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Testimony:

Before the Subcommittee on Railroads,
Committee on Transportation and Infrastructure, House of 
Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 10:00 a.m. EDT Wednesday, April 30, 
2003:


Intercity Passenger Rail:

Issues for Consideration in Developing an Intercity Passenger Rail 
Policy:

Statement of JayEtta Z. Hecker, Director 
Physical Infrastructure Issues:

GAO-03-712T:

GAO Highlights:

Highlights of GAO-03-712T, a testimony before the Subcommittee on 
Railroads, Committee on Transportation and Infrastructure, House of 
Representatives 

Why GAO Did This Study:

The Rail Passenger Service Act of 1970 created Amtrak to provide 
intercity passenger rail service because existing railroads found such 
service unprofitable.  Amtrak operates a 22,000-mile network, primarily 
over freight railroad tracks, providing service to 46 states and the 
District of Columbia. Most of Amtrak’s passengers travel on the 
Northeast Corridor, which runs between Boston, Massachusetts, and 
Washington, D.C.  On some portions of the Corridor, Amtrak provides 
high-speed rail service (up to 150 miles per hour).  

Since its inception, Amtrak has struggled to earn revenues and run an 
efficient operation.  Recent years have seen Amtrak continue to 
struggle financially.  In February 2003, Amtrak reported that it would 
need several billion dollars from the federal government over the next 
few years to sustain operations.  However, some have indicated that 
there needs to be a fundamental reassessment of how intercity passenger 
rail is structured and financed.  Options raise questions about whether 
or not Amtrak should be purely an operating company, whether 
competition should be introduced for providing service, and if states 
should assume a greater financial role in the services that are 
provided.


What GAO Found:

Compared to current levels of federal funding, substantially higher 
federal investment will be required in the future to stabilize and 
sustain Amtrak’s existing network.  Amtrak will be seeking about $2 
billion per year over the next several years to stabilize its system 
and begin addressing its deferred maintenance needs and to cover 
operating losses.  This is about twice the federal funding Amtrak has 
received annually over the last 5 years.  However, Amtrak’s identified 
funding requests do not address potential future needs to enhance or 
expand service or develop high-speed rail corridors, which Amtrak has 
previously estimated at up to $70 billion over the next 20 years.  
According to Amtrak, this will require additional federal and state 
investment—over and above the $2 billion annually in identified needs.

Based on analyses of federal investment approaches across a broad 
stratum of national activities, we have identified several key 
components of a framework for evaluating federal investments.  The 
Congress might find this framework useful as it deliberates the future 
of intercity passenger rail.  At the outset, clearly defined goals 
would provide the foundation for making other decisions.  For example, 
if reducing air and highway congestion were a goal, this may only be 
achievable in limited markets, because Amtrak’s market share decreases 
rapidly as travel time and distance increase.  To improve the focus on 
outcomes, it will be important for Congress to consider a systemwide 
approach, as opposed to a focus on one mode or type of travel. 
Establishing the roles of governmental and private entities could 
better ensure that goals are achieved.  Finally, the choice and design 
of financing mechanisms will also have important consequences for 
performance as well as transparency and accountability. 

www.gao.gov/cgi-bin/getrpt?GAO-03-712T.

To view the full testimony, click on the link above.  For more 
information, contact JayEtta Z. Hecker at (202) 512-2834, or 
HeckerJ@gao.gov.

[End of section]

Mr. Chairman and Members of the Subcommittee:

I appreciate the opportunity to testify on the future of intercity 
passenger rail. Passenger rail travel in the United States remains 
poised at a critical juncture. Since its inception, the National 
Railroad Passenger Corporation (Amtrak) has struggled to earn revenues 
and run an efficient operation, balancing demands from a variety of 
stakeholders in a changing market. Recent years have seen Amtrak 
continue to struggle financially. A few months ago, in February 2003, 
Amtrak reported that it would need several billion dollars from the 
federal government over the next few years to sustain operations.

Last year, however, the Amtrak Reform Council[Footnote 1] indicated 
that a focus on sustaining operations might not be the best way for 
intercity passenger rail policy to proceed. Instead, it recommended 
restructuring and rationalizing the national intercity passenger rail 
system--a move that envisioned, among other things, breaking up Amtrak 
and introducing competition to provide rail service. In testimony we 
provided to this subcommittee last April, we stated that the current 
approach to intercity passenger rail is likely not sustainable given 
historical funding levels.[Footnote 2] Today's hearing, therefore, not 
only takes place against a backdrop of Amtrak's long-term and ongoing 
financial crises, but also within a context of uncertainty about how 
intercity passenger rail service should be provided to the nation.

My statement today attempts to aid the Congress as it debates the 
future of Amtrak by (1) examining the levels of federal funding needed 
to support the existing network for providing intercity passenger rail, 
and (2) describing a framework that could facilitate the development of 
intercity passenger rail policy. This statement is based primarily on 
reports we have issued over the past several years.[Footnote 3] In 
summary:

* Compared to current levels of federal funding, substantially higher 
federal investment will be required in the future to stabilize and 
sustain Amtrak's existing network. Amtrak will be seeking about $2 
billion per year over the next several years to stabilize its system 
and begin addressing its deferred maintenance needs and to cover 
operating losses. This is about twice the federal funding Amtrak has 
received annually over the last 5 years. Although Amtrak is currently 
taking actions to make its business more efficient and control costs, 
it is unable to determine the extent of its success because it lacks 
labor productivity measures to determine the efficiency of its 
workforce. Amtrak's identified funding requests also do not address 
potential future needs to enhance or expand service or develop high-
speed rail corridors--estimated by Amtrak at up to $70 billion over the 
next 20 years. According to Amtrak, this will require additional 
federal and state investment--over and above the $2 billion in 
identified needs.

* Based on extensive analyses of federal investment approaches across a 
broad stratum of national activities,[Footnote 4] we have found that 
the key components of a framework for evaluating federal investments 
include (1) establishing clear, nonconflicting goals, (2) establishing 
the roles of governmental and private entities, (3) establishing 
funding approaches that focus on and provide incentives for results and 
accountability, and (4) ensuring that the strategies developed address 
diverse stakeholder interests and limit unintended consequences. The 
evaluation framework may be useful in several ways as Congress develops 
intercity passenger rail policy. For instance:

* Clearly defined goals could provide the foundation for making other 
decisions. For example, if the goal were to reduce air and highway 
congestion by achieving particular market-share targets in select 
origin-and-destination city-pairs, then that goal could shape decisions 
about developing additional higher-speed rail corridors. To improve the 
focus on outcomes and potential contributions to customers or 
communities, it will be important for Congress to consider a systemwide 
approach as opposed to a focus on one mode or type of travel.

* Established roles of governmental and private sector entities might 
better ensure that goals are achieved. For example, it will be 
important to determine whether route and service decisions will be made 
using a top-down approach by a central entity (whether the federal 
government or an organization like Amtrak) or using a bottom-up 
approach by state and local governments, in combination with private 
entities.

* Appropriate financing mechanisms may increase performance, 
transparency, and accountability. Different mechanisms are available 
(e.g., grants, bonds, loans, or user fees), but they carry different 
characteristics, which policy-makers should consider.

