[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] AMTRAK'S FISCAL YEAR 2014 BUDGET: THE STARTING POINT FOR REAUTHORIZATION ======================================================================= (113-8) HEARING BEFORE THE SUBCOMMITTEE ON RAILROADS, PIPELINES, AND HAZARDOUS MATERIALS OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION __________ APRIL 11, 2013 __________ Printed for the use of the Committee on Transportation and Infrastructure Available online at: http://www.gpo.gov/fdsys/browse/ committee.action?chamber=house&committee=transportation U.S. GOVERNMENT PRINTING OFFICE 80-348 WASHINGTON : 2013 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE BILL SHUSTER, Pennsylvania, Chairman DON YOUNG, Alaska NICK J. RAHALL, II, West Virginia THOMAS E. PETRI, Wisconsin PETER A. DeFAZIO, Oregon HOWARD COBLE, North Carolina ELEANOR HOLMES NORTON, District of JOHN J. DUNCAN, Jr., Tennessee, Columbia Vice Chair JERROLD NADLER, New York JOHN L. MICA, Florida CORRINE BROWN, Florida FRANK A. LoBIONDO, New Jersey EDDIE BERNICE JOHNSON, Texas GARY G. MILLER, California ELIJAH E. CUMMINGS, Maryland SAM GRAVES, Missouri RICK LARSEN, Washington SHELLEY MOORE CAPITO, West Virginia MICHAEL E. CAPUANO, Massachusetts CANDICE S. MILLER, Michigan TIMOTHY H. BISHOP, New York DUNCAN HUNTER, California MICHAEL H. MICHAUD, Maine ERIC A. ``RICK'' CRAWFORD, Arkansas GRACE F. NAPOLITANO, California LOU BARLETTA, Pennsylvania DANIEL LIPINSKI, Illinois BLAKE FARENTHOLD, Texas TIMOTHY J. WALZ, Minnesota LARRY BUCSHON, Indiana STEVE COHEN, Tennessee BOB GIBBS, Ohio ALBIO SIRES, New Jersey PATRICK MEEHAN, Pennsylvania DONNA F. EDWARDS, Maryland RICHARD L. HANNA, New York JOHN GARAMENDI, California DANIEL WEBSTER, Florida ANDRE CARSON, Indiana STEVE SOUTHERLAND, II, Florida JANICE HAHN, California JEFF DENHAM, California RICHARD M. NOLAN, Minnesota REID J. RIBBLE, Wisconsin ANN KIRKPATRICK, Arizona THOMAS MASSIE, Kentucky DINA TITUS, Nevada STEVE DAINES, Montana SEAN PATRICK MALONEY, New York TOM RICE, South Carolina ELIZABETH H. ESTY, Connecticut MARKWAYNE MULLIN, Oklahoma LOIS FRANKEL, Florida ROGER WILLIAMS, Texas CHERI BUSTOS, Illinois TREY RADEL, Florida MARK MEADOWS, North Carolina SCOTT PERRY, Pennsylvania RODNEY DAVIS, Illinois VACANCY ------ 7 Subcommittee on Railroads, Pipelines, and Hazardous Materials JEFF DENHAM, California, Chairman JOHN J. DUNCAN, Jr., Tennessee CORRINE BROWN, Florida JOHN L. MICA, Florida DANIEL LIPINSKI, Illinois GARY G. MILLER, California JERROLD NADLER, New York SAM GRAVES, Missouri ELIJAH E. CUMMINGS, Maryland SHELLEY MOORE CAPITO, West Virginia MICHAEL H. MICHAUD, Maine CANDICE S. MILLER, Michigan GRACE F. NAPOLITANO, California LOU BARLETTA, Pennsylvania TIMOTHY J. WALZ, Minnesota LARRY BUCSHON, Indiana ALBIO SIRES, New Jersey BOB GIBBS, Ohio ELIZABETH H. ESTY, Connecticut PATRICK MEEHAN, Pennsylvania PETER A. DeFAZIO, Oregon RICHARD L. HANNA, New York, Vice MICHAEL E. CAPUANO, Massachusetts Chair STEVE COHEN, Tennessee DANIEL WEBSTER, Florida DINA TITUS, Nevada THOMAS MASSIE, Kentucky NICK J. RAHALL, II, West Virginia ROGER WILLIAMS, Texas (Ex Officio) TREY RADEL, Florida SCOTT PERRY, Pennsylvania BILL SHUSTER, Pennsylvania (Ex Officio) CONTENTS Page Summary of Subject Matter and addendum........................... iv TESTIMONY Hon. Joseph C. Szabo, Administrator, Federal Railroad Administration................................................. 6 Hon. Joseph H. Boardman, President and Chief Executive Officer, Amtrak......................................................... 6 PREPARED STATEMENT SUBMITTED BY MEMBER OF CONGRESS Hon. Steve Cohen, of Tennessee................................... 50 PREPARED STATEMENTS AND ANSWERS TO QUESTIONS FOR THE RECORD SUBMITTED BY WITNESSES Hon. Joseph C. Szabo: Prepared statement........................................... 51 Answers to questions from the following Representatives: Hon. Jeff Denham, of California.............................. 66 Hon. Lou Barletta, of Pennsylvania........................... 76 Hon. Corrine Brown, of Florida............................... 77 Hon. Joseph H. Boardman: Prepared statement........................................... 81 Answers to questions from the following Representatives: Hon. Jeff Denham, of California.............................. 92 Hon. Corrine Brown, of Florida............................... 96 SUBMISSIONS FOR THE RECORD Hon. Joseph H. Boardman, President and Chief Executive Officer, Amtrak, five slides.................................9, 11, 13, 15, 17 Hon. Jeff Denham, a Representative in Congress from the State of California, submission of the following items for the record:.. Slide entitled, ``PRIIA's Impact on Amtrak's Lines of Business: Performance Since 2010''......................... 31 Metropolitan Policy Program at the Brookings Institution, ``A New Alignment: Strengthening America's Commitment to Passenger Rail,'' (2013)................................... 119 [GRAPHIC] [TIFF OMITTED] 80348.001 [GRAPHIC] [TIFF OMITTED] 80348.002 [GRAPHIC] [TIFF OMITTED] 80348.003 [GRAPHIC] [TIFF OMITTED] 80348.004 [GRAPHIC] [TIFF OMITTED] 80348.005 [GRAPHIC] [TIFF OMITTED] 80348.006 [GRAPHIC] [TIFF OMITTED] 80348.007 [GRAPHIC] [TIFF OMITTED] 80348.008 AMTRAK'S FISCAL YEAR 2014 BUDGET: THE STARTING POINT FOR REAUTHORIZATION ---------- THURSDAY, APRIL 11, 2013 House of Representatives, Subcommittee on Railroads, Pipelines, and Hazardous Materials, Committee on Transportation and Infrastructure, Washington, DC. The subcommittee met, pursuant to notice, at 10:08 a.m. in Room 2167, Rayburn House Office Building, Hon. Jeff Denham (Chairman of the subcommittee) presiding. Mr. Denham. The subcommittee will come to order. First, let me welcome our distinguished witnesses and thank them for testifying today. As you know, Chairman Shuster and I are committed to rail reauthorization this year, and hopefully this hearing will continue that bipartisan effort. The starting point for this reauthorization is Amtrak and the Administration's respective budget requests. This is our starting point, because the primary policy questions answered in this or any other reauthorization, or how much Federal funding do we allocate, and what should that funding be used for. Today we will hear from both Amtrak and the Administration regarding Amtrak's fiscal needs. As you may know, the Passenger Rail Investment and Improvement Act of 2008, PRIIA, authorized funding levels for Amtrak over 5 years for operating grants and capital grants. On the operating side, PRIIA authorized, Amtrak requested, and Congress has appropriated amounts higher than Amtrak's actual needs. In fact, since PRIIA was enacted, Amtrak received $2.6 billion in operating appropriations, but actually only had $2.1 billion in losses. While Amtrak did use this money on important projects like purchasing a new set of long-distance train sets, imagine if Amtrak could have leveraged this half billion dollars for its infrastructure needs on the Northeast Corridor. I look forward to exploring this matter with our witnesses. With regard to capital grants, the PRIIA reauthorization levels were higher than what has been consistently appropriated. In fiscal year 2014, Amtrak is requesting $2.27 billion for its capital program, about $1.4 billion more than the 2013 amount. This additional funding includes the procurement of new rolling stock, initiation projects related to the new Hudson River tunnels in New York, and continued station compliance with the Americans with Disability Act. In addition to hearing about Amtrak's fiscal needs, both entities will also address the reorganization of Amtrak into business lines. Amtrak's decision to split out Northeast Corridor, State-supported routes, and long-distance routes will create more transparency and show stakeholders where Federal funding is needed. There is growing agreement between Amtrak, the Administration, and others like the Brookings Institute, that reorganization is a big first step toward running Amtrak more like a business, which would allow proper infrastructure development. The current operating structure does not allow proper infrastructure development because the profits of the Northeast Corridor go to subsidize losses in other routes, especially the long distance routes. We must find a better way to do this, and we are open to many new ideas. Before I close, I ask unanimous consent that the Brookings Institute report entitled, ``A New Alignment: Strengthening America's Commitment to Passenger Rail'' be included in the record. [No response.] Mr. Denham. Without objection, so ordered. [The Brookings Institute report entitled, ``A New Alignment: Strengthening America's Commitment to Passenger Rail'' can be found on page 119.] Mr. Denham. Again, I want to thank the witnesses for being here today. I would now like to recognize Mrs. Napolitano from California for 5 minutes to make any opening statement she may have. Mrs. Napolitano. Thank you, Mr. Chairman. And I too want to thank you for holding the hearing and kicking off our work to reauthorize Amtrak. I do believe the best way to approach Amtrak's future is to fully understand its past. In 1971, passenger rail service was in steep decline. And the creation of the Interstate Highway System and development of jet aircraft taken its toll on the private railroads. Losses reached an all-time high of about $750 million annually, or about $4 billion in today's dollars. To prevent elimination of passenger rail service in the United States, Congress did step in and created Amtrak, stating that a modern, efficient, intercity rail passenger service is a necessary part of a balanced transportation system, and that the public convenience and necessity requires a continuance in improvement of such service. At the time, Congress recommended moving away from treating passenger's rail as a separate entity. Congress wanted to focus on development of a coordinated approach to transportation that provided balance amongst all modes. Legislation to achieve that balance was, unfortunately, abandoned, as Congress feared that delaying the action on passenger rail legislation would lead to the demise of the entire rail system. As a result, when Amtrak was born, it was a mess. Just 1,500 employees were responsible for safety operation of 26.3 train miles. That infrastructure, facilities, and equipment that Amtrak inherited from railroads were in a serious state of disrepair. In one particular glaring example, Amtrak was not able to replace a 100-year-old bridge it inherited until enactment of the American Recovery Reinvestment Act in 2009, despite the service disruption the aging bridge had created for years. Similar challenges posed by aging infrastructure today seriously hinder Amtrak's ability to further improve service and increase revenues. Make no mistake about it: That is our fault. We never, ever gave Amtrak the resource it needs to accomplish a state of good repair, much less maintain its current system. In part, these challenges stem from the fact that, before Amtrak was created, the Federal Government has created--treated railroads, both freight and passenger, differently than other modes of transportation. We have a different planning process for highways, transits, and rail, which makes no sense. We have different funding streams. From 1947 to 1970, when Amtrak was created, the Federal Government spent $11.3 billion on aviation. In the same period we provided $52.4 billion for the development of Interstate Highway System. While most of the money came from user fees, at least $8 billion were from the General Fund. Today the annual Federal spending on highway construction exceeds $42 billion. We have not spent that much on improved rail services in 43 years. We often gloss over the fact that this funding does not all come from user fees. But in 2008 a total of $46.3 billion in General Funds has been transferred to the highway account of the Highway Trust Fund to keep the trust fund solvent. And an additional $6 billion has been transferred to the mass transit account. Despite the considerable constraints that Amtrak is forced to operate under, our national rail carrier continues to set new ridership and revenue records, and demand for services is ever-increasing. Just last month, more Americans rode the rails than any other month in Amtrak's history. And Amtrak is on track to set yet another yearly ridership record. So, Mr. Chairman, we have an opportunity here to help Amtrak build on this considerable success. So let's go in a new direction, the one that--as envisioned by the creators of Amtrak back in 1970. And let's create a balanced surface transportation system. We have deficient roads, deficient bridges, and significant needs in transit and passenger and rail service--freight rail. That calls for unified short and long-term planning and dedicated financing, which our President proposed creating his fiscal year 2014 budget request, a Transportation Trust Fund to help finance our freight and rail passenger needs. I look forward to exploring this a bit more with the witness, and I thank Ms. Corrine Brown for asking that I come and sit in, because I wanted to learn more about Amtrak. Thank you, Mr. Chair. Mr. Denham. Thank you. I now call on the full committee chairman, Mr. Shuster. Mr. Shuster. Thank you, Mr. Chairman, and I appreciate you holding this hearing today. I want to welcome Administrator Szabo and Mr. Boardman. It is good to have you here today. And if we are going to enact meaningful reauthorization, we need both of your input as we move forward. So again, this is a good place to start that conversation. As I have previously noted before, the rail reauthorization is one of the committee's top priorities, and we have got a lot of hard work ahead of us to develop, draft, and pass a rail reauthorization. And a major part of that will be Amtrak as we move forward. From the beginning of our history in this country, from the canals to the transcontinental railroad, to the Interstate Highway System, infrastructure plays an extremely important part in the health of the economy of the United States. And now, more than ever, as the Nation continues to grow, as we go from 300 million to 400 million people, and you look--that population does not all move into the South and to the West, the Northeast Corridor and these other densely populated corridors are going to have to look at alternative ways to move people. And Amtrak needs to be part of that equation. Our role in the Transportation Committee is to make sure that we are investing money wisely in infrastructure to make sure that we are going to maintain competitiveness, globally. It is absolutely critical, if you are talking about jobs, economic development, trade. The fourth thing that you roll off your tongue is transportation. The system needs to be in place, again, to move people and to