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49 734 cc Calendar No. 468 105 th Congress Report SENATE 2d Session 105 249 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS BILL, 1999 July 15, 1998.--Ordered to be printed Mr. Shelby, from the Committee on Appropriations, submitted the following REPORT [To accompany S. 2307] The Committee on Appropriations reports the bill (S. 2307) making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1999, and for other purposes, reports favorably thereon and recommends that the bill do pass. Amounts of new budget (obligational) authority for fiscal year 1999 Amount of bill as reported to Senate $13,694,249,569 Amount of budget estimates, 1999 13,354,129,000 Fiscal year 1998 enacted 12,720,568,766 C O N T E N T S Total obligational authority 4 Immediate Office of the Secretary 8 Office of the General Counsel 9 Office of the Assistant Secretary for Policy 9 Office of the Assistant Secretary for Aviation and International Affairs 9 Office of the Assistant Secretary for Budget and Programs 11 Office of the Assistant Secretary for Governmental Affairs 11 Office of the Assistant Secretary for Administration 11 Office of Public Affairs 12 Executive Secretariat 12 Contract Appeals Board 12 Office of Intelligence and Security 12 Office of the Chief Information Officer 13 Office of Intermodalism 13 Office of Civil Rights 13 Transportation planning, research, and development 13 Transportation Administrative Service Center 15 Essential Air Service and Rural Airport Improvement Fund 16 Minority Business Resource Center Program 23 Minority business outreach 23 Amtrak Reform Council 23 Operating expenses 29 Acquisition, construction, and improvements 35 Environmental compliance and restoration 43 Alteration of bridges 43 Retired pay 43 Reserve training 44 Research, development, test, and evaluation 44 Boat safety 45 Operations 47 Facilities and equipment 57 Research, engineering, and development 75 Grants-in-aid for airports 80 Limitation on general operating expenses 88 Federal-aid highways 90 Magnetic levitation transportation 98 Appalachian development highway system 99 Motor carrier safety grants 102 Operations and research 104 Highway traffic safety grants 107 Office of the Administrator 109 Railroad safety 110 Nationwide differential global positioning system 111 Railroad research and development 112 Northeast Corridor Improvement Program 114 Railroad Rehabilitation Improvement Program 115 Next generation high-speed rail 115 Alaska railroad rehabilitation 117 Rhode Island rail development 118 Capital Grants to National Railroad Passenger Corporation (Amtrak) 118 Administrative expenses 124 Formula grants 125 University transportation centers 128 Transit planning and research 128 Trust fund share of transit programs 131 Capital investment grants 131 Mass transit capital fund 160 Job access and reverse commute grants 161 Washington Metropolitan Area Transit Authority [WMATA] 162 Operations and maintenance 164 Research and special programs 166 Pipeline safety 169 Emergency preparedness grants 171 Salaries and expenses 172 Salaries and expenses 173 Architectural and Transportation Barriers Compliance Board: Salaries and expenses 175 National Transportation Safety Board: Salaries and expenses 175 Emergency fund 176 General provisions 177 Compliance with paragraph 7, rule XVI, of the Standing Rules of the Senate 180 Compliance with paragraph 7(c), rule XXVI, of the Standing Rules of the Senate 180 Compliance with paragraph 12, rule XXVI of the Standing Rules of the Senate 181 Budgetary impact statement 181 TOTAL OBLIGATIONAL AUTHORITY PROVIDED--GENERAL FUNDS AND TRUST FUNDS In addition to the appropriation of $13,694,249,569 in new budget authority for fiscal year 1999, large amounts of contract authority are provided by law, the obligation limits for which are contained in the annual appropriations bill. The principal items in this category are the trust funded programs for Federal-aid highways, for mass transit, and for airport development grants. For fiscal year 1999, estimated obligation limitations total $32,234,800,000. In addition, Amtrak receives a substantial subsidy from funds Congress identified in the Tax Reform Act of 1997. 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 appropriations acts (including joint resolutions providing continuing appropriations) or accompanying reports of the House and Senate Committees on Appropriations, or accompanying conference reports and joint explanatory statements of the committee of conference. This definition shall apply to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations made through either bill or report language. 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. TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY The Intermodal Surface Transportation Efficiency Act, the previous authorization for most Federal highway, transit, and highway safety programs, expired on September 30, 1997. On May 22, 1998, the Congress passed a new authorization bill, the Transportation Equity Act for the 21st Century [TEA21], which the President signed into law on June 9, 1998. Under this law, most of the authorizations are contract authority; that is, they are available for obligation without appropriation. The role of the appropriations process with respect to contract authority programs generally is to set obligation limitations so that overall Federal spending stays within legislated targets and to appropriate liquidating cash to cover the outlays associated with obligations that have been made. THE GOVERNMENT PERFORMANCE AND RESULTS ACT The Government Performance and Results Act [Results Act] requires Federal agencies to develop strategic plans and annual performance plans and reports. The first multiyear strategic plan was submitted September 30, 1997. The Committee is fully committed to support the Department as it seeks to implement the requirements of the Results Act. The Committee commends the Department for its aggressive implementation of the Results Act. In the performance plan for fiscal year 1999 that was delivered to Congress on February 23, 1998, performance measures have been identified for all of the Department's major programs. A total of 70 performance goals have been established. All of these goals are stated in terms of effects on the American public, and many reflect ambitious target levels of performance. The Department provided the performance plan shortly after receipt of budget justifications. The plan generally contained objective and measurable performance goals covering the Department's budget and are generally useful. However, the plan could be improved by consistently linking strategic goals, program activities, and performance goals. Further, the plan could be strengthened by identifying current (or potential) interagency coordination of goals and measures including discussion of the Department's proposed or potential participation in such areas. The Department's activities under the Government Performance and Results Act are clearly a work in progress. The Department has made significant strides in assessing GPRA's potential for strategically aligning the varied and numerous programs under the Department's jurisdiction. However, although the plan identifies strategies to help achieve the Department's long-term goals, the plan does not adequately describe how those strategies will lead to realization of the long-term goals