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42 196 105 th Congress Report HOUSE OF REPRESENTATIVES 1st Session 105 188 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 1998 July 16, 1997.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. Wolf , from the Committee on Appropriations, submitted the following REPORT together with ADDITIONAL VIEWS [To accompany H.R. 2169] The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1998. INDEX TO BILL AND REPORT Page number Bill Report Narrative summary of Committee action 2 Program, project, and activity 3 Title I--Department of Transportation: Office of the Secretary 2 5 Coast Guard 5 12 Federal Aviation Administration 10 28 Federal Highway Administration 15 69 National Highway Traffic Safety Administration 17 97 Federal Railroad Administration 19 105 Federal Transit Administration 24 116 Saint Lawrence Seaway Development Corporation 33 143 Research and Special Programs Administration 34 144 Office of Inspector General 36 148 Surface Transportation Board 36 149 Title II--Related Agencies: Architectural and Transportation Barriers Compliance Board 37 151 National Transportation Safety Board 37 152 Title III--General Provisions 38 154 Title IV--Amtrak Route Closure And Realignment 52 155 House Report Requirements: Appropriations not authorized by law 161 Changes in existing law 156 Comparison with budget resolution 161 Constitutional authority 155 Financial assistance to state and local governments 162 Five-year projections of outlays 162 Rescissions 156 Transfers of funds 156 Tabular summary of the bill 164 SUMMARY OF THE BILL The accompanying bill would provide $13,125,671,000 in new budget (obligational) authority for the programs of the Department of Transportation and related agencies, an increase of $9,944,000 above the $13,115,727,000 requested in the budget. The Committee has also recommended limitations on obligations for a number of programs that are largely financed by multi-year contract authority in legislative acts. The total of the limitations on obligations for these programs is $27,681,825,000. This is $3,695,604,466 above the levels enacted in fiscal year 1997, and $2,077,825,000 more than the levels requested in the budget. An additional $1,660,226,000 is estimated to be obligated for federal-aid highway programs exempt from the obligation limitation in the bill. The total recommended obligational authority (new budget authority, limitations on obligations, exempt obligations) amounts to $42,467,772,000. This is $5,379,656,000 more than comparable fiscal year 1997 enacted levels, and $2,237,424,000 more than the budget request. MAJOR RECOMMENDATIONS Selected major recommendations in the accompanying bill are: (1) The federal-aid highways limitation amounts to $21,500,000,000, an increase of $3,500,000,000 (almost 20 percent) over the 1997 enacted level. This is in excess of the levels assumed in the bipartisan budget agreement. (2) Transit program spending of $4,837,738,000, an increase of $455,556,000 over the 1997 enacted level. The transit formula program is increased from $2,149,185,000 to $2,500,000,000 (16 percent); transit discretionary grants increase 5 percent, from $1,900,000,000 in fiscal year 1997 to $2,000,000,000 in fiscal year 1998. (3) An appropriation of $9,060,000,000 for the Federal Aviation Administration, an increase of $768,588,000 (9 percent) over the 1997 enacted level and $648,900,000 over the administration's request. (4) The airport improvement program totals $1,700,000,000, an increase of $700,000,000 over the administration's request. (5) A total of $793,000,000 for the National Railroad Passenger Corporation (Amtrak) to cover operating losses, retirement payments, capital expenses and improvements to the northeast corridor. This is an increase of $30,050,000 over the 1997 enacted level when adjusted for non-recurring costs. (6) A total of $3,881,696,000 is provided for the Coast Guard, an increase of $105,000,000 over 1997. The Subcommittee recommendation fully funds the Coast Guard's drug interdiction program ($354,100,000), of which $34,300,000 is withheld until the Office of National Drug Control Policy certifies that these expenditures represent the best investment relative to other possible drug interdiction alternatives. (7) A total of $333,407,000 for the National Highway Traffic Safety Administration, an increase of 10 percent over the 1997 enacted level. (8) Funding of $1,000,000 for an Amtrak route closure and realignment commission. TABULAR SUMMARY A table summarizing the amounts provided for fiscal year 1997 and the amounts recommended in the bill for fiscal year 1998 compared with the budget estimates is included at the end of this report. COMMITTEE HEARINGS The Committee has conducted extensive hearings on the programs and projects provided for in the Department of Transportation and Related Agencies Appropriations Bill for fiscal year 1998. These hearings are contained in 7 published volumes totaling approximately 9,000 pages. The Committee received testimony from officials of the executive branch, Members of Congress, officials of the General Accounting Office, officials of state and local governments, and private citizens. The bill recommendations for fiscal year 1998 have been developed after careful consideration of all the information available to the Committee. PROGRAM, PROJECT, AND ACTIVITY During fiscal year 1998, for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99 177), as amended, with respect to appropriations contained in the accompanying bill, the terms ``program, project, and activity'' shall mean any item for which a dollar amount is contained in an appropriations Act (including joint resolutions providing continuing appropriations) or accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and joint explanatory statements of the committee of conference. This definition shall apply to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants, Federal Transit Administration. In addition, the percentage reductions made pursuant to a sequestration order to funds appropriated for facilities and equipment, Federal Aviation Administration, and for acquisition, construction, and improvements, Coast Guard, shall be applied equally to each ``budget item'' that is listed under said accounts in the budget justifications submitted to the House and Senate Committees on Appropriations as modified by subsequent appropriations Acts and accompanying committee reports, conference reports, or joint explanatory statements of committees of conference. GOVERNMENT PERFORMANCE AND RESULTS ACT The Committee considers the full and effective implementation of the Government Performance and Results Act (P. L. 103 62), to be a priority for all agencies of government. Starting with fiscal year 1999, the Results Act requires each agency to ``prepare an annual performance plan covering each program activity set forth in the budget of such agency''. Specifically, for each program activity the agency is required to ``establish performance goals to define the level of performance to be achieved by a program activity'' and ``performance indicators to be used in assessing the relevant outputs, service levels, and outcomes of each program activity''. The Committee takes this requirement of the Results Act very seriously and plans to carefully examine agency performance goals and measures during the appropriations process. As a result, starting with the fiscal year 1999 appropriations cycle, the Committee will consider agencies' progress in articulating clear, definitive, and results-oriented (outcome) goals and measures as requests for appropriations are reviewed. The Committee suggests agencies examine their program activities in light of their strategic goals to determine whether any changes or realignments would facilitate a more accurate and informed presentation of budgetary information. Agencies are encouraged to consult with the Committee as they consider such revisions prior to finalizing any requests pursuant to 31 U.S.C. 1104. The Committee will consider any requests with a view toward ensuring that fiscal year 1999 and subsequent budget submissions display amounts requested against program activity structures for which annual performance goals and measures have been established. SAFETY PROGRAMS In this bill, the Committee has worked hard to protect funding for essential safety-related programs of the Department of Transportation and independent agencies. The tragic aviation accidents over the last couple of years and an increasing number of highway fatalities have brought home to many people the importance of maintaining and improving safety. In response, the Committee has fully funded many safety initiatives, such as the National Highway Traffic Safety Administration's alcohol, speed, and air bag initiatives. The bill includes eighteen initiatives to enhance safety and capacity of the aviation system, and restores funds cut by the Federal Aviation Administration for safety equipment and safety-related research. Additional funds above the President's request are provided for installing airport surface detection equipment; automatic alerting systems to prevent runway collisions; approach lighting systems; improved weather detection and forecasting systems; aging aircraft and aircraft safety technologies; and human factors research. However, if, in the judgment of department officials any of the Committee's recommendations would significantly harm transportation safety, or if unanticipated safety needs arise during the course of the appropriations process, the Committee welcomes discussions with the administration to adjust individual funding levels and provide the funding needed. The bill also allows significant flexibility through the reprogramming process, which requires no further legislative action. The Committee will work with administration officials to reprogram funds for safety programs if that should be required. TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES Appropriation, fiscal year 1997\1\ $52,966,000 Budget estimate, fiscal year 1998 56,136,000 Recommended in the bill 60,009,000 xlBill compared with: Appropriation, fiscal year 1997 +7,043,000 Budget estimate, fiscal year 1998 +3,873,000 \1\Excludes reduction of $1,458,200 to comply with TASC. The bill provides $60,009,000 for salaries and expenses of the various offices comprising the Office of the Secretary (OST). This level is $7,043,000 above the fiscal year 1997 level and $3,873,000 above the budget estimate. Rental payments. --The Committee recommendation includes funding for OST's rental payments in this account and eliminates the consolidated rental payments account, consistent with the budget request. The bill provides $5,898,000 in this account only to fund OST-utilized space and related services. The bill deletes funding requested for department-wide facility security enhancements (-$4,669,000). The GSA indicated in testimony before the Committee that there are no plans for a new security enhancement package in fiscal year 1998 and that current annualization of security enhancements which were funded in fiscal year 1997 have not been reflected in the rental rates charged to the agencies. Moreover, the GSA stated, ``At the present time we do not reflect the cost of additional security requirements in the rental rates we charge, but we are proposing to do so beginning in fiscal year 1999 through the implementation of a security surcharge. Rent rates would not be affected until that time.'' As such, the Committee believes that the additional $4,669,000 requested by the department for security requirements is premature at this time. The Committee notes that this action will not diminish security at any of the department's facilities. The Committee recommendation assumes the following reductions from the budget estimate: xlReductions in staff: -10 Procurement analysts, office of acquisition -$700,000 -5 Attorney advisors -400,000 -2 Congressional liaison officers -150,000 -2 Intergovernmental liaison officers -150,000 -3 Office of public affairs -175,000 -3 Office of administration -125,000 -1 Office of intermodalism -100,000 Office of the chief information officer -225,000 Office of acquisition .--The Committee recommendation reduces by ten the number of procurement analysts in the office of acquisition and grants management. While the Committee once supported the department's intended aggressive initiative to improve acquisition oversight at the departmental level, the Committee now questions the value added by limited, informal secretarial reviews. Over the past years, the FAA, which is responsible for the majority of the department's major acquisitions, has been provided new acquisition authorities, including greater flexibility and latitude in its procurement program, and as a result, the administrative offices of the secretary have little, if any, oversight role. The bill includes a provision that limits to $606,000 funds available to the office of acquisition and grants management, solely for department-wide grants management activities. Other reductions in staff .