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49 926 105 th Congress Report HOUSE OF REPRESENTATIVES 2d Session 105 648 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 1999 July 24, 1998.--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. 4328] 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, 1999. INDEX TO BILL AND REPORT Page number Bill Report Narrative summary of Committee action 2 Program, project, and activity 5 Title I--Department of Transportation: Office of the Secretary 2 5 Coast Guard 6 19 Federal Aviation Administration 11 43 Federal Highway Administration 17 80 National Highway Traffic Safety Administration 19 101 Federal Railroad Administration 22 111 Federal Transit Administration 26 122 Saint Lawrence Seaway Development Corporation 35 168 Research and Special Programs Administration 36 169 Office of Inspector General 38 174 Surface Transportation Board 38 174 Title II--Related Agencies: Architectural and Transportation Barriers Compliance Board 39 176 National Transportation Safety Board 39 176 Title III--General Provisions 40 178 House Report Requirements: Appropriations not authorized by law 189 Changes in existing law 184 Comparison with budget resolution 189 Constitutional authority 180 Financial assistance to state and local governments 190 Five-year projections of outlays 190 Ramseyer 181 Rescissions 180 Transfers of funds 181 Tabular summary of the bill 192 SUMMARY AND MAJOR RECOMMENDATIONS OF THE BILL The accompanying bill would provide $13,735,899,900 in new budget (obligational) authority for the programs of the Department of Transportation and related agencies, an increase of $276,728,900 above the $13,459,171,000 requested in the budget. In total, the bill includes obligational authority (new budget authority, guaranteed obligations contained in the Transportation Equity Act for the 21st Century (TEA21), limitations on obligations, and exempt obligations) of $46,891,913,900. This is $4,767,529,134 more than the comparable fiscal year 1998 enacted levels and $3,878,791,043 more than the budget request. Selected major recommendations in the accompanying bill are: (1) An appropriation of $7,677,558,000 for the Federal Aviation Administration, an increase of $275,964,000 above the fiscal year 1998 level; (2) A provision providing for $1,800,000,000 for grants-in-aid for airports, an increase of $100,000,000 over the fiscal year 1998 level and the budget request; (3) An appropriation of $2,700,000,000 for operating expenses of the Coast Guard, including $406,000,000 for counter-drug activities (an increase of $40,000,000 or 11 percent) above the fiscal year 1998 level; (4) An appropriation of $609,230,000 for grants to the National Railroad Passenger Corporation (Amtrak), to cover capital expenses; (5) An appropriation of $50,000,000 to complete the construction of the 103-mile Washington, D.C. metrorail system; (6) A total of $73,230,900 for the office of the secretary, $4,993,100 below fiscal year 1998 and $5,175,100 below the budget request; (7)Highway program obligation limitations of $25,511,000,000, consistent with provisions of TEA21, and $4,011,000,000 over fiscal year 1998; and (8) Transit program obligation limitations of $5,365,000,000 consistent with provisions of TEA21, and $521,262,000 over fiscal year 1998. THE EFFECT AND IMPLEMENTATION OF THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY Over the objections of the House and Senate Committees on Appropriations and the House and Senate Budget Committees, the Transportation Equity Act for the 21st Century (TEA21) amended the Budget Enforcement Act to provide two new additional spending categories or ``firewalls'', the highway category and the mass transit category. The highway category is comprised of all funding for federal-aid highways, motor carrier safety programs, highway safety grants, and highway safety research and development programs. The highway category obligations are capped at $25,883,000,000 and outlays are capped at $21,885,000,000 in fiscal year 1999. If appropriations action forces highway obligations or outlays to exceed these levels, the difference is charged against the non-defense discretionary spending category. Likewise, the transit category is comprised of funding for transit formula grants, transit capital projects, Federal Transit Administration administrative expenses, transit planning and research programs, and university transportation research. The mass transit category obligations are capped at $5,365,000,000 and outlays are capped at $4,401,000,000 in fiscal year 1999. Any additional appropriated funding above the levels specified as guaranteed for each transit program in TEA21 (that which could be appropriated from general funds authorized under section 5338(h) of TEA21) is charged to the non-defense discretionary category. These ``firewalls'' make it virtually impossible for the Appropriations Committee to make downward adjustments to those funding levels in the annual appropriations process over the next five years. This Committee argued that providing large increases for those programs, and guaranteeing those amounts through firewall mechanisms and points of order in the House, essentially created mandatory appropriations within the discretionary caps, which would undermine Congressional flexibility to fund other equally important programs. As a result, of the $46,891,913,900 of budgetary resources provided in this bill, nearly 70 percent, is not controlled by annual appropriations Acts but is predetermined by TEA21. The remaining $14,800,000,000 includes appropriations and budgetary resources principally for the National Railroad Passenger Corporation (Amtrak), the U.S. Coast Guard, the Federal Aviation Administration, the offices of the secretary, the Research and Special Programs Administration, and a number of smaller independent agencies. These appropriations are currently controlled by annual appropriations action. The Committee has worked hard in this new environment to produce a balanced bill, which provides adequately for all modes of transportation. The transportation subcommittee has been allocated a 7.4 percent increase ($2.8 billion) in outlays for the coming fiscal year, while the non-defense discretionary budget as a whole is at a hard freeze. Clearly, this increase will cause non-transportation programs all across the government to be under more severe budget pressures, in order to keep the overall budget in balance. However, the effect of the firewalls also leaves its mark on those transportation programs and activities not covered within the surface transportation guarantees--most notably the Coast Guard and the Federal Aviation Administration. Since the highway and transit guarantees consume the full 7.4 percent increase provided to the Subcommittee, other agencies in the bill must compete for leftover funding, which is essentially at a hard freeze. The FAA and the Coast Guard together requested an increase of almost $600,000,000 in fiscal year 1999 outlays. Although reasonable, this level of funding is simply not possible because of the firewalls, resulting in a Committee bill approximately $250,000,000 below the request for these safety-related agencies. Since the Subcommittee is required to allocate all of its increased resources to firewalled programs, these other agencies will continue to feel the budgetary pressures. The Committee has done the best it can considering the new firewalls. However, the Committee is concerned that this new legislation skews transportation priorities inappropriately, by providing a banquet of increases to highway and transit spending while leaving safety-related agencies such as the Coast Guard and FAA to scramble for the remaining crumbs. In addition, high priority policy initiatives such as increased funding for drug interdiction could not be fully funded without offsetting cuts in Coast Guard spending because of the firewalls. The Committee continues to believe that safety should remain the Federal Government's highest responsibility in the transportation area. Were it not for the firewalls, a portion of the generous 7.4 percent increase could have been allocated to improvements in aviation or maritime safety, and more could have been done to fight the menace of illegal drug trafficking, while still providing significant increases in highway and transit programs. The Committee has also been unable to consider increases above the guaranteed levels for highways and transit programs, because it would have required even further reductions in critical FAA and Coast Guard programs. TABULAR SUMMARY A table summarizing the amounts provided for fiscal year 1998 and the amounts recommended in the bill for fiscal year 1999 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 1999. These hearings are contained in seven 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 1999 have been developed after careful consideration of all the information available to the Committee. PROGRAM, PROJECT, AND ACTIVITY During fiscal year 1999, 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 capital investment 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 the committee of conference. SAFETY PROGRAMS In this bill, the Committee has worked hard to protect funding for essential safety-related programs of the Department of Transportation and the independent agencies. This has been difficult, but not impossible, given the budget constraints faced by the Federal Government this year. In some cases, funds have been added to the administration's request for safety-related activities. However, if, in the judgment of departmental 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 1998\1\ $61,000,000 Budget estimate, fiscal year 1999 61,930,000 Recommended in the bill\2\ (57,979,900) xlBill compared with: Appropriation, fiscal year 1998 -3,020,100 Budget estimate, fiscal year 1999 -3,950,100 \1\Excludes reductions of $343,000 for TASC. \2\Total amount appropriated in separate accounts. The bill provides a total program level of $57,979,900 for the salaries and expenses of the various offices comprising the Office of the Secretary. This year, however, the Committee has not approved the consolidated appropriations request for the various offices within the office of the secretary. Specific program recommendations are discussed in this report under the individual appropriations accounts. Congressional justifications .--The Committee was displeased with the untimely submission of the department's fiscal year 1999 congressional justifications. While other executive departments are able to submit their congressional justifications concurrent with the official submission of the President's budget to Congress, the department has not been able to do the same. Therefore, the Committee directs the department to submit all of the department's fiscal year congressional justifications on the first Monday in February, concurrent with the official submission of the President's budget to Congress. Moreover, the department is directed to submit its fiscal year 2000 congressional justification materials for the salaries and expenses of the office of the secretary at the same level of detail provided in the congressional justifications presented in fiscal year 1994. Staffing levels .