* Finally, consideration of diverse stakeholder interests when crafting 
policy changes could minimize unintended and adverse consequences. 
Stakeholders such as commuter railroads, states, and freight railroads 
could be significantly affected by a change in policy.

Background:

The Rail Passenger Service Act of 1970 created Amtrak to provide 
intercity passenger rail service because existing railroads found such 
service unprofitable. Amtrak operates a 22,000-mile network, primarily 
over freight railroad tracks, providing service to 46 states and the 
District of Columbia. (See fig. 1.) Amtrak owns 650 miles of track, 
primarily on the Northeast Corridor, which runs between Boston, 
Massachusetts, and Washington, D.C. The Northeast Corridor is the 
busiest passenger line in the country, and some 200 million Amtrak and 
commuter rail travelers use the Corridor, or some portion of it, each 
year. On some portions of the Corridor, Amtrak provides high-speed rail 
service (up to 150 miles per hour). In addition, access to the Corridor 
is crucial for eight commuter railroads (operated by state and local 
governments) that service 1.2 million passengers each work day as well 
as six freight railroads.

Figure 1: Amtrak's Route System:

[See PDF for image]

[End of figure]

At the present time, intercity passenger rail only plays a small part 
in the nation's overall transportation system (with the exception of 
some short-distance routes). In fiscal year 2002, Amtrak served about 
23.4 million passengers, or about 64,000 passengers a day. According to 
Amtrak, about two-thirds of its ridership is wholly or partially on the 
Northeast Corridor. In contrast, preliminary figures for 2002, the 
latest year data are available, indicate that airlines carried about 
1.5 million domestic passengers per day. In 2001, intercity buses 
carried about 83,000 passengers per day. Amtrak has won sizeable market 
shares (compared to travel by air), between certain relatively close 
city-pairs. However, by far, most intercity traffic remains by 
automobile.

Recent legislation introduced in the Congress has recognized the 
substantial capital investment required for intercity passenger rail 
systems. For example, legislation introduced by the Chairman of this 
Committee last year, the Rail Infrastructure Development and Expansion 
Act for the 21st Century (H.R. 2950), would have authorized the 
issuance of tax-exempt bonds, grants, direct loans, and loan guarantees 
of over $71 billion for high-speed rail infrastructure, corridor 
development, rehabilitation, and improvement. Legislation introduced 
by a Member of this Subcommittee in the current session of Congress, 
the National Rail Infrastructure Program Act (H.R. 1617), would 
establish a national rail infrastructure trust fund and make about $3 
billion available to states for projects that address railroad 
infrastructure deficiencies in order to provide substantial public 
benefits, such as mitigating highway congestion and reducing 
transportation emissions. Projects eligible for funds under this 
legislation could potentially benefit intercity passenger rail systems. 
Legislation introduced in the Senate this session (S. 104) would 
authorize significant funding for passenger rail investment, including 
about $2 billion annually for Northeast Corridor growth investments, 
about $1.4 billion in capital investments, and about $1.5 billion 
annually for development of high-speed rail corridors.[Footnote 5]

In a hearing before the House Committee on Appropriations, Subcommittee 
on Transportation, Treasury, and Independent Agencies, held on April 
10, 2003, the President of Amtrak and the Deputy Secretary of 
Transportation offered differing views on Amtrak and the future of 
intercity passenger rail service in America. Amtrak's President focused 
primarily on the importance of Amtrak's receiving the funding it needs 
to improve the condition of its equipment, its reliability and 
utilization, and its infrastructure. The Deputy Secretary, in contrast, 
stated that the administration has declared principles for a 
fundamental restructuring of the manner in which federal assistance is 
provided for intercity passenger rail service. These principles include 
creating a rail service that is driven by sound economics, fosters 
competition, and establishes a long-term partnership between states and 
the federal government to sustain an economically viable system.

Current Federal Funding Not Sufficient to Support Existing Level of 
Intercity Passenger Rail:

Current federal funding is not sufficient to support the existing level 
of intercity passenger rail service being provided by Amtrak. Over the 
long-term, significantly higher levels of investment will be needed to 
stabilize the existing system and get it into a state of good repair. 
Amtrak has reported that just doing that will require nearly $2 billion 
annually over the next several years--about twice the amount provided 
annually over the last 5 years. The total amount of additional funding 
needed is not known but will likely be in the tens of billions of 
dollars. From fiscal year 1976 through fiscal year 2003, the federal 
government has provided Amtrak with over $26 billion (nominal dollars) 
in operating and capital subsidies.[Footnote 6]

Amtrak's financial condition has never been strong, and the corporation 
has been on the edge of bankruptcy several times. The Amtrak Reform and 
Accountability Act of 1997 required Amtrak to reach operational self-
sufficiency by December 2002.[Footnote 7] However, Amtrak's financial 
outlook since this legislation was enacted has remained troubled, and 
the corporation has gone from one financial crisis to the next. In 
March 1998, we reported that Amtrak's financial condition had continued 
to deteriorate and that it would continue to face challenges in 
improving its financial health.[Footnote 8] In September 2000, we again 
reported that Amtrak was struggling in its quest to achieve operational 
self-sufficiency and that it had made limited progress in reducing its 
need for operating support.[Footnote 9] Amtrak's financial struggles 
have become even more acute in recent years. For example, in 2001 
Amtrak mortgaged a portion of Pennsylvania Station in New York City to 
generate enough cash to meet its expenses, and in July 2002, the 
Department of Transportation approved a $100 million loan because the 
railroad was running out of cash. As recently as a few months ago, 
Amtrak said that its financial and physical condition was still 
precarious and that federal support of about $1.8 billion would be 
required in fiscal year 2004 just to stabilize its system. This is 
about twice the approximately $1 billion in federal funding Amtrak has 
received annually over the last 5 years. For fiscal years 1999 through 
2003, Amtrak received a total of about $4.7 billion in federal 
operating and capital support.

Amtrak has indicated that it will require $2 billion annually in 
federal contributions over the next few years, with a focus on 
stabilizing its system. It does not address additional capital 
investments that might be required for enhancements or expansions of 
Amtrak's system. In February 2002, Amtrak estimated that its deferred 
capital backlog was about $6 billion ($3.8 billion of which was 
attributed to the Northeast Corridor). Additional capital funds would 
be needed to enhance and modernize its system, such as undertaking 
infrastructure improvements that permit faster trip times for Amtrak's 
trains. For example, in January 2000, Amtrak estimated that about $12 
billion (in 2000 dollars) would be needed between fiscal years 2001 and 
2025 to improve the Northeast Corridor between New York City and 
Washington, D.C., in order to increase the reliability of the Corridor 
and make enhancements that permit higher speed service. Amtrak's share 
of this cost--estimated at about $6 billion--is not fully included in 
its expected funding request.[Footnote 10]

To cover needed operating subsidies, Amtrak can be expected to need 
about $800 million per year, or about $4 billion over the 5-year period 
2005 to 2009. This amount appears to be included within the projected 
request for $2 billion annually. For fiscal year 2004, Amtrak estimates 
that it will require about $768 million in operating subsidies--nearly 
50 percent above its 2003 appropriation ($522 million). By comparison, 
Amtrak received about $200 million in fiscal year 2002. Operating 
subsidies are needed because virtually all of Amtrak routes fail to 
generate operating profits. For fiscal year 2002, only one of Amtrak's 
routes, the Acela Express/Metroliner, earned an operating profit (about 
$78 million). Operating losses on other routes ranged from about 
$700,000 to about $77 million.[Footnote 11] Although Amtrak's President 
has said that actions to maintain solvency and create a lean 
organization with tight financial controls have been initiated, 
operating a national intercity passenger rail system structured similar 
to Amtrak's current system will likely require substantial operating 
subsidies for the foreseeable future. The amount of those operating 
subsidy needs, however, is unknown.