--The Committee recommendation eliminates a number of other positions in the office of the secretary, including 5 attorney advisors in the office of general counsel (-$400,000); 2 congressional liaison officers and 2 intergovernmental liaison officers in the office of governmental affairs (-$300,000); 3 positions in the office of public affairs (-$175,000); 3 positions in the office of administration (-$125,000); and 1 position in the office of intermodalism (-$100,000). In light of severe budget constraints and government downsizing, it is the Committee's belief that these positions can be eliminated without affecting the core responsibilities, functions and duties of the department. Many of these positions are either new hires planned in fiscal year 1998 or are currently vacant. Office of the chief information officer .--The Committee recommendation reduces funds requested for the office of the chief information officer by $225,000 due to outlay constraints. The budget request included a total of $625,000 for the office. This reduction will require nominal reductions in travel and training, as well as reductions in cross-cutting initiatives and contractor support to formulate a department-wide information technology strategy. Periodic fitness reviews of airlines. --Within the funds provided, the Committee recommendation includes 3 staff years in the office of the secretary to implement a recommendation of the White House Commission that greater attention be paid to periodic fitness reviews of airlines. The budget requested that these staff years be funded from the FAA's budget. Reprogramming .--In fiscal year 1997, the department may use unobligated balances from fiscal year 1996 funds appropriated for the aviation management system for any transportation planning research and development purpose. Non-sedating antihistamines. --The Committee applauds the department's attention to raising public awareness of fatigue, sleep disorders, and inattention related to motor vehicle crashes and the FAA's vigilance in reviewing medications suitable for pilots and safety-related personnel, such as approval of non-sedating antihistamines for allergy relief. The Committee believes that other agencies within the department, including FRA, FTA, NHTSA, and the FHWA's office of motor carriers, should follow the lead of the FAA and encourages the Secretary to review the need to develop safety standards relating to the use of antihistamines in other public/commercial modes of transportation. GENERAL PROVISIONS Limitation on political and Presidential appointees. --The Committee has included a provision in the bill (sec. 305), similar to provisions in past Department of Transportation and Related Agencies Appropriations Acts, which limits the number of political and Presidential appointees within the Department of Transportation. The ceiling for fiscal year 1998 is 107 personnel, which is the same as the ceiling enacted in fiscal year 1997. The bill specifies that no political or Presidential appointee may be detailed outside the Department of Transportation. Advisory committees. --The Committee has deleted language that was included in past Department of Transportation and Related Agencies Appropriations Acts which limited the funds used for the expenses of advisory committees of the Department of Transportation. The budget requested that the limitation on advisory committees be deleted and the Committee sees no useful oversight purpose in maintaining it further. OFFICE OF CIVIL RIGHTS Appropriation, fiscal year 1997\1\ $ 5,574,000 Budget estimate, fiscal year 1998 5,574,000 Recommended in the bill 5,574,000 xlBill compared with: Appropriation, fiscal year 1997 Budget estimate, fiscal year 1998 \1\Excludes reduction of $25,735 to comply with TASC. The Office of Civil Rights is responsible for advising the Secretary on civil rights and equal opportunity matters and ensuring full implementation of civil rights and equal opportunity precepts in all of the Department's official actions and programs. This office is responsible for enforcing laws and regulations which prohibit discrimination in federally operated and federally assisted transportation programs. This office also handles all civil rights cases related to Department of Transportation employees. The Committee recommends an appropriation for the Office of Civil Rights totaling $5,574,000, the same level as both the budget request and the fiscal year 1997 enacted level. In fiscal year 1995, the management of internal civil rights activities was consolidated in the Office of the Secretary with transfer authority provided in the salaries and expenses account. This level will support 70 full-time equivalent staffyears. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT Appropriation, fiscal year 1997\1\ $ 3,000,000 Budget estimate, fiscal year 1998 6,008,000 Recommended in the bill 4,400,000 xlBill compared with: Appropriation, fiscal year 1997 +1,400,000 Budget estimate, fiscal year 1998 -1,608,000 \1\Excludes reduction of $69,869 to comply with TASC. This appropriation finances those research activities and studies concerned with planning, analysis, and information systems development needed to support the Secretary's responsibilities in the formulation of national transportation policies. The overall program is carried out primarily through contracts with other federal agencies, educational institutions, nonprofit research organizations, and private firms. The Committee recommends $4,400,000 for transportation, planning, research, and development, which represents an increase of $1,400,000 over fiscal year 1997 levels and a decrease of $1,608,000 from the budget estimate. Within the total provided, the recommended level holds transportation planning and studies to $3,538,000, an increase of $820,000 over fiscal year 1997, and $730,000 below the budget estimate. This level will permit annualization and other pay-related costs for 15 full-time equivalent staffyears and will fully fund all ongoing activities, as well as provide nominal increases for proposed studies and evaluations, albeit below the budget estimate. National capital region congestion mitigation study.-- Within the funds provided for transportation planning and studies, the Committee has included $300,000 to conduct a comprehensive study and hold a summit to analyze how to meet and mitigate the current and future transportation needs and congestion of the national capital region. The recommended level also provides $862,000 for the department's transportation systems planning activities, which represents an increase of $619,000 above the fiscal year 1997 level of $243,000 and a decrease of $878,000 below the budget estimate. This level fully funds the fiscal year 1998 requirements for docket management system modernization but defers funding for the automated rulemaking system due to budget constraints. TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Limitation, fiscal year 1997\1\ ($124,812,000) Budget estimate, fiscal year 1998\2\ (121,800,000) Recommended in the bill\3\ (121,800,000) xlBill compared with: Limitation, fiscal year 1997 (-3,012,000) Budget estimate, fiscal year 1998 (--) \1\Excludes reduction of $10,000,000 to comply with TASC. \2\Proposed without limitation. \3\In fiscal year 1998, the limitation on transportation administrative service center expenses is also addressed in a general provision (-$25,000,000). The transportation administrative service center (TASC) was created in fiscal year 1997 to provide common administrative services to the various modes and outside entities that desire those services for economy and efficiency. The fund is financed through negotiated agreements with the department's operating administrations and other governmental elements requiring the center's capabilities. The Committee agreed to create the transportation administrative service center in fiscal year 1997 at the department's request. In agreeing to that request, the Committee limited (1) the activities that can be transferred to the transportation administrative service center to only those approved by the agency administrator and (2) special assessments or reimbursable agreements levied against any program, project or activity funded in this Act to only those assessments or reimbursable agreements for which justification is presented to and approved by the House and Senate Committees on Appropriations. These limitations are continued in fiscal year 1998. In addition, to ensure smooth operations and accountability of the TASC in its nascent stages of development and organization, the Committee directed the department to submit with the department's congressional budget submission the annual operating plan of the TASC and its quarterly reports for the Committee's review. Quarterly reports of the Secretary's management council were to be provided to the Committee. Now, nearly six months after the department transmitted its congressional budget justifications, the TASC's fiscal year 1998 operating plan displayed by lines of business, quarterly reports and secretarial management council reports and approvals have yet to be provided to the Committee. These documents provide critical information in support of the department's budget recommendation for the transportation administrative service center. Without the timely transmittal of these materials, the Committee is unable to fully consider the department's 1998 request or judge the department's progress in establishing and operating this new organization. Accordingly, the Committee directs the department not to hire any new staff for the TASC in fiscal years 1997 or 1998 and reiterates its direction that the 1999 TASC operating plan be submitted with the department's fiscal year 1999 congressional justifications, and that all other supporting documents cited above be provided to the Committee in a more timely manner. General provision. --The Committee has included a general provision (sec. 319) which provides that amounts budgeted for the transportation administrative service center in this bill are reduced, on a pro-rata basis, to the limitation level of $96,800,000. The Committee believes that this reduction is justified given the lack of material justifying the department's budget request as well as the significant personnel reductions that have occurred within the department over the past several years. For example, the department projects that if staffing were held at the current level, the 1997 civilian full time equivalent (FTE) employment would be about 1,700, or three percent, below the levels provided for in the fiscal year 1997 Department of Transportation and Related Agencies Appropriations Act. As such, common administrative expenses like copying, supplies, computer services, motor pool, parking and transit benefits, and telecommunications services should be declining and can be accommodated within the levels provided in this Act. PAYMENTS TO AIR CARRIERS (Airport and Airway Trust Fund) Liquidation of contract authorization Limitation on obligations Appropriation, fiscal year 1997 ($25,900,000) ($25,900,000) Budget estimate, fiscal year 1998 (--------) (--------) Recommended in the bill (--------) (--------) xlBill compared with: Appropriation, fiscal year 1997 (-25,900,000) (-25,900,000) Budget estimate, fiscal year 1998 (--------) (--------) The essential air service program was originally created by the Airline Deregulation Act of 1978 as a temporary measure to continue air service to communities that had received federally mandated air service prior to deregulation. The program currently provides subsidies to air carriers serving small communities that meet certain criteria. Subsidies, ranging from $5 to $320, currently support air service to 82 communities and serve about 700,000 passengers annually. This program was established to provide a smooth phaseout of federal subsidies to airlines that serve small airports. The Federal Aviation Reauthorization Act of 1996 (Public Law 104 264) authorized the collection of user fees for services provided by the Federal Aviation Administration to aircraft that neither take off from, nor land in the United States, commonly known as overflight fees. In addition, the Act permanently appropriated the first $50,000,000 of such fees to be used for the essential air service program and rural airport