--The offices comprising the offices of the secretary are directed not to fill any positions in fiscal year 1998 that are currently vacant, particularly if such vacancies are proposed in this Act for elimination in fiscal year 1999 and not to fill those positions in 1998 unless the statement of managers accompanying the conference report for this bill specifically references the individual positions being restored. The Committee has endeavored to eliminate various positions that the department had indicated were vacant at the time the Committee was finalizing its recommendations. It is the intent of the Committee to avoid any reductions in force and the Committee intends to work with the department as the final conference report is developed to avoid serious personnel disruptions. Travel .--The Committee directs that travel funds appropriated for offices of the secretary shall not be supplemented with funds from other elements of the department excluding those related to the use of military aircraft. 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 1999 is 88 personnel, which is 19 below the ceiling enacted in fiscal year 1998 and the same level as on board at the end of fiscal year 1997. The Committee notes that the department had only 77 political and presidential appointees on board this spring, and at no time since 1991 have such positions exceeded 100. The bill specifies that no political or presidential appointee may be detailed outside the Department of Transportation. Advisory committees .--The Committee has continued bill language that was included in past Department of Transportation and Related Agencies Appropriations Acts which limit the funds used for advisory committees of the Department of Transportation. The budget requested that the limitation be deleted. IMMEDIATE OFFICE OF THE SECRETARY Appropriation, fiscal year 1998\1\ ($1,916,300) Budget estimate, fiscal year 1999\2\ (1,988,800) Recommended in the bill 1,623,800 xlBill compared with: Appropriation, fiscal year 1998 -292,500 Budget estimate, fiscal year 1999 -365,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Immediate Office of the Secretary has the primary responsibility to provide overall planning, direction, and control of departmental affairs. The Committee recommends an appropriation of $1,623,800 for expenses of the Immediate Office of the Secretary, which represents a reduction of $292,500 from comparable levels provided for fiscal year 1998, and $365,000 below the budget request. The recommendation assumes the following staffing and other reductions: Eliminate 1 staff assistant -$100,000 Eliminate 1 deputy chief of staff -150,000 Disallow printing costs related to Garrett A. Morgan technology and transportation futures program -15,000 Reduction in travel costs -100,000 Eliminate various staff positions .--The Committee recommendation assumes the elimination of one staff assistant position and one deputy chief of staff. The Committee believes that these positions can be eliminated without affecting the core responsibilities, duties and functions of the department or the office of the secretary. In light of other downsizing and staff reductions planned by the department and recommended by the Committee, the office of the secretary should set the example for the department. Disallow printing costs related to Garrett A. Morgan technology and transportation futures program .--The Committee has not provided $15,000 requested to print documents related to the Garrett A. Morgan program, a program that seeks to encourage minority students to pursue transportation careers. Funds for this activity are included within the $200,000 provided to RSPA for the Garrett A. Morgan program in fiscal year 1999. Reduction in travel costs .--The Committee recommends that travel expenses of the immediate office of the secretary be reduced by $100,000. Travel expenses of this office have increased by almost 70 percent in one year, far in excess of the rate of inflation. Increases in travel of this magnitude are not justified. The Committee recommendation will provide a total of $160,000 for travel in fiscal year 1999, the same level as approved by the Congress in fiscal year 1998. In light of other downsizing and staff reductions planned by the department and recommended by the Committee, the office of the secretary should set an example of economy for the department. IMMEDIATE OFFICE OF THE DEPUTY SECRETARY Appropriation, fiscal year 1998\1\ ($554,700) Budget estimate, fiscal year 1999\2\ (595,900) Recommended in the bill 585,000 xlBill compared with: Appropriation, fiscal year 1998 +30,300 Budget estimate, fiscal year 1999 -10,900 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Immediate Office of the Deputy Secretary has the primary responsibility to assist the Secretary in the overall planning, direction and control of departmental affairs. The Committee recommends an appropriation of $585,000 for expenses of the office of the deputy secretary, which represents an increase of $30,300 from comparable levels provided for fiscal year 1998, and $10,900 below the budget request. The recommendation assumes a staffing level of 7 full time equivalent positions and the following reduction: Reduction in travel costs -$10,900 Reduction in travel costs .--The Committee recommends that travel expenses of the immediate office of the deputy secretary be reduced by $10,900. Travel expenses of this office have increased by over 130 percent since 1995 and almost 63 percent since 1996, far in excess of the rate of inflation. This reduction will provide a total of $15,100 for travel in fiscal year 1999, the same level as provided in fiscal year 1996. In light of other downsizing and staff reductions planned by the department and recommended by the Committee, the immediate offices of the secretary and deputy secretary should set the example of economy for the department. OFFICE OF THE GENERAL COUNSEL Appropriation, fiscal year 1998\1\ ($8,745,800) Budget estimate, fiscal year 1999\2\ (9,195,000) Recommended in the bill 8,895,000 xlBill compared with: Appropriation, fiscal year 1998 +149,200 Budget estimate, fiscal year 1999 -300,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of the General Counsel provides legal services to the Office of the Secretary and coordinates and reviews the legal work of the chief counsels' offices of the operating administrations. The Committee recommends an appropriation of $8,895,000 for expenses of the office of general counsel, which represents an increase of $149,200 from comparable levels provided for fiscal year 1998, and $300,000 below the budget request. The recommendation assumes the elimination of 3 attorney advisors (-$300,000). OFFICE OF THE ASSISTANT SECRETARY FOR POLICY Appropriation, fiscal year 1998\1\ ($2,795,500) Budget estimate, fiscal year 1999\2\ (2,767,200) Recommended in the bill 2,667,200 xlBill compared with: Appropriation, fiscal year 1998 -128,300 Budget estimate, fiscal year 1999 -100,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Assistant Secretary for Policy is the chief domestic policy officer of the department and is responsible to the Secretary for analysis, development, communication and review of policies and plans for domestic transportation issues. The Committee recommends an appropriation of $2,667,200 for expenses of the office of the assistant secretary for policy, which represents a reduction of $128,300 from comparable levels provided for fiscal year 1998, and $100,000 below the level requested in the budget. The recommendation assumes the elimination of 2 policy analysts (-$100,000). OFFICE OF THE ASSISTANT SECRETARY FOR AVIATION AND INTERNATIONAL AFFAIRS Appropriation, fiscal year 1998\1\ ($7,554,300) Budget estimate, fiscal year 1999\2\ (7,427,200) Recommended in the bill 7,002,200 xlBill compared with: Appropriation, fiscal year 1998 -552,100 Budget estimate, fiscal year 1999 -425,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Assistant Secretary for Aviation and International Affairs is responsible for administering economic regulatory functions regarding the airline industry and provides departmental leadership and coordination on international transportation policy issues relating to maritime, trade, technical assistance and cooperative programs. The Committee recommends an appropriation of $7,002,200 for expenses of the office of the assistant secretary for aviation and international affairs, which represents a reduction of $552,100 from comparable levels provided for fiscal year 1998, and $425,000 below the level requested in the budget. The recommendation assumes the following staffing reductions: Eliminate 4 transportation industry analysts -$300,000 Eliminate 1 special assistant -125,000 OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS Appropriation, fiscal year 1998\1\ ($6,119,800) Budget estimate, fiscal year 1999\2\ (6,464,300) Recommended in the bill 6,069,300 xlBill compared with: Appropriation, fiscal year 1998 -50,500 Budget estimate, fiscal year 1999 -395,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Assistant Secretary for Budget and Programs is responsible for developing, reviewing and presenting budget resource requirements for the department to the Secretary, Congress and the Office of Management and Budget. The Committee recommends an appropriation of $6,069,300 for expenses of the office of the assistant secretary for budget and programs, which represents a decrease of $50,500 from comparable levels provided for fiscal year 1998, and $395,000 below the budget request. The recommendation assumes the following reductions: Disallow increase in reception and representation costs -$20,000 Eliminate 1 staff accountant and 1 program analyst -175,000 General reduction due to budget constraints -200,000 Disallow increases in reception and representation costs .--The Committee has not provided an increase of $20,000 for additional reception and representation activities. This request has been rejected for the past several years. In light of significant staffing reductions and budget constraints, approving additional appropriations for reception and representation cannot be justified. OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS Appropriation, fiscal year 1998\1\ ($1,873,000) Budget estimate, fiscal year 1999\2\ (1,940,600) Recommended in the bill 1,672,000 xlBill compared with: Appropriation, fiscal year 1998 -201,000 Budget estimate, fiscal year 1999 -268,600 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of the Assistant Secretary for Governmental Affairs is responsible for coordinating all Congressional, intergovernmental, and consumer activities of the department. The Committee recommends an appropriation of $1,672,000 for this office, which represents a decrease of $201,000 from the comparable 1998 level and a decrease of $268,600 from the budget request. The recommendation assumes a staffing level of 22 full time equivalent positions, one fewer than provided in fiscal year 1998 and requested in the budget. The recommendation assumes the following reductions: Eliminate deputy assistant secretary for governmental affairs -$150,000 General reduction due to budget constraints -100,000 Travel reductions -18,600 OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION Appropriation, fiscal year 1998\1\ ($20,137,200) Budget estimate, fiscal year 1999\2\ (20,213,100) Recommended in the bill 19,147,100 xlBill compared with: Appropriation, fiscal year 1998 -990,100 Budget estimate, fiscal year 1999 -1,066,000 \1\Appropriated within the consolidated salaries and expenses account and includes reduction of $343,000 for TASC and carryover of $505,900. \2\Requested in the consolidated salaries and expenses account. The Office of the Assistant Secretary for Administration is responsible for coordinating, overseeing and conducting various accounting, procurement, personnel management, and ADP operations of the department. The Committee recommends an appropriation of $19,147,100 for expenses of the office of the assistant secretary for administration, which represents a reduction of $990,100 from comparable levels provided for fiscal year 1998, and $1,066,000 below the budget request. The recommendation assumes the following reductions: Disallow increase in travel expenses -$16,000 Eliminate 3 positions (1 budget analyst, 1 program analyst, 1 procurement analyst) -300,000 Eliminate 10 procurement analysts from the office of acquisition -750,000 Eliminate 3 positions .