[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] NATIONAL RAIL POLICY: EXAMINING GOALS, OBJECTIVES, AND RESPONSIBILITIES ======================================================================= (113-28) 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 __________ JUNE 27, 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 81-678 PDF WASHINGTON : 2014 ----------------------------------------------------------------------- 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 MARK SANFORD, South Carolina ------ 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........................................ v TESTIMONY Hon. Joseph C. Szabo, Administrator, Federal Railroad Administration................................................. 4 Michael P. Melaniphy, President, American Public Transportation Association.................................................... 4 Edward R. Hamberger, President and Chief Executive Officer, Association of American Railroads.............................. 4 Michael P. Lewis, Director, Rhode Island Department of Transportation, on behalf of the American Association of State Highway and Transportation Officials........................... 4 John P. Tolman, Vice President and National Legislative Representative, Brotherhood of Locomotive Engineers and Trainmen....................................................... 4 PREPARED STATEMENTS AND ANSWERS TO QUESTIONS FOR THE RECORD SUBMITTED BY WITNESSES Hon. Joseph C. Szabo: Prepared statement........................................... 47 Answers to questions from the following Representatives: Hon. Jeff Denham, of California.......................... 57 Hon. Corrine Brown, of Florida........................... 64 Michael P. Melaniphy: Prepared statement........................................... 69 Answers to questions from Hon. Jeff Denham, of California; includes supplemental material............................. 79 Edward R. Hamberger: Prepared statement........................................... 112 Answers to questions from Hon. Jeff Denham, of California; includes supplemental material............................. 133 Michael P. Lewis: Prepared statement........................................... 175 Answers to questions from Hon. Jeff Denham, of California.... 187 John P. Tolman: Prepared statement........................................... 193 Answers to questions from the following Representatives: Hon. Jeff Denham, of California.......................... 199 Hon. Corrine Brown, of Florida........................... 200 SUBMISSIONS FOR THE RECORD Hon. Joseph C. Szabo, Administrator, Federal Railroad Administration, responses to requests for information from the following Representatives: Hon. Daniel Lipinski, of Illinois, regarding the number of active formal RRIF applications currently in process....... 20 Hon. Grace F. Napolitano, of California, regarding the status of the 2-year State grade crossing plans that were mandated for the 10 States with the most grade crossing accidents in the 2008 RSIA.............................................. 23 Hon. John L. Mica, of Florida, regarding Amtrak's nonrail annual revenue and the number of RRIF loans given since the inception of the program................................... 32 Hon. John L. Mica, a Representative in Congress from the State of Florida, submission of chart with information detailing Amtrak's long-distance transportation costs per passenger and Auto Train losses.............................................. 36 Edward R. Hamberger, President and Chief Executive Officer, Association of American Railroads, submission of the following: Association of American Railroads, PTC Implementation: The Railroad Industry Cannot Install PTC on the Entire Nationwide Network by the 2015 Deadline--May 2013 update... 136 Response to request for information from Hon. Jeff Denham, a Representative in Congress from the State of California, regarding positive train control (PTC) implementation timeline................................................... 41 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] NATIONAL RAIL POLICY: EXAMINING GOALS, OBJECTIVES, AND RESPONSIBILITIES ---------- THURSDAY, JUNE 27, 2013 House of Representatives, Subcommittee on Railroads, Pipelines, and Hazardous Materials, Committee on Transportation and Infrastructure, Washington, DC. The subcommittee met, pursuant to call, at 10:03 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 witnesses and thank them for their testimony today. We invited you because each of you represents a key stakeholder group involved in our Nation's rail industry. As you all know, Chairman Shuster and I are committed to rail reauthorization this year. I state that at every hearing because I want everybody to know that it is coming very, very soon, and we are going to need all of you involved and helping to get something that makes sense, especially in today's fiscal challenges. We have traveled across the country now. We will continue to visit different States in the Nation, local and Federal officials, and we are discussing the last reauthorization bill and how it has affected the railroad industry. We have heard suggestions on how we can improve our laws so rail transport can expand in a safe and efficient manner. It is clear that the current rail authorization has helped improve passenger and freight rail service in this country. For example, PRIIA, sections 209 and 212 have moved the ball forward with regard to Amtrak's State-supported routes in Northeast Corridor operations. These lines of business have increased revenue and eliminated much of the need for any Federal operating subsidy. Our goal is to build on the PRIIA successes and tackle the challenges that remain for freight and passenger rail. Hopefully, this hearing will inform the committee of what steps need to be taken to reach that goal. As I stated earlier this year, we need to be pragmatic and transparent, and we will need all parties to participate in order to deliver the best bipartisan product to the House floor. As seen by this week's House and Senate appropriation marks, we need to operate within realistic budget constraints, and I think we all agree reforms are necessary to ensure and leverage every dollar we do have efficiently. There is no division between the different services Amtrak provides. We need to put a structure in place to allow Congress' investment to strengthen passenger rail. We need to prioritize our investment. We need a reliable source of funding to invest in existing infrastructure in places like California, the Midwest and the Northeast Corridor within existing resources. This means we might have to take a hard look at the pie-in-the-sky visions, such as FRA's multibillion-dollar unrealistic budget. We should invest in projects that will increase safety, increase reliability and reduce trip times without breaking the bank. Ideally Prop 1(a) in California should be invested in realistic local projects instead of a project that has no realistic business plan, no proven ridership and exploding costs. For instance, in California, we have got the California State Rail Plan, which lists 27 capital investment projects for ACE. We have 36 for the San Joaquin line and 42 for the Capitol Corridor. Each will benefit existing ridership. Taxpayers entrust in this body their hard-earned dollars, and we must be sure those dollars finds their way back in the form of tangible benefits. Throughout my travels I have heard recurring questions that I want to address with today's witnesses. How do we focus our limited resources on investments that make sense in places like my home State of California? How do we improve governance on the Northeast Corridor to ensure stakeholders have an equal seat at the decisionmaking table? How do we leverage private sector investment and innovative financing to enhance our ability to invest in infrastructure projects? These issues are just an example of the difficult task we must tackle together in the next few months. Again, I want to thank all of our witnesses this morning. I would now like to recognize Ranking Member Corrine Brown from Florida, for 5 minutes to make any opening statement she may have. Ms. Brown. Thank you, Mr. Chairman. As we meet this morning, the House Appropriation Committee is considering a bill that will cut funds for Amtrak 2014, provide just $950 million for the railroads, including $350 million for operational grants and $600 million for capital and debt service. Federal funds of $950 million will not give us a better railroad. We know this from experience. What it will do is put Amtrak workers out of jobs, cancel replacement and overhaul of railcars and locomotives and derail service we demanded from Amtrak with the 2008 bill. I think that if we are going to focus on national rail policy, we ought to be discussing the impact of the constant cutting of Federal support for Amtrak while demanding more and more reforms. The two issues go hand in hand. How can Amtrak improve long-distance routes without funding? How can we expect Amtrak to reduce trip time when we fail to make the infrastructure investments that are needed to implement these reductions? Indeed, this committee, on a bipartisan basis, authorized a total of $9.8 billion for Amtrak in fiscal 2009 through 2013; however, annual appropriations for Amtrak since 2008 has been significantly lowered, about $2.5 billion less than what we authorized. Just take a look at that chart. Where is the chart? Now, 5 years later, some Members claim that Amtrak has not done enough. Well, I truly believe you get what you pay for. Other countries have learned that a long time ago. China, Japan, France and the U.K. are all investing billions in their passenger rail service. We constantly talk about wanting what they have when it comes to passenger rail, but then we are not willing to finance it. We look for other people to finance it, other people who have time and again told this committee that the Federal Government needs to step up to the plate. We did this for highway and aviation. From 1947 to 1970, when Amtrak was created, the Federal Government spent $11.3 billion on aviation. At the same time, we spent $52.4 billion for the development of an Interstate Highway System. While most of the money came from user fees, at least $8 billion was from general funds. Today annual Federal spending on highway construction exceeds $42 billion. We have not spent that much on improving passenger rail in 43 years. We have glossed over the fact that funding does not come from user fees. In fact, since 2008, a total of $52.3 billion in general funds have been transferred to the Highway Trust Fund to keep it solvent. I know that the chairman plans to hold a hearing on financing, but again, I think if we are going to talk about national rail policy, we need to also talk about the hole we are digging ourselves into by failing to adequately invest in Amtrak. Now let me briefly turn to long distance. There has been a lot of talk in the press about eliminating long-distance routes. I strongly oppose that. These routes literally connect our east coast to our west coast. They are what make Amtrak a national railroad. Without the long-distance train, over 4 million people in 23 States and 223 communities will lose all passenger rail service. Let me repeat that: 4 million people in 23 States and 223 communities would lose all passenger rail service. Finally, a critical component of our reauthorization bill includes reauthorizing our Nation's rail safety program. Although rail accidents are down, the National Transportation Safety Board has been called in to investigate 11 rail accidents that have occurred since June 2012. We must keep this in mind as we work on our bill to take advantage of the opportunities we have before us to eliminate what we need to do to make this, a very safe industry, even safer. With that, I want to thank all of our participants, and I am looking forward to hearing from the panelists today. Mr. Denham. Thank you. Again, I would like to thank our witnesses today. Our panel will include the Honorable Joseph Szabo, Administrator from the Federal Railroad Administration; Michael Melaniphy, president and CEO of American Public Transportation Association; Ed Hamberger, president and CEO of the Association of American Railroads; Mike Lewis, director of Rhode Island Department of Transportation, on behalf of the American Association of State Highway and Transportation Officials; and Mr. John Tolman, vice president and national legislative representative for the Brotherhood of Locomotive Engineers and Trainmen. I ask unanimous consent that our witnesses' full statements be included in the record. Without objection, so ordered. Since your testimony has been made part of the record, the subcommittee would request your oral testimony be limited to 5 minutes. Mr. Szabo, you may proceed. Thank you for joining us. TESTIMONY OF HON. JOSEPH C. SZABO, ADMINISTRATOR, FEDERAL RAILROAD ADMINISTRATION; MICHAEL P. MELANIPHY, PRESIDENT, AMERICAN PUBLIC TRANSPORTATION ASSOCIATION; EDWARD R. HAMBERGER, PRESIDENT AND CHIEF EXECUTIVE OFFICER, ASSOCIATION OF AMERICAN RAILROADS; MICHAEL P. LEWIS, DIRECTOR, RHODE ISLAND DEPARTMENT OF TRANSPORTATION, ON BEHALF OF THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS; AND JOHN P. TOLMAN, VICE PRESIDENT AND NATIONAL LEGISLATIVE REPRESENTATIVE, BROTHERHOOD OF LOCOMOTIVE ENGINEERS AND TRAINMEN Mr. Szabo. Thank you, Chairman Denham, Ranking Member Brown and members of the subcommittee. I appreciate the opportunity to testify. The Passenger Rail Investment and Improvement Act and the Rail Safety Improvement Act, both passed in 2008, were bipartisan game-changing pieces of legislation. 2012 was the safest year in railroading history. Amtrak's on-time performance, its ridership and its revenues are now at all-time highs, and the freight rail industry has never been stronger. Today, 6,000 corridor miles are being improved, 40 stations are being upgraded, hundreds of new passenger cars and locomotives are being procured, and States are competing--or completing more than 100 different environmental, engineering and planning projects, but we still have a long way to go to make up for decades of underinvestment in rail and be ready for the challenges ahead. Soon America's transportation network will need to move 100 million additional people and 4 billion more tons of freight annually, and it will need to do it safely, reliably and efficiently. Our airports and highways are stretched to their limits. Congestion costs our economy more than $120 billion per year. Rail is the clear mode of opportunity. It is extremely safe, cost-effective and the least oil-reliant, most environmentally friendly mode to move people and freight. Citizens are showing us the way. Recent studies by U.S. PIRG and the Frontier Group have painted a clear picture of American's shifting travel habits. In 2011, the average American drove 6 percent fewer miles than in 2004. In just 10 years, Amtrak's ridership is up more than 40 percent and growing faster than any other mode of travel. Population growth, mobility challenges, shifting travel patterns, these are the reasons why it is essential for us to work together to provide rail with the sustained source of funding that will put it on par with other modes. The 5-year, $40 billion rail reauthorization proposed in our fiscal year 2014 budget builds on the core principles of our previous authorizations. And we propose to fund our budget with a new rail account within the transportation trust fund. Our vision is for a National High-Performance Rail System that builds on today's progress, enhancing the Nation's rail system by addressing safety concerns, by providing funding for passenger and freight rail improvements and by promoting strong planning. Our vision is a state of good repair for Amtrak, improving safety, efficiency and reliability. With your support, we can develop new passenger rail services and substantially upgrade existing corridors, and we can fund freight rail projects critical to our Nation's economic competitiveness, including ones to improve safety by eliminating or upgrading public highway rail grade crossings. We envision a world-leading domestic rail industry, and we will manage our investments through a transparent process. Four years ago, when we started our high-speed and intercity passenger rail program, FRA evaluated nearly 500 applications submitted by 39 States, the District of Columbia and Amtrak. The applications requested more than seven times the available funding, illustrating the enormous pent-up demand. And in the past 4 years, the pipeline of rail projects has only grown stronger. Making large-scale investments on a year-to-year basis is both difficult and inefficient. No rail system in the world has ever been successfully planned and developed in this fashion. Funding predictability is a necessity to empower our partners, the States, local governments and the private sector so they can plan for and invest in the rail