improvements. Amounts collected in excess of $50,000,000 are permanently appropriated for authorized expenses of the FAA. Consistent with the FAA reauthorization legislation enacted in 1996, this program becomes a mandatory program in fiscal year 1998. General provision. --Over the years, Congress and the department have worked to streamline the essential air service program and to increase its efficiency by eliminating communities that are within an easy drive of a major hub airport or where the costs clearly outweigh the benefits. The bill includes a limitation (sec. 331), as requested by the administration, that continues the existing eligibility standards and will help preserve those efficiencies. Specifically, this limitation continues appropriations language that limits the number of communities that receive essential air service funding by excluding points in the 48 contiguous United States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a subsidy in excess of $200 per passenger, unless such a point is more than 210 miles from the nearest large or medium hub airport. PAYMENTS TO AIR CARRIERS (airport and airway trust fund) (rescission of contract authorization) Rescission, fiscal year 1997 -$12,700,000 Budget estimate, fiscal year 1998 -38,600,000 Recommended in the bill -38,600,000 xlBill compared with: Rescission, fiscal year 1997 -25,900,000 Budget estimate, fiscal year 1998 The bill includes a rescission of contract authority of $38,600,000. This rescission removes contract authority which was provided in previous authorizing Acts but is no longer needed to fund the essential air service program. The Federal Aviation Reauthorization Act of 1996 (Public Law 104 264) authorized the collection of user fees for services provided by the Federal Aviation Administration to aircraft that neither take off from, nor land, in the United States, commonly known as overflight fees. The Act permanently appropriated the first $50,000,000 of such fees to be used for the essential air service program and rural airport improvements. RENTAL PAYMENTS Appropriation, fiscal year 1997 $127,447,000 Budget estimate, fiscal year 1998 10,567,000 Recommended in the bill xlBill compared with: Appropriation, fiscal year 1997 -127,447,000 Budget estimate, fiscal year 1998 -10,567,000 For the past several years, payments to GSA for headquarters and field space rental and related services for modes of the department were consolidated into the rental payments account. Beginning in fiscal year 1998, the budget proposes to fund all GSA rental payments from each of the individual modal budgets. For OST-utilized space and proposed security enhancements, the budget requests a total of $10,567,000. The Committee recommendation adopts the budget proposal to revert all GSA rental payments for headquarters and field space to the individual modal administrations and to terminate the consolidated rent account. Consistent with that proposal, the bill provides funding for the office of the secretary's rent requirements in the salaries and expenses account. General provision. --The Committee has deleted language that was included in the 1997 Department of Transportation Appropriations Act that would permit the Secretary to transfer funds appropriated in the bill for non-rental costs to pay for rent should they exceed the amounts provided for rent in the bill. Since the Committee has provided the department's request for rental payments, this provision is no longer necessary. MINORITY BUSINESS RESOURCE CENTER PROGRAM Appropriation Limitation on direct loans Appropriation, fiscal year 1997 $1,900,000 ($15,000,000) Budget estimate, fiscal year 1998 1,900,000 (15,000,000) Recommended in the bill 1,900,000 (15,000,000) xlBill compared with: Appropriation, fiscal year 1997 Budget estimate, fiscal year 1998 The minority business resource center of the Office of Small and Disadvantaged Business Utilization provides assistance in obtaining short-term working capital and bonding for disadvantaged, minority, and women-owned businesses. The program enables qualified businesses to obtain loans at prime interest rates for transportation-related projects. Prior to fiscal year 1993, loans under this program were funded by the Office of Small and Disadvantaged Business Utilization without a limitation. Reflecting the changes made by the Federal Credit Reform Act of 1990, beginning in fiscal year 1993 a separate appropriation was proposed in the President's budget only for the subsidy inherently assumed in those loans and the cost to administer the loan program. The recommendation fully funds the budget request, which provides a limitation on direct loans of $15,000,000 and subsidy and administrative costs totaling $1,900,000, the same levels as last year. MINORITY BUSINESS OUTREACH Appropriation, fiscal year 1997 $ 2,900,000 Budget estimate, fiscal year 1998 2,900,000 Recommended in the bill 2,900,000 xlBill compared with: Appropriation, fiscal year 1997 Budget estimate, fiscal year 1998 This appropriation provides contractual support to assist minority business firms, entrepreneurs, and venture groups in securing contracts and subcontracts arising out of projects that involve federal spending. It also provides grants and contract assistance that serve DOT-wide goals and not just OST purposes. The Committee has provided $2,900,000, the same level as provided in fiscal year 1997 and included in the budget estimate. COAST GUARD SUMMARY OF FISCAL YEAR 1998 PROGRAM The Coast Guard, as it is known today, was established on January 28, 1915, through the merger of the Revenue Cutter Service and the Lifesaving Service. This was followed by transfers to the Coast Guard of the United States Lighthouse Service in 1939 and the Bureau of Marine Inspection and Navigation in 1942. The Coast Guard has as its primary responsibilities enforcing all applicable federal laws on the high seas and waters subject to the jurisdiction of the United States; promoting safety of life and property at sea; aiding navigation; protecting the marine environment; and maintaining a state of readiness to function as a specialized service of the Navy in time of war. Including funds for national security activities and retired pay accounts, the Committee recommends a total program level of $3,881,696,000 for activities of the Coast Guard in fiscal year 1998. This is $105,157,000 (2.8 percent) more than the fiscal year 1997 program level. Excluding mandatory programs, the recommended level is $21,000,000 above the budget estimate. The following table summarizes the fiscal year 1997 program levels, the fiscal year 1998 program requests, and the Committee's recommendations: Program Fiscal year-- Committee recommended 1997 enacted 1998 estimate Operating expenses\1\ \2\ $2,621,325,000 $2,740,000,000 $2,708,000,000 Acquisition, construction and improvements 374,840,000 370,000,000 370,000,000 Environmental compliance and restoration 22,000,000 21,000,000 21,000,000 Port safety development 5,000,000 Alteration of bridges 16,000,000 16,000,000 Retired pay\3\ 617,284,000 645,696,000 645,696,000 Reserve training 65,890,000 65,000,000 67,000,000 Research, development, test and evaluation 19,200,000 19,000,000 19,000,000 Boat safety\4\ 35,000,000 35,000,000 ------------------ ------------------ ---------------- Total 3,776,539,000 3,860,696,000 3,881,696,000 \1\Fiscal year 1997 amount includes $300,000,000 in the Department of Defense Appropriations Act, 1997 and transferred to the Coast Guard; fiscal year 1998 estimated and recommended amounts include $300,000,000 specifically for national security activities of the Coast Guard and scored against budget function 050 (defense). \2\Fiscal year 1997 total includes $1,600,000 in supplemental appropriations from Public Law 105 18 related to TWA 800 disaster recovery expenses. \3\Fiscal year 1997 total includes $9,200,000 provided in supplemental appropriations from Public Law 105 18. \4\Fiscal year 1998 estimate includes $50,000,000 proposed in mandatory spending. BUDGET PRESENTATION For many years, the Committee has been working with the Coast Guard and the General Accounting Office to improve the Coast Guard's operating budget in a way which more closely aligns the budget with actual expenditures and presents the Congressional budget in a more understandable, straightforward manner. Although much progress has been made over the past few years, the Committee believes that the operating budget can be improved further by reducing the number of programs, projects and activities (PPAs) and more directly aligning those PPAs to specific elements of the Coast Guard organizational structure. This will more closely match the budget to accounting and fund distribution systems within the Coast Guard, while providing the service with adequate flexibility to execute funds as the year progresses. The Committee recommendation reflects this new budget presentation, and the Committee encourages the administration to continue this presentation with the fiscal year 1999 budget submission. OPERATING EXPENSES (including transfer of funds) Appropriation, fiscal year 1997 1,2$2,619,725,000 Budget estimate, fiscal year 1998 2,740,000,000 Recommended in the bill \3\2,708,000,000 xlBill compared with: Appropriation, fiscal year 1997 +88,275,000 Budget estimate, fiscal year 1998 -32,000,000 \1\Includes $300,000,000 in funds transferred from the Department of Defense. \2\Excludes $2,026,805 in TASC reductions and $3,000 in reductions for bonuses and awards. \3\Includes $300,000,000 in funds for national security activities included in this bill. Including $300,000,000 for national security activities, the Committee recommends a total of $2,708,000,000 for operating activities of the Coast Guard in fiscal year 1998, an increase of $88,275,000 (3.4 percent) above the fiscal year 1997 appropriation, and $32,000,000 (one percent) below the budget request. The following table compares the fiscal year 1997 enacted level, the fiscal year 1998 estimate, and the recommended level by program, project and activity: COAST GUARD OPERATING EXPENSES [In thousands of dollars, by fiscal year] Program project and activity 1997 enacted\1\ 1998 estimate 1998 recommended I. Personnel Resources $1,670,718 $1,723,261 $1,700,176 ----------------- --------------- ------------------ ================= =============== ================== II. Operating Funds and Unit Level Maintenance 571,672 620,749 612,449 ----------------- --------------- ------------------ 1. 1st district (Boston) 34,660 36,172 36,172 2. 7th district (Miami) 48,150 50,251 50,251 3. 8th district (New Orleans) 30,896 32,244 32,244 4. 9th district (Cleveland) 19,719 20,579 20,579 5. 13th district (Seattle) 13,678 14,275 14,275 6. 14th district (Honolulu) 15,452 16,126 16,126 7. 17th district (Juneau) 23,080 24,087 24,087 ================= =============== ================== III. Depot-Level Maintenance 375,305 395,990 395,990 ----------------- --------------- ------------------ ================= =============== ================== IV. Account-wide Adjustments -615 ----------------- --------------- ------------------ ================= =============== ================== Total 2,617,695 2,740,000 2,708,000 \1\Includes reductions of $2,026,805 for TASC and $3,000 in bonuses and awards. \2\Includes operating funds for Coast Guard Academy and Training Centers as well as general funds for professional training and education. \3\Includes ammunition and small arms (AFC 54) and Chief of Staff funds (AFC 40). COMMITTEE RECOMMENDATION The recommended reduction from the budget estimate includes the following adjustments: Amount Public affairs staffing adjustment -$840,000 Professional training and education -1,645,000 FTE staffyear savings based on slow hiring rates -19,600,000 User fee offset, foreign flag cruise ships -615,000 Recruiting -1,000,000 Governor's Island caretaker status -8,300,000 ------------- Total -32,000,000 PERSONNEL RESOURCES The bill includes $1,700,176,000 for pay, allowances and other resources for Coast Guard military and civilian personnel, a reduction of $23,085,000 (1.3 percent) from the budget estimate. Within the amount provided, the bill includes all funds requested for special pays for military personnel. Public affairs staffing adjustment.-- The Committee recommendation reduces public affairs staffing in the Coast Guard from 96 positions to 81, a reduction of 15 percent. This mirrors a Committee initiative two years ago to reduce public affairs staffing in the FAA. The Committee believes that a higher level of staffing for this activity is not affordable given budget constraints. Professional training and education.