--The Committee recommendation eliminates three positions within the office of administration: 1 budget analyst, 1 program analyst, and 1 procurement analyst. These positions are currently vacant and there does not appear to be any plan to fill them. Eliminate 10 procurement analysts from the office of acquisition .--The Committee recommendation reduces by 10 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 initiatives, 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. OFFICE OF PUBLIC AFFAIRS Appropriation, fiscal year 1998\1\ ($1,746,600) Budget estimate, fiscal year 1999\2\ (1,752,600) Recommended in the bill 1,377,600 xlBill compared with: Appropriation, fiscal year 1998 -369,000 Budget estimate, fiscal year 1999 -375,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of Public Affairs is responsible for news releases, articles, fact sheets, briefing materials, publications, and audio-visual materials of the department. The Committee recommends an appropriation of $1,377,600 for expenses of the office of public affairs, which represents a reduction of $369,000 from comparable levels provided for fiscal year 1998, and $375,000 below the budget request. The recommendation assumes the following reductions: Eliminate public affairs associate director of speechwriting and research -$125,000 Eliminate 2 public affairs specialists -100,000 Eliminate special assistant to the associate director -125,000 Eliminate various positions .--The Committee recommends elimination of four positions within the office of public affairs. In light of budget constraints and other government downsizing, public affairs operations not critical to the department can be reduced without significantly affecting the core responsibilities of the office of the secretary. EXECUTIVE SECRETARIAT Appropriation, fiscal year 1998\1\ ($1,088,500) Budget estimate, fiscal year 1999\2\ (1,046,900) Recommended in the bill 1,046,900 xlBill compared with: Appropriation, fiscal year 1998 -41,600 Budget estimate, fiscal year 1999 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Executive Secretariat assists the Secretary and Deputy Secretary in carrying out their management functions and responsibilities by controlling and coordinating internal and external written materials. The Committee recommends an appropriation of $1,046,900 for expenses of the office of the executive secretariat, which represents a reduction of $41,600 from comparable levels provided for fiscal year 1998, and the same level as the budget request. The recommendation assumes a staffing level of 15 full time equivalent (FTE) positions, the same level as the budget request and a reduction of one FTE from fiscal year 1998. BOARD OF CONTRACT APPEALS Appropriation, fiscal year 1998\1\ ($480,700) Budget estimate, fiscal year 1999\2\ (675,500) Recommended in the bill 675,500 xlBill compared with: Appropriation, fiscal year 1998 +194,800 Budget estimate, fiscal year 1999 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Board of Contract Appeals provides an independent forum for considering all contract-related claims by or against a contractor involving any element of the department. The Committee recommends an appropriation of $675,500 for expenses of the board of contract appeals, which represents an increase of $194,800 from comparable levels provided for fiscal year 1998, and the same level as the budget request. The recommendation assumes a staffing level of 6 full time equivalent positions, the same level as in fiscal year 1998 and requested in the budget. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION Appropriation, fiscal year 1998\1\ ($1,053,600) Budget estimate, fiscal year 1999\2\ (909,200) Recommended in the bill 839,200 xlBill compared with: Appropriation, fiscal year 1998 -214,400 Budget estimate, fiscal year 1999 -70,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of Small and Disadvantaged Business Utilization is responsible for promoting small and disadvantaged business participation in the department's procurement and grants programs. The Committee recommends an appropriation of $839,200 for expenses of the office of small and disadvantaged business utilization, which represents a reduction of $214,400 from comparable levels provided for fiscal year 1998, and $70,000 below the budget request. The recommendation assumes the elimination of one financial analyst. Small business procurements. --The Committee encourages the department to increase small business procurement opportunities arising from projects that involve federal funding. Outreach and assistance to minority, women-owned and disadvantaged businesses should be promoted to increase participation in the department's procurements. The Committee recommends that a focused effort be made to increase the opportunity and participation of small businesses in DOT-related procurements. OFFICE OF INTELLIGENCE AND SECURITY Appropriation, fiscal year 1998\1\ ($1,025,000) Budget estimate, fiscal year 1999\2\ (1,036,100) Recommended in the bill 961,100 xlBill compared with: Appropriation, fiscal year 1998 -63,900 Budget estimate, fiscal year 1999 -75,000 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of Intelligence and Security was created during fiscal year 1990 to address transportation intelligence and security issues. The primary purposes of the office are to provide intelligence and security oversight of the operating administrations to increase the safety and security of the traveling public, and to provide the Secretary and Deputy Secretary with current intelligence and security information, with special emphasis on potential or actual terrorist threats to transportation interests. The Committee recommends an appropriation of $961,100 for expenses of the office of intelligence and security, which represents a decrease of $63,900 from comparable levels provided for fiscal year 1998, and $75,000 below the level in the budget request. The recommendation assumes elimination of one transportation security specialist. OFFICE OF THE CHIEF INFORMATION OFFICER Appropriation, fiscal year 1998\1\ ($4,777,700) Budget estimate, fiscal year 1999\2\ (4,874,600) Recommended in the bill 4,400,000 xlBill compared with: Appropriation, fiscal year 1998 -377,700 Budget estimate, fiscal year 1999 -474,600 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. The Office of the Chief Information Officer serves as the principal advisor to the Secretary on matters involving information resources and information systems management, including responsibility over the Federal Aviation Administration's Year 2000 compliance efforts. The Committee recommends an appropriation of $4,400,000 for expenses of the office of the chief information officer, which represents a reduction of $377,700 from comparable levels provided for fiscal year 1998, and $474,600 below the budget request. The recommendation assumes a staffing level of 14 full time equivalent positions, the same level as provided in fiscal year 1998 and requested in the budget. The recommendation includes $200,000 for tracking, renovation and validation of the department's Year 2000 efforts and reductions in other services due to outlay constraints (-$474,600). OFFICE OF INTERMODALISM Appropriation, fiscal year 1998\1\ ($1,294,200) Budget estimate, fiscal year 1999\2\ (1,041,900) Recommended in the bill 1,018,000 xlBill compared with: Appropriation, fiscal year 1998 -276,200 Budget estimate, fiscal year 1999 -23,900 \1\Appropriated within the consolidated salaries and expenses account. \2\Requested in the consolidated salaries and expenses account. Congress mandated that an office of intermodalism be established within the office of the secretary in Title V of the Intermodal Surface Transportation Efficiency Act of 1991. As an organization within the office of the secretary, the office works on intermodal initiatives involving multiple operating administrations, and on special projects assigned to, or by, the associate deputy secretary. Within the department, the office works with operating administrations through a partnership approach to problem solving. This approach ensures project outcomes that are shaped by the policies, programs, and regulatory interpretations of the operating administrations and the office of the secretary. The Committee has provided $1,018,000 for the office of intermodalism, which represents a reduction of $276,200 from comparable levels provided for fiscal year 1998 and $23,900 below the budget request. The recommendation assumes a reduction of $23,900 in travel expenses, which holds travel to the levels approved in fiscal year 1998. The Committee notes that an excessive amount of travel to attend overseas forums has occurred over the past year, despite numerous vacancies within the office. OFFICE OF CIVIL RIGHTS Appropriation, fiscal year 1998\1\ $5,574,000 Budget estimate, fiscal year 1999 6,966,000 Recommended in the bill 6,966,000 xlBill compared with: Appropriation, fiscal year 1998 +1,392,000 Budget estimate, fiscal year 1999 \1\Excludes reductions of $12,000 for 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 opportunity precepts in all of the Department's official actions and programs. This office is responsible for enforcing laws and regulations that 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 of $6,966,000 for expenses of the office of civil rights, which represents an increase of $1,392,000 from fiscal year 1998 enacted levels and the same level as the budget request. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT Appropriation, fiscal year 1998\1\ $4,400,000 Budget estimate, fiscal year 1999 4,710,000 Recommended in the bill 3,035,000 xlBill compared with: Appropriation, fiscal year 1998 -1,365,000 Budget estimate, fiscal year 1999 -1,675,000 \1\Excludes reductions of $8,000 for TASC. This appropriation finances those research activities and studies concerned with planning, analysis, and information 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 $3,035,000 for this appropriation, which represents a decrease of $1,675,000 below the request and $1,365,000 from the 1998 enacted level. Within the total provided, the recommended level holds transportation planning and studies to $700,000; provides the budget request of $1,935,000 for salaries and administrative expenses; and holds transportation system planning to $400,000. These levels will permit annualization and other pay-related costs for 15 FTE and will fully fund all ongoing activities, and will provide nominal increases for proposed studies and evaluations, albeit below the budget estimate. The recommended level also provides $400,000 for the department's transportation system planning activities, which represents a decrease of $462,000 from the 1998 enacted level and $770,000 below the budget request. The recommended level defers funding for continued development of the electronic grants system, automated coordination, and the FOIA response system. A requirements analysis study for the FOIA response system, including costs and benefits, has yet to be completed, and therefore the need for such a system has not been quantified. None of the funds provided under this appropriation shall be for activities related to sustainable transportation. Within the amounts provided for transportation planning, research and development, the Committee has included sufficient resources to fund a collaboration of industry, education, and government entities to develop a skilled workforce for the transportation industry, provided that total federal support for this activity not exceed $1,000,000 in total. TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Appropriation, fiscal year 1998\1\ ($121,800,000) Budget estimate, fiscal year 1999\2\ (175,715,000) Recommended in the bill\3\ (109,124,000) xlBill compared with: Appropriation, fiscal year 1998 (-12,676,000) Budget estimate, fiscal year 1999 (-66,591,000) \1\In fiscal year 1998, the limitation on transportation administrative service center expenses was reduced by $3,000,000. \2\Proposed without limitation. Amount reflected is the estimated program level for FY 1999. \3\In fiscal year 1999, the limitation on transportation administrative service center expenses is also addressed in a general provision (-$20,000,000). The transportation administrative service center 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 and the basis for them are presented to and approved by the House and Senate Committees on Appropriations. These limitations are continued in fiscal year 1999. The Committee recommends a limitation of $109,124,000, a decrease of $12,676,000 from the enacted level and $66,591,000 below the request. The recommended reductions from the budget request reflect the following adjustments: Eliminate the transportation computer center -$15,000,000 Disallow proposed transfer of the National Oceanic and Atmospheric Administration's Office of Aeronautical Charting and Cartography to the TASC -51,591,000 Transportation computer center.-- The conference agreement accompanying the fiscal year 1998 Department of Transportation and Related Agencies Appropriations Act directed the department's Inspector General to evaluate TASC's utility and cost effectiveness both to the individual operating administrations and the department in general and determine whether TASC is providing quality services that are responsive to customer needs at competitive prices. The IG's audit concluded that TASC generally provides services of utility to its users; however, the audit also disclosed that several services raised substantive cost effectiveness issues. Specifically, the IG determined that the Computer Center is currently capable of operating at only two-thirds of the level that OMB considers cost effective. The IG report concluded that this lack of cost effectiveness correlates closely with customer survey results indicating that 75 percent of the Computer Center's users expressed dissatisfaction with the cost competitiveness of the computer center. The IG also obtained an evaluation report of the computer center prepared by a DOT consultant. Based upon that report and its own audit, the IG concluded that computer center does not have the customer base to operate in a cost effective manner and noted that ``the justification for continued operation of the computer center is in doubt.'' The Committee's recommendation eliminates the transportation computer center within the transportation administrative service center and permits the operating administrations to procure similar services from other governmental or private providers. Disallow proposed transfer of the National Oceanic and Atmospheric Administration's Office of Aeronautical Charting and Cartography to the TASC.-- The budget proposed that the National Oceanic and Atmospheric Administration's Office of Aeronautical Charting and Cartography (AC&C) be transferred from the Department of Commerce and placed within the TASC. While the department believes that the AC&C product offerings are closely aligned with the services provided by TASC, the Committee asserts that the aeronautical charting services ultimately support aviation safety missions within the FAA, and it is more logical that these services be performed within the FAA. The Committee recommendation includes funding for this activity within the FAA's appropriation for fiscal year 1999. Accordingly, the TASC obligation limitation has been reduced by $51,591,000 and staff reduced by 379 FTE. General provision.-- The Committee has included a general provision which provides that amounts budgeted for the transportation administrative service center in this bill are reduced, on a pro-rata basis, to a limitation of $89,124,000. The Committee believes that this reduction is justified given the significant personnel reductions that have occurred within the department over the past several years. For example, the department projects that if staffing adjustments continue at current rates through the end of fiscal year 1998, the 1998 civilian full time equivalent (FTE) employment will be about 1,620, or two percent, below the levels provided for in the fiscal year 1998 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. The Committee is concerned, however, that previous reductions in obligation authority have not been reflected in reduced billings to the modal administrations. As such, over the past several years, TASC charges have not been reduced to correspond to Congressional reductions and each year the modal administrations have had to absorb sizable shortfalls in TASC funding. The Committee directs the administrator of the TASC to develop a mechanism to ensure that the budget approved for the TASC in this Act corresponds to the appropriations provided to the modes in this Act. In allocating the reductions recommended in this Act for the TASC, the administrator of the TASC shall not reduce funding provided to the modes for the transportation computer center, as these services are to be acquired from other sources in fiscal year 1999. PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) 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. Consistent with this legislation, this program became 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 seventy highway miles from the nearest large or medium hub airport, or that require a subsidy in excess of $200 per passenger, unless such point is more than 210 miles from the nearest large or medium airport. MINORITY BUSINESS RESOURCE CENTER PROGRAM Appropriation Limitation on direct loans Appropriation, fiscal year 1998 $1,900,000 ($15,000,000) Budget estimate, fiscal year 1999 1,900,000 (13,775,000) Recommended in the bill 1,900,000 (13,775,000) xlBill compared to: Appropriation, fiscal year 1998 (-1,225,000) Budget estimate, fiscal year 1999 The minority business resource center of the Office of Small 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 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 $13,775,000 and subsidy and administrative costs totaling $1,900,000. MINORITY BUSINESS OUTREACH Appropriation, fiscal year 1998 $2,900,000 Budget estimate, fiscal year 1999 2,900,000 Recommended in the bill 2,900,000 xlBill compared with: Appropriation, fiscal year 1998 Budget estimate, fiscal year 1999 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 serves DOT-wide goals and not just OST purposes. The Committee has provided $2,900,000, the same level as provided in fiscal year 1998 and included in the budget request. AMTRAK REFORM COUNCIL Appropriation, fiscal year 1998 $2,450,000 Budget estimate, fiscal year 1999 Recommended in the bill 450,000 xlBill compared with: Appropriation, fiscal year 1998 -2,000,000 Budget estimate, fiscal year 1999 +450,000 The Amtrak Reform and Accountability Act of 1997 (P.L. 105 134) established the Amtrak Reform Council. This Act assigned the following tasks to the Council: (1) evaluate Amtrak's performance and make recommendations to Amtrak for achieving further cost containment, productivity improvements, and financial reforms; (2) monitor work-rule savings; and (3) develop an action plan for a ``restructured and revitalized national intercity passenger rail system'' if the Council determines, any time after December 1999, that Amtrak is not achieving its financial goals or that it would require an operating subsidy after December 2002. The Committee has provided $450,000 for the Amtrak Reform Council in fiscal year 1999. This funding coupled with $80,000 provided under the Emergency Supplemental Appropriations Act of 1998 shall be sufficient for the Council to begin its review of Amtrak's financial condition. The Committee believes that the Council will work closely with the Department of Transportation's Inspector General (IG) to fulfill its duties. The IG has recently awarded a contract for an independent assessment of Amtrak's financial needs through the year 2002. This work will be completed in November 1999. Thereafter, the IG will be reassessing, on a yearly basis, Amtrak's financial needs. Therefore, much of the information the Council will need to evaluate Amtrak's financial performance and to make its recommendations should be available from the IG. COAST GUARD SUMMARY OF FISCAL YEAR 1999 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 $3,887,000,000 for activities of the Coast Guard in fiscal year 1999. This is $29,446,000 less than the fiscal year 1998 program level--essentially a hard freeze. The following table summarizes the fiscal year 1998 program levels, the fiscal year 1999 program requests, and the Committee's recommendations: Program Fiscal year-- Operating expenses\1\\2\ $2,715,400,000 $2,771,705,000 $2,700,000,000 Acquisition, construction and improvements\3\ 388,850,000 442,773,000 389,000,000 Environmental compliance and restoration 21,000,000 21,000,000 21,000,000 Alteration of bridges 17,000,000 12,000,000 Retired pay\4\ 653,196,000 684,000,000 684,000,000 Reserve training 67,000,000 67,000,000 69,000,000 Research, development, test and evaluation 19,000,000 18,300,000 12,000,000 Boat safety\5\ 35,000,000 ---------------- ---------------- ----------------- Total 3,916,446,000 4,004,778,000 3,887,000,000 \1\Fiscal year 1998 amount includes $300,000,000 specifically for defense-related activities and scored against budget function 050 (defense); fiscal year 1999 estimated amount includes $309,000,000 (and the recommendation includes $300,000,000) specifically for national security activities of the Coast Guard and scored against budget function 050 (defense). \2\Fiscal year 1998 total includes $1,600,000 in supplemental appropriations from Public Law 105-18 related to TWA 800 disaster recovery expenses and excludes reductions of $529,000 for TASC. \3\Fiscal year 1999 estimated amount includes $35,000,000 in new user fees. \4\Fiscal year 