Part of Amtrak's need for operating subsidies involves Amtrak's ability 
to control costs. In fiscal year 2002, Amtrak's operating costs 
decreased by $76.7 million compared with fiscal year 2001.[Footnote 12] 
According to Amtrak, this was partially accomplished by streamlining 
its business and eliminating 1,000 positions. Amtrak's President 
recently testified before the House Appropriations Committee that one 
of the challenges for Amtrak would be generating a higher level of 
productivity from its workforce. As we reported in 2000, Amtrak had 
attempted to control cost growth by improving labor productivity, but 
it had no measures of labor productivity for its different lines of 
business to measure its progress or efficiency.[Footnote 13] Amtrak is 
still in the process of developing these measures.

Amtrak's identified funding requests do not address the future needs 
that might be required to expand or enhance service or develop high-
speed rail corridors. According to Amtrak, additional federal and state 
investment--over and above the $2 billion per year--would be required 
to address these issues and begin developing high-speed rail corridors. 
As we reported last year, the total cost to develop high-speed rail 
corridors is unknown because these initiatives are in various stages of 
planning.[Footnote 14] However, preliminary Amtrak estimates indicate 
the capital costs to develop these other corridors (along with the 
Northeast Corridor) could be between $50 billion and $70 billion over 
the next 20 years. The American Association of State Highway and 
Transportation Officials--a trade association of state and local 
transportation officials--also recently reported that about $60 billion 
would be required to develop these corridors and Amtrak's Northeast 
Corridor over a 20-year period.

Framework for Creating a National Intercity Passenger Rail Policy:

Based on GAO's analyses of federal investment approaches across a broad 
stratum of national activities, we have found several key components of 
a framework for evaluating federal investments.[Footnote 15] Congress 
may find this framework useful to consider as it develops a national 
intercity passenger rail policy. Components of the framework include: 
(1) establishing clear, nonconflicting goals, (2) establishing the 
roles of governmental and private entities, (3) establishing funding 
approaches that focus on and provide incentives for results and 
accountability, and (4) ensuring that the strategies developed address 
diverse stakeholder interests and limit unintended consequences.

Defining Goals Will Provide a Foundation for Making Other Decisions:

By clearly defining nonconflicting goals for an intercity passenger 
rail system, the Congress could provide a basis for guiding federal 
participation. Nonconflicting goals provide a clear direction, 
establish priorities among competing issues, specify the desired 
results, and lay the foundation for such other decisions as determining 
how the assistance will be provided, the duration of that assistance, 
and what the total value of the assistance should be. Such goals are 
best considered in the context of the relationship of an intercity 
passenger rail system to other transportation modes. Transportation 
experts highlight the need to view any part the system plays in the 
context of the entire transportation system in addressing congestion, 
mobility, and other challenges. A systemwide approach to transportation 
planning and funding, as opposed to focusing on a single mode or type 
of travel, could improve the focus on outcomes and the contribution to 
customer or community needs.

The Congress could choose any number or type of goals when developing a 
national policy. For instance, it might decide that the goals should 
maximize some or all of the benefits of intercity passenger rail. As we 
reported last year, intercity passenger rail has the potential to 
provide broad public benefits, such as stemming increases in highway 
and air congestion, reducing automobile pollution, and reducing fuel 
consumption and energy dependency.[Footnote 16]

We pointed out, however, that some of these benefits might be difficult 
to obtain. For instance, for rail transport to capture the market share 
necessary to reduce air travel congestion, the distance between 
potential intercity passenger rail cities must be short enough to make 
rail travel times competitive with air travel times (at comparable 
costs and levels of comfort). Amtrak's market share decreases rapidly 
as travel time and distance increases. As we previously reported, 
compared with air service only (as most travel is by automobile), 
between New York City and Philadelphia and between Philadelphia and 
Washington, D.C.--both relatively short-distance markets--Amtrak's 
market share was over 80 percent. But for longer distance markets, such 
as New York City to Chicago, Illinois, and Chicago, to Washington, 
D.C., Amtrak's market share compared with air service was less than 10 
percent.[Footnote 17] (See fig. 2.) Studies suggest that as the speed 
of intercity passenger rail increases, the potential benefits 
attributable to reductions in airport and highway delays increase, as 
does the potential distance over which passenger rail is able to 
compete with air transport. The potential for intercity passenger rail 
to reduce air congestion is also greater where there is little, or no, 
room for additional runways and where there is limited competition 
between airlines resulting in relatively high air fares. See appendix I 
for more information on potential benefits from intercity passenger 
rail travel.

Figure 2: Amtrak Market Share Compared to Air Service for Selected 
Origins and Destinations:

[See PDF for image]

[End of figure]

To help ensure that the goals are achieved, conflicting goals should be 
avoided to the maximum extent possible to reduce the possibility that 
achieving one goal reduces the likelihood of attaining another goal. In 
addition, the goals should be measurable--that is, they should identify 
the amount of public benefits to be obtained. Having measurable goals 
better assists in determining the success or failure in attaining the 
goals and in holding intercity passenger rail systems accountable for 
results.

In this context, we note that the statements made by the President of 
Amtrak and the Deputy Secretary of Transportation on April 10 both 
reflect efforts to establish goals. The President of Amtrak stated that 
his goals over the past year were to maintain solvency, begin a program 
of critical capital investment, create a lean organization with tight 
financial controls, and build a zero-based budget. The Deputy Secretary 
stated that the Administration would support specific performance 
targets that can be met on an annual basis, and he discussed five 
principles articulated by the Secretary of Transportation for reforming 
intercity passenger rail.[Footnote 18] While these efforts are clearly 
important, a broader consideration of how the passenger rail system 
fits with other modes of transportation and how changes to the system 
might maximize public benefits would be a critical first step in 
developing intercity passenger rail policy.

Establishing Roles of Governmental and Private Sector Entities Will 
Better Ensure That Goals Are Achieved:

Establishing the relative roles of federal, state, and local 
governments and private sector entities, to the extent practicable, 
could better ensure that goals are achieved. The Deputy Secretary of 
Transportation touched on this issue when he stated on April 10 that 
the department hopes to establish a long-term partnership between the 
states and the federal government to support intercity passenger rail 
service. The President of Amtrak also described how Amtrak had entered 
into negotiations with state partners to have them cover 100 percent of 
the direct operating loss for intercity passenger rail services that 
receive state support.

