Transcripts For CSPAN3 Key Capitol Hill Hearings 20160610

Changes provided for under the fast act including processing procedures and an application dashboard. And finally something that goes hand in hand with all of the departments efforts is research and innovation. In march we began the competition for utc grants which allows students and faculty to Work Together towards innovative transportation solutions. Weve received 212 applications for the 35 grants available. Im proud of the work the department has accomplished in such a short period of time. But this is just the beginning. And it would not be possible i would like to repeat without the work of this congress on a bipartisan basis. We will continue our aggressive schedule to execute the reforms you put into place because if our nations going to have the type of Transportation System tomorrow that is better than it had today, wasted time is something none of us can afford. So with that, mr. Chairman, i want to thank you and i look forward to your questions. Thank you, mr. Secretary. And ill lead off and then well open up to our members in the order in which they arrived. Your testimony noted that the federal Railroad Administration is making progress on a number of important initiatives from streamlining the permitting process to reforming the riff program and id like to get a little bit more specific if i mike about the expected implementation timelines, in particular you mentioned that fra plans to propose expedited procedures this week. Do you plan to finalize those procedures before the end of the year . That is my plan, yes, sir. And when does the department expect to have a functional, Innovative Finance Bureau and what riff Program Reforms can be implemented as the bureau is set up . Were using a belt and suspenders process by basically twotracking everything to get it up and running. I expect that we will have the Bureau Office space up and going by the middle part of the summer. I also expect that we will issue and i think we may have already done so Job Description for the executive director of the bureau as well. So, my goal is to have it fully operational no later than the end of the year but youll see the rolling out of it steadily over the next six months. Can the riff reforms get going in the meantime . Yes. They actually already are under way. Theres a lot of work to try to consolidate a lot of the Program Structures of the riff program and the tifia program so they look more like each other. I think work is already under way. I think youll start to see a steady rolling out of that on the outside as well. The 24 7 Sobriety Program and Impaired Driving acts wassing . That the fast act made some significant reforms to, and has a number of Highway Safety grants that provide more flexibility so that states can qualify for the grants and address their own unique Highway Safety challenges. And this new grant aids states with a 24 7 Sobriety Program is something we were very focused on while maintaining the alloffender alcohol ignition interlock grant so now youve got a program thats worked very well and proven to be effective but we believe the 24 7 Sobriety Program is something that will enable states to use all the tools in their toolbox to combat the problem of Impaired Driving. Ive pointed out in the past south dakota has been an innovative in creating the 24 7 Sobriety Program and the Rand Corporation recently showed that such programs reduce repeat dui and Domestic Violence arrests at a county level. So, can you give us an update on the approach the department is taking to work with the states to provide more flexibility as you go about the process of implementing these grants . Yes. On may 16th of this year we issued an interrim final rule on the ignition interlock and 24 7 Sobriety Program. At this point a lot of the work were doing on this is working with the states to get the word out so that they are aware of the flexibility they have. We will be doing that through the summer and the fall, but i expect that well have a very robust response given the additional flexibility. Thank you. During consideration of the fast act there were a number of senators focused on supporting the needs of rural states. When implementing the law the department i believe should consider the burden of regulations on rural states and areas as the cost of implementing regulations on a per capita basis is higher. Im told that current proposed performance rules would require all states to file reports for all parts of the national highway system. And the question really comes back to do states really need to prepare reports to show, for example, that rural roads are operating at the posted speed limit . I mean, some of the reporting requirements it seems to be a little bit extreme. Ill take a look at it, senator, and perhaps maybe respond either in an rfq or in a letter back to you on some of the questions related to this. I would just simply say that it seems to knee at least that a more targeted approach to these reporting requirements would make some sense and it would save money for investment in transportation as opposed to reporting, so i would encourage you, mr. Secretary, as you look at those to be more skeptical about how some of these proposed requirements may work and how they would impact rural areas of the country. Finally, let me just talk a little bit about csa. As you know, the dotig and the gao and an internal d. O. T. Report concluded that the program was in badly need of reform. While theres broad support for the intent of the program to focus limited enforcement efforts on the least safe Truck Companies congress expressed concerns about the quality of analysis used to develop scores for motor carriers. The fast act required the scores to be fixed before they could be publicly held out as safety data. And we appreciate that the scores were removed on the date of enactment and that the raw factual data was restored to the website in a timely fashion after adjustments to the website were made. So, the question is, when will the program be reformed so that the scores can be returned to the public website with confidence that the analysis is appropriate and represents the risk of an individual carrier . Based on our preliminary assessment its going to take a while to do revised analysis of this. And i would expect it would have to be maybe a year or two. Probably more like two years before that information will be posted back up. Okay. My time is expired. Senator nelson . Okay. Mr. Secretary, on what i had talked about before, back in march we sent out letters to 14 automobile makers involved in the takata recalls and we said we want you to identify all the new models that are equipped with the defective takata air bags that are offered for sale or are contemplated to being offered for sale. Now, some responded and some didnt. And we put that into a detailed report which we released last week. But a bunch of them refused to answer whether they are currently selling new vehicles that contain the nondesiccated or, in other words, the ones that dont have the moisture absorbent desiccant that has been mixed in with the Ammonium Nitrate. So, this is a failure of informing consumers. And i think your regulator ought to be getting answers on this. Now, i can tell you, this senator and i think i can speak for a lot of senators up here intends to get answers. And thats why i put in the record the 14 letters that we have just asked again for complete disclosure of any new models with those defective air bags. And im expecting them to give us complete answers. So, now let me go to my question. Under current law whether its the law, whether its the fast act or whether it is the amended takata Consent Order, do you have the authority to say, number one, stop selling a new car with a bag that is going to be recalled in two years . And the second question is, do you, in fact, have the authority to require the disclosure to the buying consumer of that new car . That its got a bag thats going to be recalled. First of all, senator, first, i want to thank you for your persistence and the dogged determination you have to get to the bottom of this. I share your frustration with takata. We have been doggedly pursuing this issue from day one. Weve gotten a Consent Order with takata that we keep amending as the environment continues to change. The questions that youve asked i think on the first question, we are bound by our authorities to act where there is clear evidence that an action can be taken. And absent that, it would be something of a pyrrhic victory to recall vehicles without having the substantiation to be able to hold those recalls under the lawsuit. You would effectively find ourselves twisting in the wind on lawsuits before people would actually not have to be in those cars. Okay. Let me interrupt you here, then. What i think youre saying where as the law says because the chairman and i put this in the fast act. It says that you cannot sell a new vehicle with a recalled item. But the fact that they are selling a new vehicle with an item that is going to be recalled in two years correct. Youre saying you dont have the authority . Thats correct. Thats correct. Okay. How about disclosure . How about the protection of the consuming public . Within our existing authorities i do not believe we have that authority. I will ask our lawyers to confirm that for me, and i will share the answer with you. However, within the Consent Order weve been able to obtain additional requirements from takata that would not have otherwise been available to us. And so what i would like to do is to pursue getting that kind of disclosure requirement within the Consent Order and within the remedies that weve been able to obtain from takata and so make those disclosures happen. I agree with you that these disclosures should happen to consumers before they are purchasing these new cars. And, therefore, if your lawyers determine that you do not have that authority, then would you tell us what we do so that the buyer can beware, so the buyer knows what theyre buying . Yes. If theyre buying not the full package of what they think theyre buying, theyre buying . That they got to go in and have it recalled in two years . Yes. No, we will Work Together on this issue to get to the bottom of it, and i pledge that to you, sir. Great. And will you also, please, help us if any of these automobile makers are dragging their feet, not responding to these 14 letters, that we just sent out, will you help us . Ill help you, yes, sir. Maybe you ought to call a little prayer session with