-- The President's budget requested a $5,092,000 (23.7 percent) increase in this activity, including an additional $1,800,000 for training related to increased anti-drug activities. The Committee recommendation fully funds the requested increase for anti-drug training, and 50 percent of the increase for other Coast Guard training activities. This results in a reduction to the budget estimate of $1,645,000, and an increase of $3,447,000 (16 percent) above the fiscal year 1997 enacted level. Full-time equivalent (FTE) staffyear savings. --For fiscal year 1997, the Congress provided funding to support 42,330 full-time equivalent (FTE) staffyears in the Coast Guard. The current projection is that less staffyears will be utilized in fiscal year 1997 due to hiring delays. Follow-on funding for these unfilled positions is assumed in the fiscal year 1998 base funding for operations. The Committee recommendation deletes a portion of those funds, a program savings of $19,600,000. Recruiting. --The recommendation includes a reduction of $1,000,000 in recruiting activities to offset an associated increase in recruiting for the Coast Guard Reserve, found in the ``Reserve training'' appropriation. The Committee believes this is justified given the value to the Coast Guard of reserve augmentation workhours and the shortfall in reserve recruiting. This reduction should not be allocated against new diversity recruiting initiatives. OPERATING FUNDS AND UNIT LEVEL MAINTENANCE The bill includes $612,449,000 for Coast Guard non-personnel operating funds for field and headquarters facilities and units as well as unit-level maintenance. This is $8,300,000 (1.3 pecent) below the administration's request and $40,777,000 (7.1 percent) above the level provided for fiscal year 1997. Governor's Island caretaker status. --The Committee bill includes a reduction of the $8,300,000 proposed for the Coast Guard to maintain Governor's Island in a ``caretaker'' status until the end of fiscal year 1998--even though Governor's Island will be closed operationally in August 1997. The Committee does not believe that, given the tight transportation budget this year, the Coast Guard should allocate scarce funds to serve as ``caretaker'' for a facility they no longer operate and from which they will get no operational benefit during fiscal year 1998. The Department of Transportation and other federal agencies pay rent to the General Services Administration (GSA) for disposal of such excess properties. Since this property has been identified for disposal and is being prepared for sale by the GSA, the Committee believes the Federal Buildings Fund should be utilized for maintaining the facility in caretaker status until the disposal is accomplished. Mackinaw. --The bill includes the $4,865,000 in requested funding for continued operation and maintenance of the icebreaking cutter Mackinaw during fiscal year 1998. Maritime Fire and Safety Association.-- Of the funds provided, the Coast Guard is directed to allocate $146,500 to continue fire fighter training and equipment and oil spill response activities with the Maritime Fire and Safety Association for the Columbia River area in Oregon and Washington. This continues activities funded in past years. Energy conservation audits. --The Committee believes the Coast Guard can do more to lower its operating costs through greater energy conservation practices. Therefore, the Committee recommends the Coast Guard provide additional funding for its Civil Engineering Division to contract for energy audits and surveys to be used for the implementation of energy conservation projects. These energy savings and performance contracts will help the Coast Guard reduce its base operations costs through energy savings. Projects with a payback of five years or less should be given the highest consideration. The Committee understands that $400,000 is needed for such audits and surveys in fiscal year 1998. Ballast water management program.-- The Committee directs that, of the amount provided, $1,995,000 shall be allocated to implement the nationwide ballast water management program, as authorized in the National Invasive Species Act of 1996 (Public Law 104 332). This is the amount included in the budget request. DEPOT LEVEL MAINTENANCE The Committee recommends $395,990,000 for depot level maintenance for shore facilities, electronic equipment, cutters, boats and aircraft, the same as the budget estimate and $20,685,000 (5.5 percent) above the enacted level for fiscal year 1997. account-wide adjustments User fee offset, foreign flag cruise ships. --Although the Congress authorized a user fee in 1996 to offset the Coast Guard's costs to inspect and certify foreign flag cruise ships operating in U.S. waters, the Coast Guard has not yet implemented such fees. This is in stark contrast to the FAA, which began collecting overflight user fees approximately six months after authorization. The Committee believes the Coast Guard can implement a more rapid schedule for collecting these authorized fees, and has assumed offsetting collections of $615,000 from this source, rather than a direct appropriation. Bill language has been included allowing these receipts to be considered offsetting collections to this appropriation. BILL LANGUAGE Increase for drug interdiction activities. --The Committee bill provides the requested increase of $34,300,000 for additional drug interdiction activities of the Coast Guard, but withholds obligation of those funds until the Director of the Office of National Drug Control Policy (ONDCP): (1) reviews the Coast Guard's proposed activities; (2) compares those activities to other drug interdiction activities government-wide; and (3) certifies that such expenditures represent the best investment relative to other options. The bill also provides the ONDCP director the flexibility to transfer all or part of these funds to other federal agencies for other drug interdiction activites, based on his review and assessment. The Committee continues to believe that the use of illegal drugs in this country is a serious problem which requires additional resources. However, based on testimony and other information received this year, it is not clear whether or not additional resources should be placed in the hands of the Coast Guard or in other federal drug interdiction programs. The Committee makes the following observations in this regard: 1. Over the past two fiscal years, the Coast Guard has not utilized all funds provided by the Congress for their drug interdiction activities. Over those years, approximately $15,000,000 was used for other activities. 2. Even with the requested increase in funding, Coast Guard cutter and aircraft operating hours for drug enforcement activities would be lower in fiscal year 1998 than in 1997, and there are indications these additional operating hours would not be completely dedicated to drug interdiction activities; and 3. The efficiency of the Coast Guard's drug interdiction effort continues to decline, even with stronger cueing from intelligence assets over the past few years. Given these uncertainties, the Committee believes a validation and review of the cost-effectiveness of this particular increase is required. Defense-related activities. --The bill specifies that $300,000,000 of the total amount provided is for defense-related activities, the same as the budget estimate. Of the amount provided for defense-related activities, $5,250,000 is only for miscellaneous equipment for the Coast Guard Reserve, as included in the House-reported National Defense Authorization Act of 1998. The Committee understands these funds will be used to help establish two additional port security units. Executive order 12839. --The bill specifies that the Commandant shall reduce both military and civilian employment for the purpose of complying with executive order 12839. This provision has been included in the bill for several years without change. Aircraft on hand.-- The bill limits the number of aircraft on hand to not more than two hundred and twelve, compared to two hundred and eighteen in fiscal year 1997 and two hundred and twenty-one in the budget estimate. Subsequent to the budget request, the Coast Guard indicated that a limitation of two hundred and twelve would be sufficient for fiscal year 1998. A similar limitation has been in appropriations Acts for several years. Shipping commissioners.-- The bill retains a provision included in appropriations Acts for several years which prohibits funds for pay or administrative expenses of shipping commissioners. Yacht documentation.-- The bill retains a provision included in appropriations Acts for several years which prohibits funds for expenses incurred for yacht documentation except to the extent that user fees are collected for this purpose. GENERAL PROVISION Vessel traffic safety fairway, Santa Barbara/San Francisco. --The bill continues as a general provision (sec. 313) language that would prohibit funds to plan, finalize, or implement regulations that would establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara traffic separation scheme and the San Francisco traffic separation scheme. On April 27, 1989, the Department published a notice of proposed rulemaking that would narrow the originally proposed five-mile-wide fairway to two one-mile-wide fairways separated by a two-mile-wide area where offshore oil rigs could be built if Lease Sale 119 goes forward. Under this revised proposal, vessels would be routed in close proximity to oil rigs because the two-mile-wide non-fairway corridor could contain drilling rigs at the edge of the fairways. The Committee is concerned that this rule, if implemented, could increase the threat of offshore oil accidents off the California coast. Accordingly, the bill continues the language prohibiting the implementation of this regulation. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 1997 $374,840,000 Budget estimate, fiscal year 1998 379,000,000 Recommended in the bill 379,000,000 xlBill compared with: Appropriation, fiscal year 1997 +4,160,000 Budget estimate, fiscal year 1998 The bill includes $379,000,000 for the capital acquisition, construction, and improvement programs of the Coast Guard for vessels, aircraft, other equipment, shore facilities, and related administrative expenses, of which $20,000,000 is to be derived from the oil spill liability trust fund. Consistent with past practice, the bill also includes language distributing the total appropriation by budget activity and providing separate obligation availabilities appropriate for the type of activity being performed. The Committee continues to believe that these obligation availabilities provide fiscal discipline and reduce long-term unobligated balances. COMMITTEE RECOMMENDATION The following table compares the fiscal year 1997 enacted level, the fiscal year 1998 estimate, and the recommended level by program, project and activity: Offset Folios 219to 20 insert here Vessels The Committee recommends $191,650,000 for vessels, a reduction of $24,850,000 below the amount provided for fiscal year 1997 and $4,750,000 above the administration's request. 47-foot motor lifeboat replacement project .--The Committee recommends $31,600,000, an increase of $10,000,000 above the budget estimate and $5,600,000 (21.5 percent) above the amount provided for fiscal year 1997. This will provide funding for an additional 10 boats of this important vessel class, augmenting the Coast Guard's search and rescue capability. The Committee believes this new capability will help the Coast Guard more effectively respond in cases of extreme weather, like the situation on February 12, 1997, in which three Coast Guardsmen from Station Quillayute, Washington, perished while responding to a distress call in a 44-foot motor lifeboat. Polar icebreaker replacement follow-on .--The minor reduction of $500,000 is based upon schedule delays in delivery of the Polar icebreaker Healy, which permit a lower level of pre-commissioning training during fiscal year 1998. This reduction is without prejudice to the overall project. Polar class icebreaker reliability improvement program .--The reduction of $750,000 allows a smaller amount for contract change orders than budgeted by the Coast Guard. In addition, the Committee recommends a reduction of $2,000,000 to fund higher priority activities. The Coast Guard indicates that these funds will not be required in fiscal year 1998. Mackinaw replacement. --The Committee recommends $2,000,000 for concept exploration to refine the specifications and costs for a heavy icebreaking replacement vessel, including a new multi-mission vessel, for the 53-year old Mackinaw. While the Committee is pleased that the Commandant has committed to the continued operation of the Mackinaw to maintain heavy icebreaking capabilities on the Great Lakes, the Committee is concerned about the long lead time projected by the Coast Guard to receive a replacement vehicle when the Coast Guard has been studying this issue for a number of years, and projects that a replacement vehicle would not be available until the year 2006 at the earliest. The funding provided in the bill will prevent another year's delay in the acquisition process for a replacement heavy icebreaking vessel. The Committee expects the Coast Guard to issue an interim status report on the concept exploration to the Committee by May 1, 1998. Independent maritime response vessel (IMARV) .