Defining roles helps to establish incentives for leadership, financial 
participation, risk-sharing, and accountability among the 
participating parties. Roles are defined not only by specific 
structures and organizations, but also by the forms, conditions, and 
terms of assistance. Regarding structures and organizations as they 
pertain to intercity passenger rail travel, the Congress will need to 
pose and resolve such questions as:

* Should there be a government-established entity, such as Amtrak, with 
a monopoly over intercity passenger rail, or could federal and state 
governments allow private operators to receive government assistance on 
a competitive basis to provide intercity passenger rail service?

* How much independence should the entity or entities providing rail 
service have to make decisions? A recent report on passenger rail 
restructurings in other countries stated that successful reform plans 
involved an increasing degree of independence of the rail entity from 
political influence.[Footnote 19] The Amtrak Reform Council reported in 
February 2002 that one of the factors influencing Amtrak's 
decisionmaking and financial performance was a susceptibility to 
political pressure.[Footnote 20]

* Will routes and services be determined using a top-down approach by a 
central entity, such as the federal government or an organization like 
Amtrak, or with a bottom-up approach at a state or local level focusing 
on where intercity passenger rail can generate the most public benefits 
for particular citizens?

Establishing the roles of the federal, state, and local governments 
will be particularly important. The federal government is currently the 
major financer of intercity passenger rail systems and has provided 
Amtrak with about $1 billion per year in federal support over the last 
5 years. Although several states and localities may receive significant 
benefits from Amtrak's operations, state support for Amtrak has been 
relatively limited--about $168 million in fiscal year 2002. One option 
for restructuring intercity passenger rail is to increase the role of 
state and local governments in financing the rail system.

The ability of states to provide and maintain financial support for 
intercity passenger rail is unknown, however. We reported last year 
that most of the officials from 17 state departments of transportation 
we contacted were willing to provide funds for intercity passenger 
rail.[Footnote 21] However, they said that continued federal investment 
would be required, and they expressed concern over their ability to 
successfully form partnerships with other states to finance intercity 
passenger rail service. One of the potential impediments cited was 
determining a fair cost-sharing arrangement for capital improvements. 
This is consistent with what we found in our 1998 report on the 
potential issues of Amtrak liquidation.[Footnote 22] In that report, 
officials from states we spoke with also cited potential problems with 
compacts between states to provide intercity passenger rail service. 
Among the potential problems cited was reaching agreement on the 
allocation of costs between states. Officials from three states we 
spoke with that were not on the Northeast Corridor but whose states 
generated a large volume of intercity rail passengers also expressed 
concerns about (1) the potentially high cost of continuing service, (2) 
possible difficulties in negotiating access to tracks, and (3) lack of 
an incentive to continue service if Amtrak's national route network 
were ended.

As previously mentioned, the Amtrak Reform Council has recommended 
introducing competition for intercity passenger rail service. The 
Secretary of Transportation also supports carefully managed 
competition. If intercity passenger rail service were restructured to 
allow private rail operators to bid on the opportunity to provide 
service, however, those operators would still likely require operating 
subsidies. Four of the five private rail companies we contacted last 
year said that, even though they would provide efficient passenger rail 
service, they would still need operating subsidies. A fifth company had 
not yet determined if operating subsidies would be required.

Choice and Design of Financing Mechanisms Will Have Important 
Consequences for Performance, Transparency, and Accountability:

The choice and design of financing mechanisms, including mechanisms 
used to provide federal assistance, will have important consequences 
for performance, transparency, and accountability. A wide variety of 
mechanisms are available to provide financial assistance, including 
grants, bonds, tax subsidies, loans, loan guarantees, and user fees. 
Each of these vary in the extent they provide a stable source of 
revenue that covers capital needs, ensure that investments provide an 
appropriate return on investment relative to investments in other 
intercity transportation systems, leverage the federal dollar, and 
balance accountability and flexibility. These mechanisms can be 
structured to support or facilitate public-private partnerships. 
According to a recent report, a lesson learned from intercity passenger 
rail restructuring in other countries was that one goal of most such 
reforms was to increase the transparency of government financial 
support. In general, the intent of policy makers was to hold railroads 
more accountable by eliminating cross-subsidization of 
services.[Footnote 23]

In choosing the funding mechanism, it will be important to protect the 
federal government's interests. This can be done in a variety of ways. 
Most recently, in Amtrak's fiscal year 2003 appropriations, the 
Congress adopted measures to increase the oversight and accountability 
over federal funds used for intercity passenger rail. These measures 
include requiring (1) federal funds be allocated by the Secretary of 
Transportation using a grant making process, and (2) Amtrak prepare and 
submit to the Congress a business plan and limiting federal spending on 
projects not contained in the plan. In addition, the conference report 
requires the Secretary of Transportation to vouch for the accuracy of 
Amtrak's financial information. We believe these are good first steps. 
Other measures that are available include establishing criteria for the 
evaluation of projects and the use of federal funds similar to that 
used by the Federal Transit Administration in its New Starts program, 
incorporating accountability requirements similar to those in the 
Government Performance and Results Act, and requiring intercity 
passenger operators to assume some level of financial risk in their 
operations.

Diverse Stakeholder Interests Need to Be Considered:

Finally, it will be important to consider diverse stakeholder interests 
in developing intercity passenger rail policy and limit unintended 
consequences. Revising the structure of intercity passenger rail could 
have substantial effects on a number of stakeholders, including Amtrak 
and its employees, the railroad retirement and unemployment systems, 
commuter railroads, states, and freight railroads. Amtrak, its 
employees and creditors, and the railroad retirement and unemployment 
systems all have substantial financial involvement with Amtrak and 
could be the most directly affected by a change in intercity passenger 
rail policy, particularly if Amtrak were to be liquidated.

At the request of this Committee, we have reported on the potential 
costs that might emerge if Amtrak were liquidated.[Footnote 24] We take 
no position on whether Amtrak should be liquidated but our work shows 
that there could be substantial financial issues associated with such 
an action. We reported that if Amtrak had been liquidated on December 
31, 2001, secured and unsecured creditors, along with Amtrak's 
stockholders, would have had about $44 billion in claims against 
Amtrak's estate. The federal government would have been by far the 
largest claimant. However, it is not likely these claims would have 
been fully satisfied since, aside from the Northeast Corridor, the 
value of Amtrak's assets would have been less than the claims against 
them. Amtrak liquidation would also have affected the railroad 
retirement and unemployment systems. Appendix II provides additional 
information on the financial implications of a potential liquidation.

Stakeholders such as commuter railroads, states, and freight railroads 
could also be significantly affected by a change in policy. Commuter 
railroads in the Northeast could be especially affected since Amtrak's 
Northeast Corridor is a vital piece of infrastructure that handles 
about 1,200 Amtrak, commuter, and freight trains a day. Since commuter 
railroads are by far the heaviest users of the Northeast Corridor and 
depend on this corridor to bring, on average, about 1.2 million 
passengers a day into major cities, it will be important to deal with 
this corridor carefully. As previously mentioned, state concerns 
largely focus on costs to provide intercity passenger rail service as 
well as access rights to freight railroad tracks and the cost of this 
access. How these issues are handled could materially affect state 
decisions concerning whether to support intercity passenger rail. 
Finally, freight railroads are concerned about the degree to which 
intercity passenger rail affects their ability to serve their customers 
and earn profits. Increased conventional or high-speed passenger rail 
service could severely affect their operations. While the various 
stakeholders may all be able to share a general vision of the intercity 
passenger rail system, they may diverge in their priorities. Policy 
changes, if not thoroughly thought through, could have unintended and 
disagreeable consequences for one or more of these stakeholders.