network our economy needs and our people deserve. So now is the time for a new bipartisan game-changing vision for American rail, and we look forward to working with you to make it happen. Thank you very much. Mr. Denham. Thank you, Mr. Szabo. Mr. Melaniphy. Mr. Melaniphy. Good morning, Chairman Denham, Congresswoman Brown, members of the subcommittee. We thank you for this opportunity to testify on our priorities for rail policy in this country. I have to believe that the Nation needs an integrated network of passenger rail services, including high- speed rail, where appropriate, that connects with the existing Amtrak system and with commuter rail, transit operations and other intermodal connections. Travelers should be able to make seamless connections between modes, between major metropolitan regions linked by rail service. As the Nation's population swells by nearly 150 million people by 2050, we need to make investments in our transportation infrastructure, including intercity passenger rail, which provides transportation choices and achieves national goals. We support dedicated revenues for such a program, other than those currently supporting the Highway Trust Fund. We also support a streamlined NEPA review process for projects. Moreover, both private and public sector participation should be considered in the development of new rail service and the planning, construction and financing of new rail infrastructure. We recognize the current fiscal pressures that the Nation faces and the challenges for Congress in providing fiscal resources and setting priorities within the Federal budget. However, we believe the investments in infrastructure, including passenger rail, are among the highest value investments the Nation can make. These investments will provide benefits to the Nation for hundreds of years. We know this committee recognizes the importance of transportation investment to the Nation's economic competitiveness and prosperity. Expansion and improvement of the our current intercity passenger rail system will require a commitment of Federal, State, local and private resources, a combination of funding and financing strategies that will not only pay for projects, but also speed their planning, design and construction. APTA recommends an authorization of $50 billion over 6 years to facilitate the development of high-speed intercity passenger rail funded by a dedicated and indexed Federal revenue source and complemented by the use of public-private partnerships. With regard to rail safety, APTA is unequivocally committed to safety, with passenger and employee safety being the number one priority for our Nation's commuter railroads. Since its inception, APTA has been an advocate for safety improvements, and we are always working to make our industry safer. APTA's standards program and safety audit program are examples of the ways the industry promotes safety, and I have described both in my written testimony. With regard to positive train control, APTA has consistently supported the concept of PTC, provided that proven technology, resources and radio spectrum, where available, a position that predates the Rail Safety Improvement Act. APTA is working with its member railroads to meet the law's requirements that all of the Nation's commuter railroads have federally approved systems to help protect against accidents. We want to work with this committee on how to get PTC systems installed on commuter railroads in an optimized fashion. Some commuter railroads already have collision avoidance systems, some of which have been in place for years, but there is still no off-the-shelf technology which is capable of achieving all of the law's safety objectives today. Key components of PTC systems, such as back office software, upgrades and revisions, roadway worker protection, are still in the development stage. It requires newly designed of radios and large amounts of radio spectrum to deliver information to trains and achieve interoperability between carriers. And it requires testing in the actual commuter rail operating environment. And above all, implementation costs are challenging, especially for publicly operated commuter railroads trying to deal with hundreds of state-of-good-repair projects unrelated to PTC, many of which also impact directly on the safety of operations. Implementation costs for commuter railroads exceed $2 billion, not including operating and spectrum costs. This is on top of many costs the railroads are incurring on the east coast as they deal with the issues of repair and rehabilitation related to Hurricane Sandy. We have told Congress for several years that we are concerned about the ability to implement PTC on all of the Nation's commuter railroads by the 2015 deadline, and we sought Federal funding to help commuter railroads pay for the costs of PTC implementation. We have also asked the FCC and Congress to provide radio spectrum without cost on the basis of public safety. And given all these challenges, we recommended the deadline for implementation be extended from 2015 to 2018 to allow for complete and orderly system integration. APTA appreciates the opportunity to testify today. We will be happy to try and answer any questions that you may have. Thank you. Mr. Denham. Thank you. Mr. Hamberger. Mr. Hamberger. Thank you, Mr. Chairman, Ranking Member Brown and members of the subcommittee. Thank you for the opportunity to be here today to discuss reauthorization of PRIIA. All of us want passenger railroads that are safe, efficient and responsive to the transportation needs of the country. At the same time, America cannot prosper in an increasingly competitive global marketplace without a best-in-the-world freight rail system. We think our Nation can have both: a safe and effective passenger rail service and a safe, productive world best freight rail system. Freight railroads want passenger railroads to succeed. We work cooperatively with passenger and commuter railroads to help make this happen, and we support Government efforts to grow passenger rail in ways that complement freight rail growth. As Mr. Szabo has said on more than one occasion, yes, America deserves a world-class passenger rail system, but not if it comes at the expense of what is already the world's best freight rail system. As I have said more than once before, our Nation's freight railroads are overwhelmingly privately owned and operate almost exclusively on infrastructure that they own, build, maintain and pay for themselves. In fact, this year alone, $25 billion private capital will go back into the infrastructure. That's 40 cents on every dollar, to grow, maintain and expand our infrastructure. But I draw your attention to the fact it is not that way for passenger rail either here or anywhere else in the world. I respectfully suggest that once you as policymakers agree on the nature and scope of passenger railroading in this country, you must be willing to commit public funds on a long-term basis commensurate with that determination. Moreover, Amtrak cannot plan, build and maintain adequate infrastructure that provides optimal transportation mobility and connectivity when there is so much uncertainty regarding what its capital and operating funding will be from one year to the next. Having said that, the establishment and management of schedules and on-time performance between Amtrak and the host freight railroads should be undertaken jointly by those parties on a contractual basis. It should be governed by private, bilateral contracts and the facts and circumstances of particular routes, not by one-size-fits-all legislative mandates. As you take a look at reauthorization of PRIIA, we have five principles that we think could help guide your considerations. First, safety has to take priority over anything else. Under certain conditions, passenger rail can operate on freight rail tracks at more than 79 miles an hour. In general, however, we believe that more than 79 miles an hour requires a separate track. Where there is a separate track for passenger rail, we think it should be far enough away so that if there is an accident, that it does not foul the adjacent track, having even more tragic consequences. Second, capacity issues must be properly addressed. Additional passenger train operations should both preserve the ability to operate freight trains as needed today and the opportunity to expand further freight service as our customers require in the future. Third, if passenger trains use freight railroad assets and property, it is reasonable for the freight railroad to expect full and fair compensation. Fourth, freight railroads must be adequately protected from liability that would not have resulted but for the added presence of the passenger rail service. Finally, there can be no one-size-fits-all approach. Each project involving passenger rail in general or high-speed rail projects in particular has its own unique challenges and circumstances and should be dealt with on a case-by-case basis. In my final minute, I would just like to draw your attention to my written testimony, where we go into great detail, as Mr. Melaniphy just has, on the challenges of implementing positive train control. We join APTA in calling for an extension of the deadline. Our proposal is for at least a 3-year extension plus an additional 2 years at the Secretary's discretion because of the unknown challenges that are out there. And let me make it very clear. We are not looking for a repeal of this mandate. We are committed. We have spent over $3 billion already. We have thousands of employees working on it. There are challenges as we try to develop the technology, as we try to develop the new radios, as we try to develop and install the equipment on 22,000 locomotives, and over 60,000 miles of track. Much of it will be installed by 2015, but not all. We want to work with this committee to see if we can work through an extension that allows this to be done, but you have our commitment that we are committed to doing it and we will get it done. Thank you. Mr. Denham. Thank you, Mr. Hamberger. Mr. Lewis. Mr. Lewis. Chairman Denham, Ranking Member Brown and distinguished members of the committee, thank you for inviting me to participate in today's hearing. My name is Mike Lewis. I am the director of the Rhode Island Department of Transportation, but today I am testifying on behalf of AASHTO, as its current president. I also serve as a member of the Northeast Corridor Commission. AASHTO's position on national rail policy has evolved through many years of State experience with delivering passenger rail service and working with and supporting large and small freight railroads. Dating back to AASHTO's 2002 Freight Rail Bottom Line Report, we have highlighted public- private partnerships as a model for investment in freight rail projects. Rail must be a part of a balance of transportation--a balanced mix of transportation alternatives available to our Nation's freight trippers and the traveling public. Making increased levels of investment and realizing the public benefits of a strong freight rail system will require partnerships among the railroads, the States and the Federal Government. The Heartland Corridor and the National Gateway Corridor are major intermodal connector projects resulting from shifting patterns of freight demand. These and similar projects make it clear that we must constantly adapt to changing global economics and logistics and that rail is an essential element of our overall national transportation system. Continued Federal investment is essential. Without it, the resulting--an increased reliance on the highway system would greatly increase highway congestion and maintenance costs, driving up overall costs of goods movements in the U.S. The recently formed National Freight Advisory Committee will provide a forum for integrating freight within all modes. Two AASHTO board members have been selected to serve on the committee, Secretary Ann Schneider of Illinois and Mike Tooley of the Montana DOT. Having spent my career in transportation first in Massachusetts and now in Rhode Island, I am most familiar with rail service in the Northeast. Demand on the NEC is at record levels. The NEC, however, cannot continue to accommodate rising demand, due to infrastructure that is highly congested and in need of repair. With more than 2,000 trains per day and major segments at or near capacity, operating the NEC leaves little room for error, as we saw with recent closures of parts of the corridor due to the commuter rail accident in Connecticut and as recently as Tuesday with the derailment of Amtrak construction equipment in Rhode Island. By bringing key stakeholders to the table, the NEC Commission is making a difference. For the first time, all the stakeholders are joining together to develop a corridorwide 5- year capital program. The fundamental tenet of the capital program is that funds generated by increased State and Amtrak financial contributions will not supplant existing Federal funding, but be used to leverage higher levels of overall Federal and State investment. The NEC Commission is a model for collaboration that can be used on other corridors across the U.S. The States have been providing funding assistance to Amtrak outside the Northeast Corridor as well. In 2013, 15 States either partially or completely supported Amtrak service. Under the provisions of PRIIA section 209, all short-distance Amtrak corridors must become State-supported routes and States must pay the proportional costs associated with their respective corridor. States continue to work cooperatively with Amtrak and are now in the process of contract negotiations looking at the list of items provided under the 209 pricing policy to determine the best use of State resources. So what should be included? National rail policy must be just that: a national policy. As AASHTO policy states, a robust national rail transportation network that moves both passenger and freight effectively and efficiently across international borders, State lines and within regional and State boundaries is essential to this Nation's continued growth and vitality. Safety continues to be our first priority. We must look at corridor-specific measures that will reduce fatalities and injuries and allow States the flexibility to use new technology, combine resources and partner with the private sector in innovative approaches that will lead to zero deaths, including those at rail-highway grade crossings. As called for PRIIA, a national rail plan should be the vision for both freight and passenger. To implement this plan, Congress must provide a long-term, stable funding for intercity passenger rail. Federal investment for intercity passenger rail in the Northeast Corridor and State corridors and improving the national network of intercity passenger rail, including long- distance trains, should follow a model similar to that proposed by the FRA, which consolidates rail programs to focus on existing passenger service state of good repair and expand and improve passenger and freight networks in order to accommodate growing demand. In addition, the MAP-21 project delivery streamlining measures should be extended to rail projects, both freight and passenger. The amount of time that it takes for a rail project to move from planning to actual construction could be reduced by half, saving millions in construction costs. The journey to defining and executing a national rail policy will be a long one, but today is a good day to start. I appreciate the opportunity to testify before the committee and will be happy to answer any questions you may have. Mr. Denham. Thank you, Mr. Lewis. Mr. Tolman. Mr. Tolman. Good morning, Chairman Denham and Ranking Member Brown, members of the subcommittee. I appreciate the opportunity to speak here today. On behalf of the 37,000 active Brotherhood of Locomotive Engineers and Trainmen members and over 70,000 rail conference members, I want to thank the committee. The BLET supports the concept of a unified national plan for our Nation's passenger and freight railroads. It is consistent with our desire for long-term planning and financing of rail. It is also imperative that any national rail policy would protect the interests of the men and women who work in the railroad industry today. In order for our Nation to meet the economic and environmental challenges that we face, we must continue to invest in the infrastructure and to develop and plan for new means to get goods and people from place to place in the most fuel-efficient means possible. Rail clearly is the best means of doing this. On the passenger side, Amtrak and the intercity commuter railroads and their employees have the knowledge, skills and abilities to develop, implement and grow passenger rail systems throughout this country. They have done great work and continue to set record riderships across the country. Passenger rail is a great example of the old quote in the ``Field of Dreams'': ``If you build it, they will come.'' On the Amtrak