them. We did that back in january. Maybe well do it again. Thank you, mr. Secretary. Thank you, senator nelson. Also good line of questioning there. Hopefully we can get some followup. Senator fisher . Thank you, mr. Chairman. Secretary foxx, its good to see you, again, and i do thank you for your good leadership in this very critical area. My first question is about the National Freight policy which we established in the fast act. And in order to remain competitive, we need to have a robust multimodal freight policy that enhances the efficiency of both our rural and our urban first and last mile connectors. In fact, d. O. T. s National Freight Strategic Plan noted that freight flows across all modes will increase by 42 by the year 2040. In your perspective, what is the status of the implementation of that National Strategic freight plan, and how do you think the states are doing at designating those very critical rural and urban corridors and hows d. O. T. Providing any kind of assistance, Technical Assistance, to the states so that they can move forward quickly on that . Senator, first of all, i want to, again, thank you and this congress for the focus on freight. This is an enormously important issue to our country, as you know. And what the fast act has done both on the policy side and on the resource side has really been to pivot the country towards focusing on this much more. I want to speak on your question to two things. One is the formulabased freight program. We have provided guidance to the states as of this winter to help them understand how to access those resources. And our experience to this point has been theres a lot of interest and excitement at the state level to implement on the formula side of the effort. The period has closed as i pointed out in my Opening Statement for the discretionary freight program, which we will hope to make announcements on that program in the summertime. But our goal is to continue not only putting the resources out there but things like the expedited permitting and the categorical exclusions and all the work thats involved in trying to get projects teed up. We are moving on an accelerated basis and we made a lot of great strides. Thank you. There are resources out there and states like nebraska i believe are ready to nove on this so that we can start some good progress. As you know one of the elements of the highway bill that im really pleased with are the regulatory reforms that i authored for the fmcsa and that was to help with transparency and consistency. But also with the public being more involved in the rule making on that. I understand that next week the departments Motor Carrier Safety Advisory Committee is going to hold a Public Meeting concerning the implementation of that section 5203 of the fast act and that would require the fmcsa to conduct a comprehensive review and assessment of all the Regulatory Guidance thats currently on the books. In relation to this meeting how does the fmcsa plan to continue the process of reviewing Regulatory Guidance so we can look at the consistency and the necessity and also creating Greater Transparency as we move into the future . Well, im also very pleased to report that the fmcsa has been conducting listening sessions throughout the country and will continue to do so even above and beyond the commission that you just referenced. This is helping us understand the perspective of industry, understand the perspective of other stakeholders and frankly i think it will benefit our operational approaches but our policy and regulatory approaches Going Forward. In addition to that we have created a regulation Evaluation Division as of last year. This division is working to increase the use of available data and has advanced the agencys efforts to help to arrive at the best available solution on various regulatory and technical issues. Were also using that agency to increase transparency in our regulatory evaluations which is also of great interest to our stakeholders. Were also committed to advancing the advance notice of proposed rule making or pro seeding with the negotiated rule making considering major rules that require sufficient technical or scientific information. So, these are just some of the process changes that we are working through in response to the language that you were good enough to put in the bill. Do you think that will help you to respond quicker to stakeholders when they are dealing with that so that the agency can have a formal response in a more timely manner . I think it will help us times money in building roads. I think it will help us with speed and i also think it will help us with transparency, because the more youre not communicating in a vacuum the more people are constantly having communication with us the less surprises there are on both sides. So, i think it will be very helpful. Exactly. We want to see commerce continue and the fmcsa is important in making sure that our stakeholders are able to do that. Thank you, sir, its good to see you. Thank you, mr. Chairman. Thank you, senator fisher. Senator klobuchar is up next. Thank you, mr. Chairman. Thank you, secretary foxx, i know you were there in spirit but we just dedicated the overpass that you helped with with the tiger grant. I know we talked about that. Congressman emer and i were there. And thats in his district and its going to save a lot of lives. Thats great. Its the worst intersection in our state. And i want to thank you and the department for that. Some really fast questions here related to the fast act and the map 21 and the fast act and trying to reduce delays. What progress has d. O. T. Made to date in implementing the project, delivery reforms in the fast act, how are they going to communicate with State Governments . This question i talked to some of our state people, its their question. And how do you plan to monitor and assess the effectiveness of the reforms . So, were doing a number of things really across a variety of modes including fra, fta and the Highway Division. But with the Highway Division specifically on project delivery we are looking at the expanded use of categorical exclusions. We have through our bureau that was alluded to earlier we are also working on speeding up the permitting process by incorporating more concurrent reviews in the work so that there are fewer documents flowing between agencies and government. Were using one table to make these decisions which actually helps speed up the time. Those are two of the proof points of what were trying to accomplish and there are many more and id be happy to give you a more elaborate answer. Very good. Im going to move on from the safety issues with rail, but weve just gotten a statewide rail director appointed who is coordinating these efforts, and so i hope your department will work with her. I put a provision in there about the rail crossings, and obviously you and i have talked about in the past but itsing . That continues to be a concern. Takata, ive been long calling for this recall. We have a woman in minnesota who was blinded. She was a passenger in a car. I guess my question there is just related to how can we make sure consumers know what cars are under recall. What better job can we do with that . Because theres still people confused about what to do. We are working with the industry to ensure that when we have a Consent Order or a coordinated recall effort that we are using every tool available to us and to the industry. And so ive got a long list here of various strategies that were trying in relation to takata that include a recall campaign of safe car, save lives. Proactive use of internet, social media. Theres a lot of things that were doing to try to get the word out in some unconventional ways. Our goal is 100 compliance and we are now tiering and holding the manufacturers accountable when we do a recall and establish a Consent Order to get 100 compliance through that Consent Order. And what more theres that issue of the replacement inflater, what more can we do to make sure they are available as soon as possible . So, the unfortunate reality is that theres only so much supply. I think some of the recall activity has actually triggered some additional suppliers to come out of the woodwork so to speak and as that supply comes online were just going to continue to tiering it towards the risk as best we can. But i think were doing everything we can within the universe of supply thats there and hopefully well see more suppliers come into the market. Thank you. Last, distracted driving. I think the chairman and the Ranking Member for including the provision i had with senator hogan. As you know there was a huge, i know, a big priority of yours as well as your predecessor. There were grants available to help states to educate drivers. Its more and more of these deaths and injuries are occurring because of distracted driving. It has not slowed down and yet we had a pot of money sitting there that no one could access i guess, only the state of connecticut, senator blumenthal isnt here, but that happened one year. We made it easier for the states to get in compliance so they can acis ex access the money as well as the graduates drivers licenses programs and we made changes there and i thought you could comment in general on distracted driving. It continues to be a huge issue. Were going to have to continue working particularly with our younger cohort of drivers, but its really across all demographics. In may of may of this year we issued an interim final rule implementing the fast act distracted driving grants as you point out. Thank you. You did that quickly. Absolutely. And so there will be comprehensive distracted driving grants as well as special distracted driving grants available to states and well move the money as expeditiously as possible. Thank you. I think timing is critical here, so i really appreciate it. Thank you for your good work, secretary foxx. Thank you. Thank you, senator klobuchar. Moving further west, senator shots . As west as you can go. And way warmer. Thank you, mr. Chairman, and thank you, secretary foxx. I wanted to followup with you on tifia financing for transsitoriented development. As you know we reduced the dollar amount threshold for eligibility for projects and also included as eligible projects tod. And i wanted to get your view on how we are moving along in terms of finding projects that are appropriate. And ive heard some concerns expressed from the private sector about exactly what the eligibility requirements are. And i want to get your assurances that were moving along and interpreting the statute