mr. Smith is at a physical therapy appointment and will be here shortly. He welcomes you and in the interest of time, mr. Chairman, without objection i submit the full statement for the record and yield back clicks i thank the gentleman and without objection, so ordered. Let me welcome our distinguished witnesses. Your presence is evidence of the seriousness with which the Administration Takes this issue. We. Were pleased to welcome the deputy secretary of defense, deputy secretary of energy, and the vice chairman of the joint chiefs of staff. Let me also say, adm. , the odds are this may be your last hearing in front of the House Armed Services committee, and my memory is Something Like 37 years. Thank you for all of those years, not only in your current job or we have been able to work with you on a number of issues but an incredible history of service. Thank you and congratulations. Mr. Sec. , you mr. Secretary, you are recognized for any comment you would like to make. Without objection your written statements will be made part of the record. You may have to punch the button to get the microphone i want to thank you and the members of the committee for the support you continue to show. I and everyone in the department greatly appreciated and simply cannot maintain the finest fighting force in the World Without your help and everything that you have provided. Provided. I am delighted to be here with the dr. From the department of energy. As you said, the vicechairman to talk about this important subject. I would like to touch briefly on three topics, the Critical Role our Nuclear Forces continue to play, the continuing importance of the Nuclear Deterrence and the action the program is taking to maintain a safe, reliable, and Effective Nuclear force. The survival of our nation is our most Important National security interest. The interest. The fundamental role of the us Nuclear Force is to deter attack on the United States which is the only existential threat. Extended deterrence. Well we seek a World WithoutNuclear Weapons we face the harsh reality that they are modifying their already capable Nuclear Arsenals and they are being developed. A strong Nuclear Deterrent force will remain critical to our National Security for the foreseeable future. I would like to address russias provocations as members of this committee will know. Senior russian officials continue to make irresponsible statements regarding the Nuclear Forces and reassess that they have been doing it to intimidate our allies and us. These have failed. If anything they have really strengthened the Nato Alliance solidarity. In our estimation our goal is to return the viability of that treaty. Under any circumstances we will not allow them to gain significant military advantage through imf violations and are developing and analyzing Response Options with the president and consulting with allies. Let let me just say this about Russian Military doctrine sometimes described as escalated the escalate. Anyone who thinks they can control escalation through the use of Nuclear Weapons is literally playing with fire. We have developed a plan to transition in our aging system there are reaching the time while they will age out to carry out this plan will be a very expensive proposition and weeks recognize that it will cost dod in average of 18 billion per year through 2035 with bfi 16. We appreciate the priority that places the Nuclear Matters given the significance to National Security to insure the safety this modernization we have delayed and we cannot do further any delays without putting the Safety Security and effectiveness of our forces at risk. The choices we are facing is that keeping the existing force or modernizing the force the choice is modernizing or losing deterrent capabilities. We appreciate that this committee has recognized this problem including legislation to establish a Strategic Deterrent fund. We believe we have to decide how to resource the fund and talk about how to solve this because it is a very pressing issue. I look forward to discussing this issue with you and the other committees and i look forward to your questions. Thank you, sir. The floor is yours. Thank you, chairman, Ranking Member smith and members of the committee. Mr. Rogers as well who i had the privilege of traveling with. I appreciate this opportunity to discuss the department of energys role in supporting Nuclear Deterrence. Secretary of energy and i appreciate the priority that this committee places on Nuclear Matters. Given their significantance and the emphasis president obama has placed on Safety Security and effectivenessglobal Nuclear Dangers. Todays hearing is set aboard a step in the ongoing effort with the Nuclear Deterrence of United States i am honored to testify along my colleague from the department of defense the department of energy and defense share a solemn responsibility to you deliver the Nuclear Deterrent