side, this cycle of underfunding must end. They desperately need long-term funding and predictability. Most troubling currently of all labor is the recent proposed House appropriations budget for fiscal year 2014. The bill would cut the FRA by 40 percent. On the freight side and for its professional skilled railroad employees, intermodal freight transportation is the way of the future, with goods moving from ship to truck to train on a seamless network. To continue this, we need to ensure that we continue to invest in our infrastructure. Unfortunately, the House Appropriations spending leaves TIGER grants out entirely; it also tries to cut this year's awards in half by rescinding $237 million before the DOT can get the already awarded grants out the door. Railroads have improved their fuel efficiency by 23 percent in the last two decades. As stated by Ed Hamberger, the freight side in the industry is investing billions annually in its infrastructure and is well positioned to handle any additional freight that comes its way, but we must also ensure that continued investments are not only to expand the capacity but also to improve safety. Along these lines of safety, PTC will save lives, and the BLET strongly supports the implementation of PTC on our Nation's railroads. This technology will prevent the most egregious and catastrophic accidents throughout our Nation. All too often, cost-benefit analysis is used as the sole objection against moving ahead on rail safety projects. If we could rewind the time and freeze the movement before any fatal accident, such as Macdona, Texas, or Graniteville, South Carolina, occurred and talk to the train crew or talk to the residents, who among us would like to explain to them that they would die of an accident not from the accident itself, but from the smoke or hazardous materials inhalation because the congressionally mandated emergency escape apparatus--breathing apparatus and switch points indicators failed a cost-benefit analysis. Let's work together to implement feasible protective safety opportunities for the public and for its employees. As Ed Hamberger testified last week in front of the Senate, and he stated, job safety is the number one issue for the industry. So let's walk the walk and talk the talk and get things done together. A national rail policy must take all factors into account, including connectivity to provide service nationwide. Now is the time to stimulate the economy and to invest in jobs, the number one issue in the last national election, jobs. Through the creation of good passenger rail system throughout the Nation, for every $1 billion invested in high- speed rail or rail passenger, it could create 47,000 jobs, based on a DOT study and a Federal Transit Administration study. The workers currently employed by our Nation's railroads are among the highly skilled employees in the world. They are entitled to a safe work environment, and any comprehensive rail plan should not interfere with their ability to keep and expand their work. In conclusion, we would like to reinforce the need for Amtrak long-term funding and continued need for cooperation between the freight railroads and labor to provide a stimulus to our industry, to the economy, and we need to do this while making critical strides to enhance safety. Once again, thank you very much for the opportunity to be here. Mr. Denham. Thank you, Mr. Tolman. Thank you all of our witnesses. As always, we will be doing the 5-minute rule. We will plan on at least two rounds of questioning, with such a large panel. I am going to start things off with Mr. Szabo. We have gone round and round a couple times on budgets. I imagine that we will go round and round several more times on it, especially with the House Appropriations Committee recently making their plans known, but I want to get a realistic view from a committee standpoint on what our priorities for PRIIA reauthorization are; what are realistic projects we can actually accomplish, given a bipartisan effort between the two Houses? You start with your budget at $2.7 billion. The Senate budget is current funding, which is $1.45 billion, and then the House now at $.95 billion. Best-case scenario, I think, is current funding. I mean, that is the Senate's starting point and the House is lower, I imagine we are going to ultimately get somewhere in between there. Going much higher, without some new funding source, which I would be encouraged to hear any efficiencies or new funding sources that the administration is looking at, but best case right now today looks like would be that $1.4 billion or the current level of funding. What are some of the top programmatic reforms that you think will ensure the most efficient use of those Federal dollars? Mr. Szabo. Well, I think if you take a look at our budget submission, it really clearly spells that out. Our mission is to ensure the safe, reliable and efficient movement of people and goods. When you start taking a look at the state of our transportation network today, the congestion costs in loss of productivity that our transportation network is already facing, and then when you take a look at the decades of underinvestment in rail, combine that with the efficiencies that rail can generate in moving people and goods, the enhanced productivity, the enhanced safety, the improved environmental sustainability that the rail offers, we believe that our budget proposal is not only realistic, but certainly appropriate, that it is time that we truly put rail on parity with the other transportation modes, that we no longer treat it like a forgotten stepchild. And because of these decades of underinvestment, there is clearly this need to advance the vision forward of real commitment of dollars and a reliable and sustainable funding pool out of a rail account in the trust fund. Mr. Denham. Outside of the whole budget debate, because that debate is going to continue to go on, assuming we have extra money, we are going to need to put significant infrastructure repairs, not only some that safety repairs that should have been done decades ago, but certainly areas that we can create greater efficiencies, but in the PRIIA bill itself, we are looking for reforms that help us to create greater efficiencies or greater use of taxpayer dollars. Do you think State-supported routes is working well and would you propose doing that in other areas? Are there other types of reforms that you need to be looking at? Mr. Szabo. You know, I think if you take a look at our budget proposal, one of our key changes there is the fact that we start breaking Amtrak down into the business lines, which allows us greater transparency. We call for the preparation of a 5-year plan according to each business line, which will allow us at FRA to be much more aggressive in overseeing their implementation of each of those business lines, and looking for continuous improvement in financial viability. We do have to start the discussion by acknowledging the fact that Amtrak's financial performance last year was the best in its 42-year history and has, in fact, improved each of the last 4 years. But we also have to say that that is not good enough and that we need to continue to drive that continuous improvement in their financial stability and reducing the support on Federal tax dollars. Mr. Denham. In your testimony, you state that reorganizing Amtrak grants structure will not work at the current levels. Amtrak's already putting together business lines. If it is working now, why would that not be something that could work at current levels? Mr. Szabo. We really did our due diligence in putting together the plan to understand what it is really going to take to ensure that safety, efficiency and reliability of each of those business lines, and we absolutely believe that each of those business lines are important to meeting the transportation needs of the traveling public. And to go at any level less than that, particularly, particularly the level that the House came out with would negatively affect safety, it would negatively affect reliability and the efficiency of the network, and would likely increase costs for the States under section 209 as well as increase costs for the commuters under section 212. Mr. Denham. Thank you. I realize, again, we are going to have this ongoing debate on budget, but we have to be able to figure out something in realistic reforms, and that is why I will continue to answer this question about business lines. It is working. Amtrak is working on business lines today under current budget scenarios. We want to take all of the good things that are happening today under the previous PRIIA bill and, regardless of where we end up on this budget debate, make sure we have got a good package to move forward that continues to improve efficiencies and safety throughout. I am out of time. Ms. Brown. Ms. Brown. Thank you, Mr. Chairman. And I want to also thank you for the field trips that we have had. The one that we took up to the Northeast Corridor was extremely educational for everybody on the committee. And one of the things with Sandy, what happened, Mr. Lewis, with the tunnels, what is it that we need to do to make sure that these natural disasters, that we harden those situations? Mr. Lewis. Short of raising the level of the continent---- Ms. Brown. Yes, sir. Mr. Lewis [continuing]. We have--first of all, we have to recognize, as you have, the vulnerability of the existing infrastructure that we have and to be able to address through a series of prioritization of projects, how do we protect that infrastructure and its exposure? I mean, we all recognize, just taking the NEC, Northeast Corridor, for example, the numbers of trips, over 2,000 train trips a day on the corridor, and the numbers of people that are served by that, as well as freight, the value to the Nation's economy of those trips, they are absolutely vital that we protect those interests. So in our planning and prioritization of infrastructure improvements, we need to take into account these more recent risks that we have in front of us. Ms. Brown. Some of my colleagues want to require that the States pay for long-distance service. What is your opinion on that? Mr. Lewis. As I said in my testimony, I think there is a role for all parties. The States certainly have a role to play; the Federal Government is a necessary component of that. The States have stepped up, as they are under 209 and under PRIIA and under 212, for greater investment. We do need to be sure, if the States are going to step up, and all of you know how difficult State budgets are and the challenges in front of many States, and if we are going to go and sell increased investment to our State legislators, we need to be able to show them where that money is going and the value it brings to that State. So I think that is a challenge we have, but I think there is a willingness on the part of the States that we are partners in this challenge. Ms. Brown. Thank you. Mr. Szabo, would you answer that question. And also what is your opinion of the House proposed funding level for Amtrak? Mr. Szabo. No. I find the House proposed level both concerning and a bit perplexing. At a time when passenger rail, when Amtrak is the fastest growing transportation mode in the Nation, as vehicle miles driven by Americans continue to decline, and it has been on a downward trend over the past decade, that we wouldn't be making the investments that are necessary to truly make intercity passenger rail a viable part of a balanced transportation network. And as I said in the answer to my previous question to the Chair, it really is time that we take a look at how we enhance productivity, how we eliminate the cost of congestion, make sure that we allow States to plan out and build transportation that will allow people and goods to use the mode that is most efficient for a journey. And for too long, rail has been, particularly passenger rail, the forgotten mode. Ms. Brown. It is clear that the House is behind the American people, because the ridership is up about, what, 40 percent? Mr. Hamberger, my last question. With respect to the PTC and the spectrum issue, what can Congress do to assist you all, because I understand there are some challenges there? Mr. Hamberger. Thank you for that question. With respect to spectrum, the freight railroads were able to get out quickly and procure enough spectrum. I think the question on spectrum is really more for APTA and Mr. Melaniphy. But while you have raised the FCC, let me just put on your radar an issue that has just bubbled up in May of this year. The Federal Communications Commission has advised us to stop installing any more antennas. We have about 22,000 more radio antennas to install, over 95 percent of which will be located on our right-of-way. The FCC is now requesting that we perform an environmental assessment on each of those 22,000 antennas. We have had some meetings with them. They understand that such reviews might take a few years and add even further to the delay. We are having meetings with them at the commissioner level on down, and we hope, with the good assistance of Mr. Szabo and his staff, to come to a more streamlined solution over at the FCC. If that doesn't happen, we might be back asking for some relief of that. But having taken Mr. Melaniphy's time, let me turn the spectrum issue over to him. Mr. Melaniphy. No. We just--we want to reiterate that spectrum is a critical piece. And this is a safety issue here, and it is very important that the public agencies have access to spectrum. So that we appreciate the opportunity to work with Mr. Hamberger's members on access to spectrum and leasing spectrum where it is available, but it is critical that we have access to that spectrum, and that we are recommending that it be given at no cost to the public sector operators so they can provide this safety service to their members. Ms. Brown. Thank you. Thank you, Mr. Chairman. Mr. Denham. Thank you. Mr. Barletta. Mr. Barletta. Thank you, Mr. Chair. Mr. Szabo, you talked a lot about the underinvestment of the Government, of the Federal Government. I would like to talk about the RRIF program, something that is very interesting to me. Being a former businessman and understanding how important it is to make the capital investments back into the industry, I thought this is a great program. Now, the RRIF program has been on the books since 2000, it has an authorization of $35 billion for investment in rail infrastructure, which we all agree is critical. Yet as I understand it, the Federal Rail Administration has only approved $1.7 billion in loans since 2000. Why is the RRIF program so underutilized when our rail infrastructure needs such investment? Mr. Szabo. Yeah. I think as we start talking through greater specifics for reauthorization, this is an area that we would like to have some additional conversation with the committee on how we do make RRIF more useable for the industry, in particular the short lines. To a great extent over the past decade, through some statutory change, the program has kind of lost its initial focus on trying to make sure that capital dollars are available for these smaller short line railroads that are so capitally starved. And there is no question that short lines have a more difficult time getting through the process to be deemed eligible for a loan. The Class I's can get through. They have got all their financials in order. You know, it is relatively routine process for them. For the mom and pops, it is more of a struggle. So a couple of things that we are doing now as well as one thing that we have proposed in our budget, to help mom and pops get through the RRIF process more expeditiously and to better understand what it is, we started forming some joint partnerships with States. And the State of Ohio, their development commission was actually the first that we were able to partner with to where they take the leadership in becoming the RRIF experts for all of the short lines in the State of Ohio in providing that early upfront guidance to them and helping them through the process much more quickly. Mr. Barletta. What is the average time from start to finish for the loans that you have completed? Mr. Szabo. We are required that once an application is complete, to have it through the process in 90 days, and we meet that goal. The challenge has always been getting all of the information in up front to make that application complete. And so with programs like the one that we have put together in Ohio, we are going to enhance the applicant's ability to have a full application, to understand everything that is needed of them, and get it through the process that much more quickly. But also going back to our budget, you will notice that we talk about the need for grants for freight rail infrastructure improvements, and short lines would clearly be eligible here. What we have found is that so often, there are short lines that are desperate for capital, but they cannot qualify for a loan. And we believe, in