in as flexible a manner as possible. First of all, yes, sir, we are very, very excited about this new flexibility for our loan programs. We have actually fhwa released tifia guidance that clarifies tod is eligible under fast act. We expect fra to follow suit shortly with the riff program. And so we dont have any to date any applications, but weve heard a lot of interest in this program. And if theres anyone who has a question, i would really urge that you or others direct them to our build America Transportation Investment Center which can help them figure out not only how to make use of that tool but any of our other creative financing tools for transportation. Great. Thank you very much. Weve talked a lot about complete streets, and i really appreciate the departments focus on transportation generally speaking, that its not the department of highways or the department of rail. It is the department of transportation and we really need to be thinking about how to move people around in as safe of a way as possible and ive been working with senator heller and others on complete streets. And i wanted to first get your sense of how were moving along. We wanted something a little more proscriptive in the statute. We werent able to achieve it, but on the other hand i think youve been able to work with mayors and transportation directors for State Government and aarp and other stakeholders. If you could just give me a quick update on how were moving along with respect to this because whether the statute read exactly how i wanted it to or in the compromise version, i think the key is implementation at the sort of administrator level so i want to know how were doing and i know you have a special perspective having been a mayor. Yes, sir. I think were moving along fairly well. We did initiateing . E something that brought 200 mayors from across the country together to share best practices on how to implement essentially complete streets designs. Our federal Highway Administration is also creating greater flexibility in the design of federal aid to highways so that theres at least the possibility that states and local governments can use those roadways in more innovative ways for all users. I think this is this is an area where it is not just a local governments. Its also the state and federal governments have to Work Together to lay out best practices in all three levels of government will be involved in execution. Sure. And if youre using fast act funding, you know, in urban honolulu versus in south dakota, obviously youre going to have a different set of priorities and thats appropriate. I want to recognize senator heller for his leadership on a bipartisan basis of trying to move this forward. I have one concern thats been expressed to me and has to do with a rule proposed this spring which aims to establish measures of highway performance and congestion and the concern is this that all makes sense in a vacuum but to the degree and extent that those metrics create an incentive that sort of ignores the question of multimodal, ignores potentially the question of location efficiency and sort of to the extent that the department is working on integrated multimodal Transportation Systems and being smart about all this, that you dont want to create a rule which basically establishes a metric that says if youre a local d. O. T. Director you say, look, thats all nice, theyre encouraging us to do this, but theyre paying us to do that. Which is one more highway lane, one more boulevard lane and thinking in terms of transportation and sort of how can we sort of channel i mean, i think of the Old Army Corps of engineer in terms of flood control, right . It was always blow as wide of a hole as you could and channelize and move the water through as quickly as possible. Transportation systems certainly there are instances you want to move a car as quickly through a community as possible but other instances you want to encourage people not to take the trip because something is right next door nowadays. I know you understand that. But i want you to take a look at that rule from that perspective. I will, sir. Thank you, sir. Secretary foxx, always a pleasure to see you, thank you for being here before us today. The fast act does a lot to incentivize the development and deployment of a very innovative Transportation Technologies particularly in the space of automobiles. And i want to before i go on to the questions take a moment to thank you for your work in this area. You have been a real advocate for exploring how we can really fully utilize some of the exciting new technologies eventually leading to Autonomous Vehicles. And as you know, i sponsored a bill that was signed into law as part of the fast act that two allow states to use existing surface and highway transportation funds to invest in vehicletovehicle infrastructure, the dsrc technology which can help deliver really critical information to those vehicles on the road and its going to help reduce Traffic Congestion as weve heard from previous speakers as well as dramatically reduce accidents. Section 6004 of the highway bill also directs the department of transportation to provide grants to localities to establish advanced transportation and congestion management deployment sites and i understand that solicitation process is Going Forward as we speak. And i also know that the department of transportation is finalizing its selection of the smart cities challenge winner and that one of the criteria for the challenge is to integrate advanced technologies in the management operation of the city which includes the deployment of connected and Autonomous Vehicle systems. Mr. Secretary, what role do you see the vehicletoinfrastructure dsrc technology as other dsrc technologies playing in the deployment sites and to the eventually d. O. T. Smart city that will be granted . Well, i think that, first of all, we are we are at the very edge of a wave of technology that will enter into the transportation space. And it is i think there are areas that we know are going to be areas of opportunity. The advent of connected cars. The advent of autonomous cars, i think those trends are coming, and they are unalterable in that sense and so we have a response to be ready for that. The vehicletoinfrastructure component follows along with that. And what that means is a lot of things. In some respects you have some of that functionality today with coordinated signalization. But it also could in the future do things like your streetlights are coordinated according to the movement of automobiles, and so when theres no automobile on the road the streetlights are dim and when cars appear, at a certain distance away, they come on. And that could create Energy Savings and not compromise safety. So, there are a lot of opportunities in this space. How they actually get deployed is one of the questions smart cities challenge is asking. We are trying not to be proscriptive saying you have to have your streetlights coordinated, you have to do this or that. Its more a question of what is the vision that each city has and how does technology relate to that vision. So, its been an exciting opportunity to see 78 cities apply, to see seven finalists and to see this process moving forward but i think this is the beginning of that conversation, not the end of it. Right. Well, it is exciting and i think a critical part of that is the ability for vehicles and infrastructure to communicate back and forth which means having dedicated spectrum and as you know theres some discussion as to whether or not the spectrum should be shared. Could you speak a little bit to how important it is to make sure the spectrum is available and unfettered in these Transportation Systems . Yeah, i think, again, you cant understate or overstate you on how important it is that speck presume sharing is safe. We are supportive of the Safe Movement of vehicles and i think the thought process to this point has been to reserve the 5. 9 band for connected vehicles with the thought being that if you shared it, you would compromise safety. Were now in the throes of a Research Project with the fcc to determine whether you could actually share spectrum safely. And if you can, im sure well be supportive of it. We need to know before we do it, we dont need to do it before we know. Youre actively coordinating with the fcc . Yes. Yes. Do you feel that is working well . Yes, sir. There were some early hiccups perhaps on both ends but i think were at a very good place now and working well together. Its great to hear. I have a few other questions id like to submit for the record for the secretary, but my time has expired. Thank you, senator peters. Thank you. Next up is senator heller. Mr. Chairman, thank you for holding this hearing. And secretary foxx, thank you also for taking time out of your busy schedule thank you. To be here today. We have the Las Vegas Metro chamber of commerce in town this week. Okay. And they held a function last night in the kennedy caucus room. Im unlike a function ever held in that caucus room before. But it was interesting the dynamics of bringing the Las Vegas Chamber of commerce into washington, d. C. Las vegas is a cando city. Anything you want, anything you think can happen in that town, in that city will happen. To have them come to washington, d. C. , where nothing happens was quite a dynamic, and i would hope that they would come more often. Maybe they would have some influence on our on our city out here in washington, d. C. , but heres my question you know, theres a couple hundred of them at that event last night. Their interest obviously is that corridor, the i11 corridor, the legislation i pushed in the fast act. I dont have to tell you the importance of it. Two largest cities in america phoenix and las vegas without a freeway between them. And you can imagine the Economic Development that would occur in the southwest if you could connect those two cities and its not just the connection of las vegas to phoenix but all the way down to tucson and all the way up to the canadian border. And thats the plan. They want to know. And i have to neat with them tomorrow. If you were meeting with them, i guarantee you the first they will ask you is how long is it going to take to get that corridor between phoenix and las vegas, whats the answer to that today . Whoo. Theres no pressure. Youre meeting with them tomorrow. The question im going to be asked. Senator, we understand the importance of this corridor, and your leadership on moving the process forward has been absolutely critical. And im sure youre aware that map 21 