move goods. Amtrak in the Northeast Corridor is one of our most valuable assets. And we need to make sure that the investment that Amtrak is making is geared towards or focused on those important assets that we have. And, as I said, the Northeast Corridor is one of those that we need to focus like a laser on. We may disagree on the funding levels, but I am very encouraged that both the Administration and Amtrak believe that there needs to be reform and improvement as to how Amtrak operates. For the last 40 years, I don't believe the current structure of Amtrak has allowed it to run like an effective business. I know that Mr. Boardman has made some improvements at Amtrak, but I think there is a lot more we can do there. And again, the focus being on the Northeast Corridor, which has been underinvested over the last 40 years. But I believe this is a great starting point. All of us new Members and veteran Members need to take a real hard look at Amtrak and improving it as we work towards a reauthorization bill. So again, I thank the chairman for not only holding the hearing, but for diving into the policy details. He has been doing a great job, and we really appreciate that. So again, I yield back. Mr. Denham. I now recognize the former committee chair for any brief comments he may have. Mr. Mica. Mr. Mica. Well, thank you, Mr. Chairman, our subcommittee chair. I want to thank you for your leadership on this hearing and this issue. And, Mr. Chairman, thank you. Mrs. Napolitano, Ms. Brown, others who are working towards reauthorization. I think the last time we had a hearing we were reminded it took 11 years to do passenger rail reauthorization with bipartisan cooperation working with Mr. Oberstar and others, people of goodwill, we passed that authorization which--the PRIIA--will need to be replaced. And we should do it as efficiently as possible, particularly in a time of taxpayer losses. You will probably hear some good news from Amtrak, and Mr. Boardman has done his best. The problem always isn't Mr. Boardman or Amtrak. The problem is sometimes Congress, in that it sets up the parameters by which Amtrak operates. That is why this reauthorization is so important. Some of the subsidies per passenger ticket have come down a bit. There is still $45.45 for last year, every single passenger ticket was underwritten. That is the operating and capital subsidy for Amtrak passengers. Some of the routes continue to be huge losses. We cited last time you could pick someone up in a limo in New Orleans, take them to the airport, fly them to Los Angeles, and have them delivered to their residence or location in the Metropolitan Los Angeles area less than you could for Amtrak, again, with the subsidization loss that we are now paying. The largest carrier in the United States is by surface bus, private operators, all who make a profit or go out of business. Many of our routes could be changed out. In a week in which we memorialize and recognize some of the efforts of Margaret Thatcher, you have to look at her example of privatization. Now, of course, back in 1971 we set up this Amtrak Corporation. It took from 1982, when she began privatization in the UK, to past her term with John Major instituting competition in rail in the UK. They have had 20 years of experience, some of it good, some of it not so good. I intend to move forward with trying to open all passenger rail service in the United States currently operated by Amtrak to private competition. Nothing healthier than private competition. In fact, European Union--and I just got back from riding one of the trains there--improved State service because now in Italy they have private-sector competition. And I am hoping in this reauthorization we can lay the groundwork for better service for eliminating some of the routes that lose incredible amounts of money. When we are talking about closing down essential Government services, and we are underwriting still--and I am anxious to hear the projections for food service loss--where is my McDonald's here? Usually I have my McDonald's about this time. But we have--we grew from $83 to $85 million in losses on food service. And that, in a time of incredible stress on our economy, losses, increasing debt, we have got to address. So, you can only put so much--there is my McDonald's here-- of course I always use this as an illustration. Every cup sold on Amtrak, and even with the news of more passengers, it is more underwriting every time they buy a cup of coffee. While McDonald's can sell that for a dollar and make money, and some stores more, we lose $1.60 for every dollar spent on food service in Amtrak. But this wasteful loss has to come to an end. You can only put so much lipstick on a black hole financial operation, and you still have great losses to the taxpayer. So, I am interested in the bottom line and an open competition, and improving service and working with Amtrak and the committee to make certain that we go down a path of competition, a path of saving the taxpayer money, and providing good passenger rail service nationally for all the American people. With that, I yield back. Mr. Denham. I would like to again welcome our witnesses here today. Our first panel will include the Honorable Joseph Szabo, Administrator of the Federal Railroad Administration and the Honorable Joseph Boardman, president and CEO of Amtrak. I ask unanimous consent that our witnesses' full statements be included in the record. [No response.] Mr. Denham. Without objection, so ordered. Since your written testimony has been made part of the record, the subcommittee would request that you limit your oral testimony to 5 minutes. Mr. Szabo, you may proceed. TESTIMONY OF HON. JOSEPH C. SZABO, ADMINISTRATOR, FEDERAL RAILROAD ADMINISTRATION; AND HON. JOSEPH H. BOARDMAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER, AMTRAK Mr. Szabo. Well, thank you, Mr. Chairman, Chairman Shuster, and to the members of the committee. Appreciate the opportunity to appear before you today to discuss rail policy reauthorization. Our budget request released yesterday reflects our reauthorization priorities, and also reflects an emerging consensus that rail is the mode of opportunity. By 2050 America's transportation network will need to move 100 million additional people and 4 billion more tons of freight per year. And it will need to do it safely, reliably, and efficiently. Today our airports and highways are stretched close to their limits, hampered by congestion that costs our economy more than $120 billion per year. And these challenges underscore the need to invest in more underutilized transportation alternatives, such as rail, which can be the most cost-effective, least oil-reliant, most environmentally- friendly, and the safest mode to move both people and freight. Congress recognized this need in 2008 when it passed, with bipartisan support, 2 pieces of legislation: the Rail Safety Improvement Act, and the Passenger Rail Investment and Improvement Act. Both have provided the policy framework for our safety and development initiatives now helping to fuel the resurgence of American rail. Since these two landmark acts were passed, railroad accidents have fallen to record lows, while Amtrak's ridership and on-time performance have risen to record highs. Intermodal freight traffic surge last year to near-record levels. And the freight rail industry continues to reinvest in capacity expansion like at no other time since the Gilded Age. Passenger rail too is experiencing a renaissance. Amtrak has set ridership records 9 out of the last 10 years. And since 1997 its ridership has grown 55 percent, faster than any other major travel mode, and at a rate three times faster than the American population growth during that same period. And while all of this occurs, historic levels of public and private investment are laying a foundation for a higher performing rail system that is safer, more reliable, and more efficient. But PRIIA and RSIA and now set to expire at the end of the fiscal year. And as much as we have accomplished, much more needs to be done to rebalance our Nation's transportation network. Our budget lays out a comprehensive blueprint for moving forward. Its fundamental goal is to take a more coordinated approach to enhancing the Nation's rail system, a holistic, integrated strategy that addresses rail safety issues, passenger and freight service improvements, and planning. Our new approach builds on the core principles of PRIIA and RSIA, and it better reflects our on-the-ground experiences, including the complex reality of a rail system which mainly runs on privately owned track and carries a mix of passenger and freight trains. Safety remains our top priority. RSIA has enabled us to focus on risk-reduction program regulations in some of the most challenging areas of safety, from hazardous materials to track, highway rail grade crossings, and rail trespassing. Fully implementing these regulations will drive rail accidents to new record lows. But continued capital investment that upgrade or eliminate the need for public highway rail grade crossings, advancing the creation of sealed corridors, is another huge win for safety. We envision the domestic rail industry again being world- leading, an industry that exploits intellectual capital--or exports, I should say intellectual capital--and rail products all over the world. And will continue to manage our investments through a transparent process. And, with your support, we can safely position our rail network for its increasingly vital role. Much of the rail infrastructure we rely on today was built by past generations of Americans who acted boldly on our behalf. Now the time has come for our generation, for the sake of our children and grandchildren, to recapture that visionary spirit. A sustained, long-term funding strategy similar to those in place for highways, transit, and aviation will make that possible. And it is appropriate, given the enormous pent- up demand for rail projects. For the $10 billion this Administration invested in high- speed and higher performing intercity passenger rail, we have received applications from 39 States, the District of Columbia, and Amtrak requesting 7 times that amount. Our reauthorization priorities will enable us to continue answering this strong demand, and it will enable rail to continue moving America's economy forward. So, I look forward to discussing our proposal and working with you, Mr. Chair and Mr. Chair, and the members of these committees, to meet our mutual goals this year. Thank you very much. Mr. Denham. Thank you, Mr. Szabo. Mr. Boardman, you may proceed. Mr. Boardman. Thank you, Mr. Chairman and all. One of the issues we have heard a lot about this year is cash management. Understanding how we do this is more important than understanding our budget request. Because we are a business, rather than an agency, our budgets are much more fluid. We generate revenues and our need for operating funding fluctuates, depending on our revenue performance. Over the last couple of years that performance has been very good, but it hasn't changed Amtrak's basic situation. We are a capital-intensive business that does not generate sufficient revenues to cover our operating costs, let alone fund capital investment. We are a heavily seasonal business, one that is frequently affected by weather and other events. And our real fiscal challenge is not so much budgeting as it is cash management. You will see that here, on the first slide. Over the last 3 fiscal years we have used capital grant money to fund operating expenditures on four occasions, none longer than 9 days' duration and none more than 2 percent of the total value of our annual operating expenses. All of our capital funds were eventually used for activities in our approved capital plan. We have actually been recognized by Treasury & Risk magazine with their Alexander Hamilton Award for the efficiency of our cash management, since it minimizes the need for duplicative work, provides us with a much-needed flexibility, and saves on unnecessary expense. [GRAPHIC] [TIFF OMITTED] 80348.009 The next slide will explain why this is necessary. The seasonality of our revenues is exacerbated by the periodic nature of our operating support payments and the challenges that come with an unpredictable budget cycle. I would add that those challenges aren't just associated with the Federal budget cycle, although that is challenging enough. Each of the 15 States that partner with us to offer service has its own budget cycle, and those cycles can affect when States pay the bills they incur from operation of our State services. There is an aspect of due caution involved in budgeting for a $4 billion company that has little liquidity as Amtrak enjoys. We typically have about $200 million in cash reserves, and there are points where that reserve dropped below $100 million, which is a major concern for us. Let me put it in real-life perspective. If you made $400 a week, that means you would carry $20 around in your pocket. We have had to deal with the challenge that comes from having a continuing resolution every year since 1998. [GRAPHIC] [TIFF OMITTED] 80348.010 This next slide will give you an idea of some of the challenges we face in building an operating budget for the coming fiscal year. We typically budget with the expectation that there will be certain levels of disruption. In part, we would rather ask for the money upfront than come back to Congress in the midst of a major event with a sudden request for more funding. As you can see from the chart, we are running a degree of calculated risk in 2014. Our budget includes a projected total of $85 million from the States generated by the Section 209 process that was mentioned earlier. But the process of concluding and funding the new contracts is still, for the most part, ahead of us. And if it doesn't work out, services will need to be cut. It will trigger shut- down costs for Amtrak, with a change in revenue and generation cost structure. While we do need the flexibility to use capital money to cover operating expense on a temporary basis, there is another side to the coin. When the financial situation is favorable, Amtrak does use the operating money to meet capital and other expenses. For example, we have used operating funds to ensure that Amtrak's retirement fund is currently fully funded. [GRAPHIC] [TIFF OMITTED] 80348.011 In the next slide we will explain another one of the investments we have made. It will show a reduction in overall debt. And you can see that during that glide path to profitability back in 1999 to 2002, it was funded by increasing debt. During this period, the company was starved for cash. New York Penn Station was mortgaged, 30-year-old cars were sold and leased back to the company, all to generate money Amtrak needed to keep