In summary, Mr. Chairman, intercity passenger rail continues to be at a 
crossroads. Maintaining the current approach will likely require 
substantial federal operating and capital support--but at much higher 
levels than currently provided. It will be important to consider a 
systemwide approach for considering how the passenger rail system fits 
with other modes of transportation. Alternative approaches to providing 
intercity passenger rail service may be available that can provide 
public benefits and complement other modes of transportation as an 
integrated part of the national transportation network. Such approaches 
will undoubtedly require a substantial political and financial 
commitment over an extended period of time. When Japan restructured its 
intercity passenger rail system in the late 1980s and 1990s, for 
example, the reform plan was carried out over a decade and two 
political administrations.

The framework I have described today is meant to help the Congress as 
it asks some fundamental questions about the future of intercity 
passenger rail: What does the nation want or need from this mode of 
transportation? Who should pay for it? How should it be paid for? And 
if changes to the current system are necessary, how can we make those 
changes while minimizing unintended consequences and maximizing public 
benefits? We stand ready to assist the Congress as it deliberates 
answers to those questions.

This concludes my prepared remarks. I would be pleased to answer any 
questions you or other Members of the Subcommittee might have.

Contacts and Acknowledgments:

For further information, please contact JayEtta Z. Hecker at 
heckerj@gao.gov or at (202) 512-2834. Individuals making key 
contributions to this statement include Colin Fallon, Richard 
Jorgenson, and Steve Martin.

[End of section]

Appendix I: Potential Public Benefits from Intercity Passenger Rail:

Intercity passenger rail has the potential to generate benefits to 
society (called "public benefits") by complementing other more heavily 
used modes of transportation in those markets in which rail transport 
can be competitive. These benefits include reduced highway and air 
congestion, pollution, and energy dependence, and provide an option for 
travelers to use passenger rail systems in the future.[Footnote 25]

Intercity Passenger Rail May Help Alleviate Highway and Air Congestion:

One potential public benefit of intercity passenger rail service is the 
reduced highway congestion that will result if some people travel by 
train rather than on highways. Where congestion exists, intercity 
passenger rail would not have to capture a large share of the travelers 
who would otherwise use other modes of transportation in order to 
generate a substantial public benefit from reduced highway congestion. 
Roadway congestion often results when vehicles access a roadway that is 
already at or near capacity. The additional users have a 
disproportionate, detrimental effect on the flow of traffic. As a 
result, diverting a small group of highway users to rail transport 
could reduce congestion and have a substantial public benefit.

The specific markets where intercity passenger rail has the most 
potential to generate public benefits by reducing highway congestion 
are regions where the highway systems are consistently operating beyond 
capacity and are characterized by slow moving traffic. (See fig. 3.) 
Therefore, rail service likely to alleviate the most highway congestion 
would parallel congested corridors that link cities with significant 
intercity transportation demand and urban congestion, such as in the 
Northeast. However, realizing these benefits might be difficult because 
the prices people pay to drive do not reflect the true costs of driving 
(and some costs due to pollution and congestion are borne by others) 
and Americans have a strong attachment to cars as their principal means 
of transportation.

Figure 3: Interstate and Expressway Highways That Have Exceeded Their 
Capacity, 1998:

[See PDF for image]

[End of figure]

Intercity passenger rail could also potentially ease air travel 
congestion. This is contingent on intercity passenger rail being able 
to capture enough market share to reduce the number of flights between 
cities through frequent, competitively priced, and attractive service. 
For rail transport to capture the market share necessary to reduce air 
travel congestion, the distance between potential intercity passenger 
rail cities must be short enough to make rail travel times competitive 
with air travel. Amtrak's market share decreases rapidly as travel time 
and distance increases. For example, as we reported last year, Amtrak's 
market share compared with air service between New York City and 
Philadelphia, Pennsylvania, and Philadelphia and Washington, D.C.--
relatively short-distance markets--was over 80 percent. But, for longer 
distance markets, such as New York City to Chicago, Illinois, and 
Chicago to Washington, D.C., Amtrak's market share compared with air 
service was less than 10 percent.[Footnote 26] Studies suggest that as 
the speed of intercity passenger rail increases, the potential benefits 
attributable to reductions in airport and highway delays increase, as 
does the potential distance over which passenger rail is able to 
compete with air transport. The potential for intercity passenger rail 
to reduce air congestion is also greater where there is little, or no, 
room for additional runways and where there is limited competition 
between airlines resulting in relatively high air fares.

Intercity Passenger Rail May Also Reduce Vehicle Emissions and Provide 
Other Public Benefits:

Intercity passenger rail may also generate potential public benefits by 
reducing vehicle emissions, lowering pollution, and indirectly 
mitigating health and environmental costs. This could happen if 
intercity passenger rail can provide the incentive to shift people out 
of their cars and onto rail. However, the magnitude of this benefit 
depends to a large extent on the type of technology used to power rail 
locomotives. Conventional electric rail systems (taking into account 
the emissions of electricity generating power plants) emit less carbon 
monoxide, hydrocarbons, and nitrous oxides per passenger-mile from 
burning coal, natural gas, or fuel oil than conventional diesel-powered 
rail.[Footnote 27] In addition, within the range that most vehicles are 
driven, automobile carbon monoxide and hydrocarbons emissions increase 
as vehicle speed decreases. Therefore, to the extent intercity 
passenger rail can reduce roadway congestion, these forms of pollution 
could be reduced by having fewer vehicles on the highway(s).

The ability of intercity passenger rail to generate these benefits 
depends on both the level of pollution and the likelihood that 
travelers will choose rail service over other modes of transportation. 
Markets where intercity passenger rail service could be competitive 
with other modes in terms of price, travel time, and quality of service 
offer the greatest opportunity to reduce pollution. In general, 
intercity passenger rail can be competitive with other transportation 
modes in short-distance markets (such as New York City to 
Philadelphia). However, intercity passenger rail is less competitive in 
longer distance markets. The extent of emissions reduction could also 
vary and be small. For example, a 2002 study by the California 
Department of Transportation of improvements to three state-supported 
Amtrak intercity rail routes in California found that hydrocarbon and 
carbon dioxide emissions would decrease with the improvements.[Footnote 
28] But, certain nitrous oxide and particulate compounds emitted from 
diesel-fuel burning locomotives would increase. Similarly, our 1995 
analysis of the Los Angles to San Diego corridor projected that 
eliminating rail service between these cities would result in a net 
increase--albeit small--in vehicle emissions from additional 
automobiles, intercity buses, and aircraft.[Footnote 29]