did provide a portion of it being designated. The fast act, as you point out, through your efforts, designates the portion between arizona and nevada. There is a working group that we have been part of convening that is looking i think the biggest constraint to be honest with you is not just the planning and the design, but its also identifying the federal and state Funding Sources for the project. And were going to continue being at the table with arizona and nevada until we figure that out with them and in identifying flexibilities that may support the advancement of the i11 corridor. So, we are working with them. I think that Something Like a tiered neepa analysis is currently under discussion. Were going to do everything we can to help move things forward. Getting the planning is part of it, but i think getting the resources in place is going to be the biggest challenge. The first section of that is the boulder city bypass and that is taking federal, state, and local dollars in order for that to occur. So, i think nevada, boulder city, las vegas are doing everything they possibly can to get ahead of this thing. Tell me a little bit more about this working group. How do they prioritize these highpriority corridors like the i11 and other projects . Well, we always work based on what the local jurisdictions want to do. And in this case you do have a demand that is coming from both states. And getting them coordinated and figuring out how to jointly plan a project of this magnitude and how to jointly go through the permitting process and using the levers we have to try to accelerate that, thats some of the work that is currently ongoing. Again, i think some of the Biggest Challenges are going to be each state looking at its its complement of transportation projects and figuring out how it can fit in the resources to do these projects, and, of course, where we have the ability to help on the funding end were going to be looking for ways to help out. Okay. Okay. Because im just trying to figure out is there any way of streamlining this process. Yes, yes. Im sure thats what the working group is all about. Yeah. Get through this neepa program, i guess the question is i dont have an answer yet. 2 years, 10 years, 20 years, how long does a project like we havent produced a new federal highway to this extent in decades, wondering i would straight the planning and Design Elements from the funding element. And i would say that we can move as fast as the locals can move as they work through the alignment issues. Were already trying to accelerate the neepa process, so we will continue trying to do that kind of work. I think on the funding side of it, we are constrained by what we have available. The fast act does provide additional formula dollars to each state for freight projects. In theory this could be considered for that. We have guidance that we put out this year. And to the xextent our discretionary programs will support and help, we will obviously consider any opportunity to help. Thank you for being here. Mr. Chairman, my time has expire expired. Thank you. What does it take for one to get invited to the las vegas comes to the capitol you were, mr. Chairman, you were invited. I was. I thought it was maybe one of those what happens in the caucus stays in the caucus events. You had to be over 21 years. Maybe you didnt meet that criteria. All right. Next up is senator cantwell. Thank you, mr. Chairman. Its good to see you, mr. Secretary, and thank you for all your leadership on the freight and the fast act and youve obviously brought that up, but certainly look forward to working on what is going to be a very important tool for us to keep u. S. Product moving and getting to its final destination, so thank you for that. One area where i think you and i may not have seen eye to eye on in the past has definitely got an accentuation point put on it just last friday and that is the Columbia Gorge rail derailment and explosion. And it seems to us like it just came to the Pacific Northwest but Everybody Knows how much oil of balkan crude is moving through the area. I heard from last friday about their concerns about the continued movement of this product. Thats primarily because this product moves through every major it goes through spokane, it goes through the gorge, it goes to vancouver, up in some cases all the way up to refineries, you know, in the northern part of our state through seattle. So, every community, you know, because we have just like the problem youre trying to fix on freight, you know, the rails are right there close to the ports, close to the urban centers. So, part of our challenge is the explosion and derailment that we saw on this gorge situation was the thermal jacketed 1232s. So, under your rule they will take until i think something, like, 2025 to be basically phased out. More specifically, though, to me because this issue of the product itself is not being properly regulated. The volatility of balkan crude is over the standard by which almost every other thing is set, you know, people who are moving this product into pipelines set a vapor pressure which is the volatility of the product below ten. The nymex doesnt take contract on product unless theyre ten or below and yet were letting these shimmerppers selfdetermine to ship at over that pressure which means its more volatile. The reason i bring this up is even with your own analysis of these new tank cars even the best tank cars that were going to implement in the future, even the new thermal jacketed 117s at more than 18 miles an hour, they still have a puncture, can have a puncture. So, to me while were improving the rail safety, while were improving the railcars, we also have to improve and lower the volatility of this explosive product. We cant have this Product Shipping through tunnels in seattle with our light rail Transportation System, we cant have it next to hotels in vancouver, we cant have it going through neighborhoods with people in spokane. Im asking you will you consider an interim rule . You have the ability now to get the study done as it relates to the transportation bill, to look at the volatility of this and d. O. E. And d. O. T. Are working together. But why not given this most recent explosion look at setting an interrim rule on volatility given the hazards this material is showing to our communities across america . And certainly we just witnessed in our region of the Pacific Northwest. Senator, i want to, first of all, say that i i actually feel the same sense of urgency that you do around this issue. And our department has been working since the day i came in, it happened within a just few days of my taking office in this role. And it has been a real a real push almost every day. Weve taken a bunch of actions, but i dont think we are at the end of the cycle of continuing work at this. I think we still have a lot of work to do here. I would say that on the table the stabilization issue, weve worked with the department of energy to formulate a study to understand the dimensions of this material and have a definitive study out there that really allows us to set policy around it. I will certainly take your recommendation back to our staff and provide you with a formal response from the department. But im taking any and all suggestions about how to deal with this Going Forward. I think we are weve made a lot of progress. We are safer today than we were three years ago. I hope that over the next several months and years we end up safer than we are today. Well, i just think for us we do not want to see a loss of life before we see a regulation of this vapor pressure. And with the volume of balkan crude moving through our state as i said, every major population center, its just too big of a risk not to have this product, which we wouldnt let a propane, unregulated vehicle moving through downtown seattle with that vapor pressure. Were not letting, you know, natural gas the same way. The people who are moving this product in pipeline are demanding that it have a lower vapor pressure, so, then, why are we letting, you know, these trains just continue to move as an explosive product through our community . And so while i appreciate all our efforts on the d. O. T. And the lines that were going to do to improve our rail system, i just think fundamentally we have to reduce this vapor pressure, so thank you for considering that and look forward to your formal response. Thank you. May i also just thank you for your leadership on freight as well, senator. I dont know that we would have as much of the conversation if it hadnt been for your efforts, so thank you. I think we all know freight cant wait. Thank you. Thank you, senator cantwell. And i mentioned in my opening remarks the work that you did on the freight components and aspects of this. And a lot of the reforms with regard to railcars and blankets and refitting the protective measures and safeguards that are in here will be helpful and were going to make sure that we work with the department to ensure that those things get put in place in a timely way. So, thank you. Next up is senator ayotte. Thank you, chairman. Secretary foxx, as you know, New Hampshire was recently welcomed the news that we received the tifia loan, a 200 million tifia loan, and thank you for that, for the i93 Improvement Project which will widen 19. 