things moving. We have made a definite decision to change that. [GRAPHIC] [TIFF OMITTED] 80348.012 Be assured there are a lot of checks and balances in place to ensure that no abuses occur. And if you look at the next slide, you will see some of the agencies, firms, and bodies that oversee Amtrak's financial transactions. We report our cash balances to the FRA every day. And we also submit monthly reports so they are very aware of both our immediate balance and our longer term outlook. We are also audited on an annual basis, just as any publicly traded company would be. It would be hard to think of an entity, public or private, that is as thoroughly subject to scrutiny or oversight as Amtrak. Some even say we have more studies on us than the Kennedy assassination. [GRAPHIC] [TIFF OMITTED] 80348.013 Over the last decade we have grown our ridership, cut our debt, reliance on Federal support, and we brought new service to States and regions that have fewer and fewer choices. We are doing the right things and we are doing things right. Congress should be proud of the job we have done. But we faced very real capital challenges that have to be addressed. If we do not invest, we would expect to see not lower operating costs, but higher ones. Not higher speeds, but lower ones. Not better on-time performance, but worse. Our fleet and Northeast Corridor infrastructure are old and getting more fragile than they have ever been. Each day the investment need grows. This reauthorization provides an opportunity to make a decision about what kind of railroad we want and what kind of business we are going to run. For the benefit of our customers, our employees, and our Nation, I ask you to address the needs for investment that provide for the safe, secure transportation of our customers at competitive trip times, with greater capacity to support our economy, and with a national intercity mobility and connectivity in mind for Amtrak, America's railroad. Thank you. Mr. Denham. Thank you, Mr. Boardman. Mr. Szabo, I wanted to start first by discussing the budget that was recently presented. This year Amtrak received $1.5 billion in Federal funds, but the Administration is now requesting $2.7 billion for Amtrak in 2014, and an average of $2.6 billion per year for the next 5 years. You are seeking an additional $1.2 billion for Amtrak. What is the need for the additional funds? Where do you expect the expenditures to take place? And what is the revenue system you are looking to generate or offset that? Mr. Szabo. It is really a matter of taking a look at what does it take to do this right and to make sure that rail, whether we are talking passenger or freight rail, plays the role that it is going to have to play in meeting our growing transportation needs. And so, it is a matter of drilling down in each of the distinct business lines which we propose separating out and fully understanding what are the capital needs to bring that railroad to a state of good repair, and ensure kind of three tenants that I come back to: safety, efficiency, and reliability. And making sure that we are making the capital investments so infrastructure and equipment is fully refreshed, and then the capitalization takes place on an ongoing basis for continuing renewal of the infrastructure in the fleet, again, to make sure that we operate safely, efficiently, and reliably. So, we drill down in each of the business lines--as I said, the Northeast Corridor--and take a look at the substantial backlog of state-of-good-repair needs for the corridor to bring it to the state that it should be. And the other business line with the States, of course that responsibility is now transferred to the States under PRIIA Section 209, both the operating as well as the renewal of capital. And so we are proposing that transitional assistance for the States that phases out over the 5-year period. And then again, for the long-distance network, which is kind of that third critical business line, understanding, again, what it is going to take to do it right, to make sure it is safe, efficient, and reliable. And then the fourth category in the business lines would be those national assets. To a great extent, one-time improvements that need to be made, such as bringing all the stations into ADA compliance, positive train control investments, as well as what would--the elimination of legacy debt--and again, those are the three things that would fade away--while also providing for the overhead items such as the national reservation system, security, and IT systems. Mr. Denham. And to pay for it? Mr. Szabo. President proposes that we pay for this--take roughly--of the $600 billion savings from the drawdown of the overseas conflicts, $300 billion of that would go directly to deficit reduction, $214 billion of it would go to the Transportation Trust Fund, and out of there we would take the $40 billion that we need for a strong 5-year rail reauthorization program. Mr. Denham. Thank you. And on the capital investments, how much of the capital investments are you looking at for track, new track, or track upgrades versus new trains versus bridges and stations, positive train control---- Mr. Szabo. Yes. Mr. Denham [continuing]. How much of it is going to debt? Mr. Szabo. I can give you that drill-down for the record. We can provide that for the record. But essentially, what we have looked at, we have accumulatively, you know, taken a look at what all of those capital needs are. And so we can provide you a more detailed breakdown for the record. Mr. Denham. Thank you. Look forward to seeing that. The 2009 transitional assistance. PRIIA has been in place for 5 years now. Obviously, we are very anxious to get a new PRIIA reauthorization. But back to the 2009 transition assistance, what States are requesting assistance right now? Mr. Szabo. Virtually all of them. I can provide for you the list that has come in. But there have been several individual States that have requested help, as well as broader---- Mr. Denham. Do the States not have it in their current budgets? Mr. Szabo. It is a challenge for them. It is a serious challenge---- Mr. Denham. It is a challenge for the entire Nation. We have increased our debt by a huge amount. Mr. Szabo. Yes. Mr. Denham. But the States, under 209, have each put it into their current budgets. So my question to you is, if they have got it in their current budgets, why would, after a 5-year transitional period, after 5 years of PRIIA in place, why would we now reauthorize PRIIA with an additional transition assistance? I am sure they would like the additional revenue. I am sure they would like to have a number of different revenues from the Federal Government. But this was an agreement 5 years ago. Why would we extend new monies for States that are already budgeting in their current budgets? Mr. Szabo. Chairman, at this time there are, in fact, States that have not budgeted the appropriate dollars to maintain their current level of services. And so there are States that--where service is at risk if some form of funding is not found. Mr. Denham. We would like to see a list of those. Mr. Szabo. Very good. We can provide that. Mr. Denham. Mrs. Napolitano. Mrs. Napolitano. Thank you, Mr. Chairman. And on the same line of questioning is, what would happen if they do not pay for some of those services? What would happen to the rail line? Mr. Szabo. The service goes away. You know, in this--under PRIIA Section 209, the responsibility for that corridor service becomes the State's responsibility. And so, if the State cannot pay, you know, for their service, their service would have to disappear. Mrs. Napolitano. And is this something they are aware of, and are--have you notified them? Is this part of the incoming budget? Mr. Boardman. It is my responsibility to notify them, and that will happen next week. Mrs. Napolitano. It will happen? Mr. Boardman. Yes. Mrs. Napolitano. But would you mind sending us a notice so I can follow it up in my own area? Mr. Boardman. Certainly. Mrs. Napolitano. Thank you. Both of you, California has three of the top five busiest Amtrak corridors, and they are all State-supported service routes: the Pacific Surfliner, the Capital Corridor, and the San Joaquin. What does the budget, the Administration's budget for these services, how will the Administration, Amtrak make sure that the State-supported routes continue to pay their--what are you going to do? What is it that you are going to convince the States to pay their fair share? Because some of them apparently do not. And how will they be forced to do that fair share? Will you diminish the amount of service, or will you just totally say, ``Sorry, you are not paying your fair share''? Mr. Szabo. Yes, the fair share allocations actually were addressed under PRIIA. Under PRIIA Section 209, Amtrak, with the assistance of FRA and all of the States, was required to come up with a methodology, an agreed-to methodology, that would fairly allocate the cost and expense among the States. And in a consistent basis. So this way, every State would pay their fair share, based on the level of service that they chose to operate. And so, ensuring the implementation of 209 is the, you know, surest way to ensure that consistency. It is one of the reasons why our program proposes the transitional assistance to the States, to make sure that they have the ability to absorb this burden. You know, and then, of course, through the second part of our reauthorization proposal, the Rail Service Improvement Program, States would have the opportunity then to apply for the grants on a competitive basis for those service improvements that they would like to make. Mrs. Napolitano. Thank you. Then another question is the Highway Trust Fund is exclusively financed by highway users. This is what our opponents have continued to argue, that this is something they have a problem with. But that is no longer the case. But the--Congress appropriate a billion revenues from the Highway Trust Fund. How can for-profit corporation effectively plan for the future when it does not know how it will be funded on a year-to-year basis? And does the current way of Amtrak financed end up costing the taxpayer more money? And what suggestions do you have to move forward with respect to this funding? Mr. Szabo. I will let Joe, in a minute, comment on the effects that it has on his organization in trying to plan, you know, in an environment where there is no consistency. But one of the most important reasons why we are proposing a 5-year reauthorization, and why we are proposing that a rail fund be created inside a broader Transportation Trust Fund, is to ensure that we can put rail on parity with other modes like highways and aviation, and actually allow Amtrak and allow States to do good, long-range planning. You know, the surest way to ensure, you know, success is to have predictability and to be able to plan for it. And so that is part of the reason why we believe it is so important that there be a dedicated trust fund. Mrs. Napolitano. And we agree with you. Mr. Boardman, the Passenger Rail Investment Improvement Act authorized the Secretary to finance the early buy-out options in your leases to reduce the overall debt. How much did you save, and thus save the taxpayer, the Federal Government? How much would extending that authorization save Amtrak and save the taxpayer money? Mr. Boardman. We think right now, for--we have got for 2014 to 2019, there is a cost to do this of a little over a half-a- billion dollars, $572 million, with a net savings in the cost of $393 million. So, going forward, we see a real potential here, even just in fiscal year 2014. What we are requesting right now is to do a leveraged buy-out of nine leases, costing $197 million. And that savings would be $107 million. Mrs. Napolitano. Thank you very much, Mr. Chair. I look forward to a second round. Mr. Denham. Mr. Shuster. Mr. Shuster. Thank you, Mr. Chairman. Mr. Szabo, I want to start with you. The 209 funding that you are providing, it seems to me the surest way for the States not to come up with the money is for the Federal Government to say, ``Oh, we are going to have this fund out here for you, so you are not going to have to come up with it.'' What would be the incentive for a State to come up with those dollars if the Federal Government is saying, ``Don't worry about it, we are going to provide you that funding''? I think that is the wrong approach. And in Pennsylvania-- just so everybody knows, when Pennsylvania decided to keep over the Pennsylvanian--the Governor made that decision--the line that goes right through my district, and that was a decision by the State, and I think that that came up, they worked with Mr. Boardman to figure out the funding levels, and so they came up with it. Again, far too often in the Federal Government--and we are going through this right now with sequestration--a 2-percent cut and the world is coming to an end. We have to make sure that Federal Government as well as State governments, everybody is rolling up their sleeves, figuring out in these tough economic times, these tough budgetary times, how they are going to make ends meet. So, again, explain to me why we think that is going to be helpful, and not hurtful, for these States having to make the reforms the need. Mr. Szabo. Yes, your comments are fair, but let me say this. I think the key here--two things. The first one is I want you to understand we are not talking about funding transitional assistance for their entire financial burden. We are talking about--only talking about the delta, the increase in the burden that States are going to be facing. Secondly, instead of this dropping on them all at once like an anvil, it comes back to what I said before of the ability to predictably plan. And so, a 5-year incremental phase-down allows them to do that, to make sure that they can get their budgetary constraints in order. They are going to assume the entire burden, but allows it just to be phased in in a little more fair or rational approach, rather than slugging them right in the face all at once. Mr. Shuster. Well, again, they have known for some time now that this was coming. And so, again, I think States need to--if they are getting the service from Amtrak, step up to the plate. And again, I am just concerned this is going to just allow States to punt on this one and just wait until the Federal Government provides them with the funding. Talking about certainty, PTC. I understand that it is going to be--very difficult for us to hit that timeline. So is the Administration looking at moving that date from 2015 down the road to allow for these folks to be able to purchase or develop the PTC? Mr. Szabo. Only Congress can change the date. Mr. Shuster. Well, I---- Mr. Szabo. You know, our responsibility is, in essence, to execute the requirements