Intercity passenger rail may also generate public benefits by reducing 
the nation's dependence on gasoline and fossil fuels. This result would 
only be achieved if intercity passenger rail would require less fuel 
than the amount of fuel used by other modes of transportation that 
travelers might use if intercity passenger rail were not available. The 
extent of the benefits would depend on how many fewer trips were taken 
on other, less fuel-efficient modes of transportation and on the 
technology of the locomotive(s) used. Again, the 2002 California 
Department of Transportation study of improvements to the three Amtrak 
intercity routes in California (see above) estimated, that in 2011, 
making the improvements and expanding service could save 13 million 
gallons of gasoline.[Footnote 30] Similarly, in October 2002, the 
Federal Railroad and Federal Highway Administrations made a preliminary 
finding that making various improvements that would extend high-speed 
rail service (up to 110 miles per hour) from Washington, D.C., to 
Charlotte, North Carolina, could save between 6.6 million and 10.4 
million gallons of gasoline per year.[Footnote 31]

Finally, intercity passenger rail may generate public benefits from 
providing an option demand--that is, by being an alternative to other 
transportation modes (such as air and automobiles) that society is 
willing to pay for just to retain the option to use it in the future. 
For some people, having the option of rail service available in case 
their circumstances change or they have concerns about using another 
transportation mode has value, even if they do not plan to currently 
use rail service. Similarly, intercity passenger rail may have nonuse, 
or existence, value. Under this concept, people receive value from 
intercity passenger rail from knowing that it exists, even if they do 
not plan to use it. Quantifying these benefits is difficult and has 
been known to be controversial.

[End of section]

Appendix II: Potential Financial Issues If Amtrak Were to Undergo 
Liquidation:

In September 2002, we reported on some of the potential financial 
issues if Amtrak were to undergo liquidation.[Footnote 32] These issues 
are discussed in this appendix.

Creditor Claims and Ownership Interests:

If Amtrak had been liquidated on December 31, 2001, secured and 
unsecured creditors, including the federal government and Amtrak's 
employees, and stockholders would have had about $44 billion in 
potential claims and ownership interests against Amtrak's estate. (See 
fig. 4.) The federal government would have been by far the largest 
secured creditor (for property and equipment) and would have had the 
largest ownership interest (in preferred stock)--accounting for about 
80 percent (about $35.7 billion) of the total amount.

Figure 4: Creditor Claims and Stockholder Interests in the Event That 
Amtrak Had Been Liquidated on December 31, 2001:

[See PDF for image]

Note: Stockholder interests are different from creditor claims. 
Stockholders receive funds only after secured, unsecured, and 
administrative expenses related to liquidating the estate are 
satisfied. The amount of the stockholder interest consists of the total 
of the recorded value of the stock (common and preferred) plus 
cumulative unpaid preferred stock dividends.

[End of figure]

The federal claims largely arise from two promissory notes issued by 
Amtrak and held by the federal government. The first note represents a 
secured interest on Amtrak's real property (primarily Amtrak's 
Northeast Corridor) and matures in about 970 years. However, in June 
2001, in conjunction with Amtrak's mortgage of a portion of 
Pennsylvania Station in New York City, the federal government 
strengthened its position in relation to this note and made the 
principal and interest due and payable if Amtrak files for bankruptcy 
and is liquidated or if Amtrak defaults under the mortgage.[Footnote 
33] Based on information provided by the Federal Railroad 
Administration, we calculated that had Amtrak been liquidated on 
December 31, 2001, the federal government would have been due about 
$14.2 billion in principal and interest on this note. The second note 
is secured by a lien on Amtrak's passenger cars and locomotives and 
matures on November 1, 2082. This note has successive 99-year renewal 
terms. If Amtrak had been liquidated on December 31, 2001, this note 
would have been accelerated, and about $4.4 billion in principal and 
interest would have become immediately due and payable. The majority of 
non-U.S. government lenders' secured property claims would have been 
associated with passenger cars and equipment ($1.5 billion) and 
locomotives ($941 million).

As of December 31, 2001, Amtrak's data showed that unsecured 
liabilities totaled about $4.4 billion. About 70 percent ($3.2 billion) 
would have been for labor protection payments to terminated Amtrak 
employees if Amtrak had been liquidated.[Footnote 34] Materials and 
supplies provided by vendors ($304 million) and unpaid employees' wages 
and vacation and sick pay ($278 million) were among the largest 
remaining obligations.

The potential claims for labor protection on December 31, 2001, were 
about $2.9 billion less than we reported in 1998.[Footnote 35] The 
difference stems from changes made by the Amtrak Reform and 
Accountability Act of 1997. This act eliminated the statutory right to 
labor protection, made labor protection subject to collective 
bargaining, and required Amtrak to negotiate new labor protection 
arrangements with its employees. As a result of these changes and an 
October 1999 arbitration decision, labor protection was capped at 5 
years (compared with 6 years under the statutory provisions), made 
employees with less than 2 years service ineligible for labor 
protection payments, and based payments on a sliding scale that 
provided for less payout for each year worked than did the previous 
system. According to Amtrak, this accounted for about $1.8 billion of 
the cost difference. Amtrak attributed an additional $950 million to 
management employees no longer being eligible for labor protection 
payments since they were not represented by a formal labor organization 
and the Amtrak Reform and Accountability Act of 1997 provided for no 
process to provide substitute protection for these employees.

The U.S. government holds all of Amtrak's preferred stock, and four 
corporations hold Amtrak's common stock.[Footnote 36] The preferred and 
common stock had recorded values of about $10.9 billion and $94 
million, respectively, as of December 31, 2001. In addition, preferred 
stock holders were entitled to an annual cumulative dividend of at 
least 6 percent until 1997, when Amtrak's enabling statute was amended 
to eliminate the requirement that preferred stock holders were entitled 
to dividends. No preferred stock dividends were ever declared or paid. 
However, Amtrak had calculated cumulative preferred stock dividends 
from 1981 to 1997 to be about $6.2 billion. In a liquidation, the 
amount of the preferred stock holders' interest would include all 
cumulative unpaid dividends. Thus, the federal government, as the sole 
preferred stock holder, would have had about $17 billion in ownership 
interest had Amtrak been liquidated on December 31, 2001.

It is not likely that all secured or unsecured creditor claims or 
ownership interests would have been satisfied because, aside from the 
Northeast Corridor, Amtrak's assets available to satisfy these claims 
and interests (such as equipment and materials and supplies) are old, 
have little value, or appear unlikely to have a value equal to the 
claims against them. In addition, the value of Amtrak's most valuable 
asset, the Northeast Corridor, has not been tested. While the corridor 
has substantial value, it is subject to easements and has, according to 
Amtrak, at least $3.8 billion in deferred maintenance.[Footnote 37]

Financial Effects on the Railroad Retirement and Unemployment Systems:

Liquidation of Amtrak would also affect the railroad retirement and 
unemployment systems. Amtrak is a participant in both systems. Since 
the retirement system is on a modified pay-as-you-go basis, the 
financial health of the system largely depends on the size of the 
workforce, the taxes derived from this workforce, and the amount of 
benefits paid to retired and disabled individuals and their 
beneficiaries. Payroll taxes levied on employers and employees are the 
primary sources of the retirement system's income. In 2001, Amtrak paid 
about $428 million in payroll taxes into the railroad retirement 
account. A loss of this contribution would have a significant financial 
impact on the system.