1998 total includes $9,200,000 provided in supplemental appropriations from Public Law 105 18. \5\Fiscal year 1999 estimate includes $35,000,000 proposed in mandatory spending. COUNTER-DRUG INITIATIVE The Committee believes that a much more aggressive effort is needed to fight the war on drugs, and that the current response of the administration is inadequate. The Coast Guard plays a critical role in defending the nation against the threat of illegal drugs, by patrolling maritime lanes of supply in the air and on the sea, and by interdicting drug smugglers in the transit zone. The Committee notes that the fiscal year 1999 budget request would provide essentially the same level of funding as provided in fiscal year 1998--a level which would, according to the Coast Guard, result in 14 percent less cocaine seized, and 25 percent less cutter hours, than experienced in fiscal year 1997. In a Subcommittee hearing this year, the Commandant of the Coast Guard described actions taken by the service in fiscal year 1997 to intensify their counter-drug activities: Some of it . . . I took away from fisheries, to demonstrate that we could get a lot of bang for the buck with this investment, and I think our statistics demonstrated that. I think we had a 1,000 percent increase in some of our performance figures, 300 percent in others. We have seized more drugs than we ever seized before. I feel we had a dramatic impact on the welfare and safety of the people of Puerto Rico and the Virgin Islands, as an example. I actually honestly believed that this year would be the second year, and I would be funded, and the administration would ask for me to continue those programs, and I wasn't. And so I am disappointed in that . . . The Committee wants to see more illegal drugs seized, not less, and is willing to rearrange service priorities to make it happen. Therefore, the bill provides an increase, above the budget request, of $73,800,000 for Coast Guard counter-drug activities. This raises operations funding for counter-drug activities to $406,091,000 in fiscal year 1999, an increase of $33,800,000 (9.1 percent) above the fiscal year 1998 level. The bill also includes an additional $40,000,000 in AC&I for high-priority counter-drug acquisitions. These items and activities are listed below. Operating expense increases.-- The increase of $33,800,000 is intended for the following items and activities: Increase HH 65 patrol hours $2,100,000 Increase C 130 patrol hours 830,000 Increase WPB patrol hours 7,478,000 Increase international law enforcement training 1,100,000 PC 170 O&M 2,885,000 Reactivate 2 T AGOS vessels 6,166,000 Maintain 7 WPBs in fleet 4,508,000 Drug detection sensors 1,000,000 Activate 3 HU 25 falcon jets 4,607,000 Increase intelligence collection support 948,000 Caribbean support tender 2,178,000 ------------- Total 33,800,000 Acquisition, construction, and improvements (AC&I) increases.-- The increase of $40,000,000 is intended for the following items and activities: Reactivate 2 T AGOS vessels $9,900,000 HU 25 jet engine overhaul 9,100,000 Sensors, cutter or jet 9,000,000 Low signature aircraft 2,000,000 Barracuda coastal patrol boats 10,000,000 ------------- Total 40,000,000 Given the tight discretionary caps this year, the Committee is unable to provide resources above the overall Coast Guard budget request without unacceptably harming the programs of other DOT agencies. Furthermore, the Committee believes these resources can be accommodated through a reprioritization of existing missions and programs, much as they were in fiscal year 1997. Therefore, the counter-drug operating activities are offset by reductions in two areas: fisheries enforcement (-$13.8 million) and polar icebreaking (-$20 million). Several lower-priority capital programs have been likewise reduced to accommodate the stronger focus on counter-drug activities. This reflects the Committee's view that counter-drug operations should receive a higher priority relative to other mission areas. The Commandant testified this year ``in my personal opinion, drug law enforcement has a higher national security priority than fisheries enforcement''. Therefore, it seems inconsistent that the administration's request would allocate 17 percent of the Coast Guard operating budget to fisheries enforcement and 13 percent to drug interdiction. In total, the budget requests $115,775,000 more for fisheries law enforcement than for drug interdiction. The Committee recommendation redirects 4 percent of the fisheries budget, and reduces polar icebreaking significantly, to fund increased counter-drug activities. In fiscal year 1997, the Coast Guard was only reimbursed 12 percent of their costs for the polar icebreaking program, even though the program provides benefits largely to non-DOT agencies and research institutions. In fiscal year 1999, the Coast Guard plans to commission a new polar icebreaker, which will add $10,500,000 in operating costs--but only $4,000,000 is expected to be reimbursed by users. In order to finance the increased effort in the war on drugs, the Committee recommendation reduces direct Coast Guard funding for polar icebreaking from $36,971,000 to $16,971,000, and assumes that the service can maintain current service levels to the extent that the primary beneficiaries of the program agree to pay those costs on a reimbursable basis. OPERATING EXPENSES Appropriation, fiscal year 1998\1\ $2,715,400,000 Budget estimate, fiscal year 1999\2\ 2,771,705,000 Recommended in the bill\1\ 2,700,000,000 xlBill compared with: Appropriation, fiscal year 1998 -15,400,000 Budget estimate, fiscal year 1999 -71,705,000 \1\Includes $300,000,000 in funds for national security activities included in this bill and excludes reductions of $529,000 for TASC. \2\Includes $309,000,000 in funds for national security activities included in this bill. Including $300,000,000 for national security activities, the Committee recommends a total of $2,700,000,000 for operating activities of the Coast Guard in fiscal year 1999, a decrease of $15,400,000 (less than one percent) below the fiscal year 1998 appropriation and $71,705,000 (2.6 percent) below the budget request. The following table compares the fiscal year 1998 enacted level, the fiscal year 1999 estimate, and the recommended level by program, project and activity: [In thousands of dollars] Budget activity Fiscal year-- 1998 enacted 1999 estimate 1999 recommended I. Personnel Resources $1,702,298 $1,762,471 $1,728,260 II. Operating Funds and Unit Level Maintenance 617,467 619,593 618,145 C. District commands 1. 1st district (Boston) 37,711 36,831 36,831 2. 7th district (Miami) 46,400 47,532 47,532 3. 8th district (New Orleans) 29,894 30,044 30,044 4. 9th district (Cleveland) 18,205 18,583 18,583 5. 13th district (Seattle) 13,749 13,887 13,887 6. 14th district (Honolulu) 9,838 10,655 10,655 7. 17th district (Juneau) 20,693 10,805 10,805 III. Intermediate and Depot-Level Maintenance 395,106 389,641 389,641 IV. Account-wide Adjustments -36,046 ---------------- --------------- ------------------ Total appropriation \3\2,714,871 2,771,705 2,700,000 Unobligated balance available 1,048 Offsetting collections (cash) 111,798 113,306 113,306 ---------------- --------------- ------------------ Total budget authority available 2,827,717 2,885,011 2,813,306 \1\Includes operating funds for Coast Guard Academy and Training Centers as well as general funds for professional training and education. \2\Includes ammunition and small arms (AFC 54) and Chief of Staff funds (AFC 40). \3\Includes reduction of $529,000 to appropriated level. COMMITTEE RECOMMENDATION The recommended reduction from the budget estimate includes the following adjustments: Amount Eliminate 79 new officer billets -$5,736,000 Do not restore slow hiring reduction of FY 1998 -15,000,000 Hold PCS reassignment moves to FY 1997 level -1,370,000 Defer college fund recruiting initiative pending authorization -545,000 Reduce growth in military pay and allowances -10,000,000 Eliminate GSA rent increase at OSC Martinsburg -1,448,000 Eliminate new DOT initiatives -498,000 Selected reductions in headquarters staffing -1,000,000 Non-pay COLA adjustment -10,000,000 Non-operational travel -2,500,000 Advisory and assistance services -2,000,000 Capitalizable projects (transfer to AC&I) -8,000,000 Raise fee rates for existing user fees and reimbursements -3,500,000 WLB primary crew assembly facility (transfer to AC&I) -548,000 Eliminate seven overseas liaison billets -560,000 Reduced OPTEMPO for national defense activities (050 reduction) -9,000,000 -71,705,000 COUNTER-DRUG INITIATIVE The Committee recommends $406,091,000 for operating expenses of the Coast Guard dedicated to counter-drug operations. This is $39,963,000 (10.9 percent) above the fiscal year 1998 estimated level and $33,800,000 (9.1 percent) above the budget estimate. As was discussed in an earlier section of this report, the Committee believes that an expanded Coast Guard role is needed in the drug interdiction area, even if it comes at the expense of lower priority mission areas. The Committee notes that the Coast Guard expanded its drug interdiction work significantly in fiscal year 1997 through the reprioritization of activities and missions, and the results were highly successful. Not only did the gross amount of seized drugs go up, but the Coast Guard's efficiency statistics improved significantly also. By contrast, the President's budget for fiscal year 1999 would redirect those resources back into other activities, which would, according to the Coast Guard, result in a drop in counter-drug cutter operating hours of 25 percent and an estimated 14 percent drop in the amount of cocaine seized. The Committee believes these additional funds are critical to sustaining, and even improving upon, the successes achieved in fiscal year 1997. In addition, the bill increases by $2,000,000 the Coast Guard Reserve appropriation, partially in recognition of the important work of the reserves in the drug interdiction arena. Specific activities funded with this increase are explained below. Increase HH 65 and C 130 patrol hours. --These increases were originally requested by the Coast Guard, and certified by the Office of National Drug Control Policy, but not included in the President's budget. The Committee believes it important to increase surveillance patrol hours. (+$2,930,000). Patrol boat-related activities. --The Committee bill adds funds to increase the operational hours of patrol boats performing drug interdiction missions (+$7,478,000), maintain seven patrol boats currently in service which would otherwise be decommissioned (+$4,508,000), and take into the service, for the specific purpose of enhancing counter-drug operations, a PC 170 (``Cyclone'' class) vessel currently under control of DOD's Special Operations Command. The Committee understands that the Coast Guard has been evaluating this vessel for such operations, and believes it has high utility for their drug interdiction activities. Hull fourteen is available and the bill assumes the Coast Guard will work out an arrangement with the DOD for the Coast Guard to operate and maintain this vessel specifically for counter-drug work. Increase international law enforcement training. --This increase was originally requested by the Coast Guard, and certified by the Office of National Drug Control Policy, but not included in the President's