8 miles of interstate 93 from 2 to 4 lanes between our largest city manchester and to salem, New Hampshire , which is right on the New Hampshire massachusetts border so this is really important to our states economy and transportation in New Hampshire, so thank you for that. Under the fast act there was established the National Surface transportation and Innovative Finance Bureau to help streamline the application process for states and local entities applying for and obtaining federal financing or assistance for large surface transportation projects. I know you briefly mentioned in your written statement d. O. T. s work to get the bureau up and running. But i wanted to could you please provide a detailed update for the Committee Regarding the departments work to implement the National Surface transportation and Innovative Finance Bureau, and have you been able to identify an executive director yet . And do you expect the bureau will be operational by the end of the year . On the last question first, yes, i do expect it to be operational by the end of the year. We expect to open the doors of this new bureau in the middle part of the summer. And we actually have already gone through a pretty extensive exercise at identifying some of our existing resources, human and otherwise, that could be placed into the bureau immediately. So, this will be a steady ramping up over the course of the year, but it will start very strong, middle part of the summer. In terms of the executive director, we have a solicitation out for an executive director, but were hopeful to get that person on boarded before the end of the year. Great. Once you get this up and running, and im glad to hear thats moving quickly, how would you thinking about this bureau over the long term, how would you envision the bureau supporting the work of our states and communities in moving forwards with larger projects like i93 . Yes. You know, i think one of the biggest things that the bureau is going to do is to bring our innovative financing resources under one roof. And theyll be kind of one stop shopping for the project sponsors at the state and local level as well as the private sector. In addition to that, you will find that projects that are moving within the bureau are going to have a level almost a sharper kind of level of support as they move through other aspects of the project delivery, including the permitting and other spaces that have to be im sure states would like to have a sherpa, that would be great. Sec. Foxx absolutely. So, i expect this is going to be a very successful effort. We have some very good early experience with the build America Transportation center that the president authorized us to do, and were going to keep building on it with the bureau. Great. Thank you. Sec. Foxx thank you. I wanted to followup, too, there have been health and safety concerns that have been raised related to the flammability standard of childrens car seats and wondered if you were aware of these concerns, and whats being done to address them. Sec. Foxx so, nhtsas safety standard for flammability currently does not require flame retardants. The flammability standard aims to afford adequate time for caregivers to help children escape a vehicle in the event of a fire. And we know that about 194,000 vehicle fires occur annually in the u. S. , resulting in 300 fatalities and 1,250 injuries. And of these 20 fay talltality fatalities, 25 injuries are children. And foam used in child seats and vehicle seats can exacerbate a vehicle fire. Therefore, child seat materials and Motor Vehicle seat materials are required to prevent flames from spreading. Nhtsa is initiating Research Today to better understand and evaluate the issues involved in this area. Including flammability requires and flame retardants for child restraints and so that work is ongoing. Very good. I now have a brief period left, but wanted to followup, one of the amendments i had on the fast act was focused on additional steps for nhtsa to take to help steps to emphasize drugImpaired Driving. And in New Hampshire we are seeing as we are other places in the country a heroin epidemic, an opiate epidemic and the national Roadside Survey has recently shown that there actually has been an increase. That data goes from 2007 to 2013 and 2014. But if New Hampshires any measure, were seeing even from 2014 up like this. So, any brief thoughts on, you know, what we can do in terms of nhtsas action and d. O. T. Thinking about drugImpaired Driving and the challenges were facing with it . Sec. Foxx we actually this is on our radar screen. Theres a lot of activity going on to study drugImpaired Driving. I think the hardest nut for us to crack is going to be how do you set a standard, you know, you have a standard for alcohol, for instance, but how would you and how do you measure it. Sec. Foxx exactly. So, this is work and research that is ongoing. But you have it on my word that we will work as expeditiously as we can to get answers. Excellent. Thank you. Sec. Foxx thank you. Thank you, senator ayotte. Senator blumenthal. Sen. Blumenthal thanks, mr. Chairman. I want to pursue the line of questioning that senator nelson raised. And begin by saying, i think the American Public would be aghast and appalled that recalls have not been extended to cars on lots right now. Cars that they are buying that in effect are subject to the same safety defects as the cars under recall. Or to put it differently that theyre buying defective cars simply because they havent been told theyre under recall. And if there is a need to change the law or start an education campaign, i say this to you, mr. Secretary, because i know your hearts in the right place, and i respect immensely the higher standard of safety and diligence that you brought to the department of transportation during your tenure there. Shouldnt the Consent Order be amended again right away or other tools used to stop the sale of these cars with these potentially deadly safety defects . Sec. Foxx well, we did have a bit of this colloquy before. I dont believe we have the authority to do that. Sen. Blumenthal why not . Sec. Foxx because the cars arent recalled now. Sen. Blumenthal why not put them under recall . Sec. Foxx because we dont have the basis to do so. Sen. Blumenthal why not . Sec. Foxx because the evidence isnt there. In other words sen. Blumenthal why not . Sec. Foxx because it doesnt exist. Sen. Blumenthal why not get it . Sec. Foxx we have a sense of whats unsafe. And that which is unsafe has been recalled. And we will continue. Weve never said this takata thing has been finalized. We are continuing to search and understand the dimensions of whats unsafe. Sen. Blumenthal these products are the very same Ammonium Nitrate air bags that have sent shafts and shards of metal into peoples faces. Thats why i say the American Public would be aghast and appalled. And i sat at this very table and heard from takata not ten years ago, but within the last couple of years, that they simply lacked enough parts and equipment to provide the substituted air bags that would be necessary. And i called then for them to share proprietary information with other air bag manufacturers so this recall could be done much more expeditiously and its as though that conversation never happened. Sec. Foxx i dont think thats true. I mean, this recall is the largest recall in this nations history. Sen. Blumenthal i give you credit for it. Sec. Foxx it is the largest recall in this nations history. 70 million recalled. And, by the way, we dont know whether were done yet. And if there is a way to use the concurrent Consent Order, to amend it to ensure that people who are buying cars are notified , we are willing and hopeful to pursue that. But i dont think this is a closed book. But our Agency Within existing authorities has to use evidence available to us. And we do know that these cars will eventually be recalled, in which case sen. Blumenthal i agree with you that they eventually will be recalled. Sec. Foxx yeah. Sen. Blumenthal and i take at face value the representation that you feel you lack sufficient authority now. I would like to pursue with you the potential for the amending the Consent Order, or increasing that authority. Because i think its trust me, i really do credit you and applaud you and thank you for your focus on this issue. I want to shift to rail, and again another area where you have been very importantly creative. We need to make longterm, robust investments well beyond what were doing now. I know youre working closely with my colleague senator booker and others from new jersey and new york for a plan on the hudson river tunnels. Id like your commitment to work with me in developing a longterm plan to rebuild the northeast corridor beyond just those tunnels, especially the aging bridges and tracks that we have in connecticut, the need for positive train control. There is 199 million in a measure we have just pass eded passed. The amtrack rail route, and track control, and i want your commitment to work with me to in applying those moneys to investment in that northeast corridor. Sec. Foxx absolutely. And, by the way, on the other pieces that you mentioned on the takata issue, i want to work with you on that, too. We all have a shared interest in making sure the American Public is as safe as possible. Sen. Blumenthal i agree, sir. Thank you so much, secretary. Sec. Foxx thank you. Sen. Blumenthal thank you for your diligent and dedicated work at the department. Thank you. It is somewhat remarkable that new cars are being sold. Granted, the air bags are not defective yet therefore the authority issue, so i appreciate the dilemma you face about prioritizing those that present the greatest risk in Public Safety and Health Hazard at the moment, and starting there, but this is a something that were going to have it continually stay involved with. Next up, senator sullivan. Sen. Sullivan thank you, mr. Chairman. Mr. Secretary, good to see you again. I really want to thank you for coming out to anchorage, alaska, and meeting with our native leadership. It was an important meeting. I know they very much appreciate it. I wanted to follow up on an issue that came up in that meeting and that i and senator murkowski and don young have subsequently written you about. Thats the issue, as you know, under the alaska native claim settlement act of 1971, and then consistently several other federal laws its been clear they were able to participate in businesssantaged enterprice program. The eligibility based on the certification of the system ba, and since 2009, sba has recognize the the selfcertification is appropriate for ancs given that i consistent designation as economically disadvantaged businesses enterprises. What we discussed in anchorage, what we followed up and wrote you about is theres this process now thats beginning where some of the states are not reconizing this process, kind of creating 50 different bureaucratic hurdles. In response to the her that congressman young and senator murkowski and i sent you, you stated that d. O. T. Will consider guidance to states on the anc participation, and we appreciate thats but your response noted that the department has chosen not to recognize sbas certification process, in particular selfcertification. As you can imagine, this is a little confusing to me and recognized as appropriate. But there seems to be a recent internal d. O. T. Policy change that doesnt recognize what the sba is doing. So can you work with us to iron out that internal inconsistency . It certainly seems like theres something amiss where two federal agencies are not talking from the same sheet of music, and in your development of guidance in consideration of this issue, id like your assurance to work with us to make sure theres uniformity across the 50 states in req any recognition of anc eligibility, which