these cases, particularly for safety enhancements, bridges, track improvements, that grants would be a more appropriate tool. Mr. Barletta. Deputy Secretary Porcari pledged to improve the RRIF program. What was it that he was trying to accomplish? I mean, he admitted that it needed to be improved. Mr. Szabo. Yep. Mr. Barletta. So I don't put the focus all on the short lines or the rail industry. I think there is a problem in the program in it being administered and I think there is--people have admitted that. So this has been 13 years, $35 billion authorized, but only $1.7 billion actually utilized. What was it that he was trying to accomplish? Mr. Szabo. Actually, what we have accomplished, going out and working with the States now is going to dramatically reduce the time to get a loan through the process and make sure that better information is provided up front, which will allow us to start that 90-day clock sooner and make sure that we continue to hit our 90-day deadline for all of those applications, but I think there are other things that can be done. And, again, as we get into reauthorization, some conversations that we might be able to have on how we might be able to better simplify the process for those mom and pops to get that capital in their hands. Mr. Barletta. Quick question, Mr. Melaniphy. Do you think there have been any improvements to the RRIF program since the deputy secretary pledged to improve it in 2011? Mr. Melaniphy. First I think the key here is that, unlike the TIFIA program, there are no funds appropriated for the credit subsidy of the RRIF loans and each loan applicant must pay the credit subsidy cost to their own loan, and while they can pledge capital against the program, it adds to the cost of the overall project. I think we need to look at how the TIFIA program is structured and look to see if there are ways to align the RRIF program to be more in alignment how the TIFIA program is structured without respect to buying down the risk of the project. Mr. Barletta. Thank you, Mr. Chair. Mr. Denham. Mr. Sires. Mr. Sires. Thank you, Mr. Chairman. And thank the panelists for being here. You know, ridership along the Northeast Corridor is strong, is growing. We obviously face urgent need on investment of the infrastructure. In the past few years, all we seem to talk about is how to privatize this, yet we are performing rather well instead of talking about investments that they need. Can the panelists provide me with their perspective on how privatizing the Northeast Corridor will affect both the cost of riders and the level of service that they will be provided, and whether or not the privatization will affect the kind of long- term investment in infrastructure that the Northeast Corridor will require in the next 20 or 30 years? Can somebody take a shot at that? Mr. Hamberger. You can start. The questions move to the right. Mr. Szabo. We can either start with Mike and finish with me or vice versa. Mr. Lewis. You take it. Mr. Szabo. The most important thing we can do for the future of the Northeast Corridor is to allow the good work of the Northeast Corridor Commission to continue moving forward, as well as making investments that we are proposing in our budget proposal and ensure the certainty, the predictability and reliability of funding to make those necessary state-of- good-repair improvements as well as investing in the corridor for the next generation of service. This is clearly one the best markets in the world, and with the limited resources, some remarkable things have been done. Over the past 15 years, a majority of passengers flew between New York and DC, and since the introduction of the Acela service, that has been completely turned around to where it is pushing close to, I think, 80 percent now that are traveling by train---- Mr. Sires. One---- Mr. Szabo. Yeah. And then just 20 percent that are shared by all of the airlines put together. But when you start talking about what role privatization has, there certainly is likely going to be an opportunity for private capital in the corridor, but I really think that the Commission is the one that needs to be able to determine what is the appropriate role and when that role takes place to ensure the capital comes into the corridor. Mr. Sires. Would you care to speculate how it will affect the price for the customers and investment in infrastructure? Mr. Szabo. Well, we don't advocate the privatization of the service. To go back to what I said, I think there may be the opportunity for private capital into the infrastructure, but ultimately it is about the safe, efficient reliability of the service for the passengers for the costs that they have to pay. And, we believe that the approach that is taken today with appropriate investment is the approach that needs to continue. Mr. Sires. You know, I know the question was raised before about natural disasters. I had a firsthand look at what happened with Sandy. You talk about predictability. There is really no predictability when it comes to, how do you deal with, when you do capital budgets, and then all of a sudden, you get hit with a storm like Sandy, that throws your capital budget all out of whack? Mr. Szabo. Well, I think the biggest thing that we have to ensure moving forward, and this is not just from a rail standpoint, but from all of our infrastructure, is that we are now designing resiliency as well as potential recovery into the design of all transportation projects. In my mind, there is just no question that weather patterns are going to continue to become more and more uncertain and more and more severe, and so we have to have redundancy as well as resiliency built into our transportation network. Mr. Sires. Because I know the ports by me, Port of Newark, obviously, they are looking at the same thing. But, you know, if the ports don't work or they are shut down or you are shut down, you know, 80 percent of the merchandise that comes from those ports is consumer to region, and you can't move it. You know, people--you know, it is just--I don't know how we can be predictable on anything like that. Mr. Szabo. Yeah. One of the first calls that I made after Sandy hit was to Ed Hamberger, just to better understand how we could divert freight and keep freight flowing to those ports that weren't affected and understanding what rail infrastructure had not been harmed and how we try and keep those goods flowing. Mr. Sires. Yeah. The port was shut down for just about a week---- Mr. Szabo. Yeah. Mr. Sires [continuing]. Basically, so no matter how many railroad cars he brings down, you are not going to get--thank you very much. Thank you, Mr. Chairman. Mr. Denham. Thank you. Mr. Webster. Mr. Webster. Thank you, Mr. Chairman, for bringing this panel together. I have a question of Mr. Lewis. You mentioned having a national freight policy. And we can't do earmarks, OK, so that would be the easiest way to do it. So now we can't do that. So does AASHTO have any sort of recommendations how we can maintain the States' flexibility, which we give a lot of flexibility in much of the planning from, you know, highways and other means of transportation? We give you lots of flexibility. And yet with this, if we are going to do something regionally, we might be squeezing down on that flexibility. So my thought is, do you have any recommendations? Mr. Lewis. Sure. Congressman, I think it is a great question. I think, first of all, we can't talk about a national policy unless we are all talking collectively with all modes. And I think the Northeast Corridor Commission that Mr. Szabo talked to, it is a good model; smaller scale, but it is all of the States in the Northeast Corridor getting together, recognizing that working together, each of their interests are being served, that working with the freight railroads, working with USDOT, working with Amtrak, we have a common interest. There are different areas, each one of us have our own concerns, but there is a common interest, and it doesn't work unless we are all working on those common interests. I think on a Federal level, we at AASHTO do espouse greatest flexibility for decisionmaking of transportation of States, but we all recognize that we all work as an overall system. The Interstate Highway System only works because there is connectivity, so that you can take goods that come in from the Port of Long Beach and they can drive across Wyoming and end up in Providence, Rhode Island. That is the system, that is how the system works. We view the freight policy needs to be the same. It needs to incorporate the ports, it needs to incorporate inland waterways, it needs to incorporate the highways and railroad. It is all part of the system, and I think that is what we are supporting. Mr. Webster. OK. So should that be formalized in that, OK, they have--what they have done is somewhat voluntary. Should we formalize that as Federal policy? I mean, we require metropolitan planning organizations to build from a local-up plan. Should we engage ourselves in doing some sort of requirement for regional compacts of some sort---- Mr. Lewis. Requirements, I am not sure. On behalf of AASHTO---- Mr. Webster [continuing]. Versus voluntary. I mean, but voluntary is a little risky. Mr. Lewis. But voluntary, it is--going to the NEC Commission, the Commission is requirement, the outcome is not. We have to voluntarily work together to get a result. I think that there is an opportunity. I think there is a recognition across the country that we need to work as systems, as a system. I think the States recognize that. The States recognize that there is interdependency. And so I am loathe to say I am supporting requirements in that vein, but I wouldn't rule it out if we don't reach success. Mr. Webster. Somebody else want to---- Mr. Szabo. Congressman, if I may add. Again, if you go back and look at our proposal, one of the key things we talk about in there is enhancing regional planning for passenger and freight rail projects, and that, in essence, we would like to see some kind of duplication of the Northeast Corridor Commission in other key regions, understanding that whether we are talking about moving people or goods, in most cases it doesn't stop at the State lines and that it needs to be looked at regionally. Mr. Webster. So do you think, though, that should be a more formal request by us through legislation or is that something that could be done voluntarily? Mr. Szabo. It is kind of hard. I think we have to talk about that a little bit. I think it needs to be strongly encouraged. I am not sure it is appropriate to mandate it. As Director Lewis said, the NEC works---- Mr. Webster. Let me ask you this, what if we funded those that decided to do it? Mr. Szabo. Yeah. And I think those are the parts of the way that you encourage it. Good planning has to be the foundation of everything that we do. And so, yes, to be eligible for funding, having a regional entity that is doing the appropriate planning and coordinating the project I think would be appropriate. Mr. Webster. Thank you very much. Mr. Denham. Mr. Lipinski. Mr. Lipinski. Thank you, Mr. Chairman. I want to start by following up on Mr. Barletta's questions about RRIF because I think RRIF could be of much greater value if we are able to get more of that money out to the railroads. A couple of things I would like to ask Mr. Szabo, do you know how many active formal applications are currently being worked on? Mr. Szabo. I can get you that for the record. [The information follows:] Nine RRIF applications are currently in process. Mr. Lipinski. OK. And you are saying that once everything is in, that it is meeting the 90 days? Mr. Szabo. That is correct. Mr. Lipinski. So I wanted to ask, how much of a role does OMB play here? Does the role of OMB lead to any delays in this process? Mr. Szabo. It is a complex process. I mean, obviously there is the work and due diligence my staff has to do. And then there is a process through OST. And then there is a process with OMB for ultimate approval. And obviously, all of them are trying to ensure that we do not place the Federal taxpayers in a position of any undue risk and to make sure that it is a loan that can reach the determination of repayability, which is statutorily required. And so it is a multiple step process. Mr. Lipinski. Well, I am looking forward to having a discussion about what we can do, especially legislatively here to make the program more functional, get more of that money out the door, more of those loans out the door. And I certainly do like the idea of a grant program, although you know, as we all know, how difficult that is these days. Mr. Szabo. And what, Congressman, I would offer is that in some of these cases, we see these apps come in from some of these small railroads, and they desperately need the money, and yet they can't qualify for the loan. So if we don't find them way to get them capital, we run the risk of losing that service. Mr. Lipinski. I would 100 percent agree with you on that. It is something that we need to be working on further. I want to move on to Mr. Hamberger. We were sitting here less than 24 hours ago in these same places. At that point, you were testifying for the Panel on 21st-Century Freight Transportation. And we talked about at the time the CREATE program in northeast Illinois and how important it is to the freight network of the country. I am not sure how many times we have sat in these seats and have talked about CREATE. But I am very happy that CREATE has been moving forward, although not as quickly as any of us would like to see. But $1.2 billion has been committed to the program that contains about 70 projects. What I have been more concerned about, recently, the bigger projects are not getting done. And these are projects that really impact two of the things that we are talking about here, passenger rail and safety. The rail flyovers are--you know, one of them, Englewood flyover, has received funding. It is in the process of construction now. So rail flyovers really help for passenger rail, especially freight also. But I want to focus more on a safety aspect, which is the highway-rail grade separations. We have made tremendous progress on the rail corridor but only two of the 25 grade separations are complete. There are three or four others that have the funding, but that is not too far along with the 25. So I want to ask, because these are important for safety, obviously, how high of a priority are these projects for the railroads? And how do we move better, more quickly in getting these projects done? Mr. Hamberger. I am not sure I have an answer to the second part. The first part is a very high priority. We have committed in a letter from me to Illinois DOT Secretary Ann Schneider additional funding for all of the grade crossings consistent with State and Federal law that are part of CREATE. We have also committed additional money for the 75th Street CIP. So we see these as high priorities. We want to continue to work with the city and the State. And I go back to Mr. Webster's question about planning. This is a very great example of voluntary planning among a variety of parties--the Federal Government, the State, the city of Chicago, and the private sector. So it is working on a voluntary basis. Mr. Lipinski. Well, I would just like to add, I appreciate that, but I would certainly like to see my constituents and the people--the area would like to see more committed to those grade separations, and we can continue to talk about that. Mr. Hamberger. Well, as you know, Congressman, all of those projects have been put on a chart and are planned in cooperative fashion with Secretary Schneider and her staff, the Commissioner of Chicago, and the freight railroads and Amtrak and Metra. So we appreciate knowing you are there. Mr. Denham. Mr. Williams. Mr. Williams. Yes. Thank you, Mr. Chairman. I wanted to thank all of you for being here today. You represent a great industry and one where, in my house, we still run Lionel trains for 60 years. And also, Mr. Tolman, I appreciate your comment about jobs. I am from the private sector. I am from Texas. And I am all about jobs and business. So thank you for those comments. What I would like to ask--I guess Mr. Hamberger touched on it earlier--Mr. Szabo, and we talked about, in 2008, Congress enacted the posit train control mandate, which it is an unfunded mandate that makes freight railroads and passenger railroads comply, such as that in my district, Austin's Capital Metro system. It sounds to me, from what I have heard and seen, that nobody but possibly BNSF will achieve implementation of this on an on-time basis. And in Austin, the commuter rail system was started entirely with private funding just a few years ago. And the cost to deploy this technology is going to be about one-third of the cost to build the entire line. So my concerns are that unfunded mandates discourage both private and local infrastructure investment. And I understand there has been efforts to delay the implementation. We have heard about this today