The Railroad Retirement Board (Board) estimated that, if Amtrak had 
been liquidated on December 31, 2001, and no action had been taken to 
increase tier II payroll taxes beyond that already planned or to reduce 
benefit levels, the railroad retirement account would have started to 
decline in 2006 and would have been depleted by 2024. If tier II taxes 
had been increased immediately (that is, in 2002) to offset the 
expected deficit in 2024, the Board estimated that tier II tax rates 
would have had to increase about 8 percent in 2002 (to 22.1 percent), 
decrease slightly in 2003, and then level off until 2018. After 2018, 
the tier II rate would have increased about 7 percent again (to 24.6 
percent). In all cases, the tier II tax rate would have been 1.64 
percentage points higher than it would have been if Amtrak had not 
undergone liquidation. Similarly, Amtrak liquidation would have 
affected tier I tax revenues and benefit payments as the result of 
Amtrak employees' retiring and beginning to collect benefit payments or 
Amtrak employees no longer being entitled to tier I benefits because 
they were no longer earning tier I service credits.[Footnote 38]

Similarly, participants in the railroad unemployment system would have 
also been affected by an Amtrak liquidation. However, the financial 
effects would have been immediate, but short-term. The Board estimated 
that if Amtrak had been liquidated on December 31, 2001, separated 
Amtrak employees would have received a total of $344 million in benefit 
payments during fiscal years 2002 and 2003. The cash reserves of the 
unemployment system would have been exhausted in 2002, and a total of 
about $340 million would have been borrowed from the railroad 
retirement account, as permitted by statute, from 2002 through 2004 to 
make these benefit payments. The peak loan balance would have been $349 
million, including interest, with all loans repaid in 2005. To pay for 
these benefits and repay the loans, the Board would have required that 
other railroads and participants in the unemployment system increase 
their payroll tax contributions. The Board estimated that, between 2002 
and 2004, the average tax rate would have increased from about 4 
percent to 12.5 percent, before decreasing to 9.6 percent in 
2005.[Footnote 39]

[End of section]

Appendix III: Selected GAO Products:

Developing National Strategies:

Major Management Challenges and Program Risks: Department of 
Transportation. GAO-03-108. Washington, D.C.: January 2003.

Marine Transportation: Federal Financing and a Framework for Future 
Infrastructure Investment. GAO-02-1033. Washington, D.C.: September 9, 
2002.

Regulatory Programs: Balancing Federal and State Responsibilities for 
Standard Setting and Implementation. GAO-02-495. Washington, D.C.: 
March 20, 2002.

Combating Terrorism: Key Aspects of a National Strategy to Enhance 
State and Local Preparedness. GAO-02-473T. Washington, D.C.: March 1, 
2002.

Budget Issues: Long-Term Fiscal Challenges. GAO-02-467T. Washington, 
D.C.: February 27, 2002.

Commercial Aviation: A Framework for Considering Federal Financial 
Assistance. GAO-01-1163T. Washington, D.C.: September 20, 2001.

Mass Transit: Many Management Successes at WMATA, but Capital Planning 
Could be Enhanced. GAO-01-744. Washington, D.C.: July 3, 2001.

Executive Guide: Leading Practices in Capital Decision-Making. GAO/
AIMD-99-32. Washington, D.C.: December 1998.

Federal Budget: Choosing Public Investment Programs. GAO/AIMD-93-25. 
Washington, D.C.: July 23, 1993.

Guidelines for Rescuing Large Failing Firms and Municipalities. GAO/
GGD-84-34. Washington, D.C.: March 29, 1984.

Amtrak:

Intercity Passenger Rail: Potential Financial Issues in the Event That 
Amtrak Undergoes Liquidation. GAO-02-871. Washington, D.C.: September 
20, 2002.

Financial Management: Amtrak's Route Profitability Schedules Need 
Improvement. GAO-02-912R. Washington, D.C.: July 15, 2002.

Intercity Passenger Rail: Congress Faces Critical Decisions in 
Developing a National Policy. GAO-02-522T. Washington, D.C.: April 11, 
2002.

Intercity Passenger Rail: The Congress Faces Critical Decisions About 
the Role of and Funding for Intercity Passenger Rail Systems. GAO-01-
820T. Washington, D.C.: July 25, 2001.

Intercity Passenger Rail: Amtrak Will Continue to Have Difficulty 
Controlling Its Costs and Meeting Capital Needs. GAO/RCED-00-138. 
Washington, D.C.: May 31, 2000.

Intercity Passenger Rail: Issues Associated With a Possible Amtrak 
Liquidation. GAO/RCED-98-60. Washington, D.C.: March 2, 1998.

FOOTNOTES

[1] The Amtrak Reform Council is an independent oversight body created 
by the Amtrak Reform and Accountability Act of 1997.

[2] U.S. General Accounting Office, Intercity Passenger Rail: Congress 
Faces Critical Decisions in Developing a National Policy, GAO-02-522T 
(Washington, D.C.: April 2002).

[3] See appendix III for a list of related GAO products.

[4] See, for example, U.S. General Accounting Office, Marine 
Transportation: Federal Financing and a Framework for Infrastructure 
Investment, GAO-02-1033 (Washington, D.C.: September 2002); U.S. 
General Accounting Office, U.S. Infrastructure: Funding Trends and 
Opportunities to Improve Investment Decisions, GAO/RCED/AIMD-00-35 
(Washington, D.C.: Feb. 7, 2000); and U.S. General Accounting Office, 
Executive Guide: Leading Practices in Capital Decision-Making, GAO/
AIMD-99-32 (Washington, D.C.: December 1998).

[5] This bill would also repeal the requirement that Amtrak be 
operationally self-sufficient.

[6] This is $41.7 billion in 2002 dollars.

[7] The Amtrak Reform and Accountability Act of 1997 prohibited Amtrak 
from using federal funds for operating expenses, except an amount equal 
to excess Railroad Retirement Tax Act payments, after 2002. However, 
this prohibition would not apply if Congress specifically appropriates 
funds for Amtrak to cover operating expenses in a particular fiscal 
year, as Congress did in fiscal year 2003 (see the Consolidated 
Appropriations Resolution, 2003, P.L. 108-7). 

[8] U.S. General Accounting Office, Intercity Passenger Rail: Outlook 
for Improving Amtrak's Financial Health, GAO/T-RCED-98-134 
(Washington, D.C.: Mar. 24, 1998).

[9] U.S. General Accounting Office, Intercity Passenger Rail: Decisions 
on the Future of Amtrak and Intercity Passenger Rail Are Approaching, 
GAO/T-RCED-00-277 (Washington, D.C.: Sept. 26, 2000).

[10] The remaining $6 billion would come from commuter railroads and 
other users of the Northeast Corridor.

[11] Operating results exclude depreciation, net interest expense, and 
special trains. In addition to the Acela Express/Metroliner, one other 
route, the Heartland Flyer between Texas and Oklahoma, made a profit of 
$1.1 million, primarily because state contributions provided Amtrak 
with about $4.9 million, about 83 percent of the route's total revenue. 


[12] Excludes depreciation.