the sba clearly already does. Sec. Foxx well work with you to clarify this. Sen. Sullivan i know its a little specific, but we raised it in anchorage, and in a letter, and there seems to be this internal inconsistency between the sba federal law and what were doing. So i appreciate your commitment on that. Let me turn to another topic. Touched onmenthal it. Many others were focused on regulatory reform. As a matter of fact, in a hearing several months ago, you and i talked about how long it takes to permit a bridge in america, which is a disaster, six to seven years. Id like to submit two articles, one called the highway to beurocratic hell. Another one called why americans dont trust government. These lay out bridges that are become not new bridges, but just to be repaired, so the bridge that connects new jersey to staten island, five years . Just to raze the bridge . The anderson memoriam bridge in Memorial Bridge in cambridge, massachusetts, five years . Just for the permitting were talking about. I think theres so much we can do. 61,000 structurally deficient bridges in america. Because it takes five to six years to permit a record, so even one we just want to repair, not expand. Theres a lot of different ideas. One of the things that i think is a good idea is to if youre just repairing a bridge to waive the permitting requirements, because youre not hitting the ecosystem or the environment. Are there areas that you have in terms of other things we can do besides whats in the fast act to get to what i think is a real, real problem for america. What are some of your ideas . Would you be in favor of waiving requirements for just maintenance on bridges . Bun way is to move permits through the process, but its very narrow. We have gone pretty substantially i may get this wrong, so ill send you an rfq that will give you the number, but i believe it was Something Like 93 before, and were closer now to the 6 or 97 . Sec. Foxx we could move projects more quickly through the process. We have gone pretty substantially. Rfq that willu an give you the actual number. But i believe it was Something Like 93 before, and were closer now to 96 or 97 . I would also say a couple other things being attempted at the state level. By the way, its not altogether always clear whether it is state or federal permitting requirements that tie these things up. Sen. Sullivan yes, sir, i couldnt agree with you more. Sec. Foxx there is also technology. Ill give you one example. In massachusetts they were able to installed 14 bridges over a weekend, because the bridges were prefabricated. So theyre actually ability to knock out the old bridge, slide the new bridge in and have it ready by monday morning. These technologies i think will help us speed up the construction time. But it is absolutely true when the government promises a project and it happens quickly, the public gains confidence. And when it takes decades, the public loses confidence. Sen. Sullivan im going to submit as additional article, which is focused on making sure or veterans get expedited into the commercial trucking industry. Ill have questions on how were doing on follow up on that. Chairman thune thank up senator sullivan. Senator moran. Sen. Moran thank you for being here, and more importantly thank you for your assistance with me and my staff. What it does is allows for manufacturers of trailers to deliver them to their dealers, and that provision preempts state law. But its my understanding that apparently many states are still attempting to enforce their own provisions . So i raise to you this particular issue of education of states, specifically to this issue, but more broadly the department is doing what to make certain our state departments of know where their jurisdiction now lies. Sec. Foxx let me come back to you with a formal response, senator. Its an important issue, but i want to answer the mail on this. But i would suspect and will verify that we are actively working to educate the states on this, but let me give you the detail. Sen. Moran i would welcome the followup. We have a number of trailer manufacturers in kansas and of course they exist across the country and this is an important provision in getting their product to their retailers. Sec. Foxx sure. Sen. Moran secondlt, the fast the ecpired a study to rates on rail cares. Has the gao provided you any status report as to the progress theyre making with their study . Have you seen any results that you can share with us . Sec. Foxx i do not know the status of the gao study. I know that the nas is in the process of standing up the committee that will be evaluating th etesting. On we are also working to ramp up and get it started. That work is under way, but thats the current status. Sen. Moran when you say that, you are talking about assisting science . Sec. Foxx as i understand, the method takes them a while to their committees. It takes them a while to ram up there, by the way they do that, and given the timeline we have to move off this weve moved forward with some of the development of the testing. My hope is they can move quickly enough, but were worried that we may blow the timeline if we dont start working. Sen. Moran again im being repetitive, but im trying to make sure i understand. Is that your own testing or assisting the National Academy of science . Are you assisting in sec. Foxx my understanding is nas will be evaluating the testing that is done by the department. Sen. Moran done by the department. Ok. So the testing is your evaluation . I assume you would tell me when the testing and results are in, that is something you would commit to paying attention to as you develop your plan in regard . Sec. Foxx yes, i can also tell you that the results no results of the testing that is being done will be published or put out there until the n. A. S. Task force has a chance to really drill into it and validate it or invalidate it. Sen. Moran thank you, mr. Secretary. Finally this is a manufacturing question somewhat outside the scope of the fast act, but my question relates to harmonizing cafe standards. My understanding is that the National Traffic Safety Administration and epa are not in sync with the standards. You can be in compliance with one and fined or challenged by the other. And the administration had the one National Program trying to harmonize the regulations so a manufacturer, all of us can understand what the standards are. Can you bring me up to date in that regard . Sec. Foxx theres work to do underway to do the interim half way report on the cafe standards. I think things are going in a more harmonious direction than you think they are. I expect that work will continue forward and well be able to report out something in the fall. Havean if you ever any specifics i would be grateful for you to share them. Im always looking for harmony. Sec. Foxx yes, sir. Thank you. Chairman thune thank you, senator moran. Hes a harmonious guy. Senator from montana, senator danes. Sen. Danes thank you, mr. Chairman, a point that cantsenator cantwell, just a reminder, that bakken crude could transport through the keystone pipeline. They said it is all canadian crude. 100,000 barrels a day of bakken crude would enter the bakken out of baker, montana. Secretary foxx, thank you for visiting montana recently, not too far from Glacier National park. And that was on the it was a historic meeting, you were the first secretary of transportation to ever step foot on the reservation there. Sec. Foxx wow. Sen. Danes i dont know if you knew you were making history. Sec. Foxx i did not. Sen. Danes tell me what lessons you learned from that visit in tribal transportation . Sec. Foxx you know, i think theres several. Number one is that you have a remarkable community. And they have a real idea of how they want to grow their economy, and, you know, tourism is obviously a big part of it. Theyre also Agricultural Products coming from the area. I found that people were very interested in multimodal transportation, very interested in having the ability to walk or bike to work, you know, theres a trail theyre trying to get fixed out there. The other piece is there were concerns of commodities moving trirail through the reservation. Those were some of the observations that i came away with. Sen. Danes thank you for that. One of major concern i hear from the cskt, as well as kalispel, in fact anyone up and down highway 93, is regarding the safety on u. S. 93. I have experienced it on in a kid they grew up in montana. In fact, i remember the bumper stickers that we would see, that pray for me, i drive highway 93. What steps d. O. T. Is taking to provide help on u. S. 93 . Sec. Foxx when we were there, highway 93 did come up. What i offered was our technical teams to try to come out and help. I cant remember where the project is in terms of planning. There is a gap in the project where theyre trying to get it finished. We also offered Technical Assistance on the grant writing side as discretionary dollars become available. To try to move the project forward we certainly want them , to be as competitive as they can be within the programs. Sen. Danes i appreciate that. Tourism is a huge part of our economy in montana. Sec. Foxx its a beautiful state. Sen. Danes thank you. Flying into missoula, perhaps driving up to Glacier National part. I want to give it over to the bridges. Senator sullivan brought it up as well. In missoula, montana, three of the five bridges that cross the clark fort river are considered structurally deficient. Most editorially notoriously is the russell street bridge. Over 60,000 cross the bridges. They were constructed in the 1950s, back when my dad was going to school at the university of montana there at missoula. In your testimony, you mention reducing bureaucratic red tape to expedite project delivery. What about these most at risk bridges . Sec. Foxx well, i would say that the biggest impediment weve had has been a lot of uncertainty about funding levels. Now that the fast act has passed, states are ramping up their activities in terms of rehabilitating bridges and replacing them. As they do that work, were trying to find creative ways to help move projects through quickly. I will give you one example of a case study. We were able to work with the state of pennsylvania not only to get the projects moved through the permitting process quickly, but they actually pulled a group of i think about 500 bridges to make use of our innovative financing programs. None of the individual bridges with that qualified or made sense to do by financing, but they got them pooled and were able to