from some of the others, up to 2018. And my question is, would you support that? And is it realistic? Is 2018 a realistic date? Mr. Szabo. Our goal is to ensure that PTC is implemented as timely as possible while understanding the complexities of that timely implementation. The report that we provided to Congress last year clearly indicates that the industry will achieve partial deployment by the congressionally mandated deadline of December 2015. But that full deployment is virtually impossible for most of the carriers. The approach that FRA recommended in our report to you-- ultimately this decision belongs to Congress--but we think that there has to be a balance between ensuring that due diligence is maintained to implement as timely as possible while also recognizing those very real technological and programmatic challenges that most carriers are facing. That is why we recommend, rather than a blanket extension, that you grant to us authority to work with each carrier to amend their implementation plan. So, on a case-by-case basis, we can understand both the due diligence that that particular railroad has made in their good-faith effort as well as the legitimacy of all of those challenges that are out there, and then customize an implementation plan for each railroad. Mr. Williams. All right. I guess the next question I have will be to you, Mr. Hamberger. You talked about safety concerns with attempting on the implementation of PTC by 2015. On the safety concerns, is 2018 achievable? Does that give us enough time? Mr. Hamberger. We believe, by 2018, we will be substantially--85 to 90 percent implemented. We say that with a 70-percent degree of confidence because there are still some unknowns. The major challenge right now is the back office software which will allow the dispatch centers of each of the railroads to talk to everybody else's dispatch center and everybody else's locomotive, as locomotives traverse over other rails. We have to make sure that we are interoperable with all APTA members, with Amtrak. And that back office software has not yet been delivered. We hope to see it some time this summer, test it in the labs, and then get it out on the road for testing hopefully by the end of this year. You may find this hard to believe, but not all software that is first written is 100 percent reliable. So we are concerned--and I would draw your attention to the GAO, which submitted testimony to the Senate Commerce Committee last week. They drew the Senate Commerce Committee's attention to the fact that we are striving so much to meet that 2015 deadline that they are concerned that some of this may be deployed without adequate testing. They believe that could be a safety issue. We think that, unlike the Administrator, there needs to be some certainty; there needs to be an extension of the deadline by at least 3 years; and in that regard, we also believe that there needs to be some regulatory forbearance until the entire system is certified as up and safe. Mr. Williams. Thank you for your testimony. I yield back. Mr. Denham. Mrs. Napolitano. Mrs. Napolitano. Thank you, Mr. Chair. Mr. Szabo, in the 2008 rail safety bill, there was a requirement that the 10 States with the most grade crossing accidents develop and submit their 2-year department or agency action plans for reducing the accidents. Do we have a status of that? And how is your agency monitoring the implementation of the plans? Mr. Szabo. We will give you a full status report for the record. But let me say this, we continue to execute that. We think it is very important. Some of the States have had their plans submitted and approved. Others have submitted and were still working with them on approval. But if you take a look at the safety risk that is out there, while we have seen continuous improvement in the rail industry over the past decade, a better than 40-percent reduction in accidents and injuries for the industry as a whole, grade crossing safety and pedestrian safety continues to be a vexing challenge. There have been improvements, but we have got a lot more work to do. Mrs. Napolitano. And I understand. But certainly we would like to see what States are supporting. And I would like for this committee to get a copy of those replies from the States and what States are moving up the line to get it implemented. Mr. Szabo. We will get you a full and complete status report on that for the record. Mrs. Napolitano. Mr. Chairman, for the record, a copy of the action plan of the 2008 requirements, the report for the States that have the highest accident rates to this committee and what is happening with the action plan. And he has that. Mr. Denham. We would ask that that be submitted for the record. Mr. Szabo. Yes, Mr. Chair. [The information follows:] Nine of ten States have completed action plans for grade crossing safety. Alabama is in the process of completing their plan, in conjunction with our staff. Mrs. Napolitano. Thank you, sir. And then there is an issue of the safety. As you know, we have had the Alameda Corridor-East through my former district that has--well, 54 grade crossings and only about 20 have been separated or half of them are separated. One of my cities requested the quiet zone at a great expense. Other communities are looking at that and are wanting it implemented, but they cannot bear the cost. Do we have any idea of how we are going to be able to help those communities be able to protect the residents? And partly, some of them are concerned with the rail horns going right through. As you know, California is separated by streets, the cities, so that some of these rail crossings go right through either commercial, industrial, city halls, et cetera. And then some of the communities who have some of those safety concerns are worried about their children if the quiet zone is established, and they don't have a warning for crossing pedestrians. Mr. Szabo. Yes, Congresswoman. Let me start by saying I understand this firsthand. As the former mayor of a community that had five railroads slicing through it, including two major freight rail yards---- Mrs. Napolitano. Downtown. Mr. Szabo [continuing]. Through the entire community. So if you take a look at what we have proposed in our budget submission, we explicitly set aside a pot of money for what we call community mitigation. Mrs. Napolitano. Right. And that includes some of the raising of the medians and it includes quad gates and all of that. Mr. Szabo. Absolutely. Absolutely. So it would help communities construct their quiet zones. More importantly, it would really help with the sealing of corridors. The safest grade crossing is one that doesn't exist at all. So how do we work with communities to better design the closing of crossings with the strategic placement of overpasses and underpasses that are going to enhance rail safety, vehicle safety, and pedestrian safety. Mrs. Napolitano. How should we address this issue in the next railroad safety bill then? Mr. Szabo. I am sorry? Mrs. Napolitano. How should we address this in our next railroad safety bill? Mr. Szabo. Approve our budget proposal. Mrs. Napolitano. Which includes the funding? Mr. Szabo. Yes, ma'am. Mrs. Napolitano. Is there any chance to be able consider helping communities that cannot afford quad gates or---- Mr. Szabo. This would be a pot of money that they would be eligible to apply for under competitive grants. So it is all about the public benefits that would be achieved and the safety that would be advanced. Mrs. Napolitano. OK. Then the other question, California has three of the top five busiest State-supported service roads in the country, the Surfliner, the Capitol Corridor, and the San Joaquin Corridor. And section 209 requires the State to pay for the losses. Although California and other States don't like the provision, they have accepted it. But a letter from Amtrak recently--and as far back as April--indicated that they would have to pay more, $40 million to be exact. Do you see this new guidance as a problem to discontinue State-supported passenger service routes? And what is the assessment, and concerns, and a resolution? Mr. Szabo. We need to make sure that the States and Amtrak end up in a good place, that there is full transparency of the numbers, a clear understanding of the services that the States are purchasing. And that is why we have now taken leadership to help mediate those discussions between the States and Amtrak. In fact, we were with David Kutrosky, who runs one of your operations up in California, this week. The feedback David gave to me was actually very positive on the progress he believes that is being made. But there are issues that we have to help the parties work through. Mrs. Napolitano. Thank you, Mr. Chair. Mr. Denham. Thank you. Dr. Bucshon. Dr. Bucshon. Thank you, Mr. Chairman. First of all, I am going to comment on the overall Federal budget. Again, we are at a hearing talking about discretionary spending being pinched. And the elephant in the room is that this Congress, this Government is not addressing the entire pie of Federal spending. We all know it. And as our mandatory spending continues to drive our national debt, we are going to continue to see discretionary spending programs tightened to the point where we have issues like we are talking about today. I wanted to make that clear. Mr. Hamberger, so I was interested in your comments about your tower construction. On one hand, the Government, the Congress has mandated PTC, but then you made a comment about how, on the other hand, an agency of Government has stopped tower construction. That is going to significantly slow the process, is it not? Mr. Hamberger. We have determined and have advised the FCC that if we can get this worked out here in 2013, we think it will not slow us down any further. But some of these approvals and environmental assessments in the past have taken 2 or 3 years just for one tower. There are resource issues at the FCC. We are hitting them with 22,000 applications. So we are looking and working with them, again with the support of DOT and FRA, to try to come up with some way to handle them in a more batched group, if you will. And what we are trying to get across is that for those that are on our rights of way--and that is about 95 percent; these are just poles going up on our rights of way--maybe there should be some sort of a categorical exclusion for those. We have not yet gotten buy-in on that but we are working on it. Dr. Bucshon. Do you have any idea why the FCC--is this something new? I mean, they all of a sudden came out and said, we need this review and---- Mr. Hamberger. No. They have regulations in place which we, over the years, have been abiding by in a more informal fashion. That is to say, the railroad would go out, hire a consultant, who would come back and say, there are some issues here that you need to deal with. The major challenge is the State Historical Preservation Office and Native American tribes. If there are issues that need to be brought to those entities, we go to them and work through possible mitigation measures. With this big program, the FCC seems to think that maybe there should be a more formal role for them which will, again, we think slow things down. They understand the issue. They are working with us. But I did want to get this on your radar in case we need to come back to you for assistance. Dr. Bucshon. Well, I mean, this is only just my opinion. I mean, it may go along with the major speech that the President gave and the overall view I think of these issues as it relates to this current administration. The other question I have for you is--I mean, it is very important to have the interaction between Amtrak and the infrastructure of your members. The Amtrak on-time train situation and how if there are issues related to that, how that works and how that gets resolved in general. Mr. Hamberger. In the past, the individual freight host railroads and Amtrak negotiated contracts that included both penalties and incentives for on-time performance. And the major focus is freight train interference in achieving on-time performance. There are a lot of reasons an Amtrak train may not be on time. And Mr. Sires talked eloquently about scheduling a railroad when you have Hurricane Sandy coming your way. There are a lot of issues, including Amtrak's own locomotives perhaps not performing up to standard. There are a lot of reasons for on-time performance not to be at 100 percent. Our focus is on delays caused by freight train interference. So we have negotiated--I say ``we''--the individual railroads--have negotiated contracts with Amtrak. We think that is the way it should be. Under the 2008 PRIIA Act, Congress dictated that there should be a role for Government to mandate an 85-percent on-time performance, that the FRA and Amtrak should promulgate such regulations, and that the STB should enforce them. We have challenged the constitutionality of the regulations put out by Amtrak and FRA. That litigation was heard earlier this year and we expect a decision on that case very soon. Should we not win that litigation, we will probably be back here asking you to change that legislation to, again, put it back in the category of bilateral discussions between Amtrak and the freight railroads. We think that is a much better way to go. One of the big issues we have is, what is the database for determining the cause of the Amtrak delay? Right now, it depends upon conductor delay reports. The conductor is back with the passengers punching tickets. It is hard for he or she to know exactly the cause for a delay. Mr. Denham. Thank you, Mr. Hamberger. Mr. Cummings. Mr. Cummings. Mr. Tolman, you have referenced several safety features and procedures in your testimony that were once under fire because of costs and political considerations. Now that we are living under sequestration, are there any policies or safety measures that you feel are particularly at risk of this particular of indiscriminate cost-cutting? Mr. Tolman. Off the top of my head, nothing in particular. But I would like to comment--everybody has been speaking about PTC. I have a lot of heartburn with PTC being pushed back 3 more years after a 7-year process from 2008 to present not to implement PTC. And now they want to go into a 10-year--you know, an additional 3 years when we all know that the National Transportation Safety Board recommended PTC to be implemented as early as the late 1970s. I mean, come on, we knew this was coming. We need to respond in a more practical manner to address the safety issues. It is very troubling for our members to, once again, not to see this being implemented. And the big, big question that I have: Amtrak has been sorely underfunded for so many years, yet they have had to form a PTC in the Northeast Corridor since 1996. It behooves us to figure this one out. And the other one is, why can one Class I railroad implement PTC by the 2015 deadline and the rest of the freight railroads can't? And where are they in the process? It troubles me, Congressman. Thank you for the question. Mr. Cummings. Thank you. Mr. Szabo, we all know that the American rail industry was once a world leader in innovation and efficiency. Clearly, our claim on that title has been lost as a result of decades of failure to invest in essential rail infrastructure. In terms of planning for the reauthorization of PRIIA, what role should the Federal Government play in bringing us back to the forefront of this industry? And what can this committee do to support those goals? Mr. Szabo. I think if you take a look at our budget proposal, you will see there is a very heavy element in there for research and development. And our goal is to once again make ourselves the world leader in exporting both intellectual property and talent as well as actual rail supply goods. As we take a look at the role we believe rail has to play in meeting our Nation's transportation challenges, we know we need to grow this expertise just to achieve that here at home. But again, we want to be a world leader. And, Congressman, if I may, I do want to come back and talk about on-time performance just for a second. I think it is very important to note that since PRIIA in 2008 and the statute that required the establishment of those metrics and standards, that on-time performance has improved each year. And this past year was the best that it ever has been. As an old conductor, I know that the conductor has full knowledge of what is going on with his train. You have got the radio in your ear. You are hearing all transmissions from the dispatcher. You know what is going out there on that railroad. Certainly, there may be the opportunity to improve data. We think that is an important goal and, in fact, are working with the industry as well as Washington State on a pilot project to do that. Our goal is to make sure that this is not about placing blame but is about doing good root cause analysis to understand whatever is causing a particular delay and then coming up with fixes. Mr. Cummings. And