budget. The Committee believes it important to increase such training. (+$1,100,000). Support vessels. --The Committee bill provides funds for the Coast Guard to reactivate two T AGOS ocean surveillance vessels to serve as afloat command and control and support ships for other surface vessels in the Caribbean (and possibly Pacific) area of operations. This will free up other, large Coast Guard vessels (such as 378-foot and 270-foot cutters) for more effective counter-drug activities. The bill also provides an additional $2,178,000 for the Caribbean support tender included in the budget request at a lower funding level. This vessel is designed to provide training support and other assistance to Caribbean nations which are often used as trans-shipment points for illegal drugs. For example, the Coast Guard has recently transferred to some of these nations decommissioned patrol boats. However, without training assistance, these small island nations are incapable of using the assets to their maximum effectiveness. The support tender will provide such assistance. Activate HU 25 (``Falcon'') jets. --The Committee bill provides $4,607,000 for the Coast Guard to recommission three HU 25 jets which have been mothballed due to budget constraints. Additional funds are included under AC&I for engine overhauls of these aircraft. Drug detection sensors. --The bill includes $1,000,000 for additional portable drug detection sensors. The Coast Guard currently has 50 such sensors and has found them extremely valuable in counter-drug operations. The bill would provide for the procurement of approximately 10 more of such systems. The Coast Guard should explore all available systems currently on the market, and procure those which best satisfy their requirements. Intelligence support. --The bill provides an additional $948,000 for the Coast Guard to increase its intelligence collection efforts related to counter-drug operations. Activities Guyaquil and Esmeraldas, Ecuador. --Of the funds provided in this account, $500,000 is specifically to augment and build up Coast Guard and port control activities in Guyaquil and Esmeraldas, Ecuador. PERSONNEL RESOURCES The bill includes $1,728,260,000 for pay and allowances of Coast Guard military and civilian personnel, a reduction of $34,211,000 from the budget estimate and $25,962,000 (2.1 percent) above the fiscal year 1998 enacted level. Within the amount provided, the bill includes all funds requested for special pays for military personnel. Eliminate 79 new officer billets. --Given the high officer-to-enlisted ratio in the Coast Guard relative to the other military services, the Committee does not accept the need to expand the officer corps, as requested in the budget. The Committee recommendation eliminates the additional 79 officer billets, resulting in a reduction of $5,736,000. Restoration of FTE savings from fiscal year 1998. --The Committee recommendation deletes the requested restoration of $15,000,000 from staffyear reductions made in fiscal year 1998. The Committee is not convinced, after reviewing actual and projected recruiting data, that the service will be able to meet its recruiting target, given the strong national economy. Therefore, these savings are maintained in the fiscal year 1999 bill. College fund recruiting initiative. --The Committee recommendation deletes the new college fund recruiting initiative pending Congressional authorization and stronger program justification. This results in a savings of $545,000. Reductions in headquarters staffing. --The recommendation assumes reductions in certain headquarters offices, based on a review of current staffing levels. These offices include the office of the commandant and vice commandant, public affairs, Congressional affairs, general counsel, and the office of bridge administration. These five offices are budgeted for a total of 191 positions in fiscal year 1999. The reduction of $1,000,000 would require the elimination of approximately 12 of these positions, or six percent. The Coast Guard should review the staffing in these offices and decide which low priority positions should be eliminated. PCS reassignment moves. --The bill holds funding for permanent change of station (PCS) reassignment moves to the fiscal year 1997 level of $9,761,000, a reduction of $1,370,000 from the budget estimate. Given downsizing, streamlining, and other personnel reductions in the bill, the Committee believes the service will be able to manage a slightly lower level of accessions and reassignments. This does not affect funding for other PCS move categories. Elimination of seven overseas billets.-- The Committee believes the Coast Guard should eliminate seven overseas liaison positions, given the high cost of maintaining staff overseas and overall budget constraints. These positions are as follows: Royal Australian Navy liaison (Australia) (1) Maritime Liaison Commander, Middle East Forces (Bahrain) (2) Royal Canadian Air Force liaison (Canada) (2) International Maritime Organization liaison (Curacao) (1) Harbor Defense liaison (Korea) (1) This results in a reduction to the budget estimate of $560,000. Additional reduction.-- The Committee recommends an additional reduction of $10,000,000 to military pay and benefits to bring the overall amount provided to $1,261,110,000, a 1.2 percent increase over fiscal year 1998. The reduction is due to budget constraints. The Committee also acknowledges the increase in cost per FTE staffyear in fiscal year 1998, and assumes that the Coast Guard will be able to manage its personnel budget at a slightly lower cost per FTE during fiscal year 1999 than assumed in the President's budget request. OPERATING FUNDS AND UNIT LEVEL MAINTENANCE The bill includes $618,145,000 for Coast Guard non-personnel operating funds for field and headquarters facilities and units as well as unit-level maintenance. This is $1,448,000 (0.2 percent) below the administration's request and $678,000 (0.1 percent) above the level provided for fiscal year 1998. Ballast water management program.-- Of the funds provided in this appropriation, $3,000,000 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). Mackinaw. --The bill includes the $6,291,000 in requested funding for continued operation and maintenance of the icebreaking cutter Mackinaw during fiscal year 1999. This is 12.1 percent above the $5,609,000 estimated for fiscal year 1998. GSA rent increase, operations support center. --The bill does not include the requested increase of $1,448,000 for additional GSA rental costs at the Coast Guard Operational Support Center in Martinsburg, West Virginia. The service has not adequately explained whether such large-scale consolidation of support activities has been determined to be cost-beneficial at this particular location. Frying Pan Shoals lighthouse.-- The Committee recognizes that the Frying Pan Shoals Lighthouse, operated by the U.S. Coast Guard off the coast of North Carolina, can be a valuable asset to marine science and to the short- and long-term monitoring of critical oceanographic, meteorological, and biological research in the coastal waters of the southeastern United States. The Committee urges that the use of this facility be provided to the University of North Carolina at Wilmington for these purposes. Marine safety detachment .--The Committee is concerned about the Coast Guard's planned closure of the marine safety detachment in Concord, California and its impact on the protection of the local marine environment from significant oil and chemical traffic and on timely and efficient response to oil and chemical accidents in the sensitive and busy waterways of the Carquinez Strait and other Bay and Delta waterways. The Committee directs that the Coast Guard shall not obligate any funds to begin the closure or termination of this unit until: (1) the Coast Guard enters into discussions with Contra Costa County officials concerning the impact of the closure; (2) the Coast Guard submits a report to the House and Senate Committees on Appropriations that explains how the Coast Guard will assure the timely and efficient response to oil and chemical accidents in the area and continue to perform other critical oversight functions concerning oil and chemical traffic in these waterways; and (3) the Committees have had thirty legislative days to review the Coast Guard report. DEPOT LEVEL MAINTENANCE The Committee recommends $389,641,000 for depot level maintenance for shore facilities, electronic equipment, cutters, boats and aircraft, the same as the budget estimate and $5,465,000 (1.4 percent) below the enacted level for fiscal year 1998. ACCOUNT-WIDE ADJUSTMENTS The Committee recommends $36,046,000 in account-wide adjustments, which are explained more fully below. Departmental initiatives. --The bill does not include funds for new departmental initiatives including the electronic grants pilot project, acquisition training, and GSA common space rent, due to lack of justification. This is similar to recommendations made in other parts of the bill, and results in a savings of $498,000. Non-pay inflation adjustment. --The Committee recommendation provides the Coast Guard with the same non-salary inflation adjustment provided to other agencies within DOT. The President's budget requested an increase of 1.7 percent compared to 0.9 percent for other agencies. This results in a reduction of $10,000,000. Non-operational travel. --Notwithstanding Congressional reductions in fiscal year 1997 which were designed to contain the travel budget, the Coast Guard testified this year that ``despite these actions, it does not appear that non-operational travel was reduced''. The Committee reiterates that these travel costs should be going down, not up, and recommends a reduction of $2,500,000. Advisory and assistance services. --The recommended reduction of $2,000,000 is due to budget constraints and lack of justification. The recommended level is $9,779,000, which compares to $11,779,000 in the budget estimate and $4,151,000 experienced for fiscal year 1997. A similar reduction has been made in the FAA's operating account. Capitalizable projects. --The Committee recommendation reflects a recent report of the Office of Inspector General, which concluded that many Coast Guard construction projects were improperly using operating expenses (OE) funds instead of acquisition, construction, and improvement (AC&I) funds. The recommendation transfers $8,000,000 to the AC&I appropriation to more appropriately reflect the nature of the work being performed. Fee rates for existing user fees. --While the Committee does not support the imposition of new user fees for Coast Guard services, Coast Guard documents indicate that the service is not charging enough in its existing fees to recover the direct cost of providing the service. The Committee believes that when a decision is made to charge fees, it is reasonable for the agency to recover the full cost of providing the service. The recommendation assumes the Coast Guard will raise existing fee rates by approximately 15 percent, to cover a larger percentage of total cost. This results in a reduction to the budget estimate of $3,500,000. WLB primary crew assembly facility.