you give us. And as of right now, the requirement that we are obligated to execute is that deadline of 2015. Now, we did issue our report to Congress last year that does itemize the list of challenges that the different rail carriers are facing. And I do believe that full implementation across the Nation is going to be very, very difficult, if not impossible to achieve by that 2015 date. We can see partial implementation. And so, if you go back to our report, what we recommended is that Congress not in a carte blanche manner extend the date. But instead, give FRA the authority to grant extensions on an as-need basis, you know, based on a verified--you know, very verified and documented understanding of the challenges that a particular railroad might be facing. Mr. Shuster. So you are in agreement that 215 is probably not going to be met by a significant number. Mr. Szabo. Not fully implementation. Partial, yes. Mr. Shuster. And final question for you, the Administration is proposing $190 million in grant funding to support freight rail projects. Given that the freights are investing record numbers, why does the Administration, especially at this time when our budgets are as tight as they are, why are you proposing those freight rail---- Mr. Szabo. A couple of reasons. First off, again, we want our reauthorization proposal to be viewed as one that is holistic. You know, understanding that this isn't about passenger rail, you know, it has got to be about the rail industry. And it is all intertwined. There are certainly rail projects out there where there can be well-defined public benefits. And so we are talking about being able to invest in the value of those public benefits, not the private benefits. And I can give you some good examples, things like, in the past, the Heartland Corridor or Crescent Corridor, the intermodal operations that CSX and NS have invested in, projects like the Indiana Gateway, where, you know, there is just tremendous rail congestion that is affecting the movement of both freight and passenger trains in and out of Chicago through a very, you know, tight funnel there in Indiana, and has negative impacts upon the community. And so, there are public benefits in these investments. And we would only expect our dollars to go in to matching those public benefits. We also believe that as the role that freight and passenger rail grows, there will be additional negative impacts upon communities. And so, we believe that it is in the public interest to provide for community mitigation that eliminates some of those negative impacts on those communities and enhances safety: grade crossing improvements, underpasses, overpasses, things of that nature. Mr. Shuster. And there will be a process, we will be able to see some transparency on where those---- Mr. Szabo. Absolutely. We would talk about a competitive grant process, and one that would provide full and complete transparency. Mr. Shuster. I see my time has expired. Are we going to have a second round? Mr. Denham. Yes, we will have a second round. We will actually be showing some slides on the funding of the different routes. But I just want to clarify. In the budget we are continuing to have questions about this $300 million on the State corridors. That is a big disconnect from what we have up here. You are requesting $300 million, but State-supported routes is about $100 million, $85 million of what we expect. So where is the other $200 million for State-supported routes? Mr. Szabo. I will get back to you on the record, Chairman, to make sure we have got a very clear breakdown for you. But this is, again, holistically understanding both the capital, as well as operating needs that the States are now going to have to incur. Mr. Denham. This is not my time, I just want to clarify, because that is a huge disconnect. Mr. Boardman, do you have any idea of the---- Mr. Boardman. Yes, I believe that Joe is probably right. There is a capital component of what they are talking about. So it would be operating, because the 305 committee, as a part of PRIIA, began to buy equipment and locomotives for the States. Mr. Denham. OK, thank you. Mrs. Napolitano. Mr. Chairman, could I request that that be part of the record, to submit to us what the changes are, or what the distribution is? Mr. Denham. Yes. Mr. Szabo. Yes, definitely. Mr. Denham. Mr. Nadler. Mr. Nadler. Thank you, Mr. Chairman. Mr. Boardman, with respect to capital funding, the PRIIA authorized $6.7 billion in capital grants to Amtrak for fiscal years 2009 through 2013. The committee, this committee, worked closely with Amtrak on a bipartisan basis to determine appropriate authorization levels. Unfortunately, congressional appropriators provided Amtrak with $4.7 billion instead of $6.7 billion, a shortfall of $2 billion. What impact did this shortfall in the appropriations have on Amtrak? And does shortchanging Amtrak result in more of a backlog which ends up costing us more, eventually? Mr. Boardman. Yes. I think, Congressman, that what happened always happens, and that is you do fall farther behind. Today, just in what we need to get done, we are in a backlog of about $5.8 billion. But I think, more importantly--and I entered it in the record last time, so I don't need to do that again--is that it has been all documented now at $52 billion. The number used to be $40 billion. It is now---- Mr. Nadler. What is $52 billion? I am sorry. Mr. Boardman. $52 billion to really bring the Northeast Corridor to a state of good repair. Mr. Nadler. So this $2 billion shortfall was for the Northeast Corridor? Mr. Boardman. Yes. Mr. Nadler. And the--can you tell us what impact that has had so far, besides just a long-term piling up of more deferred capital? Mr. Boardman. We have been able to maintain our services through maintenance. But, as I said in my testimony, the continuing underfunding of what needs to be done will result in potentially slower speeds and potentially worse on-time performance, and just generally degrading the Northeast Corridor. Mr. Nadler. Let me ask you one other question. I am more familiar with the New York City Transit Authority. The mean distance between failures today is about 170,000 miles. In 1976, after years of deferred maintenance such as Amtrak is undergoing now, that figure was 6,000 miles. We instituted a series of capital plans and got it from 6,000 miles to 170,000 miles. When it was 6,000 miles you couldn't go anywhere because the cars were breaking down all the time. If we keep underfunding the capital needs of Amtrak, you are going to have to do deferred maintenance. Can you see anything like that happening over a period of time? Mr. Boardman. On equipment itself, we have a very strong program of rebuilding and maintaining reliability. But I do see a problem, especially on the infrastructure of the corridor, of maintaining it at the speeds that we really are operating now. Mr. Nadler. So we have to slow the speeds? Mr. Boardman. Yes. Mr. Nadler. Thank you. And also, the Disaster Relief Appropriations Act of 2013 provided Amtrak with $86 million in capital grants and $32 million in operating grants to address repairs related to Hurricane Sandy. I understand that Amtrak has decided not to accept the $86 million in capital grants because language contained in the Act would prohibit Amtrak from using any of its capital or debt service grants for operating expenses, including temporary transfer of such funds. Why is this language a problem for Amtrak? And what impact will not being able to accept the $86 million have on Amtrak? Mr. Boardman. I think I tried to address that in slide 2 of my testimony. Where Amtrak really has been was in a situation where it had regularly--at least in four times in the last couple of years--used the capital funding to support the liquidity it needed to operate the railroad. There was a clause in the Sandy Bill that said we couldn't do that. So---- Mr. Nadler. Did that clause apply only to the $86 million, or to all capital funds? Mr. Boardman. Well, we saw it in the future as being all capital funds. But it did apply to the $86 million specifically, or that is the way we initially---- Mr. Nadler. So you didn't accept the $86 million because you were upset with the precedent that might inhibit your future use---- Mr. Boardman. We actually didn't--we actually used capital funds for 2 days after this bill was signed. So we weren't really eligible for the $86 million at that point in time. Mr. Nadler. Because you used it for operating for 2 days. Mr. Boardman. Because we dipped into the capital side. So we need a legislative fix in order for us to access the $86 million. Mr. Nadler. When this was being considered by Congress, you were aware of it? And did you oppose it, this provision that said you couldn't use the capital for operating? Mr. Boardman. I believe we had discussions about it and were not happy about it. I don't know all the detail of that. Mr. Nadler. And Mr. Szabo, Administrator Szabo, does this language cause concern for FRA? Mr. Szabo. Well, it is certainly not prohibited by our grant. And understanding that Amtrak is a private corporation, it is actually somewhat a--the, you know, pooling of cash and floating of cash is a widely accepted practice in private industry. Mr. Nadler. So you--so this language for Amtrak causes you concern? Mr. Szabo. The language would cause us concern, yes, yes. We--you know, we believe that it is a practice that should not be prohibited, and that the $86 million is, you know, so vitally necessary for Amtrak. Mr. Nadler. Thank you. Mr. Denham. Thank you. Mr. Mica. Mr. Mica. Thank you. Again, we have made some progress in accounting and some progress in paying down debt and lessening some of the subsidies. But I am still concerned about the size of the losses. Mr. Szabo or Mr. Boardman, can you tell me from last year what the loss was on food service? I go back to my McDonald's illustration. Mr. Boardman. I will provide a written response---- Mr. Mica. No, I want--no one has a clue as to how much we lost and---- Mr. Boardman. No. Mr. Mica. Do you have a clue? Mr. Szabo. I prefer to be accurate---- Mr. Mica. Because you say you have got all these---- Mr. Szabo [continuing]. Congressman, so we will provide---- Mr. Mica. You said you got all these accounting awards and everything, and neither the FRA Administrator nor the Amtrak leader can tell us how much they lost in food service. Mr. Boardman. Nobody would ever give me an accounting award, but they did give that to Amtrak. Mr. Mica. But it is a simple thing. We went from $83 million to---- Mr. Boardman. I don't have the answer, Congressman. Mr. Mica [continuing]. $85 million. Well, I would like that, because this cup of coffee, again, I can buy at McDonald's, they can make a profit. If it cost $1 on Amtrak, it costs the taxpayers $1.60. And weren't you subject to some sequestration requirements in Amtrak? Mr. Szabo. Yes. Mr. Mica. Were you, Mr. Boardman? Mr. Boardman. Yes. Yes, we were, sir. Mr. Mica. What was it, 5 percent or something? Mr. Boardman. I don't really remember the total. Mr. Mica. Didn't you look for areas where you could cut your losses? Isn't this--$85 million---- Mr. Boardman. Yes. Mr. Mica. A lot of our figures have been--we could close down food service on Amtrak and actually save taxpayers a huge amount of money. In fact, if you take the money that is coming in, which is--the 209 money will be about $85 million more, according to your chart, 209, the---- Mr. Boardman. That is the expectation, yes. Mr. Mica. Yes, yes. And we take the loss from food service. I mean we are in the $200 million range. Mr. Szabo, you came here--well, first of all, we looked at the dipping in to the--if you look at the charts that were provided, it's kind of interesting, because Amtrak survives a lot on stealing capital for operating expenses, historically, at least with what you---- Mr. Boardman. Well, it doesn't really steal. You put it right back again. Mr. Mica. But---- Mr. Boardman. If you look at, really, what was there, you were taking it out and you were putting it back---- Mr. Mica. Well, we are taking it from capital---- Mr. Boardman [continuing]. To manage the cash. And that was what I was really trying to talk about. You had to have that cash management---- Mr. Mica. And it is kind of interesting. If you see the FRA grants--now, some--not all the grants were subject to the restriction we put on some of the transfer of capital money. Is that correct, Mr. Szabo? Mr. Szabo. No. It is my understanding that the way the language is written, that it would prohibit the temporary float of any---- Mr. Mica. OK. Mr. Szabo [continuing]. Capital dollars for the purpose of---- Mr. Mica. Well, I see these FRA grants--and this is your chart---- Mr. Boardman. Oh, no, it is our chart. It is not---- Mr. Mica. OK. Well, somebody gave me the chart. It is showing the influx of FRA grants---- Mr. Boardman. Well, that is when the--when we would receive money from the FRA---- Mr. Mica. But that was going on---- Mr. Boardman [continuing]. Which would be dependent on whether---- Mr. Mica. Yes. Mr. Boardman [continuing]. Congress had passed the resolution. Mr. Mica. And then this chart shows the use of capital to cover operating expenses. That wasn't just Superstorm Sandy, because we have March of 2011---- Mr. Boardman. Oh, no. We do that on a regular basis. Mr. Mica. September of 2011 there wasn't a superstorm. Mr. Boardman. That is correct. Mr. Mica. March of 2012 there wasn't a superstorm. Mr. Boardman. That is correct. Mr. Mica. So it is sort of a pattern. Mr. Boardman. Yes, it is. It is a pattern. We use it and do it on a regular basis. Mr. Mica. May need--you may need some operational reserves, and that would be prudent business practice---- Mr. Boardman. It would cost us more money to do that than the way we are doing it now. Mr. Mica. Well, again, I look at some of the information provided and the calculations are a 4.5-percent increase in benefits and other costs. Mr. Boardman. Those are labor contracts, yes. Mr. Mica. Well, shouldn't they be subject to, again, some reductions, in either reducing number of employees or---- Mr. Boardman. We actually have reduced the number of employees. But not on the operating side. We did not--we chose not to cut service, because that is where our customers need-- -- Mr. Mica. What about on the management side? Mr. Boardman. It is on the management side that we have cut. Mr. Mica. OK. If you can provide the committee--I am interested--at a time when, again, we have got trillion-dollar deficits growing, we are--you can't even get into the building here, one of the guards got me this morning, ``Mr. Mica, we don't have enough people to service getting folks to their representatives.'' And we are paying a dollar--underwriting $1.60 for every dollar---- Mr. Boardman. Well, I don't know