last question, Mr. Szabo. Can you comment on the status of the national rail plan? And can you specifically address how uncertainty in funding for rail may impede the development of the national rail plan? Mr. Szabo. We continue to provide a series of rail planning documents kind of working off a list that holistically taken together would generate a national rail plan. And I think it is important to note that it is not one document. It is never going to be one document. It will continue to be a series of documents that will continue to evolve as our Nation's transportation needs also evolve. Mr. Cummings. Thank you very much. I yield back. Mr. Denham. Mr. Hanna. Mr. Hanna. Mr. Szabo, it is not hard to imagine that you can approve things in 90 days when something--when actually the clock almost never starts ticking because it is so difficult to get to that 90-day point. And it is easy to understand that grants are easier than loans that are backed by security. It is easy to give money away. And I am sure there are plenty of people who will take it. But as a practical matter, these are private companies that arguably supply a public good. And in this environment, it is going to be increasingly difficult to justify an out and out grant, even though it is nice to talk about. And the fact that these companies have to pay such enormous amounts of money relative to their cash flow and their worth to get to these loans, I mean, you know so much more about this than any of us because you have dealt with it directly. What are those things that cause the RRIF loan not to be used? Why would you expect someone to pay a lot of upfront money for a loan that may never happen? And why not clean up that process rather than do anything else first? Because it sounds like, you know, we have got money to loan, but we have made a process that is a catch- 22. So, with all due respect, what would you do if you were that bank? Mr. Szabo. Yeah. I think we need to really do all of the above. As I said before, there are certain short lines that provide important service but are never going to be able to qualify for a loan. So in those cases where there are clear public benefits, I do believe the grants are important. The second thing that we can do--and we are doing now--is to help applicants better understand up front what is going to be required of them so we can make sure we have that complete application much more quickly and get them through the process that much more quickly. But third, I think as we get into reauthorization, we do have to have a conversation on those things statutorily that we might be able to do to help in particular the small railroads, the short lines get through the process. I know Mr. Melaniphy from APTA had some suggestions talking about some of the ways that TIFIA works, and perhaps we need to explore some of the approaches in TIFIA and see if it may apply to RRIF, particularly if we are talking about small loans. The big boys can get through the process. The Class I's can get through. We put Kansas City Southern through on a loan in record time. But they are the ones that less need the program. They have other financing options that work for them. The challenge really is meeting the needs of the small Class II's and Class III's. Mr. Hanna. So, just directly then, is it in any way realistic this whole RRIF program? And is there anything about it that is workable in the real world? And is it in any way practical to charge somebody hundreds of thousands of dollars potentially for a loan they may never see? Mr. Szabo. There are those that have used the program and used it well and gotten through the process in a timely manner. I am talking about Class II's now. A couple of railroads up in Iowa that have used the program several times. Again, they understand what the process is, what it takes to get through it, and they have been able to use it successfully. They are happy borrowers, and they come back. So I think part of our goal is to make sure that we can get all the mom and pops to that place, so at least if they qualify for a loan, they can expeditiously get through the process. Mr. Hanna. What are the creditworthiness standards that you use? Because it sounds like most of these companies are not capable of doing this without this type of law. So isn't that also a catch-22? What have you seen in---- Mr. Szabo. It is a challenge. But certainly you expect me-- you expect me to make sure that when I make a loan that there is the statutorily required finding of repayability. And the last thing I want to do is be the Administrator sitting here in front of this committee talking about defaults. So we have to balance every day on these loans trying to get capital to the railroads that need them while also protecting the taxpayers of America. Mr. Hanna. So that basically we have established a system of loans that doesn't work to a bureaucracy that has a responsibility that, by meeting it, it almost guarantees that the system fails. Is it fair to say then that a lot of these smaller railroads are just never going to be viable in the sense that they meet these loans, but yet we need to have a bigger conversation about the overall public good of what they do to decide whether or not we are---- Mr. Szabo. No. I think the record shows that there are several short line railroads that can and do, in fact, use this program, use it successfully, and are very, very pleased with the results. Now, certainly, there is another pool that have challenges. So we need to take a look at how we help them with all of those challenges. I believe that there are many more short lines that we can help successfully get through the program in a timely manner. But there are also those that we have identified that are never going to achieve that repayability requirement. And so if the service is deemed to have sufficient public benefits, grants are appropriate. Mr. Hanna. Thank you. Mr. Denham. Ms. Titus. Ms. Titus. Thank you, Mr. Chairman. I would like to just shift gears a little bit and address this question to Mr. Hamberger, since you do freight rail, but also, Mr. Lewis, your insight into this I am sure would be valuable. We are hearing a lot about inland ports and how they are opening up opportunities for economic development by bringing all modes of transportation together. I think it worked well in Dallas. Well, I represent Las Vegas. And that seems to me an area that has potential for developing into an inland port. We have the six busiest airports in the country and a lot of people in seats coming for tourism. But there is a lot of space to haul other things underneath as well. I-11 has been designated as an interstate highway. We have got to get it funded, but that is moving forward with cooperation from Arizona. So I wonder how you see this development of inland ports fitting in kind of with the future of railroads, what benefits you see might be coming for railroads as well as for communities, and what we might be able to do to kind of facilitate that process? Mr. Lewis. Congresswoman, let me take a first stab at that. I think that one of the things that a discussion around a national freight policy is going to reveal, the opportunities for inland ports and others. Where does it make the most sense to use the infrastructure that we have and that we can enhance in a most cost-effective way so that we are not overly relying on one system, one mode over another? But I think that provides a dialogue at a national level among all modes to be able to decide where it makes sense and where it doesn't because we all know how scarce the resources are and are going to be. We need to put it where it makes most sense. Ms. Titus. What can we be doing now to move that process forward? Mr. Lewis. Well, I think first is to engage all of us with the national freight dialogue. And I think we just had a meeting of the Secretary's committee this week just to kick it off. And I think that is a great opportunity along with the work that the committee does as well. So I think that is a venue to begin that dialogue. Mr. Hamberger. I would agree with that. I am not sure I understand in my own mind the intricacies of what an inland port designation means. But if I could expand it to just address, for example, intermodal yards. One of the things that we discussed yesterday in Mr. Duncan's committee is the length of time it takes to get through the environmental regulatory process. And I think you are aware of the 8-year travails of one of our members in trying to get a near-dock intermodal yard in southern California. It has been 8 years and $50 million in legal and environmental studies. And they are now in court for probably another couple years. That is a pretty egregious example. But that kind of thing happens around the country as you try to put in an intermodal yard which takes advantage of each mode's strengths. So that kind of streamlining of environmental permitting that occurred in MAP-21, we would like to see continued in the next rail bill as well. Ms. Titus. Well, we are anticipating an expansion on the Panama Canal, more goods coming in from Asia. The ports in California are getting filled up. They are going to need someplace to go kind of as a starting point, and Las Vegas would be well suited for that. Mr. Szabo, would you---- Mr. Szabo. If you go back and take a look at our budget submission, part of what we are talking about there is community mitigation. And it is helping the railroads and the communities have the tools that they need. You know, as freight rail's role grows, as we try to site these intermodal centers that there are dollars that can be provided to mitigate the negative impacts, whether it is noise, whether it is traffic flow, allow for the construction of overpasses, underpasses and you know those things that would just allow the intermodal centers to live in harmony with the community. Ms. Titus. Thank you, Mr. Chairman. Mr. Denham. Thank you. Mr. Mica. Mr. Mica. Well, thank you, Mr. Chairman. And a couple of questions. Starting out with Mr. Szabo, as we rewrite PRIIA, we had some provisions in there for developing high-speed rail that need to be updated. I had an opportunity to work in authoring that. One of the things that I am interested in is opening competition for passenger rail. Do you favor that? Mr. Szabo. I think the key is, for the public or for the private sector to take a look at investing, there needs to be certainty. Obviously the private sector is motivated by profit motivation and that is fair. It makes our---- Mr. Mica. You don't have a problem with opening---- Mr. Szabo. We believe that there are absolutely opportunities for privatized operations. Mr. Mica [continuing]. Long distance, high speed? Mr. Szabo. Not necessarily for long distance, sir. No. I think that is a whole different animal. Mr. Mica. It is not an animal. It is a dog, and it is costing us lots of money. You are aware of the increasing losses. Every one of the three major long-distance service routes increased their loss from the last recorded year to the previous recorded year, you are aware of all of those increased losses in long-distance service? Mr. Szabo. I am aware of the fact that Amtrak's financials are the strongest that they have ever been last year. Mr. Mica. It has nothing to do with long-distance service. And we are still dumping a billion and a half dollars into it. And through the Disney Fantasyland map, they will tell you that they are making money maybe on the Northeast Corridor. The best returns are on the State partnerships. Is that not correct? Mr. Szabo. Those returns are on the Northeast Corridor. The best returns are on the Northeast Corridor followed by State corridor service. Mr. Mica. The Northeast Corridor is a joke in the world of international high-speed rail service. You are aware of the speed from here to New York City, the average speed of Acela? Mr. Szabo. I am aware of how our project is continuing to improve that speed and reliability. Mr. Mica. Eighty-three miles an hour is a dog. And then from New York City to Boston, you are aware of the speed, is it not 68 miles an hour on average? Mr. Szabo. I am aware of how our projects continue to improve the speed and reliability of service. Mr. Mica. Even I think by our statute, I think we define around 110 miles an hour. The world is about 120. But most high-speed trains an are going 140 to 150 miles an hour, average speed; is that correct? Mr. Szabo. Yeah, 186 miles per hour is pretty much the international standard. But our good work through the NEC---- Mr. Mica. Most of the trains travelling in Europe and the trains that are built today in Asia are going 140 miles an hour on average on the major routes, 120 to 140. I will even give you that. It is 68 miles an hour. We don't even begin to realize the potential of it. So, please, don't tell me that the Northeast Corridor is a success. And again, most of the capital money we are dumping into it. The only track that we own, really the only substantial track that we own is the Northeast Corridor. And I just was made aware of your return on nonrail revenue is about $100 million a year, is that right, for the Northeast Corridor? The right of way using the return---- Mr. Szabo. Are you talking about Amtrak's return? Mr. Mica. Yes. Mr. Szabo. We will provide you an answer for the record. Mr. Mica. I will tell you, it is about $100 million. I was told by the private sector that they could get a 10 to 12 times better return if you could give that up. So, in our national policy, we should be looking at turning some of that over to the private sector. How many RRIF loans have been given so far--well, we will say last year? Mr. Szabo. We will provide it for the record, Congressman. Mr. Mica. Half a dozen? A dozen? Mr. Szabo. We will provide it for the record. Mr. Mica. How many RRIF--the joke was, there have been more FRA Administrators at one point than there were RRIF loans. Mr. Szabo. No. That is far from the truth. I am number 12. And there have certainly been a lot more RRIF loans than that. I would say the number is close to 40. [The information follows:] Thirty-three RRIF loans have been given in the history of the program. Two were given in 2012. Nine RRIF applications are currently in process. Amtrak has told FRA that its nonrail revenue in FY 2013 was $584.4 million. Mr. Mica. RRIF, which we tried to do in the transportation bill with the rail section. And that needs to be done. Obviously--Mr. Hamberger, your folks aren't interested so much, and they just want the Government basically out of their business, has been my take in talking to your executives. The big lines don't necessarily use RRIF. And the small lines I heard you give some grants to because they don't qualify. Mr. Hamberger. I believe KCS is the only Class I that I am aware of that has a RRIF loan. Mr. Mica. Well, we need to look at that in the future. Are we going to go a second round? I am ready. Mr. Denham. Absolutely. Thank you. Mr. Szabo, going back to the PTC discussion, Ms. Brown and I have been going back and forth on our discussions on what we feel is a suitable extension or philosophy thereof. But you bring up a new point on a case-by-case basis. Certainly, Ms. Brown and I, after traveling the United States, we have been putting together a pretty good idea of some of the challenges with PTC. I think we would like the authority to do it on a case-by-case basis. Is that something FRA would support, giving this panel the authority to do that on a case-by-case basis? Mr. Szabo. This panel? You know, Congressman, I would question the wisdom of allowing it to become a political decision. I believe that it is best vested with those safety experts that clearly can understand---- Mr. Denham. So the Administration wouldn't look at issues like this from a political standpoint? Mr. Szabo. Oh, no. Absolutely not. This is about understanding the due diligence, the legitimacy of the effort that has been made to date while also taking a look at those complexities, those very real challenges that are out there working together with the carrier to come up with an implementation plan. It is a document that is already out there. So it is just a matter of amending the implementation plans that exist today. Mr. Denham. On a case-by-case basis, FRA would like to have that authority to be able to pick winners and losers out there within freight railroads or even with different metro or commuter rails. Mr. Szabo. It certainly isn't about winners or losers. It is about ensuring--no. It is about ensuring public safety. Mr. Denham. Well, there are some that are closer to completion than others. Mr. Szabo. That is correct. Mr. Denham. But those that are closer to completion, if they implement in 2015 or 2016 and others are allowed to do it in 2018 or 2019, there is certainly a competitive advantage or disadvantage depending on what side of the issue you are on. So rather than going to a blanket extension in a bipartisan way, if we gave that authority to FRA to pick on a case-by-case of