move 500 bridges through the system. So were looking everywhere we can to move to the permitting process as fully as we can. Sen. Danes well, thats good news. If you would look at adding the russell street bridge in missoula, i would greatly appreciate it. [laughter] sec. Foxx ok you got it. ,sen. Danes thank you, secretary foxx. Chairman thune thank you, senator. Mr. Secretary, i have to depart in a moment, but i want to say thank you for being here. Youve been a great partner on a lot of these issues, and this committee and the congress has acted on highways, rail freights reform, pipeline safety, hopefully coming back from the house. And i would just encourage you, to the degree that you can is encourage or house colleagues on f. A. A. We need to deal with that. I think were in a much better position if we enact something that is more longerterm and has more permanent reforms. I am hopeful they can get that done here in the near future. We will a dress most of the country. I want to reiterate what senator moran said with regard to harmonization of regulations. As i understand it they can auto manufacturers dont know where they are. They can build a fleet that might satisfy requirements of one program, but not another agency, but not a state requirement. So i understand you to say work is under way, you hope to get something to us in the fall. Will that be a legislative recommendation, or will it be a change in a rule or regulation . Sec. Foxx i think theres an interim report that is due as part of the work on the cafe standards. It was a tenyear program, and in year five theres work under way to do a review of progress to date. I think that our teams both the epa and the dot teams do not believe there was inconsistency. Work pretty hard to make sure that the cafe standards and the Greenhouse Gas standards are as harmonized as possible. Continue working to keep you advised and the committee advised on the progress as we go forward. Sen. Wicker ok, well in august of 2012. I realize i was almost four years ago. The administration said, and i quote, continuing the National Program ensures that can build a single fleet that satisfies requirements of federal programs as well as california program. There are several discrepancies that allow compliant with one agency but not another. Perhaps that has changed since august of 2012. Or perhaps the Administration Statement was perhaps hyperbole, except that manufacturers tell us that they simply want to know what to comply with. I hope youll commit to having ntsa work with us on the harmonization changes. So the manufacturers can know exactly where they are. Me ask you, you said something about it a proposed southeast rail commission. In charlotte, a while back. Theres already a Southern Rail Commission with mississippi, louisiana, and alabama. Have you given any thought to the advantages of perhaps expanding that commission to include states that might be in the south. As opposed to having a southeast right up next to a Southern Rail Commission. Sec. Foxx senator, i think that the more states in the south that Work Together on establishing strong passenger rail, the better. I was speaking about the fact there is an existing compact between North Carolina and virginia, and the other contiguous states South Carolina and georgia would be critical to connecting that part of the southeast. Sen. Wicker you wouldnt limit that to inner city rail, would you . Sec. Foxx that was the conference was about that i was speaking from. I also know theres a Gulf Coast Working Group, working to reestablish rail service between louisiana and orlando, which is also very important. Sen. Wicker what a nice segue to my next question. [laughter] sen. Wicker as a matter of fact, that was established in fast . Sec. Foxx it was. Sen. Wicker how is that going, in your opinion . Fra has been a good job in leading the group and developing a plan to fund and operate rail Service Throughout the gulf. What can you tell you about the progress in the past six months or so . Sec. Foxx very good progress. The Gulf Coast Working Group convened on february 6, 2016, for the first time in new orleans. We sent our fra administrator to that meeting as an indication of how important the work is. Sen. Wicker and that was appreciated. Sec. Foxx absolutely. They are meeting monthly, both in person and callin meetings, as they work to look at the options for getting that service back up and running. Very important service, though. Sen. Wicker wonderful. I do hope your team can be as enthusiastic about this let me as i am and as my team is. Thank you very much for keeping us apprised of that. Let me move to a tough situation. In may we lost two children in mississippi as a result of vehicular heatstroke. Because of being left in automobiles in rear seating positions. You its just heartbreaking. Today is National Child vehicular heatstroke prevention and awareness day. I dont know if people are apprised of that. Having witnessed two of these tragic losses, i wanted to ask about this. Section 24114 of the fast act requires dot to conduct research into effective ways to minimize the risk of hyper thermia and hypothermia to children or other unattended passengers in rear seating positions. Do you feel any information for the committee about this what is this study being conducted . What information can you give to the public and the committee at this point on this tragic series of events . Sec. Foxx senator, first of all, its a tragic loss anytime you lose any lives, but our young people particularly. If you wouldnt mind, i would like to submit for the record on that and give it a thorough response to that question on the status. Sen. Wicker ok, all right. I had to come in late. How are we doing on the amtrak board of directors . Did you discuss that earlier . Sec. Foxx we have not discussed it. Sen. Wicker what do you think on that . Will the administration be putting forth nominees to ensure that they have the full representation . Sec. Foxx thats my hope. I will need to maybe respond back to you. Ill try to call you in the next couple days to give you a sense of that, but at present, i dont know specifically. Sen. Wicker lets think on National System when we do. Lets think Long Distance interest when we do this. Sec. Foxx absolutely. Sen. Wicker from all accounts, you have done a marvelous job i think it is falling to me to say the hear record will stay open for two weeks. During this time, senators asked to submit any question for the record will receive the witnesses requested to submit written answers to the committee as soon as possible. So, with that said do you have anything youd like to add, mr. Secretary . Sec. Foxx senator, if i might. Im recalling some of the colloquy weve had about our takata situation, and i its a very serious situation, and i think we have committed to do a lot of things today to work with the committee to ensure were doing every single thing we can do to ensure the safety of the public. I want to make it very clear though. We have done an awful lot to try to push this into the public light and make sure takata is doing every single thing we can push them to do to get this right. To the point of when i was just talking with senator blumenthal, i made a comment i dont want misconstrued about the safety of these cars today. Takata is under a Consent Order to prove that the air bags are safe. If they cannot demonstrate that proof, those airbags cannot be used in the future in cars. Based on the evidence we have today, we dont have a basis to prevent those air bag from going into new cars today. But we do know they will be recalled at some point in the future. I wanted to make sure the record it is a very complicated issue. I wanted to make sure the record is clear on where i stand on that, and hopefully we can continue to Work Together on this. Sen. Wicker thank you for the clarification. Sec. Foxx yes, sir. Sen. Wicker not having been here for that exchange, i wont follow up, but perhaps we might follow up with questions on the record. Sec. Foxx sure. Thats fine. Sen. Wicker thank you secretary foxx. If theres no objection, this hearing is now adjourned. Sec. Foxx thank you, sir. Thank you. [indiscernible] [indiscernible] what is your timeline . Did you mean august . Sec. Foxx i dont know that were ready to announce a date, but i would say before august, but after june. [ laughter ] this is going to be within dot. How many Staff Members do you think might be there . Sec. Foxx it will start with something around 50 or so, but well have more to say about it as we roll it out. Well have a little splash with it. Its actually a big deal. Update youguidance , said within the coming months, would that also be sec. Foxx i think on the sort the rift and harmonization, that work is actually already started, so we i think it will take some time to get them fully consolidated, if you will, but, you know, i think in the next several weeks will have some steps you have taken that we can talk about. Then we will continue to make progress. So theres still about 20 million inflators that they have not disclosed between now and 2019. Is that something you like to see Auto Companies do now . Or do you want to wait until the sec. Foxx i think as much information is good, and, you know, frankly i share the sentiments of many members of congress. This issue is and how important it is. We are going to use every bit of authority we have, were going to use every bit of leverage we have using the concept order, but we sure do need the help of the auto industry. Do you think congress can step in to give you more power. To demand that kind of disclosure . Think Imminent Hazard Authority would be helpful. A lot of our authorities are , verifiablecrete evidence. When you have situations like somewhere there is evidence, but not evidence that you can take to the bank, there is a place we can take a little bit more action. Right now, we cant. You either do it or you dont. If you do it, you have to have a lot of backup to withstand a potential lawsuit. Is it the fact that the inflators and the cars are not on the market yet, or the cars have been been out long enough to have the physical proof . Sec. Foxx exactly. Its an issue of time, and we know that after a few years these things become more dangerous. Thats where we have focused. Just one more minute. Are they still on time for july . Sec. Foxx that is the hope. We need to see where we are. I know where were making progress. And the assessment is due at june. Is that still on time, do you think . Sec. Foxx i think work there is ongoing. I dont have the latest