that that is the case. That is the number that you testified to, but I don't agree with that. Mr. Mica. Well, I don't--and no one seems to know, even with the accounting awards, at how much our losses are on a major activity. How are we doing on our credit cards? Can you use a credit card for all transactions now? Are we a cashless operation on Amtrak? Mr. Boardman. We are not entirely cashless. People can still use cash. Mr. Mica. Oh, no. Please don't tell me that. I thought we-- this is something we have asked for---- Mr. Boardman. I think if you read a dollar bill it will tell you you can use it, but yes, we are still using---- Mr. Mica. Even with your mobile phone you can get a device now to charge things for people who do lawn work. And you can't--we still do not have common efficiencies in Amtrak. Yield back the balance of my time. Mr. Denham. Thank you. Ms. Esty. Ms. Esty. Thank you very much. And thank you to my colleague for allowing me to go and then return to a markup where we have votes very shortly. So, one just quick question, Mr. Boardman, as a frequent user of the Northeast Corridor--and I want to thank Mr. Nadler for asking a couple of the other questions that are of particular concern to us here. Section 212 of the Passenger Rail Investment and Improvement Act requires that the Northeast Corridor Infrastructure and Operations Advisory Commission-- requires them to develop a formula for compensating Amtrak for commuter rail usage of the infrastructure facilities and services in the Northeast Corridor. Amtrak is then required to work with the Northeast Corridor States to implement a new agreement based on the formula. Can you tell us what the status is of Section 212, please? Mr. Boardman. Yes, ma'am. We have had a regular working group going on at the commission, looking at how the methodology for providing those dollars would go forward. We are expecting a report out from the commission in, we hope, the spring. It may be summer before that happens. But we are working right along, as required. Ms. Esty. Thank you very much. Be very eager to see that, as I know my Governor is very eager to see it, as well. Thank you very much. And thank you again to the chairman and to my colleagues. Mrs. Napolitano. Would you yield, Ms. Esty? Ms. Esty. I yield back the balance of my time. Mrs. Napolitano. Would you yield to me? Thank you. Mr. Mica wants the cashless system, which means credit cards. Credit card companies do charge retailers, including Amtrak, fees for using them, which costs the taxpayer. How, then, is this going to save money? Or does it cost Amtrak additional money? I know you were talking about it costs more money to do it the other way, versus what you are doing now. Please explain the difference. Mr. Boardman. Well, we do have a pilot program going on right now with a cashless--in an effort to look at how a cashless system would really work. But we have not eliminated all the cash requirements at this point in time. The debt cards don't have all those same charges, I don't believe, but this is not an area I am a real expert in. There is going to be a demand for the future. Somebody told me that, ``It is you old Baby Boomers are the ones that carry cash around in your pocket. It is not us Millenniums and younger.'' So there really is a demand for it, as well. That is how people do pay for things today. So we are trying to accommodate our customers. Mr. Szabo. And, Congresswoman, if I could make a comment, too, this is one of the important reasons--going back to Congressman Mica's concerns, one of the biggest reasons why we think it is important to now take a look at Amtrak by the individual business lines we would require a 5-year business plan from them for each one of their business lines. And in that business plan we can start talking about costs associated with things like food service, and better understand what is the plan to achieve better efficiencies. And certainly technology will likely be a part of that. It may not be the entire solution, for the very reasons you and, you know, President Boardman have discussed of meeting the needs of all of the traveling public, as well as the potential costs involved, both capital as well as operating, in just going entirely cashless. Mrs. Napolitano. Well, but how much does it cost Amtrak when a credit card is used? Every time. Mr. Boardman. I will get a response to you, a written response to you. Mrs. Napolitano. Would you? Because that adds up. I mean as many employees you may have, as many services you might need, then that would add up if--every time you do use your credit card. Whereas the cashless, do you pay by check or do you pay actual dollar bills? Mr. Boardman. We will give you a good---- Mrs. Napolitano. Thank you, appreciate it. Mr. Boardman [continuing]. Detailed response. Mrs. Napolitano. Thank you very much. Thank you, Mr. Chair. Mr. Denham. Mr. Webster. Mr. Webster. Thank you, Mr. Chairman. I have a question for Mr. Boardman. Do you do market share studies? Mr. Boardman. Absolutely, yes. Mr. Webster. Florida, which is where I am from, we have millions of people--in fact, probably 100,000 a day--come to my area from just internal to United States. Is there a--do you have any plans for increasing your market share there, and possibly maybe even creating a better revenue source? Mr. Boardman. I recently went down and met with Secretary Prasad and discussed how we might be able to provide additional services. And so we are in discussion right now with Florida on what they would like to have us do, especially along the east coast. But we haven't arrived at any agreements at this time. Mr. Webster. Yield back. Mr. Denham. The Administration 2014 request proposes, Mr. Szabo, to fund Amtrak through lines of business, Northeast Corridor, State-supported routes, and long-distance routes. What is the benefit that FRA has in allocating funding in that manner? Mr. Szabo. According to the business lines, really, a couple of things. We believe that it just provides greater transparency, it allows for more accurate accountability, and we really feel it allows us, as the Federal Government, to better understand just what services that it is that we are purchasing from Amtrak. Mr. Denham. And I think it is important that we do separate them out that way. But followup would be the operating costs versus capital. It goes back to our question on the $300 million on the State corridors. If the current 209 funding is at $100 million, why wouldn't we separate it? Or why isn't the Administration separating out the operating costs versus the capital expenditure cost? Mr. Szabo. You are talking about for the State-supported service? I mean, actually---- Mr. Denham. Well, I'm talking about all lines. I mean, obviously---- Mr. Szabo. Yes, yes, yes. Mr. Denham [continuing]. Northeast Corridor still has---- Mr. Szabo. Yes. I mean, clearly, strong estimates were put together in both operating as well as capital needs in the preparation of the budget. But it really would come back to the preparation of that 5-year business plan in better understanding what will be Amtrak's operating and capital needs, based on that business plan, in each of the next 5 years. So, it allows for some elements of flexibility, again, to make sure that we are getting the maximum value that the public should expect for the services we are buying. Mr. Denham. And I would like to put up a slide quickly here, as I utilize the rest of Mr. Webster's time. Northeast Corridor profits up 143 percent, likely to continue to increase, continue to do a better and better job on the Northeast Corridor, very profitable, more and more people riding it. State-supported routes, we are doing a much better job, losses are down 24 percent. Federal share will continue to drop. I know we still have that concern or question about what the asset piece of this is. But dropping another 62 percent. [GRAPHIC] [TIFF OMITTED] 80348.014 The big question is the long-distance routes. Losses are up 11 percent. PRIIA had no impact in reducing those losses. The question is on the long-distance routes. Actually, let me--Mr. Boardman, let me ask you. Can Amtrak continue to afford increased losses in long-distance routes? Mr. Boardman. I think that is up to Congress. Mr. Denham. Well, what procedures or mechanisms would you put in place to reduce those losses? Mr. Boardman. I think that it is very difficult with the way that we operate our business model on the long-distance trains to ever make it profitable, because you can't get enough people on the train to make that really happen. I think where Congress has been on this, right from the beginning, is that it is a common good for the United States, a connectivity and mobility of coast-to-coast and border-to- border service. Even if you charged a greater amount than the $9.50 that Mr. Mica talked about earlier for a hamburger and a bag of chips, you are still not going to get the kind of revenue that you really would be looking for on some of these long-distance trains to really make this happen. There has to be an understanding that maintaining the connectivity and the mobility by Congress is a common good. If that is not understood, this will never continue. Mr. Szabo. And, Chairman, if I can add to that, I mean, first off, we believe that it is very important that rural America not be disenfranchised by, you know, eliminating this very necessary service for them. But we believe one of the strengths in our proposal, by having the separate business lines, requiring the preparation of 5-year business plans for each of those business lines, and again, making the appropriate capital investments--it is a critical part of it--to both infrastructure and equipment to make sure that this long-distance service is as safe, reliable, and efficient as possible, allows us to take a look at where we can achieve additional efficiencies through that business plan. You know, we should not suffer any illusions that we are ever going to make a profit on long-distance service. Clearly, on the corridor an operating profit can be made, and I think you are going to continue to see significant growth in State services. So the goal with long-distance, and I think we share this-- -- Mr. Denham. I understand the goal. I am out of time. I understand the goal. Do we subsidize---- Mr. Szabo. What we have to do is---- Mr. Denham. Do we subsidize the long-haul bus routes? Mr. Szabo. Well, you are seeing all that service fade away, sir, which is what is making the long-distance---- Mr. Denham. Is there a Federal subsidy to United Airlines, or any of the airline companies? Mr. Szabo. I think you could argue that actually there is, if you take a look at the entire transportation picture that every mode is subsidized in one form or another, including the bus routes, which are getting free use of a federally subsidized highway system. And, in the meantime, all of this bus service to rural America is going away, leaving Amtrak as the only alternative for these rural communities. Mr. Denham. Thank you. Time has expired. Mr. Cummings? Mr. Cummings. At some point, it seems to me, that what you said, Mr. Boardman, about connectivity and coast-to-coast transportation is something that all of us should strive for. You know, we can keep cutting and cutting, and you will end up with zero. And I live in an urban area. I have lived there all my life, and I will die there. But I will fight like hell for somebody in rural South Dakota or wherever to be able to have access to transportation. Now, there are several issues here, and one of them is this whole idea of competition. And I am convinced--see, you know, the--on the one hand you have got a goal, I guess, of trying to have transportation all over the country. And then you have got the Northeast Corridor doing a great job, I guess sort of subsidizing. Is that right? Mr. Boardman. That is correct. Mr. Cummings. The others. But do you think--I keep hearing these, you know, complaints about we need more competition, and that will help matters. And there is probably some truth to that. But, I mean, what is your reaction to that, Mr. Boardman? Mr. Boardman. I have a couple reactions. And one of the things, if you will permit me for just 1 second---- Mr. Cummings. Yes, sure. I only got 3 minutes and 20 seconds, but go ahead. Mr. Boardman. When we talk about profitability on the Northeast Corridor, for example, and 143 percent was put up on the screen, it is, I think, sometimes very difficult to understand that is only operating. That has nothing to do with capital. If you added this book or even part of it, or even the existing capital that we have in there, you would see numbers worse than what you see on the long-distance trains. And with long-distance trains, at least part of the cost is capital, because we are operating on the private railroads' line. And a huge part of the cost for us, and what we look for, is what we pay the freight railroads to provide that service. So, we are not really comparing apples to apples in the way that I know that we really want to. In terms of your question, though, about competition, and what does it mean--and Mr. Mica's gone. It wasn't Margaret Thatcher who privatized the British rail. In fact, she said that it was a privatization too far, and it wasn't something that she was really going to do. And one of my big worries and concerns here is that what the concept may be in reauthorization is we can split out the Northeast Corridor, privatize the Northeast Corridor, and then operate or not operate the rest of the country. This is a network operation. We bring over a half-a-million people a year into the Northeast Corridor from the long-distance trains. That is 1,300 and some odd people a day. That is 40 busloads of people that are being brought into the Northeast Corridor. Mr. Cummings. And it is also our constituents. Mr. Boardman. That is correct. Mr. Cummings. Let me ask you something, real quick questions. Amtrak now carries 75 percent of travelers between New York and Washington, DC. All of them travel through the Baltimore and Potomac Tunnel under the city of Baltimore, where I live. As you know, this tunnel is a bottleneck on the Northeast Corridor, and is in desperate need of repair. The American Recovery and Reinvestment Act provided $60 million for the development of a new tunnel alignment, as authorized in the PRIIA legislation. Can you give me an update on the status of this project, how far along we are in developing a new rail alignment? Further, once the alignment is identified, do you have any estimate of how much construction of that alignment would be actually--would actually cost? Mr. Boardman. Yes, we can. And we can do that, basically, Mr. Cummings, because of this report. If you open to page 20 on the report--and I think I gave every committee member a copy of this--what