--The Committee deletes the $2,000,000 requested for this project and directs the Coast Guard to apply the unobligated balance of $2,000,000 in fiscal year 1996 funds to the deepwater capability concept exploration project, effectively terminating the IMARV program. The IMARV program began several years ago, as an effort to evaluate the cost-effectiveness of Norwegian search and rescue crewing concepts in the United States. In fiscal year 1996, the Congress appropriated $2,000,000 to procure two IMARV boats. However, at this time the cost of each boat has doubled from the original estimate, to $2,000,000 each. In addition, the Coast Guard advised the Committee this year that no more than ten of these vessels will be procured. The Committee believes it inadvisable to continue with this program at the substantially higher procurement unit cost, and questions whether the Coast Guard should be saddled with maintaining another boat class in its inventory when such a small number will be procured. Deepwater capability concept exploration .--The reduction of $2,000,000 is to be offset by the reprogramming of fiscal year 1996 IMARV funds into this account, providing total funding at the budget request. In addition, the Committee has reduced the long range search aircraft capability preservation project by $500,000. Those planned activities can be financed with funds from the deepwater capability concept exploration effort. Aircraft The Committee recommends $33,900,000 for aircraft, an increase of $15,860,000 (88 percent) above the fiscal year 1997 enacted level and $7,500,000 above the administration's request. HC-130 aircraft sensor upgrade .--The Committee recommends total funding of $13,800,000, including $11,800,000 in new budget authority and $2,000,000 reprogrammed from fiscal year 1996 funding appropriated for the C-130 SLAR project. Funding of $3,800,000 was included in the budget request. The Committee believes an accelerated schedule for this program is justified, given the Coast Guard's proposal to increase anti-drug activities and the importance of nighttime surveillance to that overall effort. This should be sufficient to outfit seven of the Coast Guard's twelve C-130 aircraft with forward looking infrared radar (FLIR) systems during fiscal year 1998. Other Equipment The Committee recommends $47,050,000 for other equipment, a reduction of $2,650,000 (5 percent) below the budget estimate and $5,350,000 above the fiscal year 1997 enacted level. Ports and waterways safety system .--The Committee recommends $5,500,000 for development and implementation of a new ports and waterways safety system (PAWSS), as requested in the budget. Last year, the Congress terminated the ``VTS 2000'' program and directed the Coast Guard to take a streamlined and less costly approach to satisfy these requirements. The Committee believes that the result of Coast Guard activities to develop a new approach to navigation safety, in concert with the maritime community, has been successful thus far. Working with waterway users, the Coast Guard has produced a plan for the use of automated information system (AIS) technology. Such technology efforts should reduce the complexity and cost of a vessel traffic service by substantially reducing or eliminating the need for an extensive shoreside Coast Guard infrastructure. The Committee believes that successful implementation of the AIS approach will require Coast Guard development of performance standards, testing at appropriate high-intensity port areas, and continued dialogue with industry stakeholders regarding AIS equipment and the most effective and efficient manner to ensure the use of such systems in selected U.S. ports. Personnel management information system/joint uniform military pay system .--The Committee recommends no funding for this program, a reduction of $1,600,000 below the budget request. The Committee believes further appropriations for this new accounting system can be deferred until the Coast Guard makes a final decision on whether or not to outsource this activity. Local notice to mariners automation .--The Committee recommends $750,000 for this project, a reduction of $1,050,000 from the budget request. The Committee believes this can proceed at a slower pace due to higher priority requirements. In addition, the Committee is not yet convinced the Coast Guard has fully utilized the potential of collecting user fees for local notice to mariners information, a past recommendation of the Inspector General. Shore Facilities and Aids to Navigation Facilities The Committee recommends $59,400,000 for shore facilities and aids to navigation facilities, a reduction of $9,600,000 from the budget estimate and $7,050,000 (13 percent) above the fiscal year 1997 enacted level. Minor AC&I shore construction projects .--The Committee recommends $6,600,000, a reduction of $1,400,000 from the budget request, but an increase of 175 percent above the level provided in fiscal year 1997. The reduction is due to budget constraints. Group/Station New Orleans, LA-relocation .--The Committee recommends $8,400,000 to relocate Group/Station New Orleans to Bucktown Harbor, an increase of $4,200,000 above the budget estimate. The Committee believes this project should proceed over one year in order to provide benefits to the field sooner. The Coast Guard had proposed to finance the project over two years. To expedite the required relocation, funds are provided to complete both phases of the project. Additionally, the Committee is concerned that the existing waterway at Bucktown Harbor may be inadequate for safe and efficient current and future Coast Guard operations. Therefore, the Committee directs that $3,000,000 of these funds be used only to improve the condition of the waterway adjoining the relocation site, including dredging, bulkhead repairs and bulkhead replacement. Omega termination cost .--The Committee recommendation transfers the $6,700,000 budgeted for this activity to the Federal Aviation Administration's ``Facilities and equipment'' appropriation. Two years ago, the administration transferred the funding responsibility for Omega from the Coast Guard to the FAA. Therefore, the Committee sees no compelling reason to finance this singular project in the Coast Guard. Bayonne, NJ pier construction .--The Coast Guard requested $4,100,000 to relocate from the Marine Ocean Terminal Bayonne in New Jersey because, according to the Coast Guard, ``this pier is a valuable asset in attracting long-term commercial development to Bayonne''. However, the Coast Guard could not offer a specific schedule specifying when Coast Guard assets would need to be relocated, only stating that they would be asked to relocate ``when commercial tenants are identified''. Given higher priorities and the apparent lack of urgency, the Committee recommends deferral of this project. New London, CT-leadership development center .--The Committee recommends a reduction of $1,600,000 in this project, and directs the Coast Guard to utilize a corresponding amount in unobligated streamlining funds from the fiscal year 1996 appropriation for this project, to provide total funding at the requested level of $5,900,000. Personnel and Related Support The bill includes $47,000,000 for AC&I personnel and related support, an increase of $750,000 (1.6 percent) above the fiscal year 1997 enacted level, and the same as the budget estimate. Quarterly acquisition reports .--The Coast Guard is directed to continue submission of the quarterly acquisition reports to the House and Senate Committees on Appropriations. The Coast Guard is to continue including with each such report an up-to-date listing of unobligated balances by acquisition project and by fiscal year, a Congressional direction first implemented in fiscal year 1996. BILL LANGUAGE Disposal of real property .--The bill includes a provision first enacted in fiscal year 1996 crediting to this appropriation proceeds from the sale or lease of the Coast Guard's surplus real property. This provision was requested in the President's budget. The bill allows asset sale revenues to be credited to this appropriation as offsetting collections, but limits the amount of offsetting collections in fiscal year 1998 to $9,000,000, resulting in a corresponding savings in budget authority. The Committee bill does not include the requested directed scorekeeping language, since such language is outside the Committee's jurisdiction and is opposed by the House Budget Committee, which has jurisdiction over Congressional Budget Act matters. ENVIRONMENTAL COMPLIANCE AND RESTORATION Appropriation, fiscal year 1997 $ 22,000,000 Budget estimate, fiscal year 1998 21,000,000 Recommended in the bill 21,000,000 xlBill compared with: Appropriation, fiscal year 1997 -1,000,000 Budget estimate, fiscal year 1998 This appropriation assists in bringing Coast Guard facilities into compliance with applicable federal, state and environmental regulations; conducting facilities response plans; developing pollution and hazardous waste minimization strategies; conducting environmental assessments; and conducting necessary program support. These funds permit the continuation of a service-wide program to correct environmental problems, such as major improvements of storage tanks containing petroleum and regulated substances. The program focuses mainly on Coast Guard facilities, but also includes third party sites where Coast Guard activities have contributed to environmental problems. The recommended funding level of $21,000,000 is the same as the budget request, and $1,000,000 below the fiscal year 1997 enacted level. ALTERATION OF BRIDGES Appropriation, fiscal year 1997 $16,000,000 Budget estimate, fiscal year 1998 Recommended in the bill 16,000,000 xlBill compared with: Appropriation, fiscal year 1997 Budget estimate, fiscal year 1998 +16,000,000 The bill includes funding for alteration of bridges deemed a hazard to marine navigation pursuant to the Truman-Hobbs Act. The Committee does not agree with the approach of the administration that obstructive highway bridges and combination rail/highway bridges should be funded out of the Federal Highway Administration's discretionary bridge account. This approach is unfair to some states which, under existing highway formulas, have a more difficult time competing for discretionary bridge grants and are therefore less likely to apply. In addition, the purpose of altering these bridges is to improve the safety of marine navigation under the bridge, not to improve surface transportation on the bridge itself. Since in some cases, there are unsafe conditions on the waterway beneath a bridge which has an adequate surface or structural condition, Federal-aid highways funding is not appropriate to address the purpose of the Truman-Hobbs program. The Committee recommends $16,000,000 for two bridges which have been funded in past years, including fiscal year 1997. Both of the bridges for which funds are recommended are authorized and have been issued an order to alter by the Commandant of the Coast Guard. The Committee directs that, of the funds provided, $9,000,000 shall be allocated to the Sidney Lanier highway bridge in Brunswick, Georgia; and $7,000,000 shall be allocated to the Florida Avenue railroad/highway combination bridge in New Orleans, Louisiana. RETIRED PAY Appropriation, fiscal year 1997 $617,284,000 Budget estimate, fiscal year 1998 645,696,000 Recommended in the bill 645,696,000 xlBill compared with: Appropriation, fiscal year 1997 +28,412,000 Budget estimate, fiscal year 1998 This appropriation provides for the retired pay of military personnel of the Coast Guard and the Coast Guard Reserve. Also included are payments to members of the former Lighthouse Service and beneficiaries pursuant to the retired serviceman's family protection plan and survivor benefit plan, as well as payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act. The Committee has approved the budget estimate of $645,696,000 for this appropriation in fiscal year 1998. This compares to an appropriation of $617,284,000 for fiscal year 1997, an increase of 4.6 percent. This is scored as a mandatory appropriation in the Congressional budget process. RESERVE TRAINING Appropriation, fiscal year 1997 $65,890,000 Budget estimate, fiscal year 1998 65,000,000 Recommended in the bill 67,000,000 xlBill compared with: Appropriation, fiscal year 1997 +1,110,000 Budget estimate, fiscal year 1998 +2,000,000 This appropriation provides for the training of qualified individuals who are available for active duty in time of war or national emergency or to augment regular Coast Guard forces in the performance of peacetime missions. Program activities fall into the following categories: Initial training .