basis, you would then be picking winners and losers, would you not? Mr. Szabo. No. We would be assessing very real facts. And those facts would be---- Mr. Denham. It is a real fact though that if one freight rail--we will use freight as an example--if one freight rail is able to take the burden of extra cost early and every other freight rail is then able to do it with a 3-year, 4-year, 5- year extension, whatever FRA decides is fair, I guess, you would be picking winners and losers. Mr. Szabo. We would be assessing the facts. And nobody gets a free ride out of this. In fact, what we are talking about is ensuring full accountability. And to make sure that good-faith effort is being met and then assessing the legitimacy of the challenges that are out there, and many of them are real. And they are actually somewhat different from property to property. So this really allows us to make sure it is implemented as timely as possible to start achieving those safety benefits for the public as soon as is practical. Mr. Denham. So if you had a freight rail that was ready to implement quicker than the rest of the industry, would they reap some type of benefit under your case-by-case scenario? Mr. Szabo. Well, they certainly get the safety benefits much more quickly, but then the questions that we would have to comfortably have answered through the amendment process would be the legitimacy of the effort of the other carriers to date and making sure that it is well documented, it is clearly understood, and that there is no free ride for anybody. The challenge, Congressman--listen, ultimately, we execute whatever you legislate. But the challenge to a blanket extension is, are we going to be sitting here 3 years from now facing the same challenge that the people feel they got a little bit you know of a breather here and so the intensity of the effort lets up? That is the risk. And so there is a lot to balance here. Mr. Denham. If FRA was put in charge of PTC, what would happen on the other side of the spectrum for some of the commuter rails that would not be prepared to enter into something like this? We were just in Chicago, for example. Now Chicago is having its own challenges financially with furloughs. And this may not be an area that they are prepared-- I am not trying to speak for them--but may not be prepared on their highest priority level to fund this huge expense. Do you fund it for them? Do you bail them out? Do you shut them down? What would be your future outlook on a case-by-case basis? Mr. Szabo. Two things. Shame on anybody if it hasn't been their highest priority since the deadline that the Congress has established has been very, very clear, since PRIIA was established in 2008. So it has been very, very clear to everybody that the deadline is December 31, 2018. Mr. Denham. So if somebody doesn't have the money, if they don't have it as a priority, if they are looking at their city or county or a State in a bankruptcy-type issue, do you shut them down? Mr. Szabo. First off, if you take a look at our budget submission, we are willing to help fund the cost of PTC implementation for the commuter railroads as well as Amtrak. We believe that there are sufficient public safety benefits to warrant public funding. Mr. Denham. Not freight rail. Not the private. Mr. Szabo. Not private sector. That is correct. That is correct. Obviously, if there is a case where somebody is failing to meet the deadline, we have to do due diligence to determine the facts. And based on those facts, it allows us to determine whether we use discretionary enforcement or whether we have to take an enforcement action. But the facts lead us there. Mr. Denham. Thank you. This is an important topic I am going to come back to. I know you have got quite a bit to add to this, Mr. Hamberger. But let me recognize Mr. Mica first for a second round. Mr. Mica. Thank you, Mr. Chairman. OK. Let's go back. Mr. Hamberger, how fast does the average freight train travel in the United States? I heard it was only 20-some miles or something. Mr. Hamberger. That is what we have on the Web site. The way that it is calculated, it includes movements through terminals as well. But over the line, the maximum speed on a Class V track is 79 miles an hour. Mr. Mica. Yeah. But the average speed of most freight is pretty slow because it goes through urban corridors. Most of those corridors were developed some time ago. One of the smartest things Florida ever did was some rail relocation. I think the PRIIA bill should have--well, first of all to get more vehicles and also trucks--trucks do the most damage to our highways--off the road and onto rail, that makes sense for us as an investment, it makes sense for moving heavy commodities, whatever it is or items. But the rail relocation in Florida is the kind of model that we need to do. Get the freight rail out of the urban corridor. So, Mr. Chairman Denham and others, I think a major rail relocation effort is going to be something I would like to see us push. And that can be done. It was done so wisely. We are using now that urban corridor. It is going to be converted to passenger, primarily. And the speed I am told will double or triple. It will take more trucks off of Interstate 95, Interstate 75 and Interstate 4 in the next 50 years and probably save us money and, again, reshuffle the deck as far as transportation. Has anyone talked about that today? Mr. Hamberger. No, sir. You are the first. Mr. Mica. OK. Well, I am talking about it. I want to see your proposals from your association on how we do that and how that is done. We need to get you out of those urban corridors where it makes sense and re-use those. So that is one thing. Mr. Szabo is living in another era. Again, staff--where is the staff? I want them to distribute. Come on. Don't take your time. I have a limited amount of time. These are the top three money-losing routes or long- distance routes. They all lost more money year to year. It is getting worse than rather than better. And you told me you wouldn't want to put that up for private competition; is that right? Mr. Szabo. First off, Congressman, if I may, take a look at our budget proposal. We are in fact proposing dollars for rail line relocation. We agree with you that it is an important priority. Under our proposal and by breaking it down into business lines, we believe that through the preparation of 5-year plans and our aggressive monitoring of these 5-year plans that---- Mr. Mica. Long-distance service, when you put it up---- Mr. Szabo [continuing]. We continue to achieve efficiencies for long-distance service. Mr. Mica. It is getting worse. And I just got news of the chef conclaves that they are holding, preparing gourmet meals. Mr. Szabo. The volunteers? You are talking about the volunteers? Mr. Mica. They are volunteers. But it still adds costs, and I am trying to get that. We will investigate that on my other subcommittee. Very soon, you will see that. But I am telling you that the losses are getting worse rather than better. Even in addition to the top three long distance, Auto Train is $122 a passenger loss, and that has increased. That is in my district. That has got to stop. That actually was run as a private sector money-making proposition. I talked to the guy that set it up. They had two crashes. And liability killed them, and that is when you took it over. But it needs to go back to the private sector. I would like to see a recommendation from you as to how we can help with liability for passenger service so that---- And he shook his head, the record will reflect, in a positive manner. So here for the record, too, Mr. Chairman, I submit all these money losers, including the one to my Auto Train to my route. [The information follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Mica. I guess tax credits would be one of the things that could help you the most for investment, Mr. Hamberger and your folks. Mr. Hamberger. At one point, as you know, Chairman Mica, we were pushing that very aggressively. More recently, it appears both in the administration and in Congress that there is a desire to broaden the base and lower the rate. So we have signed on to the concept of broadening the base and lowering the rate. We are one of the highest effective taxpaying industries in the country. Mr. Mica. But that would help you---- Mr. Hamberger. We believe that lower rates would be very helpful. Mr. Mica [continuing]. Not need to rely on Government programs. Mr. Hamberger. Yes, sir. Mr. Mica. Last, Mr. Tolman, you represent the hard workers--and there are a great many people who are employed in Amtrak and freight rail. It is my understanding that people at Amtrak, there are many positions for which they are paid less, their benefits are less than the private sector. Do you represent both? And is that the truth, the whole truth, and nothing but the truth? Mr. Tolman. There is a variety of different wages throughout the industry. Mr. Mica. But the brothers and sisters in passenger rail under Amtrak, I am told, in many instances are paid less for comparable positions in freight rail. Mr. Tolman. In some freight railroads, yes, that is absolutely true. In some areas, that is untrue. Mr. Mica. That is unfair to them. And we privatized freight rail way back in 1970 when we started to do something with Amtrak. And we have left it to a monopoly that is a Soviet- style train operation. And it is a national joke and disgrace. It costs the taxpayers a fortune, which has to stop. Thank you, Mr. Chairman. I will yield back the balance of my time. Mr. Denham. Mr. Hamberger, back on PTC. Mr. Hamberger. Thank you, Mr. Chair. Mr. Denham. Well, first of all, let me ask you, case-by- case basis, do you think the House and Senate ought to just give authority to the FRA on a case-by-case basis, seeing as how this Obama administration is not very political in dealing with various items like this? Mr. Hamberger. Mr. Chairman, with all due respect, I think the fewer safety mandates Congress gets involved in, the better. Our view with respect to the system--a 3-year extension versus a case-by-case basis--you put your finger right on it. It would not be a railroad-by-railroad basis. It almost would have to be evaluated on a corridor-by-corridor, city-by-city basis. I don't understand how it could be done if, for example, a freight railroad is equipped, but a Metra train isn't; or one freight railroad is equipped and a short line railroad working in the Chicago zone is not. Because of the interoperability issues, it has to be a blanket extension so that everybody can get there. Let me make two related points. Number one, I do not for a moment impugn the professionalism of the FRA. They are dedicated, highly trained professionals interested in safety. At the same time, I think this would be an incredible resource demand on them. Each of our railroads will have some PTC up and running. It would almost have to be corridor by corridor, and I think it would just be impossible to do from a practical standpoint. Secondly, I agree with Mr. Tolman's statement that there needs to be transparency, and that is why we presented last Wednesday to the Senate Commerce Committee the update of our progress report. I did not attach it to this testimony, because we were more focused on PRIIA. But let me submit that for the record. [The progress report, entitled ``PTC Implementation: The Railroad Industry Cannot Install PTC on the Entire Nationwide Network by the 2015 Deadline--May 2013 Update,'' also appends the Association of American Railroads response to a question for the record and can be found on page 136.] Mr. Hamberger. It details railroad by railroad what each has done in terms of progress in a variety of areas and what still needs to be done. And the last point I would like to make, and I tried to head this off in my opening statement, Mr. Chairman, but I am sick and tired of people saying: ``we need to keep the pedal to the metal,'' or ``we have to make sure that the railroads don't walk away from this,'' or ``they are going to be back here in 3 years asking for another extension.'' We are committed to this. We are not asking for the deadline to be repealed. We are going to get it done. The sooner it gets done, the sooner we can begin to reap the safety benefits, and begin to see whether or not there are business benefits. So we don't need anybody putting their boot on our throat. We are committed to getting it done. Mr. Denham. Mr. Hamberger, it is my understanding that some of the freight rails are further ahead than others---- Mr. Hamberger. Yes, sir. Mr. Denham [continuing]. As well as some of the commuter lines, some of them are further ahead than others. From a freight perspective, would the freight rails be supportive or opposed to doing a--assuming we did some type of extension, whether that is a 1-year, 2-year, 3-year or more extension, if this body, working with the Senate, agreed to some type of extension, would freight rails be able to give an updated timeline---- Mr. Hamberger. Yes, sir. Mr. Denham [continuing]. On where we were? Mr. Hamberger. Yes, sir. And that is why we submitted this. And, again, I apologize for not putting it on as an attachment to this, but I will be glad to submit it. It is very detailed, getting down to the number of locomotives, for example. Mr. Denham. Would that---- Mr. Hamberger. Wayside interface units, railroad by railroad. It does not include the commuter trains represented by APTA. APTA, I think you did yours last year. I don't know if you have updated it for 2013. Mr. Denham. And would that not also ensure that if we had a timeline and you could see transparency---- Mr. Hamberger. Yes, sir. Mr. Denham [continuing]. On a---- Mr. Hamberger. I would be glad to be back here every 6 months, every quarter, every year, whatever--however many times you want me here---- Mr. Denham. So that would ensure that---- Mr. Hamberger [continuing]. To talk about it, that is right. Mr. Denham [continuing]. You wouldn't need another extension beyond---- Mr. Hamberger. That is right. Mr. Denham [continuing]. Every 2 or 3 years, whatever the extension would be---- Mr. Hamberger. Yes, sir. Mr. Denham [continuing]. Necessary. Mr. Melaniphy, in your testimony, you mentioned that there is a critical state-of-good-repair backlog of over $80 billion. The PTC mandate is forcing a choice between critical safety, maintenance projects and PTC. Can you provide some examples of the choices your members are going to have to make or are making today dealing with safety upgrades versus PTC? Mr. Melaniphy. Mr. Chairman, as you are aware---- Mr. Denham. As well, what type of extension do you think that we ought to see in PTC? Mr. Melaniphy. Thank you, Mr. Chairman. As you are aware, our members remain committed to safety on all levels. And while PTC is an important component of the safety infrastructure, it is not the only component of the safety infrastructure. We must invest in our rail bed, in our signaling, all the systems that go along with making the rail system safe. As you may have seen in a Wall Street Journal article, SEPTA in Philadelphia had to make a choice in its safety systems and is going to have to close one of their bridges because they can't afford to replace the bridge and balancing the costs of all the safety systems they have to implement. Those are some of the choices they have to make. We are seeing that across the Nation. And the unknown costs for things like spectrum availability and radio system availability and testing, it is going to take some times and some funds to do that. So there are tough choices they have to make each and every day, and that is why we have asked for 80 percent support on the cost of the PTC implementation and free access to the spectrum needed for those public sector entities for the safety component. And APTA's position with respect to extension is that we would support a full 3-year extension for the commuter railroads, not in any way letting off on moving forward with the railroads that are in a position to move forward more quickly, to implement more quickly. We support that. We continue to support that and we support that position all the way along. We have railroads that are further along than others. We want to see all of them implemented as quickly as they can, safety systems that enhance the safety and meet the spirit and intent of the law. Mr. Denham. Let me ask each of you, starting with Mr. Szabo: We all want to get PTC done. We want to have the safest rail in the world. It is important, but it is also important to get it done right and in the process, not only not pick winners and losers, but making sure that regionally--I mean, our job here is making sure we have got a rail system that is the top in the world. We need to make sure we can do that regionally as well, and so one of the things that I would ask each of you is on a timeline, not just specifically to freight or to APTA, but also from a regional perspective, because this is going to be a regional issue. There are certain rails that are ready