you find is that we are in the preliminary engineering and environmental analysis phase, which is a good thing. Because if you look at a lot of the other projects in here, they are not along that far. And what that is going to allow us to do, then, with funding from Congress, is to get to final design, and then we will know what it is really going to cost us to replace these tunnels. Right now the estimate is $1,500,000,000 in this report. So we are making progress, and we appreciate the support we have gotten from you and from others that we can make that progress. Mr. Cummings. And with regard to the--our--Penn Station, what funds are currently available to Amtrak to support station modernization? Mr. Boardman. I don't have the number with me, but I will respond to that in writing. Mr. Cummings. Well, we will send it to you in writing. Thank you, Mr. Chairman. Mr. Denham. Mr. Bucshon. Dr. Bucshon. Thank you, Mr. Chairman. Mr. Szabo, as you know, the Highway Trust Fund has not met the financial requirements for our infrastructure for quite a number of years, and has required other money to be appropriated from other areas of the budget to meet those needs. And I see the Administration proposed funding Amtrak by rolling it into an expanded Transportation Trust Fund funded by what is--and maybe I am ignorant to this, but financed with mandatory contract authority and discretionary obligation limitations. As you know, we already have a transit system in our cities that is part of the Highway Trust Fund designated funding stream, and we can't keep up with that, partially because they don't contribute to the Highway Trust Fund. So, I am just interested in why the Administration thinks that this is a good idea, other than taking away the discretionary process from Congress for Amtrak. And be more specific about how you think we can bring more money into what the Administration is calling an expanded Transportation Trust Fund. Mr. Boardman. Sure, sure. First off, Congressman, I think it is really important to note that with the establishment of the Transportation Trust Fund we are not--absolutely not-- talking about diverting any of the existing revenues that go into the highway or transit program. We are not proposing that any of those be diverted for rail. But we are, in fact, recommending that rail become a part of a broader Transportation Trust Fund. You know, recognizing the fact that we have to look at transportation holistically, multimodally, and start positioning ourselves so that whether it is moving people or goods, we can use the mode that happens to be most efficient for a particular journey. And so, rail, both passenger and freight, has clearly been the underutilized mode. And so we have to give a parity with the other modes. And so, that is why it is important that it become a part of the trust fund. The funding for our 5-year reauthorization proposal comes from the $600 billion savings from the overseas drawdowns, allows $300 billion of that immediately to go to deficit reduction, and then takes $214 billion to go into the Transportation Trust Fund to fully fund the highway piece through the year 2020, and transit, and allow the $40 billion that we are requesting for rail reauthorization for our 5-year program. Dr. Bucshon. So using the OCO funds, so-called OCO funds, Offseas Contingency Operation funds, obviously here in town we have tried to use that for almost everything possible. As you know, we are planning to draw down anyway. So in my view it would be like saying, you know, that I plan on buying a $40,000 car next year. And then, when next year comes around, I say, ``Well, I have decided not to buy the car,'' and all of a sudden my bank account has $40,000 in it because I didn't actually buy the car. So, I just--my point is that, you know, we already have trouble funding the Highway Trust Fund, based on the current funding stream through the Federal gas tax. I am a little skeptical that, with the proposal from the Administration, that we wouldn't just get ourselves in a pretty significant bind. And it is really theoretical money that really doesn't exist, because we are broke. And so, I was just curious. Like I said, other than taking away the annual or how many ever years we appropriate money to Amtrak, or authorize money for Amtrak and then appropriate it annually, other than taking that away from Congress, what would be the benefit of putting Amtrak into an expanded Transportation Trust Fund? Mr. Boardman. Predictability. It not only comes back to the parity that I talked about, but predictability. For the first time with rail, we would be able to make long-range plans and predictably invest, just as we have been able to do now for, what, seven decades for highways and roads, and you know, certainly several decades for aviation and transit. And so, again, it comes back to the need to give rail parity with the other modes, allow us to balance our transportation network. And, you know, in life all of us have to make priorities and choose. And it doesn't mean necessarily one thing or the other. It means doing two or three things over here, and not doing three or four things over here. And so, taking the $600 billion in savings, directing $300 billion immediately to deficit reduction, and funding transportation with $214 billion we believe are appropriate priorities. It helps us get our house in order, both from a deficit reduction standpoint, as well as making the very necessary upgrades to our transportation network, particularly for rail. Dr. Bucshon. Thank you very much. I yield back. Mr. Denham. Thank you. Ms. Brown. Ms. Brown. Thank you. And hello, Honorable Szabo. I have not seen you in a long time. And Mr. Boardman. I have a couple of questions. Let me just say I was watching the news recently and I saw that Amtrak ridership was up. It was a big story. So can you give me some in-depth information about it? Because it is very exciting for me to know that people are riding the train. And we understand that we in Florida are not just competing with Alabama and Mississippi and those other nice States, but we are competing with the Chinese that have put $350 billion into rail. And we are just trucking along. You know, we are the caboose, and we don't use cabooses any more. So would you just give me some updates? I am very excited about it. Mr. Boardman. I---- Ms. Brown. And I am one Member, and I am probably the only one, that would not put a dime of the savings into deficit reduction. That is a long-term problem. I would put every dime into infrastructure investments. That is my position, but I am not the President and I am not the only Member of Congress. But no, that is my position. I want to grow the economy. I want to invest in infrastructure. We used to do that. We used to do it on a bipartisan method here in Congress. And I hope we can get back to it. We want to put people to work. So that is my opening statement, Madam Chairman and Mr.--and my question, I told him. Tell me about two things. Tell me about that big news story I saw on television. Mr. Boardman. We have been--Congresswoman, it is good to have you here. [Laughter.] Ms. Brown. I was at the VA. Mr. Boardman. You always ask me the question, and then you take me on another trip. One of the things that I think that are--I don't have all the numbers in front of me, we would be happy to give you all the numbers--but we are setting records that we have had the greatest ridership on record for March in our history. For any month that Amtrak has operated. Why and how are we doing that? Well, I would like to think we are meeting our customers' needs. Their wants, their needs, their expectations. We are also managing our revenue. We are managing what we do for making equipment available, so we are maximizing the number of seats that are available, we are increasing our capacity in every way that we can. We are looking for ways to make sure that we are reducing the cost to the Federal Government for the services that are out there, whether they be capital investments or whether they be operating investments. So, it is really that foundation of safety, the focus on the customer, and then we see something better on the bottom line. Ms. Brown. Would you talk about Hurricane Sandy? How are we recovering from that? Mr. Boardman. We recovered a lot quicker than anybody expected. We pushed very hard. We were open again by the second night going into New York City. And within 3 days we were open again to Boston, because it was at a critical time for us to move for Thanksgiving, which is our greatest ridership and revenue in all the year. And what we found was even though the original projections were we were going to lose more, we actually began to recover quickly. So we are recovering what we will have lost, to the largest extent, because of this increase in ridership and revenue. We still had a problem in a short period of time, and we don't have the capital to fix the problems that we had during Sandy. Ms. Brown. Can you tell us the importance of dedicated funding source, and what would it do for passenger rail in this country? Mr. Boardman. I think it would stop us having to do these piecemeal investments. And I believe that all of you up there want to figure out a way to make that happen. I understand that. This is a difficult time in our Nation to figure out how to finance the things that we really need to do, and balance the transportation modes. I think that Joe and the Administration have really tried to look at this and put a reasonable foot forward on it. I think it is difficult on all of you to figure out how are we really going to make this happen. Ms. Brown. Mr. Szabo, I have got a few seconds. You want to add anything? Mr. Szabo. Well, just that, you know, we continue to see rail as the mode of opportunity for the future. I mean you just take a look at the dramatic growth in passenger rail. And it is not just on the Northeast Corridor or in the State-sponsored service, but it is also on the long-distance network. And the more that we can ensure the safety, improve the reliability, and continue to achieve efficiencies, the more it is going to continue to grow. Ms. Brown. Thank you. Mr. Denham. Mr. Boardman, we recently got the Brookings Institute's recommendations, the book that I had held up earlier, focusing on the Federal subsidies on the Northeast Corridor and the State-supported routes, and having States pick up more of the responsibility for money-losing long-distance trains. How would Amtrak support such a structural change to how the long-distance trains are funded? Mr. Boardman. For the record, because you have put the report in the record, I think that the Brookings Institution was right in some areas. They are not right about long-distance trains. There is not going to be a compact of States that begin to finance long-distance trains. States do not want--and, Chairman Shuster, in the discussion that led to the Pennsylvanian being resolved, there was an undertone all the time of the necessity or the lack of necessity that there was to actually get passengers to Chicago. That is not what Pennsylvania wanted to do. It wanted to get people from Philadelphia to Harrisburg, and then on to Pittsburgh. But they resented the fact that part of that train's function may really result in moving people in interstate service. And I think that is part of the problem here, in looking at a compact of States. I guess the way I look at it, Chairman, is that we have one. It is the United States. And it is the United States who has to figure out how, for the common good, we are going to connect our Nation together. Mr. Szabo. Just for the record, Chairman. Mr. Denham. Mr. Szabo. Mr. Szabo. The Administration would echo that, that when it comes to the long-distance network, we believe that compact of States is the United States of America. And so it becomes our responsibility to ensure that we have a strong, reliable, and efficient long-distance passenger rail network. We think the proposal that we have put forward gives us both the capital, as well as operating support that it is going to take to do that, that the more efficient that we can make--or I should say the more reliable we can make the system, the more efficient we are going to be able to make it. Mr. Denham. Thank you. I have limited time, but I do want to just touch on that real quickly. The question is efficient. And whether you are talking about California high-speed rail or the Northeast Corridor, you start having to make tough decisions on the amount of stops that you have. The more stops that you have, the less efficient you are. And the real question really becomes does a State need a stop if it stops at 2:00 a.m. You know, does that State then say, ``No, make the rail more efficient. Don't stop here. We will bus people to the next State so that we can have that connectivity''? Mr. Szabo. Let me answer that in two parts. I mean, first off, we really believe--and again, our proposal places a strong emphasis on this, that as we move forward, these decisions really have to be market-based. We have to do good planning, we have to do strong planning, and we have to make sure that States and regions, as they put their plans together, you know, understand the types and levels and frequency of service that are most efficiently going to meet their market needs. When it comes to the long-distance network, you know, yes, there are some challenges with service hitting these communities at 2:00 a.m. and 4:00 a.m. It is kind of the nature of the beast. And I am sure those communities would argue that they would prefer to see service in the a.m. You know, but unless you are having a conversation about doubling service on the long-distance network, there is going to be winners and losers in that a.m./p.m. battle. And for rural America, they are still going to tell you, Mr. Chairman, that they would rather have that service than not have any at all, because aviation is leaving these rural communities, intercity bus is leaving these rural communities. And rural America has to have some transportation options. Mr. Denham. Thank you. It is certainly an area that this committee will continue to look at. But I think that warrants probably a hearing all of its own. I did want to get back to the budget. Mr. Szabo, both the House and the Senate 2014 budget resolutions include no funding--no funding--for high-speed rail grants. Given that the reality of limited fiscal resources, huge trillion-dollar debt increases year after year after year, even though this President said it is un-American to have increased debt, we continue to see $8 trillion of new debt. I know the President's focus on fix-it-first. But if we are going to fix it first, why is the Administration again proposing billions of dollars of new high-speed rail projects, like in California, when