-- The recommendation transfers $548,000 from ``Operating expenses'' to ``Acquisition, construction, and improvements'' to more appropriately reflect the nature of the work being performed. The Coast Guard advised the Committee that an error had been made in preparation of the budget, and that this facility should be funded in the AC&I appropriation. Reduced operating tempo for national security activities (050 reduction).-- The Committee recommendation provides $300,000,000 for national security activities of the Coast Guard, which are scored under budget function 050 (national defense). This is the same amount as enacted for fiscal year 1998, and a reduction of $9,000,000 from the budget estimate. The Coast Guard has not adequately explained what additional defense activities would be performed with their requested increase, and in any event the Committee's allocation under budget function 050 is limited to the level provided for fiscal year 1998. The Committee assumes the Coast Guard will make a slight adjustment in the operating tempo for defense activities to live within this funding level. BILL LANGUAGE Defense-related activities.-- The bill specifies that $300,000,000 of the total amount provided is for defense-related activities, the same as enacted for fiscal year 1998, but $9,000,000 below the budget estimate. 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. User fees.-- The Committee does not approve the proposed bill language which would allow the Commandant to promulgate virtually any new maritime user fee, circumventing the normal process by Congressional direction, and credit those fees to the capital account. First, the fee proposal is so weakly justified that the Committee has been unable to give the proposal serious consideration. For example, when the Committee questioned the Commandant this year about the proposal, he stated ``we just started our study . . . we are not in it deeply enough to know that that is proper to do''. When asked how the Coast Guard arrived at the specific request of $35,000,000 in new fees, the Commandant said ``I have no idea how they did that''. The Congressional Budget Office is so skeptical, they are unwilling to assume the collection of any such receipts next year, despite the proposed language. Clearly, with so little information, these fees--and the appropriations to be financed with them--are unsustainable. The Committee is concerned that, despite the lack of justification, the Coast Guard believes it has the authority to promulgate these fees under the general authority of the User Fee Statute. Therefore, the bill includes a provision which precludes the Coast Guard from using funds to plan, finalize, or implement any new user fees unless legislation signed into law after the date of enactment of this Act specifically authorizes them. GENERAL PROVISIONS Vessel traffic safety fairway, Santa Barbara/San Francisco.-- The bill continues as a general provision (sec. 312) 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. Blue-ribbon panel on the future of the Coast Guard. --The Committee is very concerned about the Coast Guard's ability to address all of its missions adequately in future years, given budget constraints and the effect of surface transportation firewalls. Although the service has performed admirably over the past four years in reforming and reorganizing itself into a more efficient organization, it is possible that there will still be insufficient funding over the next ten years to enable the Coast Guard to maintain today's level of service. The Coast Guard's operating budget has been flat for the past several years, and block obsolescence of major capital assets is approaching. Last year, the Commandant advised the Subcommittee that the Coast Guard would soon require a capital appropriation of $1,000,000,000 per year for ten years. Today, the Coast Guard's capital budget is approximately $400,000,000. To address these concerns, the Committee bill includes $1,000,000 specifically for establishment of a blue-ribbon panel to study the future capital needs, roles, and missions of the Coast Guard. This panel should be coordinated through the auspices of the office of the secretary of transportation, and should include the current Commandant of the Coast Guard, former commandants, and representatives of the U.S. General Accounting Office, the DOT Office of Inspector General and appropriate maritime organizations. The study should address and make recommendations on the best roles and missions for the Coast Guard over the next twenty years, and the capital budget requirements to meet those needs, considering likely budget constraints over that period. The Committee intends that this take the place of the currently-planned Presidential Advisory Council, which would study Coast Guard roles and missions, but at a much higher cost. The study should be submitted to the Congress not later than January 2001. Animal fats and vegetable oils. --The Committee bill includes a general provision (sec. 340) which requires the Secretary of Transportation, not later than March 31, 1999, to promulgate a regulation consistent with the Edible Oil Regulatory Reform Act (Public Law 104 55), enacted on November 20, 1995, to specifically address facilities which handle animal fats and vegetable oils by amending 33 C.F.R. part 154, which relates to response plans for marine transportation-related facilities. To be consistent, a rule for animal fats and vegetable oils should include, at a minimum, separate definitions, a separate category from other oils, and provide requirements that are specific to and appropriate for animal fats and vegetable oils. On March 14, 1997, the animal fats and vegetable oils industry submitted to the Coast Guard a proposal consistent with these requirements. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS Appropriation, fiscal year 1998 $388,850,000 Budget estimate, fiscal year 1999\1\ 442,773,000 Recommended in the bill 389,000,000 xlBill compared with: Appropriation, fiscal year 1998 +150,000 Budget estimate, fiscal year 1999 -53,773,000 \1\Includes $35,000,000 to be derived from new user fees. The bill includes $389,000,000 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 1998 enacted level, the fiscal year 1999 estimate, and the recommended level by program, project and activity: Offset Folios 31 to 32 Insert Here Vessels The Committee recommends $227,913,000 for vessels, a reduction of $15,813,000 below the amount provided for fiscal year 1998 and $41,660,000 below the administration's request. Specific adjustments to the budget estimate are explained below. Seagoing buoy tender (WLB) replacement.-- The Committee recommends $81,790,000 for this program, instead of $105,000,000 included in the budget estimate. Funding of $41,000,000 was provided for this program in fiscal year 1998. The recommendation transfers $548,000 from ``Operating expenses'' for the primary crew assembly facility and deletes the $1,500,000 for each of the first three vessels of this class. It is not clear to the Committee why additional acquisition funding is needed, since these vessels are fully operational. The additional reduction is due to budget constraints. The Committee expects the Coast Guard to provide the Committee with updated information on the cost profile for the vessels to be acquired under the full production contract prior to conference deliberations on this bill. Coastal buoy tender (WLM) replacement.-- The Committee recommends $27,000,000 for the coastal buoy tender program, a reduction of $4,000,000 below the budget estimate. The reduction is due to budget constraints. Buoy boat, stern loading (BUSL).-- The Committee recommends $7,073,000 for this project, a reduction of $4,700,000 below the budget estimate. The reduction is due to budget constraints. Surface search radar.-- The Coast Guard budget includes $12,900,000 for this project in fiscal year 1999 and projects $4,000,000 in the year 2000. The Committee believes it more appropriate to phase this acquisition more smoothly over the two remaining years of the program. The Committee's recommended funding level of $8,450,000 would eliminate the funding ``spike'' represented by the President's budget estimate. This results in a reduction of $4,450,000 from the budget estimate. Polar class icebreaker reliability improvement project.-- According to the Coast Guard, this project is approximately six years behind its original schedule. Given the schedule slip, the apparently low priority of the program within the Coast Guard, and the Committee recommendation to reduce operating funds for the polar icebreaker class, the Committee recommends that this project be ended. This will save approximately $25,000,000 in future fiscal years, which can be applied to other, higher priority projects. This results in a fiscal year 1999 savings of $6,100,000. Coastal patrol boat.-- The Committee recommends $47,600,000 for the ``Barracuda'' class coastal patrol boat. This compares to $63,000,000 enacted in fiscal year 1998 and $37,600,000 in the budget estimate. The additional $10,000,000 is part of the Committee's counter-drug initiative, as explained in a previous section of this report. Mackinaw replacement.-- The recommendation includes $6,000,000 to continue design work for a replacement for the icebreaking cutter ``Mackinaw''. Funding of $2,000,000 was provided in fiscal year 1998. Although the President's budget included no funding to continue this work in fiscal year 1999, the Committee believes it is critical to keep this work going, to ensure that a replacement vessel is developed as soon as practicable. The Committee fully expects the conceptual design phase of this project to be completed by the end of fiscal year 1999, so that design and construction contracts can be awarded the following year. Moreover, the Committee expects the Coast Guard to issue a report to the House and Senate Committees on Appropriations on the status of this project, including the recommended replacement alternative and fleet mix (with supporting data), as well as an update on the design process, no later than January 1, 1999. Deepwater capability concept exploration.-- The Committee recommends $20,000,000 for this program, an increase of 300 percent above the $5,000,000 provided for fiscal year 1998, and a reduction of $8,000,000 below the budget estimate. A comparison of the Committee's allowance and the budget estimate is as follows: Activity Budget estimate Committee allowance Reduction Project resident office $1,500,000 $1,000,000 -$500,000 Contract studies 18,000,000 15,000,000 -3,000,000 Independent studies 8,500,000 4,000,000 -4,500,000 ------------------ ---------------------- ------------- Total 28,000,000 20,000,000 -8,000,000 ATS 1 conversion.