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Federal
Funding for Railroads
Funding for
railroad expansion and maintenance is a perennial problem, partially
rooted in the fact that the track the trains run on is shared among
multiple owners, and used both for freight and passenger service.
In principle, there is general public and legislative support for
the expansion of rail networks. However, the investment costs for
these networks is astounding relative to the amount of money available.
Highways get approximately $30 billion from the federal government
in the Highway Trust Fund alone, while railway funding at best is
$1 billion from all sources, for all purposes. Further, there is
often debate concerning private vs. public management of rail systems
for both practical and philosophical reasons. Amtrak, the U.S.'s
semi-public rail company, is under pressure to cut costs while maintaining,
improving, and expanding service. Generally, passenger and freight
rail companies in the United States manage to run without direct
federal intervention. Since the privately-owned freight companies
were deregulated over 20 years ago,
many people believe that Amtrak ought to be run as a for-profit,
unsubsidized corporation, but it is uncertain whether this is actually
possible. As a consequence, the overhaul of the nation's rail networks
is incomplete, although there is much evidence indicating that this
is necessary.
Part of the
problem with funding railroads is the interaction -- or lack thereof
-- between the trust funds and appropriations spending limits. The
Highway and Transit divisions in TEA-21 are "firewalled"
-- no transfers of funding are allowed from one to the other, and
programs outside the trust funds cannot be paid for by these trust
funds, even though they may actually pay for the same thing. In
the case of railroads, Amtrak cannot be funded from the trust fund.
However, the annual appropriation for Amtrak's operating costs of
approximately $500 million cannot begin to address the backlog in
maintenance, and the need for additional construction on the existing
infrastructure, or upgrade the tracks to carry high-speed trains
such as Acela. The annual appropriation for Safety and Operations
within the Federal Railroad Administration is only about $100 million,
similarly inadequate for the purposes of infrastructure overhauls.
The General
Accounting Office completed a report July 27, 2001 on Amtrak's woes
which can be found on the GAO web site under GAO-01-820T entitled:
Intercity Passenger Rail: The Congress Faces Critical Decisions
About the Role of and Funding for Intercity Passenger Rail Systems.
The House Appropriations
Transportation subcommittee expressed their irritation with the
existing funding schemes in their FY 2002 appropriations report,
saying:
Over the objections
of the Appropriations and Budget Committees, in 1998 the Transportation
Equity Act for the 21st Century (TEA 21) amended the Budget Enforcement
Act to provide two new additional spending categories or "firewalls,"
the highway category and the mass transit category. In 1990, the
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century (AIR 21) provided a similar treatment for certain aviation
programs. Although using different procedures, each of these Acts
produced the same results: they significantly raised spending,
and they effectively prohibited the Appropriations Committees
from reducing those spending levels in the annual appropriations
process. As the Committee noted during deliberations on these
bills, the Acts essentially created mandatory spending programs
within the discretionary caps. This undermines Congressional flexibility
to fund other equally important programs, including non-guaranteed
transportation programs such as FAA Operations, the Coast Guard,
and Amtrak. As a result of these Acts, the majority of budgetary
resources addressed by this bill are ``guaranteed'' by federal
legislation and/or protected by unprecedented legislated points
of order passed into law at the initiative of the authorization
committees.
The Committee
will continue to do all it can in this environment to produce
a balanced bill which provides adequately for all modes of transportation.
However, clearly the expanding use of spending guarantees to "wall-off"
parts of the discretionary budget for particular constituencies
will cause both transportation and non-transportation programs
across the government to be under more severe budget pressure,
in order to keep the overall budget in balance. The effect of
the guarantees will especially leave its mark on non-covered transportation
programs and activities, since they must compete within this bill
for leftover funding. The Committee continues to be concerned
that bills such as TEA 21 and AIR 21 skew transportation priorities
inappropriately, by providing a banquet of increases to highway,
transit, and airport spending while leaving safety-related operations
in the FAA, Coast Guard, and FRA to scramble for the remaining
crumbs.
Certainly
this will become an issue in the next transportation authorization
debate.
In the meantime,
the House and Senate are seeking to address the infrastructure modernization
deficit by passing a bond program for Amtrak (see
High Speed Rail).
Annual
Congressional Appropriations: The Federal Railroad Administration,
the National Railroad Passenger Corporation (Amtrak), high speed
rail, and specific railroad bridges that interfere with water navigation,
are funded by congressional appropriations. In addition to the authorized
programs, numerous individual projects are earmarked in the bill.
Railroad
Rehabilitation and Improvement Financing: TEA-21 does not
pay directly for railways. No railroad improvement or rehabilitation
funds were authorized in that legislation. However, in TEA-21, the
Administrator is permitted to accept commitments from a non-federal
source (i.e. a bank or other lending authority) for loan guarantees.
These cannot exceed $3.5 billion, and not less than $1 billion must
be used for class I carriers. These funds can be loaned to state
and local governments, government-sponsored authorities, corporations,
railroads, and joint ventures which include one or more railroads.
The borrowing entity must be able to show that their project will
fulfil certain use, efficiency, environmental, and other requirements.
The funds can be used for intermodal or rail equipment, facilities,
track, bridges, yards, and repair shops. These loans cannot exceed
the 25-year repayment period.
High-Speed
Rail: TEA-21 includes a general fund authorization
(i.e. requires a congressional appropriation) through fiscal 2001
of $10 million a year for planning (50 percent cost share requirement)
and $25 million a year for technology improvements for the development
of high-speed rail. Recently this has been funded at $25.1 million.
It has been estimated that the full development of high-speed rail
in the Northeast corridor, and other federally-designated corridors,
will cost $50-$70 billion over 20 years. Amtrak supporters are quick
to point out that this is less than two years of highway funding,
and that benefits would be realized long before the entire corridor
was completed. Efforts are afoot on Capitol Hill to pass the High
Speed Rail Investment Act (H.R. 2329 and S. 250) which would authorize
up to $12 billion over ten years in bonds, with a 20 percent match
from the states. The House version of the Act was written after
the release of a GAO critique of the original Senate bill, and attempted
to address most of those criticisms. The Senate subsequently released
a second version.
Transportation
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