there is $30 billion of backlog of capital projects on the Northeast Corridor? If we are going to fix it first, are we going to fix it, first? The question is are we going to fix it first, or are we going to continue to throw more money at things like California high-speed rail, the Recovery Act, the stimulus dollars, $8 billion--and while I can appreciate Ms. Brown being willing to give Florida's money to Mrs. Napolitano, that money is still not being spent. So why increase spending in this year's budget for high-speed rail when we haven't even spent the money from 3 years ago that is still sitting in a pot? Mr. Szabo. Well, actually, all of that money has been awarded and about $3.6 billion of the $10 billion is either construction that is completed, currently underway, or we will be initiating here in the next couple of months. But going back to our budget proposal, a significant portion of it, it is all about--the top half of our proposal is all about fix-it-first. It is all about meeting the state-of- good-repair needs for the Northeast Corridor. So, we take into account all of those fix-it-first needs for the intercity passenger rail network. But again, it comes back to having priorities. And we believe that rail is the mode of opportunity, has to be put on equal footing with other transportation modes. And because, as a Nation we have failed to invest in higher performing intercity passenger rail and high-speed rail, that these investments need to be made. We have come forward with the funding plan, $600 billion of savings. These are real savings from the overseas drawdown, $300 billion immediately going to deficit reduction, $214 billion going into the Transportation Trust Fund to make sure it is solvent through--I believe it is the year 2020. And then it funds our 5-year proposal, the $40 billion that we are looking to take care of both the fix-it-first needs, as well as moving forward with investments. Mr. Denham. Thank you. Mrs. Napolitano. Mrs. Napolitano. Yes. Just changing track, if you will. Your statement, Mr. Szabo, indicates that rail trespassing accounts for 63 percent of all rail-related fatalities. My district sometimes has more than one a year in rail crossings, whether it is railroad or Amtrak. They could be preventable. I know the railroad has a program. But what investment does this budget make in highway rail safety improvements and education? And where are these workshops referred to being held? And what is it that we need to know to be able to take advantage or--because I do have a lot of rail in my area, to be able to tell my cities, my communities, my schools, that they can access assistance in being able to educate their youngsters and their families. Mr. Szabo. Congresswoman, let me start by saying, first off, we are particularly proud that, by virtually every statistical measurement, this was the safest year in railroad history. But---- Mrs. Napolitano. But it is still high. Mr. Szabo. Exactly. And that is where I was going to go. And that includes grade crossing fatalities. But they are still way too high and, you know, a significant challenge for us. I will, for the record, get you the information on where the additional workshops are being held as a followup to the workshop that we held in St. Louis last year. But an important component of our budget proposal, if you go down under the area for--it is titled, ``Freight Capacity,'' which really isn't the best title. In there we are also talking about things for community mitigation that would include the ability to do some good work like the State of North Carolina has done in sealing their corridors, in closing off additional grade crossings and building additional overpasses and underpasses. The safest grade crossing is one that doesn't exist. Mrs. Napolitano. Well, I know in our area we are trying to include more grade separations, because of the---- Mr. Szabo. Yes, yes. Mrs. Napolitano [continuing]. Alameda Corridor, which could benefit the Amtrak. Mr. Szabo. And that is the type of project that would also be eligible under that particular line item, things like the Alameda Corridor. Mrs. Napolitano. Well, there is a lot of issues with the-- because we are such a community that is divided by avenues and boulevards, instead of long distances. So we really have a lot of contention when it comes to congestion, when it comes to rail crossings and all of that. The safety issue is great for us. So, I really would have a great need to be able to see how this is moving along. That is one area. Then the other area would be to address track cost accidents. FRA has issued regulation--concrete ties. Is it all Amtrak usage, or is it just Amtrak-owned or State-owned? Because this really is an issue. We have had--well, not recently, but we had about five or six rail accidents in my area back a few years back. And a railroad replied back by doing replacement of some tracks because they were having hairline cracks in their rail. What about Amtrak? Mr. Szabo. If I follow your question, the regulation on concrete ties would not mandate concrete ties to be used everywhere, but it does establish regulations for when they are used. And, obviously, there are freight scenarios where they are the safest and provide the best cost benefit to the freight carriers. They are certainly appropriate in higher speed rail operations like the Northeast Corridor. The work that is being done in the Midwest, much of it is being done with concrete ties. An important part of our budget proposal is into research and development. And we have been doing some very good R&D that I am hoping to advance even further on track inspection. Mrs. Napolitano. With which university? Mr. Szabo. I would have to get you that for the record. Actually, I believe there are a couple of them involved. But we are using laser technology now, or investigating laser technology that actually does a far superior job of not only detecting the flaws, but in hopefully, we hope, providing predictability in rail fatigue and helping us better understand when it is going to fail, so it can be replaced in advance. Mrs. Napolitano. Well, I hate to tell you, but laser technology was being used on the rail tie that failed. And it wasn't as helpful as---- Mr. Szabo. Well, it certainly isn't the new technology that R&D is proposing now. Mrs. Napolitano. OK. Well, we would love to be able to have some of that information to be able to pass that on down. There are other questions I will submit for the record, Mr. Chairman, but I thank you for allowing us to do this. Mr. Denham. Mr. Shuster. Mr. Shuster. Thank you, Mr. Chairman. Long-distance rail. And I know New Orleans to Los Angeles, Sunset, is probably the biggest loser we have out there. Is there a breakdown from where the ridership is? I am sure there is, but like New Orleans to Houston. Does it go to Austin or San Antonio? I am not sure where--San Antonio? Mr. Boardman. San Antonio. Mr. Shuster. And then from Texas to Albuquerque, New Mexico. Is there a breakdown? I mean how many people are going from New Orleans to Los Angeles? I got to believe very few. Mr. Boardman. Yes. There is an awful lot of on and off traffic on the train. Maybe not so much on that particular one. That is not our biggest loser. Our biggest loser is the one that goes through Albuquerque. It is the Southwest Chief. That costs us the most. Mr. Shuster. Where does it go? Mr. Boardman. It goes from Chicago through La Junta, Colorado, over the Raton Pass, to Albuquerque, and then on to L.A. So--and I have a chart, Chairman, and it was in the last hearing, where if you took the top six losers, you cut off all service to the west coast from Chicago all the way--anything that lost over $10 million a year. Mr. Shuster. Right. It seems to me that these long- distance--you know, are the biggest problem. You know, refocusing, looking at them from city to city, is that something that is possible to do? Because, again, at some point you are going to have to make decisions. We are going to have to make a decision. I believe we want a national rail system. But at this time, do we step back and focus on lines that, you know, city-to-city--New Orleans, the Houston, or whatever it is, and focus our efforts there? And maybe some of these for a period of time you step back away from them and suspend them--because I believe if we do this in the right way, organically this thing grows. We have tried to impose this on the Nation and it just doesn't seem to be working. And we talk about rural areas. I come from a rural area. Everybody has got--98 percent of the people have cars. People aren't clamoring to get on trains and travel the United States. They have their other modes to do it. And I know we don't want to cut off rural--as you mentioned, air service is being cut off. But again, people have the wherewithal, the vast majority, to move about. So, again, do you have an analysis on those city-to-city rides, and a breakdown---- Mr. Boardman. Actually, people are clamoring to get on the trains, believe it or not. You can't get a bedroom, you can't get a seat many times in the summer time, because people do want to see the United States on the train. And if you looked at--back to your Sunset Limited example for a minute--we operate that 3 days a week. We looked at operating it 7 days a week, and the freight railroad that was involved said, ``OK, but it is going to cost you $700 million to do that, to get back on that route for 7 days a week.'' And that--therein, Chairman, is the problem with cutting back. If you cut back, then what you are going to have when you go back to put it back in service, if you ever do? You probably can't afford to do so. You lose it. And that is the biggest difficulty here, is losing the whole shebang. Mr. Shuster. All right. Well, you mentioned about people clamoring to get on trains. If they are clamoring to get on trains, then are we charging them enough money? Mr. Boardman. $900 for a bedroom. We are really charging them a lot of money. And I didn't mean to cut you off. It is just we have a very high rate to do this. But you have got few people that can get on that train. And you are not going to want--your freight railroads, if all the sudden you proposed to put another train out there, would be very negative on that. And I don't think that is what we want to do. We want to get them on the railroads and off the railroads as quick as we can. Mr. Shuster. Because when I talk about charging enough money, I ride the Keystoner frequently to Harrisburg. And every time I do, my little back-of-the-envelope analysis, they charge me somewhere between $29 and $39 one way. So, you know, $58 to $79--$60 to $80 round trip. When I do the analysis, I don't think we are charging enough on those trains. And I know--the Governor of Pennsylvania decides on rates, is that accurate? Mr. Boardman. We work with Pennsylvania on that. Mr. Shuster. That sound right? Mr. Boardman. But it is something they probably want to charge more for in the future. Mr. Shuster. And I guess it is getting close to break-even, what we have done there in the Keystone. Is that accurate? Mr. Boardman. Yes, I don't know. Depending on break-even operating---- Mr. Shuster. Operation, operation. Mr. Boardman [continuing]. The capital. Mr. Shuster. Yes, operationally. So, again, and we need to look at those kinds of things. Because, again, I do an analysis and figure $100 for a business traveler being on the train, productivity, eliminate the headaches to get in and out of Philadelphia or New York or in the corridor. So I think those are things we need to really look at. You mentioned, too, that there is not a significant number of people on these long-distance trains--what kind of increase would you have to see to move the needle to see significant reduction in the cost? Mr. Boardman. I think what you are asking for--and we will give it to you--is an analysis of the long-distance network, and the way that it could operate or not. Mr. Shuster. Right. And I see my time has expired, but finally, you know, I think you said there is $10 billion--when the chairman was asking you about the money that is not spent, you said $3.5 billion is spent. I still think we have to take a real hard look at what we are doing in California. I mean it is not in my lifetime that they are ever going to come up with the money to build a high- speed rail from San Francisco to Los Angeles because that State is in bad fiscal condition. But redirecting that money--and, of course, I would make the case, and maybe offending my California friends, that that money going into the Northeast Corridor would be a huge benefit. And 5.2--it is about two- thirds of your backlog that you have in the Northeast Corridor. But even if I back off of that--I see Mr. Denham is lighting up the little--if you took that $3.5 billion and you put it into the San Diego-Los Angeles system, or the San Jose- San Francisco, I am told by those folks that operate those trains in the transportation world there, that would be significant reduction in time from San Diego to Los Angeles. And if any place in the world needs help to reduce congestion, that is the Los Angeles and San Diego leg or the San Jose-San Francisco leg. So, I hope that is something that we look at, because that is $3.5 billion that they may build that length through the Central Valley, but $60 billion more is just--to me--I think it is going to be a complete boondoggle---- Mr. Szabo. I will just say this, Chairman. We remain both committed and bullish on the California high-speed rail project. And one of the reasons why in our budget proposal, you know, we are calling for additional planning dollars is to make sure that we can continue and complete the Northeast Corridor future study, which is going to be imperative, so they are both eligible and ready for future investments. And that was the biggest challenge 4 years ago, because the States hadn't come together on a unified vision because good planning hadn't been done on the Federal level or the State level. They really weren't well positioned for the type of investment that you are talking about that is so necessary to allow that to become the shining star that it can be. You know, it is great service today. But there is no question that we can make---- Mr. Denham. Mr. Szabo, I am going to have to cut you off, and--Mr. Shuster went way over his time, and I am trying to run a tight ship. And Ms. Brown has been very patient. She and I are going to be traveling quite a bit across the Nation, and I need to stay on her good side. So, Ms. Brown? [Laughter.] Ms. Brown. Thank you, Mr. Chairman. I guess you didn't think about that when you mentioned the fact that we sent $3 billion to 18 other States that the legislature and the people of Florida had indicated that they were all on board and all supportive, and 1 person--the