[13] U.S. General Accounting Office, Intercity Passenger Rail: Amtrak 
Will Continue to Have Difficulty Controlling Its Costs and Meeting 
Capital Needs, GAO-RCED-00-138 (Washington, D.C.: May 31, 2000).

[14] GAO-02-522T.

[15] See, for example, U.S. General Accounting Office, Marine 
Transportation: Federal Financing and a Framework for Infrastructure 
Investment, GAO-02-1033 (Washington, D.C.: September 2002); U.S. 
General Accounting Office, Intercity Passenger Rail: Congress Faces 
Critical Decisions in Developing a National Policy, GAO-02-522T 
(Washington, D.C.: Apr. 11, 2002); U.S. General Accounting Office, 
Commercial Aviation: A Framework for Considering Federal Financial 
Assistance, GAO-01-1163T (Washington, D.C.: Sept. 20, 2001); U.S. 
General Accounting Office, U.S. Infrastructure: Funding Trends and 
Opportunities to Improve Investment Decisions, GAO/RCED/AIMD-00-35 
(Washington, D.C.: Feb. 7, 2000); U.S. General Accounting Office, 
Executive Guide: Leading Practices in Capital Decision-Making, GAO/
AIMD-99-32 (Washington, D.C.: December 1998); and U.S. General 
Accounting Office, Federal Budget: Choosing Public Investment Programs, 
GAO/AIMD-93-25 (Washington, D.C.: July 23, 1993).

[16] GAO-02-522T.

[17] GAO-02-522T.

[18] These five principles are to (1) create a system driven by sound 
economics; (2) require that Amtrak transition to a pure operating 
company; (3) introduce carefully managed competition to provide higher 
quality rail services at reasonable prices; (4) establish a long-term 
partnership between the states and the federal government to support 
intercity passenger rail service; and (5) create an effective public 
partnership, after a reasonable transition, to manage the capital 
assets of the Northeast Corridor. 

[19] U.S. Congressional Research Service, "Foreign Intercity Passenger 
Rail: Lessons for Amtrak?" June 2002.

[20] Amtrak Reform Council, An Action Plan for the Restructuring and 
Rationalization of the National Intercity Passenger Rail System (Feb. 
2002).

[21] See GAO-02-522T.

[22] U.S. General Accounting Office, Intercity Passenger Rail: Issues 
Associated With a Possible Amtrak Liquidation, GAO/RCED-98-60 
(Washington, D.C.: Mar. 2, 1998).

[23] U.S. Congressional Research Service, "Foreign Intercity Passenger 
Rail: Lessons for Amtrak?" June 2002.

[24] U.S. General Accounting Office, Intercity Passenger Rail: 
Potential Financial Issues in the Event That Amtrak Undergoes 
Liquidation, GAO-02-871 (Washington, D.C.: Sept. 20, 2002). Our report 
did not discuss the likelihood or advisability of liquidating Amtrak. 
The report also did not discuss secondary effects, such as damage to a 
creditor if it did not collect amounts owed to it by Amtrak. Finally, 
the report did not discuss the effects of a cessation of Amtrak 
service, or the potential effects on commuter and freight railroads 
that rely on access to Amtrak's tracks or rely on Amtrak to operate 
their trains. These issues were discussed in our testimony before this 
committee in April 2002 and in our 1998 report on Amtrak liquidation. 
(See GAO-02-522T and GAO/RCED-98-60.)

[25] When considering increasing transportation capacity, federal, 
state, and other decisionmakers will need to understand the extent to 
which travelers are using existing capacity and are likely to use 
increased capacity in various modes. If new capacity is underutilized 
(e.g., because it is not cost competitive or convenient), then the 
expected benefit will not be fully realized.

[26] See GAO-02-522T.

[27] For particulate matter, coal-generated electric rail produces more 
emissions than diesel, but natural gas-and fuel-oil-generated electric 
rail produces less than diesel. Wayson, R.L. and W. Bowlby, "Noise and 
Air Pollution of High-Speed Rail Systems," Journal of Transportation 
Engineering, Vol. 115, No. 1, January 1989.

[28] California Department of Transportation, California State Rail 
Plan: 2001-02 to 2010-11 (Jan. 2002). The three routes evaluated were 
the Pacific Surfliner route between San Diego and San Luis Obispo, the 
San Joaquin route between Oakland/Sacramento and Bakersfield, and the 
Capitol Corridor route between San Jose and Auburn.

[29] U.S. General Accounting Office, Amtrak: Issues for 
Reauthorization, GAO/T-RCED-95-132 (Washington, D.C.: Mar. 13, 1995). 
Carbon monoxide and hydrocarbons emissions were predicted to increase, 
while nitrous oxides and sulfur dioxide emissions were predicted to 
decrease.

[30] California Department of Transportation, California State Rail 
Plan: 2001-02 to 2010-11 (Jan. 2002).

[31] Federal Railroad Administration and Federal Highway 
Administration, Record of Decision For The Tier I Southeast High Speed 
Rail Project (Oct. 2002).

[32] See GAO-02-871. Our report did not discuss the likelihood or 
advisability of liquidating Amtrak. 

[33] As we reported last year, in the event of liquidation, the trustee 
appointed to handle Amtrak's estate could file a plan that could cure 
all defaults and reinstate the original maturity of the note, and the 
bankruptcy court would then consider whether to approve such a plan. 
Our work examined the potential claims against Amtrak in the event of 
bankruptcy, or other default, leading to liquidation, in which event 
the acceleration clause would take effect.

[34] Labor protection payments stem from collective bargaining 
agreements.

[35] See GAO/RCED-98-60.

[36] The federal government received preferred stock in the value of 
federal operating payments and most federal capital payments that it 
made to Amtrak between October 1981 and December 2, 1997. When Amtrak 
was formed, some railroads that provided or contributed passenger 
equipment, crews, and other services received Amtrak common stock or a 
federal income tax credit. This common stock is now held by three 
railroads and a holding company. The Amtrak Reform and Accountability 
Act of 1997 required Amtrak to redeem the common stock at fair market 
value by October 1, 2002.

[37] As we reported in 2002, we have concluded that the United States 
would not be legally liable for either secured or unsecured creditors 
claims in the event of an Amtrak liquidation. This conclusion is 
primarily based on the fact that (1) the federal government is not a 
party to contracts between Amtrak and its creditors, and (2) Amtrak is 
not a department, agency, or instrumentality of the U.S. government, 
and there is no explicit or implicit commitment by the United States 
government to assume Amtrak's obligations.

[38] See GAO-02-871 for a more detailed discussion of potential 
financial impacts of Amtrak liquidation on the railroad retirement 
system.

[39] The railroad unemployment system is financed exclusively by 
contributions from railroad employers, on the basis of taxable earnings 
of their employees. For 2002, the tax rates ranged from 3.15 percent 
(including a 2.5 percent surcharge) to a maximum of 12 percent on 
employee monthly earnings of up to $1,100. If the balance of the 
system's account is less than zero, the maximum rate is 12.5 percent. 
In performing this analysis, the Board assumed that all terminated 
Amtrak employees had exhausted their unemployment benefits and had not 
received labor protection benefits. The Federal Railroad Administration 
said unemployment insurance benefits received reduce potential labor 
protection claims by the same amount.