--The direct costs of initial training for three categories of non-prior service trainees. Continued training .--The training of officer and enlisted personnel. Operation and maintenance of training facilities .--The day-to-day operation and maintenance of reserve training facilities. Administration .--All administrative costs of the reserve forces program. The bill includes $67,000,000 for reserve training, an increase of $1,110,000 (3 percent) above the fiscal year 1997 level. The administration requested $65,000,000, a decrease of 3 percent. Reimbursement to ``Operating expenses''. --The recommendation includes a provision in the bill limiting to $20,000,000 the amount of ``Reserve training'' funds which may be transferred to ``Operating expenses''. The budget estimated that $22,600,000 of the reserve training appropriation would be transferred to the Coast Guard's operating account to reimburse the Coast Guard for its support of the reserves. Given the relatively small amount of the reserve training appropriation and the declining size of the Selected Reserve, the Committee wants to ensure the Reserves are not assessed excessive charge-backs to the Coast Guard operating budget. The Committee believes the proposed level of reimbursement may be too high, especially given the substantial amount of reserve augmentation workhours provided by the reserves in direct support of Coast Guard missions. In fiscal year 1998, for example, the Coast Guard Reserves are expected to provide 1,095 staffyears in support of Coast Guard missions--2.7 percent of all Coast Guard staff years. The Coast Guard's planned assessment to reimburse their operating budget for reserve training activities does not adequately consider this level of cross-support provided them by the Coast Guard Reserve. Recruiting. --Of the increase provided, $1,000,000 is to augment recruiting activities of the Reserve. Coast Guard data presented to the Committee this year indicate the Reserve is not meeting its recruiting goals, and the percentage of recruits with prior military service is falling well below the service's needs. This not only reduces the size of the Reserve force, but raises costs, since recruits without prior service experience require more training. In fiscal year 1997, the Coast Guard estimated it would add 430 new recruits, compared to 227 in fiscal year 1996. However, as of mid-March 1997, the Coast Guard had signed up only 133 new reservists. In its June 17, 1997 report accompanying the National Defense Authorization Act of 1998, the Senate Committee on Armed Services noted this problem: The committee is concerned that the Coast Guard Reserve's end strength has fallen significantly below the authorized and appropriated level for fiscal year 1996 and remains so for fiscal year 1997. It is apparent that this end strength shortfall stems from difficulties in recruiting Coast Guard reservists . . . while the active duty Coast Guard exceeded 100 percent of their [recruiting] goals, only 65 percent of those needed were recruited for the reserve force in fiscal year 1996 . . . Finally, the committee notes that the Coast Guard has not applied the various bonus programs that currently exist in law to recruit reservists up to authorized and appropriated end strengths. To address these concerns, the Committee's recommendation includes an additional $1,000,000 for Reserve recruiting, raising funding for this activity from $2,066,000 to $3,066,000. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Appropriation, fiscal year 1997 $ 19,200,000 Budget estimate, fiscal year 1998 19,000,000 Recommended in the bill 19,000,000 xlBill compared with: Appropriation, fiscal year 1997 -200,000 Budget estimate, fiscal year 1998 The bill includes $19,000,000 for applied scientific research and development, test and evaluation projects necessary to maintain and expand the technology required for the Coast Guard's operational and regulatory missions. Of this amount, $3,500,000 is to be derived from the oil spill liability trust fund. This is the same as the budget request and $200,000 less than the amount provided last year. BOAT SAFETY (aquatic resources trust fund) Appropriation, fiscal year 1997 $35,000,000 Budget estimate, fiscal year 1998 \1\ Recommended in the bill 35,000,000 xlBill compared with: Appropriation, fiscal year 1997 Budget estimate, fiscal year 1998 +35,000,000 \1\President's budget requests $50,000,000 in mandatory appropriations in fiscal year 1998. The Internal Revenue Code of 1954, as amended, and the Federal Boat Safety Act of 1971, as amended, provide for the transfer of highway trust fund revenue derived from the motor boat fuel tax, excise taxes on sport fishing equipment, and import duties on fishing tackle and yachts to the aquatic resources trust fund. The Secretary of the Treasury estimates the amounts to be so transferred and appropriations are authorized from the fund for recreational boating safety assistance and other programs by the Federal Boat Safety Act of 1971 and Public Law 98-369 (the Deficit Reduction Act of 1984). These funds are used primarily to provide grants to states to help enforce boating safety laws and to expand boating education programs. The bill includes an appropriation of $35,000,000 for the boat safety program. When combined with an additional $20,000,000 in permanent indefinite appropriations from the Clean Vessel Act of 1992 (Public Law 102 587), total program funding of $55,000,000 is provided for fiscal year 1998. This is a $10,000,000 (22.2 percent) increase over the fiscal year 1997 level. This program provides between 15 and 20 percent of total boating safety expenditures when state and federal resources are combined. Once again this year, the Committee cannot support the Coast Guard's proposal to convert this program to mandatory spending. According to the National Transportation Safety Board, recreational boating accidents result in the highest number of transportation fatalities annually after highway accidents. Over 900 people are killed each year in boating accidents, and over 350,000 are injured, more than 40 percent of which require treatment beyond first aid. The number of boats, especially high speed boats, is increasing each year. The Safety Board still includes boating safety on their list of ``most wanted'' safety improvements. Annual Congressional review and direction will be needed to ensure implementation of initiatives raised in the Safety Board's earlier study as well as to continue other boating safety activities. Loss of authorized funding. --The Coast Guard has stated a concern that unless the boating safety program is funded at the authorized level, those resources are lost forever, because a provision in the authorization statute requires they be automatically reallocated to the sport fish restoration program and spent in the same fiscal year. The Committee acknowledges that this feature of the boating safety grant program is unlike the financing of other trust fund safety programs. In those cases, as with general fund authorizations, funds not appropriated remain authorized for appropriation in a future fiscal year. The Committee notes that the boating safety program is up for reauthorization in fiscal year 1998, and encourages the department and the Coast Guard to support elimination of this provision in the statute. Such a change would prevent the diversion of funds intended for boating safety programs to sport fishing activities. Discretionary grant program. --At the present time, all boating safety grant funds for this program are distributed by formula. Perhaps because of this, the Coast Guard is not active in facilitating the use of grant funds to provide incentives for poorer-performing states to make improvements in their boating programs. This is in contrast to the Federal Highway Administration, National Highway Traffic Safety Administration, Federal Transit Administration, and the Federal Aviation Administration, all of which use their discretionary grants programs to facilitate improvements in safety or capacity. The Committee believes it is time for the Coast Guard to take a more active role in promoting and shaping improvements in boating safety in the various states. The boating public looks to the Coast Guard for leadership in boating safety, and this is one way the Coast Guard can demonstrate that leadership. The Committee encourages the Coast Guard to work with the appropriate legislative committees of the Congress to support authorization of a discretionary grants component of this overall program. FEDERAL AVIATION ADMINISTRATION SUMMARY OF FISCAL YEAR 1998 PROGRAM The Federal Aviation Administration (FAA) is responsible for the safety and development of civil aviation and the evolution of a national system of airports. Most of the activities of the FAA will be funded with direct appropriations in fiscal year 1998. The grants-in-aid for airports program, however, will be financed under contract authority with the program level established by a limitation on obligations contained in the accompanying bill. The bill assumes continuation of the aviation ticket tax and other related aviation excise taxes throughout fiscal year 1998 and assumes no new user fees. The total recommended program level for the FAA for fiscal year 1998 amounts to $9,060,000,000, including a $1,700,000,000 limitation on the use of contract authority. This is $648,900,000 (7.7 percent) above the President's request and $794,088,000 (9.6 percent) above the fiscal year 1997 enacted level for similar, non-emergency activities. The following table summarizes the fiscal year 1997 program levels, the fiscal year 1998 program requests, and the Committee's recommendations: Program fiscal year-- 1997 enacted 1998 estimate 1998 recommended Operations\1\ $4,900,000,000 $5,361,100,000 $5,300,000,000 Facilities and equipment\2\ 1,790,000,000 1,875,000,000 1,875,000,000 Research, engineering and development\3\ 187,412,000 200,000,000 185,000,000 Grants-in-aid for airports (AIP) 1,460,000,000 1,000,000,000 1,700,000,000 ---------------- ---------------- ------------------ Total 8,262,412,000 8,411,100,000 9,060,000,000 \1\Excludes $57,900,000 in emergency appropriations contained in Public Law 104 208. \2\Excludes $147,700,000 in emergency appropriations contained in Public Law 104 208. \3\Excludes $21,000,000 in emergency appropriations in Public Law 104 208. STATUS OF THE AIRPORT AND AIRWAY TRUST FUND The Committee has long endeavored to match aviation trust fund spending with revenues coming into the fund. This was increasingly difficult over the 1994 1996 time period, due to Congressional caps on the amount of FAA funding which could be taken from the trust fund. Despite this, however, the Committee continues to believe that Congress should work to ensure that the aviation trust fund does not build up large balances of unobligated funds, and that the fund should be used to finance approximately 85 percent of the FAA's overall budget. Because the legislative ceiling places a priority on trust fund spending for capital programs, the Committee's recommendation to increase capital spending is expected to reduce any possible balance in the aviation trust fund. NATIONAL CIVIL AVIATION REVIEW COMMISSION On July 19, 1996, the House Committee on Appropriations proposed the establishment of a National Civil Aviation Review Commission (NCARC). The Committee's intent in this proposal was to provide ``a comprehensive, independent review of FAA safety oversight, financial prospects and options, and acquisition policy''. Establishment of this commission was later included in the FAA Reauthorization Act of 1996, and an appropriation of $2,400,000 was provided in the DOT and Related Agencies Appropriations Act, 1997. The commission is expected to report its findings in September 1997. The Committee believes the work of this high-level commission could be of significant value to the Congress as new directions are being set for aviation policy in the coming years. However, the Committee wishes to emphasize to the commission that its recommendations regarding safety oversight and improvement should be