and certain that aren't. The region doesn't get it done. So, Mr. Szabo, starting with you first, how would we put together a timeline based on a regional ability, which would conform not only to commuter rails but the freight rails? Mr. Szabo. That is part of the reason why we have proposed revisiting each individual implementation plan, to be able to take into account those differences that do, in fact, exist from region to region. I think Ed hit it on the mark that, you know, there is going to be different challenges in each region based on spectrum availability. And that is more of a regional issue, at least for the commuters. Mr. Denham. But FRA is well aware of the spectrum issues and the variety of different issues---- Mr. Szabo. Right. Mr. Denham [continuing]. That we have by region. Mr. Szabo. Right. Mr. Denham. Would you put together a timeline? Mr. Szabo. On a region-by-region basis? Mr. Denham. Or even the capabilities of each region so that---- Mr. Szabo. I mean, certainly, if I dedicate staff resources to it, you know, we can better determine the challenges in each given region. Now, what I would question, though, is whether that is, in fact, the best use of my limited resources for my PTC team, whether we should, in fact, continue to dedicate those resources towards implementation versus research and writing a report. Can we? Yes. I am not sure it is the best approach, but if you want that information, certainly we will attempt to make it available. Mr. Denham. Mr. Melaniphy? Mr. Melaniphy. Were a report to be put in place to have regional discussions, our members would be more than happy to participate in that process and provide the information available. Mr. Denham. Mr. Hamberger? Mr. Hamberger. In fact, I have got to give FRA kudos here. We are working with them to try to change the implementation plan requirements from a railroad-by-railroad implementation plan. So much of the railroad traffic is interlined and involves commuter traffic as well. Statute and regulations now require a railroad-by-railroad implementation plan. But we are working with the FRA to try to put together the kind of information that I think you are seeking--what is the rollout going to be in different areas around the country? That is, will the interchange partners be ready together? For example, if one railroad--say Norfolk Southern--is going to be lit up in Cincinnati, and CSX, their interchange partner, is not, well, it doesn't do much good, does it? There needs to be a lot more coordination. As this gets rolled out and working with FRA staff, we are trying to figure out how that will proceed, but that is an ongoing discussion regarding the implementation plan. Right, Joe? So we will have some taste of that outlook, if you will. I don't know how detailed it will be, but I think we can get some information back to you in the not-too-distant future. [The information follows:] FRA required that each railroad submit a PTC implementation plan by April 16, 2010. The implementation plans contained the railroads' initial views on their sequence for rolling out PTC. Since that time, it has become evident that the railroads need to revisit their plans for making PTC operational. A key consideration is that from the perspective of both safety and operational efficiency, it makes sense to roll PTC out first in less complex areas so that system ``bugs'' can be addressed in areas where any problems that develop will pose a comparatively lesser risk of adverse safety and operational consequences. Less complex areas are those where there are comparatively smaller amounts of railroad traffic and fewer railroads operating. The railroads will work with FRA on revised implementation plans that provide for PTC to be implemented in areas of less complexity first. Furthermore, the railroads will coordinate their approach to implementation to ensure that the individual implementation plans assign the same priority to each region. Mr. Denham. We would ask you for that information. In fact, this committee will ask a formal request after this hearing of each of you to be able to establish the greatest need as well as timeline throughout the Nation regionally. Mr. Lewis. Mr. Chairman, I would just add from the States' perspective, we would be willing to participate in any way we can to help facilitate that discussion on a State-by-State or regional basis as well. Mr. Denham. Thank you. Mr. Tolman. Mr. Tolman. And, Mr. Chairman, we, too, believe that your comments about a timeline is absolutely necessary in order to-- if this extension is granted, that is absolutely imperative. If it wasn't for Congress, I don't think we would be sitting here even discussing PTC. And I applaud Congress in 2008 for pushing this forward. And it absolutely needs a timeline, and I would say 60 to 90 days, personally. Mr. Denham. OK. Thank you. Mr. Tolman. Thank you. Mr. Denham. Thank you. Mr. Lewis, could you please give us some examples from your members of issues you all have with FRA environmental reviews? And Mr. Melaniphy, I would ask you to follow up after. Mr. Lewis. I think from the States' perspective, we, again, work very closely with FRA and the rest USDOT modes. I think that one of the areas that a sister mode has implemented and works very well and we would like to see spread across the other modes is Federal Highway Every Day Counts initiative. It is a way of getting all agencies together to work on expediting project delivery. And I think that there are some lessons to be learned from that, from other modes, but I think part of it is a resource issue, I think, within the agency, but I think that, clearly, Mr. Szabo is there at the table when he needs to be. And the willingness is there. I think there is a resource issue that is maybe slowing down the process. Mr. Denham. Mr. Melaniphy. Mr. Melaniphy. Mr. Chairman, I want to tag on some of the things that Secretary Lewis touched on, and that has to do with if there was a commonality of DOT rules across all of DOT, it would make limitations more easy to adopt. As we look at multimodal facilities, intermodal facilities with multiple modes, multiple funding sources, one of the challenges with our different regulations from different sub- areas within DOT, if there was a commonality among the rulemaking, it would make it easier for us to create a common set of CE's and establish a joint FTA-FHWA set of rules for NEPA approvals would certainly simplify and expedite product delivery for all service transportation projects and minimize duplicative and mode-specific requirements. Mr. Denham. Thank you. I just have one final question. Do you have anything to add, Mr. Szabo? Mr. Szabo. No. Just that to summarize, say we are all for it. And certainly we think that not only--there are some good things that have been done with the categorical exclusions that we have created over the past year, but some good things in MAP-21 that can serve a little bit as a pattern. But as we get into reauthorization, those things that would expedite project delivery, ensure strong planning on the forefront, we are all for. Mr. Denham. Thank you. Mr. Szabo, you said something earlier: We execute what you legislate. What about 208, section 208 from the last PRIIA bill? That was---- Mr. Szabo. Historical preservation? Yeah. Report is completed and posted on the Internet. Ms. Denham. FRA contract with a qualified independent entity to develop objective methodologies for Amtrak route decisions. Mr. Szabo. Yeah. Mr. Denham. FRA requested funding in 2010. We have had four---- Mr. Szabo. Right. Mr. Denham [continuing]. Budgets since then. Mr. Szabo. We requested the funding, and we have written Congress three times indicating that funding has not been made available. We have got Volpe prepared to move forward. We have been prepared to move forward since 2010. If you would supply the requested funding, we believe that we can generate a document that would provide good value to all of us to make sure we are making market-based decisions as we grow our rail network. Mr. Denham. So you do want to do the study? Mr. Szabo. Absolutely. Mr. Denham. And why haven't you requested funding over the last 4 years? Mr. Szabo. We have written Congress three times now indicating that funding has not been available, and it was a formal part of our 2010 budget request. We have since rewritten and reported to Congress the fact that the funds are not available. We think it is one more tool that can be helpful in doing good planning and ensuring we are making market-based decisions. Mr. Denham. So you couldn't do it with existing resources? Mr. Szabo. That is correct. Mr. Denham. But yet you---- Mr. Szabo. We have asked the resources be provided. Mr. Denham [continuing]. Took it out of the 2011 budget. Mr. Szabo. I am sorry? Mr. Denham. But you took it out of the 2011 budget, the request for funding. Mr. Szabo. We made the request in 2010. You didn't fund it. Like I say, we have written three times. We have written Congress three times indicating that the funding has not been made available. We have got Volpe engaged and ready to go. Provide the money, we will start on the report. Mr. Denham. Thank you. I will follow up with that, because I am not sure I am getting the response that I am looking for. Ms. Brown. Ms. Brown. I can tell you that I am not getting the responses that I am looking for, either, from my colleagues. Mr. Szabo, I mean, and I want all you to answer this question, because we are having a serious debate in Congress about privatizing or contracting out the services of Amtrak, and some people are under the illusion that if we privatize it, they are going to run faster. They can't run faster on the existing tracks. Contractor services. So can you respond to that? And I definitely want Mr. Hamberger to respond to it, because you all have the freight lines and the private-owned freight lines. What are your views about it? So I would like for everyone to respond to it, starting with you, Mr. Szabo. Mr. Szabo. Yeah. The key, whether you are talking about private or the public sector, the key to success is going to be a predictable and sustainable source of funding to make the capital investments that are going to be necessary to ensure that safe, reliable and efficient service. And without that certainty and that predictability, the private sector will never consider coming in. The private sector requires absolute certainty. If there is, you know, one--the private sector is absolutely risk-averse, so whether we are talking about improving service through the private sector or through our existing public sector, where it is done for the public good, there has to be a dedicated, sustainable source of funding. Ms. Brown. And that is true with rail, but that is also true with aviation. It is also true with highways. Yes, sir. Mr. Szabo. Absolutely. Mr. Melaniphy. Ms. Brown, certainly long-term funding is absolutely critical, no question about that. We also must look at competition, as soon as we substitute private sector for competition. If we look at in the large basis and as we talk about how we compete these services, sometimes the private sector and sometimes the public sector is better positioned based on the risk availability, and under the enabling legislation, Amtrak enjoys some benefits with respect to identification of its State partners, who are not available in the private sector. So we ask that you look at all of the pieces that enable for a level playing field and how a risk is balanced for public and private. And there are times when the public sector has also shown that it is able to provide an equal level of service at a good cost if all the pieces are put in place. So that is what you look at on a competition basis as opposed to just saying just private sector. It is all about balance. Ms. Brown. Mr. Hamberger. Mr. Hamberger. Obviously, there is a role for the private sector. As you so well know in your own State, All Aboard Florida is a totally private passenger service that hopefully will be opening in the next year or two from Miami to Orlando. With respect to the Amtrak intercity long-distance trains, we have a 40-year partnership with them, and we support continuing that partnership. Ms. Brown. Uh-huh. But when you look at All Aboard, it is a private---- Mr. Hamberger. That is correct. Ms. Brown. It is also working with public and with other stakeholders. Nothing is completely private. Yes, sir, Mr. Lewis. Mr. Lewis. I think in response to your question, under PRIIA 209 and the progress that has been made to date with the State support on short-distance routes, I think that provides an opportunity on specific areas for the States to privatize where it makes sense. And the States have to evaluate that on a case-by-case basis. Where is the market there? Is there a market available in the private sector? And then when is it most cost-effective for them to do so? But I think this is an opportunity to enhance that review. Ms. Brown. Mr. Tolman. Mr. Tolman. Thank you. As we all know, there is no rail passenger system in the world that makes money. And I don't think that is going to change, and I don't see the private--the return on investment when you have to build a new tunnel through New York City to increase the speeds or whatever it may be. The Government has to stay in the business of the rail passenger system. There is no question in my mind that it has to stay in there. There are many, many--there are many studies that have been done in Europe of the failures of privatization of rail passenger systems that we all could learn from and should have learned from. And I just absolutely disagree with that. It is certainly not the way to go, in my eyes. Thank you. Ms. Brown. I do want to say that the Senate has just confirmed the new Secretary of Transportation, so we have a new Secretary of Transportation. And I am looking forward to working with him, but clearly, if we are going to move forward, as far as this committee is concerned, that will mean working together on a very bipartisan basis, and it will not be top down. We need to talk with you all, the stakeholders, and we need to work together to make sure we can move forward together. So I am looking forward to working with the chairman. I am excited about the hearings that we have had, because we have been getting very important feedback that is very important for Members that have not been on this committee like I have for 21 years and understand the nature of what we have had but this has broken down in the last couple of years because of some leadership problems that we have had on this committee. This committee has always been bipartisan, always, and we have always worked together. I don't care who the chairman was or who the President of the United States was, we have always understood that for every billion dollars we invested, we generated 44,000 to 47,000 permanent jobs, and I am hoping that we can continue to move forward. And I want to thank you all for your presentation. And I yield back the balance of my time. Mr. Denham. Thank you, Ms. Brown. And thank you to all of our witnesses this morning. As we continue to work in a bipartisan fashion to get this PRIIA reauthorization bill done, each of these different hearings have been very insightful and helpful. We will follow up with a number of different questions, and we certainly appreciate the discussion about PTC this morning. And as we have traveled around the Nation, we will continue to do that, it has been very obvious to us that the Northeast Corridor has its challenges with some of the safety upgrades and the amount of money that is spent on infrastructure there, as well as most recently in Chicago, we would like to see higher speed rail there, but we have got to fix the challenges with Chicago as well. And then in my home State of California, looking at high- speed rail, we certainly need private investors there to be able to get that project moving forward and hopefully eventually someday completed. So we will continue to travel, because as we have seen, whether it is PTC or improving infrastructure, each region is different, they have their own different challenges. They have their own different freight issues, as well as commuter issues, and it is our job to work in a bipartisan fashion to help to solve some of those issues as we move forward with the PRIIA reauthorization and PTC and a number of other issues. So we thank you for your responses this morning. We will follow up again with a number of other questions. At this time, I would like to ask unanimous consent that the record of today's hearing remain open until such time as our witnesses have provided the answers to those questions that will be 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 the record of today's hearing. Without objection, so ordered. I would like to thank our witnesses again for their testimony. And if there are no other Members that have anything to add or questions, the committee will stand adjourned. [Whereupon, at 12:29 p.m., the subcommittee was adjourned.]