on how were watching up against the timeline, but i know everybody is working hard. Do in the smart city challenge . Where are you from . [ laughter ] you dont want to tell us now . Where are you from . [laughter] i like it. Exactly. Exactly. Any thoughts, you mentioned maybe doing a sidebyside. Sec. Foxx well, you know, intervening events have conspired, and the staff that the white house issued i think is pretty much where we are as an administration, so thats where we are. [indiscernible] some other outlets have an exhibition, too. Nonpolitics, but it is coming to do with pick up co2. For the complete weekend schedule, go to cspan. Org. At the meeting in washington d. C. , they awarded hiroshima survivor Setsuko Thurlow the person of the year award. In her acceptance speech, she discussed how the atomic bomb changed her life and her work of nuclear proliferation. This is an hour. Morning, everyone. Good morning. Welcome to the 2016 Arms Control Association annual meeting. Im daryl kimball. We are an independent Membership Organization established in 1971 and we are dedicated to reducing an eliminating the threats posed by the worlds most dangerous weapons. We are very pleased to see so many of you here, member, friends, supporters, reporters, also. The support and contributions of our members are what makes our work possible. Thank you very much for all that you do for us. We could not be here today without you. I also want to welcome those of you watching on cspan today. Following the meeting for the next few hours. You can find out more about the Arms Control Association, about our news and information and analysis we provide about weapons related security challenges and effective Arms Control Solutions through our website, armscontrol. Org and access our information and analysis, including our monthly journal, arms control today on our new app. Yes, we have an app for smartphones and tablet computers. The latest in arms control information technology. The arms control app can be downloaded for use on apple, android and amazon devices. If you dont know about that and you are here at the meeting and need Technical Assistance, we have folks outside who can help you download your arms control app. We encourage those of you here today in watching, to engage with us through twitter with the armscontrol16. And, as you can see from our meeting program, which is at your table and available through the arms control app, we have organized a very substantive, High Level Program today that is going to cover a range of Nuclear Weapons and challenges facing the United States and the world and, in particular, the next president of the United States. In about an hour, an expert panel of four leading experts on preventing the spread of Nuclear Weapons and material well discuss the nonplif ration challenges they think will face the next president of the United States beginning in 2017. We are very honored to have, as our second keynote speaker, the Deputy National advicer for president barack obama, Benjamin Rhodes who will join us from noon to 1 00 to talk about president obamas ongoing efforts to reduce the number, the role and the risks of Nuclear Weapons and preventing a spread of Nuclear Weapons and hes going to take questions from this audience. That should be very interesting at the noon hour. In the afternoon, we will finish up with an Expert Panel Discussion on the enormous budget carry cost of president obamas proposed plan to maintain and upgrade the systems. That panel is going to discuss possible options and issues and choices for the next president and Congress Regarding those costs while still addressing k u. S. Defense requirements. First, this morning, we are going to begin with our opening keynote speaker and the awarding of the 2015 arms control person of the year award. We are going to be hearing from the remarkable Setsuko Thurlow, who was a 13yearold student at her school in hiroshima the morning the u. S. Air force detonated an atomic bomb on her city. In recognition of her efforts and all those of the survivors of the hiroshima bombings to ensure no such war ever occurs again, she was nominated for our 2015 person of the year award late last year. So, to introduce her and present her with the award is the vice chairman board of directors, paul walker. Paul is a significant figure in his own right. He was recognized in 2013 as recipient of the prestigious livelihood reward for decades of service to eliminate threats imposed by chemical weapons. After pauls introduction of setsuko, we will hear from her and she will take your questions for the next 45 or 50 minutes or so. Paul, if i could invite you up to the podium and setsuko, if you could come up also, that would be great. Good morning, erveds. Nice to be here. Nice to see so many friendly and recognizable faces in the audience. Nice to see that we have such a good turnout today as well. As daryl said, my name is paul walker. I work with green cross international, founded by a fellow you recognize named gorbachev. Hes been part of our group 2324 years now. Im delighted to be here today as vice chair of the board of Arms Control Association. I have an enjoyable task of presenting the 2015 arms control person of the year award to Setsuko Thurlow. Let me say a few words about the award and how we make this determination. I know many of you here know this already and voted over the years for the annual awardees. Let me go over it a bit. Every year since 2007, the staff nominated several individuals and institutions that have advanced effective arms control, solutions, indoor rays, awareness of mass casualty weapons. Each of the nominees provided leadership to reduce weapons related security threats. You can see previous winners here since 2007 in your program. Setsuko thurlow received the highest number of votes in an online poll to determine the 2015 arms control person of the year. Setsuko thurlow was nominated for the unyielding dedication to sharing firsthand accounts of the catastrophic and inhumane e vekts of Nuclear Weapons that reinforce it and maintain pressure for effective action, eliminate and outlaw Nuclear Weapons. By sharing the firsthand experiences, thurlow now resides in toronto, canada. And many atomic bomb survivors like her play a Critical Role in raising awareness of Nuclear Weapons use and taking action to end the nuclear threat. Very fitting that 70 years after the atomic bombings of t hiroshima. I cant imagine as a 13yearold, myself, experiencing a Nuclear Weapon explosion overhead. And who have worked so hard and tirelessly to ensure Nuclear Weapons are never used again as the 2015 arms control person of the year. Setsuko and the diminishing number of survivors are an inspiration to those who seek a safer world and the reminder of why the pursuit of a World Without nuclear possessions are important. So, with that, setsuko, let me get the award here. If you would come up, i will present you on behalf of the Arms Control Association. Many of you, im sure, with this award, we are delighted and pleased to have you with us here today. Here you go. [ applause ] congratulations. Thank you. Thank you. [ applause ] so, setsuko, i will let you now make your presentation. We will try to leave time. We have until about 10 00. We will try to leave time for questions and answers and ill try to triage or manage or q a after your presentation. The podium is yours. Thank you very much, paul. I feel so humbled and pleased to receive this beautiful. Im very happy to be here this morning and to meet with you and to receive this honor and to have the chance to talk something about, a little bit about my experiences and thoughts and feelings about Nuclear Weapon. I just made the last minute change in my plan. Im just speaking from the heart. Just put the paper away. Really, it was a total shock, surprise, to learn that i was going to receive the award from this organization. Especially when i learned that people around the world voted for me. Well, i didnt realize i had so many friends around the world. But, well, i thought it was a miracle that i received it. Not only i, but my fellow colleagues, the members of the association in japan. They are, together honored with me. On their behalf as well, let me give you my heartfelt thank you. Thank you. Now, i use a word miracle lightly, but really, 71 years ago, i did experience a miracle and here i am, in your company today. So, i thought, i will share my personal experience with you. I know many of you are experts arms control specialists and im sure you are quite well informed and knowledgeable of all kinds of human conditions, including the human consequences of Nuclear Weapon. But, i thought i would offer my personal and firsthand experience. In 1945, i was a 13yearold great eight student in the girls school. On that very day, i was at the army headquarter, a group of about 30 girls had been recruited and trained to do the decoding work of the top secret information. Can you imagine, a 13yearold girl doing such important things . That shows how desperate japan was. I met the girls in front of the station at 8 00, no, before 8 00. 8 00 at the military headquarter, which was 1. 8 kilometers from ground zero. I was on the second floor and started the Morning Assembly and the major gave us a pep talk. This is the day you start proving your patriotism for emperor, that kind of thing. We said, yes, sir, we will do our best. When we said that, i saw the bluish white flash in the window. Then i had the sensation of floating up in the air. When i regained consciousness in the total silence and darkness, i instantly tried to move my body. I couldnt move it. I knew i was faced with death. Then, i started hearing whispering voices of the girls around me. God help me. Mother, help me. Im here. So, i knew i was surrounded by them although i couldnt see anybody in the darkness. Then, suddenly, the strong male voice, dont give up, im trying to free you. He kept shaking my Left Shoulder from behind. He pushed me. Keep kicking, keep pushing and you see the sun come through the opening. Get out that way. Crawl, as quickly as possible. By the time i came out of the building, it was on fire. That meant about 30 other girls who were with me in the same place were burned to death. But, two other girls managed to come up. Three of us looked around. Although that happened in the morning, it was very dark, twilight. I started seeing some moving dark object approaching me. They happened to be the streams of human beings slowly shuffling from the center part of the city to where i was. They didnt look like human