considered of equal importance to financing and airport development issues. It should be clear from last year's Committee report that a review of safety is of the utmost importance. Secondly, the Committee believes the legislative history and charter for the commission does not require development of a new financing system for the FAA, as some have suggested, but an independent review of all options--including the benefits of the current excise tax system. The Committee looks forward to receiving the work of the commission later this year. In following up on the work of the National Civil Aviation Review Commission over the coming months, and to help restore the credibility and effectiveness of the agency, the Committee encourages the new Administrator to establish an informal working group composed of former FAA Administrators to advise her and the Secretary of Transportation regarding the future direction and needed policies of the agency. The Committee believes the views of these former executives could be invaluable in helping shape the agency's future. The Committee wishes to emphasize to the new Administrator, the Secretary, and this working group that the highest priorities for their immediate attention and review are matters related to aviation safety. The Committee believes that safety must be given the highest priority in both the department and the agency to address known and potential problems. ADDITIONAL FUNDS FOR SAFETY AND CAPACITY ENHANCEMENT PROGRAMS The bill includes a total of $175,044,000, above the budget estimate, for new air traffic control equipment and systems, site preparation and installation, and research to improve aviation safety and airway capacity around the country. This represents 8.5 percent of total ATC modernization funding. Once again this year, in setting priorities for this bill the Committee has placed the strongest emphasis on maintaining, and improving wherever possible, transportation safety around the nation. This is especially true in aviation due to heightened public concern raised last year. The Committee feels strongly that additional funding emphasis should be placed on new safety-related capabilities and equipment, and is disturbed with FAA proposals to reduce funding for safety equipment and research. In some areas the FAA has even suggested that the agency might abandon its responsibility for certain systems altogether, leaving it to aviation industries and airports industries to finance the acquisition of such equipment rather than the FAA. At the same time, the agency's budget includes many low priority, non-safety items as well as funding for an organizational structure which a recent independent financial assessment called inefficient. The Committee has re-prioritized funding for individual capital programs, in order to place a higher emphasis on safety--the FAA's major mission area. The Committee also notes that over the past year the FAA has been less than diligent in meeting the Committee's direction to pursue Congressional safety improvements ``aggressively as a high priority''. In some cases, the agency has inappropriately used fiscal year 1997 funds for unapproved activities; in other cases, the agency has taken an excessive amount of time to obligate funds. The Committee will monitor this situation intently, and reiterates its expectation that the agency execute these programs in an aggressive manner. AGENCY CULTURE AND THE NEED FOR STABLE LEADERSHIP The Committee is concerned over the effects of a lack of stable, long-term leadership at the FAA and, as a result, the development of an agency culture which is resistant to change, defensive, and turf-conscious. Without stable leadership at the top of the organization, lower level agency officials make their own decisions without effective coordination or accountability. Each FAA ``line of business'' is now making its own decisions, fighting over its own turf, and when poor decisions are made, attempts are often made to cover up the problems or ignore them. Over the past few years, this has been most pronounced in the areas of acquisition and development as well as regulation and certification. Last year, at the request of this Committee the General Accounting Office completed an exhaustive analysis of the FAA's acquisition culture, to determine whether cultural influences were causing some of the agency's longstanding problems. They found that often FAA's acquisition staff emphasized self-interest over the agency's mission; established unrealistic cost and schedule estimates in order to ``sell'' new programs to their superiors; hid bad news from those higher in the organization; did not cooperate with other FAA employees; and did not take responsibility for their actions. Inspector General audits and investigative reports document aspects of this culture and its effects on the agency's programs. The former Inspector General even took the unusual step of advising the FAA Administrator last year of a ``troubling culture'' at the agency, where managers were not being held accountable for their errors. She warned, ``until senior FAA management is willing to send a different message, I suspect that the pattern of abuse we identified will, unfortunately, continue''. The FAA does not have a funding crisis. They have a crisis of management and leadership. Over many years, an organizational culture has developed which is secretive rather than open; self-interested rather than public spirited; and highly resistant to change. Given such a situation, the Committee is very encouraged that the FAA may have new, appointed leadership soon. The Committee believes it is imperative for the new administrator to place a high priority on gaining effective control of the agency and restoring morale, openness, and overall credibility to the Congress and the traveling public. OPERATIONS (Including Airport and Airway Trust Fund) Appropriation, fiscal year 1997 \1\$4,900,000,000 Budget estimate, fiscal year 1998 \2\5,336,100,000 Recommended in the bill 5,300,000,000 xlBill compared with: Appropriation, fiscal year 1997 +400,000,000 Budget estimate, fiscal year 1998 -36,100,000 \1\Excludes $2,811,301 in TASC reductions and $176,888 in reductions for bonuses and awards. Also excludes $57,900,000 in emergency appropriations provided in Public Law 104 208. \2\Includes $300,000,000 appropriation of user fees. This appropriation provides funds for the operation, maintenance, communications, and logistical support of the air traffic control and air navigation systems. It also covers administrative and managerial costs of the FAA's regulatory, airports, medical, engineering and development programs. The operations appropriation includes the following major activities: (1) operation on a 24-hour daily basis of a national air traffic control system; (2) establishment and maintenance of a national system of aids to navigation; (3) establishment and surveillance of civil air regulations to assure safety in aviation; (4) development of standards, rules and regulations governing the physical fitness of airmen as well as the administration of an aviation medical research program; (5) administration of the acquisition, research and development programs; (6) administration of the civil aviation security program; (7) headquarters, administration and other staff offices; and (8) administration of the federal grants-in-aid program for airport construction. Committee Recommendation The Committee recommends $5,300,000,000 for FAA operations, an increase of $400,000,000 (8.2 percent) above the level provided for fiscal year 1997. This compares to a level of $5,336,100,000 in the President's budget request (including user fee proposals). Of the level provided, $3,425,000,000 shall be derived from the aviation trust fund, as requested. In addition, the FAA will receive a $50,000,000 permanent user fee appropriation from overflight fees, bringing the total operating increase to 9.2 percent during fiscal year 1998. The recommendation fully funds the request for 500 additional air traffic controllers and 326 additional aviation safety inspectors and other safety oversight personnel. A breakdown of the fiscal year 1997 enacted level, the fiscal year 1998 budget estimate, and the Committee recommendation by budget activity follows: Budget activity Fiscal year-- 1997 enacted 1998 estimate 1998 recommended Air traffic services $3,801,353,000 $4,192,516,000 $4,171,707,000 Aviation regulation and certification 501,921,000 613,768,000 613,768,000 Civil aviation security 114,360,000 98,651,000 98,154,000 Administration of airports 45,051,000 48,052,000 48,052,000 Research and acquisition 85,767,000 92,858,000 92,858,000 Commercial space transportation 6,040,000 6,182,000 6,182,000 Administration 330,044,000 262,143,000 258,491,000 Staff offices 70,376,000 71,930,000 69,925,000 Account-wide adjustments -9,137,000 Adjustments (e.g., emergency appropriations, general reductions) -54,912,000 ---------------- ---------------- ------------------ Total budget 4,900,000,000 5,386,100,000 5,350,000,000 ================ ================ ================== User fee appropriation (mandatory) 50,000,000 50,000,000 Appropriation in this bill 5,336,100,000 5,300,000,000 ---------------- ---------------- ------------------ Total available funding 5,386,100,000 5,350,000,000 A summary of recommended adjustments to the budget estimate is as follows: Amount Air Traffic Services: -$6,000,000 -2,625,000 -3,659,000 -6,200,000 -2,325,000 +1,500,000 -1,500,000 Civil Aviation Security: -497,000 Administration: -1,852,000 -1,800,000 Staff Offices: -1,825,000 -180,000 Account-wide Adjustments: -5,900,000 -2,875,000 -120,000 -242,000 -36,100,000 FAA FUNDING SITUATION Over the past three years, the Department of Transportation and the FAA have suggested that the Congressional budget process might be unable to provide funding for the FAA's true needs over the 1997 2002 time frame. In response to this and other concerns, Congress called for an independent assessment of FAA's long-term finances last year. The independent assessment of FAA's financial situation concluded that: (1) With little or no change in FAA's operations, the agency's estimate of their long-term funding requirement is reasonable; and (2) Significant opportunities for cost savings and efficiencies exist in the FAA today, and should be taken advantage of. After reviewing this report and other information submitted by the FAA, the Committee does not believe the Congressional budget process is inherently or structurally incapable of providing adequate resources for the FAA. The resources in this bill confirm that the Congress can provide significantly increasing resources for the FAA, even as continued progress is made toward eliminating the federal deficit. In this bill, appropriations for FAA's air traffic operations increase approximately 10 percent--far beyond the estimated rate of increase in aviation activity. Grants for improvements at our nation's airports are increased by 16 percent, and 70 percent above the administration's request. Funding for FAA air traffic control capital programs are above the fiscal year 1997 level as well. In recommending such a large percentage increase in the agency's operating budget, the Committee hopes the FAA will leverage this increase by making structural and process changes in the agency to improve productivity and reduce waste, as suggested in the independent assessment. The independent assessment concluded that even a 10 percent improvement in air traffic productivity would save the agency $21,000,000 a year in operating costs, and recommended the FAA Administrator mandate that FAA's Productivity Working Group establish specific goals and expectations in this area. They noted ``air traffic control operations costs continue to increase faster than the demand for FAA air traffic control services''. The head of FAA's Air Traffic Service even said the following before the Committee this year: ``Are there things that we can do to improve the productivity? Absolutely''. However, currently the FAA's budget assumes no air traffic control productivity improvements in the 1998 2000 time period, while projecting large workforce growth over those years. Similarly, the independent assessment of FAA concluded ``the potential for efficiency savings through the realignment of the FAA, both at the headquarters and the regional level, is significant''. The Acting IG testified before the Committee ``there are a lot of opportunities for them [the FAA] to reduce their operating costs''. The Acting Administrator even testified, ``I would agree that there are certainly opportunities for savings by taking a look at the overhead costs * * * certainly there are opportunities there, yes''. The