-- The Committee recommends $2,000,000 to continue conversion of the former U.S. Navy ship ``Edenton'' to a Coast Guard fisheries enforcement cutter. This is due to overall budget constraints and the Committee decision to elevate counter-drug acquisition activities to a higher priority than fisheries enforcement. The budget estimate included $10,000,000 for this project. Reactivation of 2 T AGOS vessels. --The recommendation includes $9,900,000 to reactivate 2 former Navy T AGOS ocean surveillance vessels, as part of the Committee's counter-drug initiative. Consistent with Coast Guard concept papers, at least one of these vessels could serve as a base ship for patrol boats and other relatively small assets performing counter-drug activities in the Caribbean area of operations, thereby increasing the endurance and effectiveness of those assets. Unobligated balance transfer. --The Committee recommends a general reduction of $9,100,000 which should be addressed by transferring unobligated balances from the following program: Project Fiscal year 1997 funds Fiscal year 1998 funds Polar icebreaker RIP -$3,800,000 -$5,300,000 Aircraft The Committee recommends $39,400,000 for aircraft, an increase of $13,600,000 (52.7 percent) above the fiscal year 1998 enacted level and $2,269,000 above the administration's request. HC 130 engine conversion. --The Coast Guard budget proposes a large increase in this program, from $4,100,000 to $9,900,000. The Committee notes that some AC&I programs must be reduced, since the level of the budget submission assumed collection of $35,000,000 in new user fees which are unlikely to be implemented. The Committee believes this program can proceed at the fiscal year 1998 pace without serious impact. HH 65 helicopter. --The Committee understands that there are power availability, weight considerations, space constraints and safety margin issues with the HH 65 helicopters that need to be addressed before equipment and capability can be added to this already weight critical aircraft. The Committee requests the Coast Guard provide a description of the limitations with relevant measures of how frequently power limitations restrict the HH 65 below original Coast Guard requirements and the impact of such limitations. The Committee further requests an outline of a plan and its costs to restore needed power margins while accommodating past and future weight growth. This report is request by March 1, 1999. Long range search aircraft capability preservation. --According to the Coast Guard, this project involves studies to sustain the existing capability of the C 130 aircraft, including electrical systems and avionics. The product of the work is expected to result in the design of modification kits costing in the range of $200,000. The Committee believes this work could easily and appropriately be conducted under the Coast Guard's operating appropriation, and not AC&I. In addition, the project has been poorly justified, and outyear costs are not defined. The Committee recommends no AC&I funds for this project, but the Coast Guard may use existing OE funds under the aircraft modification budget through reprioritization of planned work. This results in a reduction of $1,590,000 from the budget request. HU 25 engine overhaul. --The recommendation includes $9,100,000 to conduct engine overhauls of mothballed HU 25 (``Falcon'') jet aircraft, as part of the Committee's counter-drug initiative. According to the Coast Guard, maritime patrol surveillance is their greatest need in the counter-drug area. The Coast Guard is familiar with these aircraft and have existing inventories of spare parts. However, some work is required on the engines to bring the aircraft back into service. Low signature aircraft. --The Coast Guard operational community has indicated a need for additional night-capable, low-signature (``stealthy'') aircraft capability. Although the RU 38A aircraft are now coming into service, upgrades are necessary for them to be more effective at fighting the drug war. In addition, the Coast Guard has expressed interest in high technology, low signature rotorcraft technology which could have an impact on counter-drug operations. The Committee recommendation includes $2,000,000 for the Coast Guard to pursue modifications or acquisitions in this area, with the specific objective of complementing other counter-drug assets by providing covert surveillance capability. Unobligated balance transfer. --The Committee recommends a general reduction of $1,400,000 which should be addressed by transferring $1,400,000 in unobligated balances from the terminal collision avoidance system (TCAS) program. Other Equipment The Committee recommends $30,314,000 for other equipment, a reduction of $3,655,000 below the budget estimate. Marine information for safety and law enforcement (MISLE).-- Due to budget constraints, the recommendation holds funding for this project at essentially the fiscal year 1998 level of $4,000,000, a reduction of $2,000,000 from the budget estimate. Aviation logistics management information system (ALMIS). --The Committee denies the requested $1,000,000 for this project due to lack of justification. Differential GPS phase II. --The Committee recommends no funding for this project due to lack of justification and a need to fund higher priority counter-drug initiatives, a reduction of $2,600,000 from the budget estimate. Although most of the Coast Guard's differential GPS program has been completed, this appropriation would fill coastal gaps in the system, particularly in Alaska, Guam, Puerto Rico, and Hawaii. Drug interdiction sensors. --The bill includes $9,000,000 for the acquisition of sensors used in counter-drug operations, including cutter and aircraft sensors as well as portable drug detection sensors used for ship boardings. The Coast Guard is accorded the flexibility to determine the best mix of sensors to satisfy operational requirements and have the most immediate impact on the drug war. Unobligated balance transfer. --The Committee recommends a general reduction of $7,055,000 which should be addressed by transferring unobligated balances from the following programs: Project Fiscal year 1997 funds ALMIS -$3,100,000 Conversion of software -3,500,000 VTS requirements evaluation -455,000 Shore Facilities and Aids to Navigation Facilities The Committee recommends $42,923,000 for shore facilities and aids to navigation facilities, a reduction of $10,727,000 from the budget estimate. Public family quarters. --The Committee recommends $2,300,000, a reduction of $16,300,000 below the budget estimate. The Committee has long been concerned that the Coast Guard sometimes requests funds for housing projects with insufficient market analysis or other supporting justification. For example, in July 1992, the Committee report on the fiscal year 1993 DOT and Related Agencies Appropriations Bill stated: ``The Committee is concerned that the Coast Guard is not effectively managing the family housing acquisition program . . . [projects] often end up in the budget with outdated and insupportable planning documents. In particular, the market surveys which serve as a primary justification are often so old that they are meaningless by the time funding is requested . . . Although the Coast Guard's planning and programming manual requires that housing needs be under constant review, it appears that re-evaluation occurs rarely if at all . . . Future support from the Committee will be dependent upon management improvements.'' Considering this, the Committee was very disappointed to receive a report from the Office of Inspector General in April 1998 which found that 9 of the 14 housing projects reviewed (almost two-thirds) were not adequately justified. It appears the service has not made the improvements suggested by the Committee in 1992. According to the IG report, the Coast Guard has $16,300,000 in unobligated appropriations for unjustified projects in Sault Ste. Marie, Michigan; Valdez, Alaska; Oregon Inlet, North Carolina; and Cape Hatteras, North Carolina which could be put to better use. The Committee recommendation reduces the budget request by this amount and directs the Coast Guard to apply these unobligated funds to cover fiscal year 1999 budget requirements. The Committee also directs the Coast Guard, once again, to correct these longstanding problems. Waterways aids to navigation projects.-- The Committee recommends $4,073,000 for waterways aids to navigation projects, a reduction of $927,000 from the budget estimate. The reduction is due to budget constraints. Group/Station New Orleans, LA-relocation. --The Committee recommends $4,000,000 to continue the relocation of Group/Station New Orleans to Bucktown Harbor. These funds are provided to complete any remaining work to improve the condition of the waterway adjoining the relocation site, including dredging, bulkhead repairs, and bulkhead replacement, and, as a second priority, other aspects of the project. Similar funding was provided for this project last year. Air Station Miami, FL, renovate fixed wing hangar. --The Committee believes that, given budget constraints and the need to fund higher priority counter-drug initiatives, this project can be phased over two years at approximately the same level each year. This will also reduce the concurrency in this program, which appears to be unnecessary. This results in a reduction of $3,500,000 from the budget request, which is without prejudice to the overall program. Capitalizable projects. --The Committee recommends a transfer of $8,000,000 from ``Operating expenses'' to ``Acquisition, construction, and improvements'' based upon an IG report which found the Coast Guard inappropriately budgeting in operating expenses projects which should have been funded from the AC&I budget. The IG selected 45 projects totaling $25,000,000, and concluded that 32 of the projects (71 percent) should have been funded from the AC&I appropriation. These included acquisition of office space, expansion of building capacity, and construction of a parking lot. The Committee agrees with the IG that these activities are more appropriately funded from the capital account, and encourages the Coast Guard to make such changes permanent beginning in the year 2000 budget. Training infrastructure, optimize.-- The Committee bill includes the requested funds for studies, preliminary design and engineering for facility renovations related to a possible reconfiguration of the Coast Guard's training facilities. The Committee directs the Coast Guard to submit its planned report, ``Training 2000'', once it is completed, to the Committee. The Committee expects that the Coast Guard will obligate no funds nor take any other actions to consolidate or eliminate any training facilities until the Committee has had thirty legislative days to review the Coast Guard report. Asset sales. --The Committee recommendation assumes a slightly higher amount of offsetting collections from asset sales in fiscal year 1999 than the budget estimate. Last year, the estimate for fiscal year 1999 was $3,800,000. However, the level assumed in the President's budget is only $948,300--the lowest amount in three years. Last year, the Coast Guard listed 29 properties which they believed could be excessed. To date, only 14 have been excessed, and the budget assumption would only raise that level to 17. The Committee believes the Coast Guard could move more aggressively in this area, and accordingly reduces the request by $2,000,000. Personnel and Related Support The bill includes $48,450,000 for AC&I personnel and related support, an increase of $1,450,000 (3.1 percent) above the fiscal year 1998 enacted level, and the same as the budget estimate. Of the funds provided, $750,000 is for core acquisition costs. 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 1999 to $3,000,000, resulting in a corresponding savings in budget authority. ENVIRONMENTAL COMPLIANCE AND RESTORATION Appropriation, fiscal year 1998 $21,000,000 Budget estimate, fiscal year 1999 21,000,000 Recommended in the bill 21,000,000 xlBill compared with: Appropriation, fiscal year 1998 Budget estimate, fiscal year 1999 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