Governor at the time--sent that money back to the Federal Government. And over 200 stakeholders came to Washington on plane, rail, and everything else to try to get our money, and 18 other States got the money and put people to work. But let me just say something else. We did have an election. And I don't know what it means to anybody, but I think the President won. And I think some of his proposals should go through. I mean maybe I am by myself. But I do think some of his proposals should go through. And when I sit here and listen to people talk about transportation, I guess I am the only person in the room that remember when we had Katrina over 3,000 people died because they couldn't be moved out of harm's way. Over 3,000 people. They couldn't be moved. So, we need to think out of the box, like the rest of the world. Think out of the box. How are we going to move our people out of harm's way? How are we going to continue to do that? It is not just how much it costs. What is the cost of life? What is the cost of service? We--Mr. Boardman did not reinstate the Sunset Limited on the other side. I have had two meetings with the mayors, elected officials from New Orleans to Orlando that is interested in reinstating that system from New Orleans to Mobile to Pensacola to Tallahassee to Jacksonville and Orlando. That is a lot of interest in reinstating that area. How do we work with the local officials when you have Governors that have their head in the sand, or think like some of my colleagues that, I guess, everybody should have a car. Well, those people in New Orleans did not have cars. And now, if we have another hurricane, how we going to get them out of harm's way? That is--remains the problem. We need to continue to think out of the box. How we going to move our people if we are attacked? It can't happen the day that the attack occurs. Where are we--I know we did a study on the Sunset Limited. I have a meeting scheduled in July with all of those elected officials coming to Jacksonville. We are very interested in reinstating the Sunset Limited. And we know what was the problem. It wasn't that the people didn't want the services, but the freight rail interferes. And so you are arriving in New Orleans 2:00 in the morning. That is the problem. We need a direct from--and you can call it anything you want to--starting in New Orleans to Orlando, destination to destination. All right, Mr. Boardman. [Laughter.] Mr. Boardman. We did do the study, Congresswoman. And, as you know, our requirement on that particular study was to bring it back to Congress and ask Congress to fund it. Ms. Brown. Congress? Mr. Boardman. Yes. Ms. Brown. Oh. [Laughter.] Mr. Boardman. And that did not happen. So we didn't progress. Ms. Brown. What is the possibilities of doing--you know my colleagues always talk about outsourcing or partnering or-- there are other people that is interested in participating. What is the possibilities of us doing that? Mr. Boardman. We are always interested in working with our partners, and certainly working with you. In the end, though, we always come back to the dollars that it takes to get the job done. And I think that is what we have all been talking about here today is how are we going to do that. And we are certainly interested in it, but we have to have funding to make that happen. Ms. Brown. There are people that would be interested in just cutting out the long-distance so those people in rural areas would have absolutely no service, whether it is rail-- that is the only service they have now--I have forgotten the number of cities that is the only service they have--they don't have airplanes, they don't have buses. What--I mean I guess they don't want mail for them, either. I mean it is the United States of America. Mr. Boardman. I agree with that. I agree. Ms. Brown. I am not through. What I want to know is--back to this budget, I see the President's recommendation on this budget, $214 billion for infrastructure for the shortfall, and $40 billion for rail infrastructure. Is that going to be a grant-type program, what we already have, wherein the Federal Governments put the grants out and the State come in not with the Congress--I guess the Administration actually administers it--and we get all upset when we don't tell--when the States don't do what we want them to do. Mr. Szabo. Yes. Congresswoman, if I followed you correctly, if we are talking about the allocation of---- Ms. Brown. Yes. Mr. Szabo [continuing]. The drawdown dollars, OK, $300 billion go to deficit reduction, $214 billion would then go to help fund the needs of the Transportation Trust Fund. As you know, the Highway Trust Fund and others already have their own challenges, and so that would assist in essentially helping the Transportation Trust Fund for highways, transit, and rail, the highway and transit portion being fully funded out to 2020, and then taking care of the funding needs for the $40 billion 5- year rail reauthorization. And yes, our program going forward for the rail service improvement program, the new improvements, would be a competitive grant process that has to be based on sound planning, good market analysis, and understanding the transportation needs of States and regions, and how rail fits that role. Ms. Brown. I just got one final question. When a State comes in and applies--like California, for example--and they said--I don't know why I want to use California, but they come in and apply and we in Congress don't think they made the best decision, but California and the people of California applied, and they got the grant, can we have the opportunity to change it if we decides--or is it something about states' rights that still exists, but only when we want it to exist? Mr. Szabo. Well, obviously, if you have a competitive grant process, and somebody is selected as part of that competition as having, you know, one of the most meritorious projects, I think it would be highly inappropriate or irregular for Congress to try and override the terms of a competitive grant process. Mr. Denham. Thank you. As we finish up this hearing, just a couple final questions on budgets and priorities. This was a good segue into that. Mr. Boardman, the Northeast Corridor asset improvements, about $30 billion? Mr. Boardman. $52 billion, according to the report. Mr. Denham. $52 billion? And how about total system improvements? What is the need? Mr. Boardman. Total system beyond the Northeast Corridor? Mr. Denham. Yes, sir. Mr. Boardman. I would have to get you a number back. I don't have it on my head. It doesn't--it is not a lot, because we don't own a lot. We have got Chicago, we have got New Orleans, and a few other things. Mr. Denham. And the $52 billion, that is just track, bridges--I mean that is just basic infrastructure. That is not trains. Mr. Boardman. It is not trains. Mr. Denham. And what about train and asset improvement? Mr. Boardman. We believe that we need to begin to replace the Acelas within the next 5 years or so, and we are going through an analysis right now of what that will cost. Mr. Denham. And in the $52 billion, that is also stations, as well, correct? Mr. Boardman. I believe so, yes. Correct. Mr. Denham. OK. So, Mr. Szabo, the question I have is---- Mr. Boardman. And tunnels. Mr. Denham. I am sorry? Mr. Boardman. And tunnels. Mr. Denham. And tunnels. Obviously, I did not agree with the stimulus package, did not agree with the Recovery Act. But the point of it was, as Ms. Brown said, is the President was re-elected, and it was his funding. But it was supposed to be for shovel-ready projects. Obviously, we have got that money still sitting out there. These were all shovel-ready projects, where you could put people back to work not only immediately, but you could have put them back to work 3 years ago. Fifty-two billion--I mean that is a priority that needs to be in our infrastructure currently, our current plans. Two questions. First of all, the way that we fund our rail is far different from the way that we fund our overall road system, our highways across the Nation. Why not have a trust fund for Amtrak? And let me ask first, Mr. Boardman, would you want to have a trust fund? Mr. Boardman. If we found a way to have predictable, regular funding, absolutely. I don't know if it is a trust fund, or what it is. Mr. Denham. So why not have a trust fund? And for that matter, why not, like the Department of Transportation, have a separate line item for the overhead expense of just having a national rail system? Mr. Szabo. Well, I think, essentially, that is what we are proposing in our budget proposal. We are proposing that rail have its own dedicated trust fund, and we are proposing that we, you know, budget according to each business line so we understand the service that we are buying in each of those business lines and have, you know, full transparency and accountability. So I think what you are asking me or what you are proposing is certainly not far off from what it is we are proposing. I would, you know, like to have some dialogue to better understand the differences. Mr. Denham. I would appreciate that dialogue. Let me go a step further, because I don't feel like your priorities line up for that, at least the way that we are looking at in the budget. For $40 billion over the next 5 years, but of that $40 billion 35 percent would go to Amtrak, 65 percent would go to high-speed rail, so you get a very small percentage of the $52 billion that Mr. Boardman needs to have infrastructure improvements. Mr. Szabo. No. Actually, again, 100 percent of his state- of-good-repair needs are fully met in our proposal. And then he remains one of the eligible applicants for additional growth and development and modernization. Mr. Denham. In the 5-year budget? You meet 100 percent of his needs in the 5-year budget? Mr. Szabo. His state-of-good-repair needs. Mr. Boardman. Not the $52 billion, but the backlog of the $5.8 billion that we talked about. And I think what he is saying is that we would be eligible for the other $52 billion out of the other 65 percent pot, if I understood your question---- Mr. Szabo. Exactly. To enhance the Northeast Corridor to the next level, you know, making the NEC future vision become reality that would be eligible to compete under the Rail Service Improvement Program. Mr. Denham. OK. And as we are wrapping up here, just finally, the $40 billion Amtrak--$26 billion, 65 percent of that, is in this other pot. But you are saying that Amtrak would have an opportunity to bid---- Mr. Szabo. Oh, absolutely. Mr. Denham [continuing]. As every---- Mr. Szabo. Absolutely, yes. Mr. Denham. And of the $26 billion, 40 percent of that would be allocated to California and to the current high-speed rail--$2.4 billion, approximately. Mr. Szabo. No future dollars are automatically allocated anywhere. All projects would be expected to compete, you know, through a competitive bid process. Mr. Denham. You are already well on your way of funding California high-speed rail. You are not just going to let the track run from Merced to Bakersfield and then stop. Mr. Szabo. As I said, we are absolutely committed, as well, as I said, bullish on the project. But we will not presuppose that anybody gets any of these dollars that are expected to be competitively bid. And so, based upon the applications, based upon the sound planning that has been done, and based upon meeting--service being tailored to the market needs. Mr. Denham. So, of the $38 billion, approximately, that GAO says that California high-speed rail needs over the next 10 years, the $10.4 billion, or the $40--the $26 billion, there are no guarantees in the $26 billion that California high-speed rail will get--there is no guarantee that they will get a large percentage of that, or any percentage of that. Mr. Szabo. They would have to effectively compete. Mr. Denham. Thank you. We do have a number of other questions. We will submit that to both of you individually, and look forward to a quick response. Mrs. Napolitano? Mrs. Napolitano. A very, very quick question, Mr. Chair, and that has to do with the service if the States do not comply and pay their fair share. We talked about that. And what would happen, then, to the labor--to the employees and the labor negotiations in any of the contracts you may have? Mr. Szabo. Talking about PRIIA 209? Mr. Boardman. Yes, let me answer that question. Mrs. Napolitano. It is 209. Mr. Boardman. That would be one of the shut-down costs if the States didn't come forward. If we couldn't find a place, then we would look for our employees to have--be able to move or shift---- Mrs. Napolitano. Relocate? Mr. Boardman [continuing]. To another location. If that didn't happen, there is a provision called the C-2 provision, where they will be paid their salaries for a period of time. I don't have that in my mind right now, but that is a requirement. Mrs. Napolitano. Do you foresee any of this happening? Mr. Boardman. I do not know at this point in time. I think we have not received either enough yeses or noes from the States. We continue to hear from them, but we have not been told. They will be delivered a message from me next week that says we either have to have these contracts signed, or we will end service within 180 days. Mrs. Napolitano. So that would be---- Mr. Boardman. October. Mrs. Napolitano. October. And based on that timeframe you are giving them, are you arranging to have some other contracts that would provide some service--not the same full service---- Mr. Boardman. No. Mrs. Napolitano. Just---- Mr. Boardman. None. Mrs. Napolitano. None. OK. Thank you, Mr. Chairman. Mr. Boardman. If they decide no, then we are not going to. Mrs. Napolitano. Thank you. Mr. Denham. Thank you. Appreciate both of your time today. Again I want to re-emphasize the fact that the passenger reauthorization is going to be up this year. We are going to be very aggressive in working with both of you to come up with something that is meaningful for the rest of the Nation. And Ms. Brown and I will be going on the road and working with each of you to understand the specifics of that around the Nation. So, again, thank you both for your testimony and your time today. Your comments have been very helpful. And if there are no other questions, I would ask unanimous consent that the record of today's hearing remain open until such time as our witnesses have provided answers to the questions that have been submitted to them in writing, and unanimous consent that the record remain open for 15 days for any additional comments and information submitted by Members or witnesses to be included in that record. [No response.] Mr. Denham. Without objection, so ordered. I would like to again thank our witnesses. If no Members have anything to add, the subcommittee stands adjourned. [Whereupon, at 12:08 p.m., the subcommittee was adjourned.]