head of air traffic added, ``I have worked for the FAA for 24 years now, and for all of those years it has been clear to me that there are enormous efficiencies that we could gain through looking at our regional structure''. The Committee will do its part--and the FAA should match that by aggressively eliminating inefficiencies and waste, by streamlining and consolidating its organizational structure, and by improving productivity. USER FEES The bill assumes the collection of no additional user fees in fiscal year 1998 that were not in effect during fiscal year 1997 and includes a provision prohibiting funds in this Act from being used to plan or promulgate any regulation to institute any new user fee not specifically authorized by law after the date of enactment of this Act. The bill assumes the FAA will collect approximately $100,000,000 during fiscal year 1998 from overflight user fees, and that $50,000,000 of that amount will be used to finance the essential air service and rural airport programs, as authorized last year. The Committee has not approved the FAA's proposed appropriation of $300,000,000 in new user fees, but instead provides those funds as a direct appropriation. Although the FAA testified this year that such fees would be ``a reasonable and proactive step towards ensuring a reliable revenue stream'', the agency later offered testimony indicating the unreliability of such fee collections. The Acting Administrator stated, ``The $300,000,000 translates roughly into about 4,000 jobs, so to the extent that we do not have all of the $300,000,000, we would be looking at a budget shortfall certainly, and then we would have to start making the hard decisions''. The Committee believes the FAA provides critical safety services to the traveling public. Subjecting the provision of these services to the uncertainties of user fee collections, possible court injunctions, and legislative exemptions for one class of user or another would lead to a financing nightmare for the agency and for the traveling public. There are other concerns with the user fee proposal as well: (1) at least one of the proposed fees does not appear to meet existing criteria that such fees be directly related to the service performed by the agency; (2) the agency itself did not request such a rapid imposition of fees, but was directed to do so by higher authorities in the administration; (3) the agency's cost accounting system is unable to reasonably assure that fees collected will be related to specific services provided; (4) the theory behind the fee proposal is based, in part, on the industry's willingness to pay, which raises concerns about fairness in a monopoly service such as air traffic control; (5) the FAA does not track all staffing at the facility level, which raises questions about their ability to properly assign costs to airway system users; and (6) such a financing arrangement would set a wide-ranging precedent visible to other federal agencies whose ultimate effect on the provision of government services is unknown. In summary, the Committee is unclear whether enactment of the user fee proposal would serve the purpose of efficiency in government. Therefore, the Committee cannot support the FAA user fee proposal. The Committee's specific recommendations by budget activity are discussed below. AIR TRAFFIC SERVICES The Committee recommends $4,171,707,000 for air traffic services, an increase of $370,354,000 (9.7 percent) above the fiscal year 1997 enacted level. The recommendation provides a net increase of 500 air traffic controller positions and 607 additional staffyears. The recommendation also provides an increase of $85,588,000 (10.4 percent) in field maintenance. The Committee believes substantial increases are needed as air traffic activity continues to increase, and as FAA struggles to maintain both old and modernized air traffic control systems simultaneously. The following chart compares the 9.7 percent increase in the bill for air traffic service funding to the projected percentage increases in several commonly used measures of aviation activity. As the chart indicates, the FAA's air traffic budget will rise in fiscal year 1998 at a substantially greater rate than aviation activity. The Committee believes this ensures adequate resources to accommodate rising air travel, provides a margin for future traffic growth, and provides increased resources for technical training of air traffic controllers and other personnel. Measure Fiscal year-- Percent change 1997 1998 Air traffic services budget $3,801,353,000 $4,171,707,000 +9.7 IFR aircraft handled at centers 40,900,000 41,800,000 +2.2 IFR operations at airports 46,800,000 47,400,000 +1.3 VFR operations at airports 6,000,000 4,700,000 -21.6 Operations per center controller 5,298 5,180 -2.2 Flight services per employee 9,841 9,932 +0.9 Operational errors.-- The Committee is pleased that both the number and rate of operational errors among air traffic controllers at en route centers continued to decrease in fiscal year 1996, after increasing in the 1992 1994 time period. While most facilities showed declines in their error rates, the FAA is encouraged to investigate thoroughly the causes for error at those facilities which showed error rate increases during fiscal year 1996 and thus far in fiscal year 1997. The Committee will monitor this situation to ensure that a high and consistent level of safety is maintained over the entire country. Adjustments to the budget estimate are as follows: Hazardous materials (HAZMAT)/safety. --The FAA proposed a $6,000,000 (240 percent) increase to raise the level of effort in a project titled ``HAZMAT/safety''. However, according to budget justification material, this should more appropriately be classified as environmental and OSHA-related work. For example, the budget includes $1,000,000 to train FAA personnel in the proper application of herbicides and pesticides and $600,000 for travel, to help FAA field personnel better understand energy conservation techniques. While the Committee has no objection to this type of activities per se, given budget constraints it is hard to justify a 240 percent increase. The Committee recommendation holds these activities to the fiscal year 1997 level, a reduction of $6,000,000 from the budget estimate. Air traffic system requirements service. --The recommendation reduces funding for this office by $2,625,000. The Committee believes this relatively new office of 209 staff is unusually top-heavy and has a large number of vacant positions. The recommendation eliminates the 26 positions currently vacant and assumes that positions vacated during the year would not be backfilled. This results in savings of 35 positions, a reduction in staffing of 16.7 percent. Contract maintenance. --The Committee continues to believe that the FAA could be more efficient with its scarce resources if in-house maintenance personnel were utilized to a greater percent, relative to contract maintenance. The President's budget proposed an increase of $24,396,000 (21 percent) in contract maintenance. The Committee bill assumes a fifteen percent savings in this work if conducted in-house, a savings of $3,659,000 from the budget estimate. Leased telecommunications.-- The Committee's proposed reduction of $6,200,000 reflects the fact that FAA has not utilized all of the appropriation for this activity in either of the past two fiscal years, yet is requesting a 5.2 percent increase in such expenses for fiscal year 1998. The recommendation allows an increase of 3 percent. Associate administrator for air traffic services, headquarters staffing.-- The Committee recommends a reduction of $2,325,000 for this office, to be allocated as follows: Office Budgeted FTE Recommended FTE Difference Director's office 18 14 -4 Air traffic plans and requirements 86 75 -11 Director of airways facilities 46 35 -11 NAS transition office 30 25 -5 The Committee has endeavored, wherever possible, to find savings in administrative areas in order to fully support the requested increases in safety-related positions. The Committee believes the agency can accommodate these small reductions in headquarters without impact on the provision of services to the public. Mid-America aviation resource consortium.-- The Committee expects the FAA to continue the agency's commitment to the Mid-America Aviation Resource Consortium (MARC) in Minnesota, and has included $1,500,000 in the bill for this purpose. These funds are to be used in Minnesota to support the air traffic controller training program, to continue research and curriculum development for the FAA, to follow up on MARC graduates, and to develop other materials as needed for FAA-related projects. The Committee also directs the FAA to continue the current contractual relationship with MARC, as prescribed by law. The Committee continues to be concerned about the FAA's ability to develop an effective, long-term plan for training en route controllers and determining controller staffing needs. MARC has a successful record in placing its graduates directly in the field, and the Committee both supports and encourages this cost-effective manner of training. Permanent change of station moves, air traffic.-- The Committee recommendation allows $14,200,000 compared to the budget request of $15,700,000. The recommendation allows an increase of 446 percent above the level estimated for fiscal year 1997 compared to a 504 percent increase assumed in the budget estimate. Cherry Capital Airport study, Michigan.-- The Committee understands that the FAA prepared in 1994 and in 1996 studies of the operations at the Cherry Capital Airport in Michigan that produced significantly different estimates of the costs and benefits of installing radar equipment at the airport. The Committee directs the General Accounting Office to review the FAA's 1994 and 1996 ASR Critical Values studies on Cherry Capital Airport, and to report to the House and Senate Committees on Appropriations within thirty days on the validity of the FAA's estimates of forecasted operations at the airport, and the costs and benefits of installing improved radar equipment at that site. National weather service staff at en route centers.-- The Committee recommendation includes $8,374,000 to retain the services of National Weather Service personnel at FAA en route centers, an increase over the $8,052,000 provided for fiscal year 1997. This is the same as the budget request. Sick leave.-- The Committee notes that the controller workforce consumes sick leave at a rate approximately 25 percent higher than the government-wide average and 48 percent higher than the rest of the FAA. The average controller consumes 11.1 days per year of sick leave, compared to an aviation safety inspector, who consumes 5.9 days. The Committee encourages the FAA to investigate the causes of these differences and consider innovative ways to reduce sick leave consumption, such as leave pooling, without undermining the legitimate needs of its workforce. ATC staffing needs.-- The Committee is concerned about a recent finding of the General Accounting Office that the FAA may be overstating its true needs for air traffic controllers in future years. This appears to confirm a finding of the independent assessment that there is a ``high likelihood'' FAA has overstated its future air traffic workload. Given the significant budgetary impact of findings in this area and the need to ensure adequate staffing for air traffic control facilities, the Committee urges the FAA to analyze these concerns and ensure that future staffing requests are fully justified. Aviation Regulation And Certification The Committee recommends $613,768,000 for aviation regulation and certification, the same as the budget request and an increase of $111,847,000 (22.3 percent) above the fiscal year 1997 enacted level. The recommendation funds 5,882 staff years, an increase of 481 (8.9 percent) above fiscal year 1997. The bill fully funds all requested position increases, including airworthiness inspectors (+117), airline operations inspectors (+118), safety-related technical support staff (+68), and manufacturing certification inspectors (+6). The Committee agrees that this additional staffing is needed, even considering the significant increases in staffing provided over the past three years. Certification of commercial cargo aircraft.-- The Committee is aware of efforts to introduce certain commercial cargo aircraft into the heavy, outsize transportation market. The Committee recommends that all regulatory efforts be made to support the employment of such aircraft's full range of capabilities which have commercial market value. Because this technology is different from other commercial transport aircraft,