or the relative contributions of each strategy. Generally, this is a shortcoming reasonably expected to be addressed as the GPRA process evolves and becomes more integrated in the policy, budget, and regulatory formulation and identification processes. However, the Committee encourages the Department to focus in particular on improvements to management to achieve outcomes as this has been a historically weak area for the Department. For example, the Committee encourages greater refinement of goals with specific and quantitable measures to provide greater definition and focus for budgetary, regulatory, and administrative actions. For clarity, the performance plan should resist identifying activities of agencies or offices under strategic goals unless there is discussion of such organizations' primary contributions toward those goals in the body of the plan. Elimination of the mention of these organizations will provide greater focus on the priorities in the strategic goal (if mention of such organization is gratuitous), or will prompt reevaluation of the organizations' roles in the achievement of the strategic goal. The performance plan still has the feel of a document designed to cover the current panoply of activities ongoing or anticipated for the Department. As the process and the plan mature, the Committee anticipates that the performance plan will become a management document rather than a reporting document. The Committee recognizes that implementation will be an iterative process, likely to involve several appropriations cycles, and will support the efforts of the Department to improve its performance plan. We will consider the Department's progress in addressing weaknesses in its annual performance plan in tandem with its funding requests. To this end, we urge the Department to examine the program activities currently supporting its budget requests in light of the Department's strategic goals and to determine whether any changes or realignments would facilitate a more accurate and informed presentation of budgetary information. The Department is encouraged to consult with the Committee as it considers such revisions prior to finalizing any requests pursuant to 31 U.S.C. 1104. The Committee will consider any requests with a view toward ensuring that fiscal year 2000 and subsequent budget submissions display amounts requested against program activity structures that bear clear relationships to performance goals. Year 2000 conversion .--The Committee notes that the Department has greatly improved its management oversight in recent months and appears to be devoting considerable resources to the year 200 conversion problem. However, the Department still has a long way to go and the Office of Management and Budget indicates that the Department, with 14.9 percent of its mission critical systems validated and 7.4 percent implemented, the Department lags well behind the Governmentwide schedule, and its assessments of four systems had not been completed as of the May reporting date. While the entire Department has year 2000 conversion issues, the most critical appear to be within the Federal Aviation Administration. The Federal Aviation Administration has taken significant steps in the last two quarters to accelerate efforts to address the year 2000 problems, but the FAA systems continue to pose a significant risk. The Office of Management and Budget specifically suggested that the FAA: * * * determine priorities for system conversion and replacement based on systems' mission criticality; develop plans for validating and testing all converted or replaced systems; and continue working to develop realistic contingency plans for all business lines to ensure the continuity of critical operations, including the availability of critical telecommunications support. Of particular concern is the FAA's HOST computer system, which is the backbone en route air traffic control. The FAA intends to replace the HOST computers at a pace sufficient to guarantee an adequate supply of spare parts for the remaining computers. FAA is continuing to assess the potential vulnerability of the system's microcode and is validating the feasibility of a date rollback as one of its potential contingency plans. The FAA's contingency planning must provide for continuity of operational capability of the National Airspace System [NAS], including scenarios when the HOST computer is not available. TITLE I--DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY Section 3 of the Department of Transportation Act of October 15, 1966 (Public Law 89 670) provides for establishment of the Office of the Secretary of Transportation [OST]. The Office of the Secretary is composed of the Secretary and the Deputy Secretary immediate offices, the Office of the General Counsel, and five assistant secretarial offices for transportation policy, aviation and international affairs, budget and programs, governmental affairs, and administration. These secretarial offices have policy development and central supervisory and coordinating functions related to the overall planning and direction of the Department of Transportation, including staff assistance and general management supervision of the counterpart offices in the operating administrations of the Department. The Committee recommends a total of $76,925,300 for the Office of the Secretary of Transportation including $40,000 for reception and representation expenses. The Committee is concerned about the continued level of vacancies in the Office of the Secretary and notes that many of the positions have been open for over a year. Accordingly, the appropriation for salaries and expenses has been adjusted downward to reflect current staffing levels generally across the Office of the Secretary. This adjustment is made without prejudice and will be reassessed before final enactment of this bill. In addition, the Committee is increasingly concerned about the apparent reticence on the part of the Office of Congressional Affairs to brief all impacted Committees of the Congress in a timely fashion of administration proposals directly relating to issues and accounts under those committees' jurisdiction. This concern comes directly on the heels of a constant stream of concerns by Members of Congress that matters of constituent interest are not relayed to all members of a State delegation in an even-handed and timely fashion. Unless these deficiencies are remedied immediately, the Committee will reconsider the need for a departmentwide Office of Congressional Affairs, and may resolve to transfer some of the functions to other offices in the Office of the Secretary and devolve the congressional liaison functions to the individual modal administrations. IMMEDIATE OFFICE OF THE SECRETARY The Immediate Office of the Secretary has the primary responsibility for overall policy development, central supervisory and coordinating functions necessary for the overall planning and direction of the Department. The Committee recommends $1,768,600, which is consistent with the fiscal year 1998 appropriation with controls placed on travel and PC&B growth. The Committee expects that the funding will be sufficient for the Immediate Office of the Secretary and expects that any shortfall can be accommodated by slight reductions in benefits and travel. The funding provided will allow for 16 positions. IMMEDIATE OFFICE OF THE DEPUTY SECRETARY The Immediate Office of the Deputy Secretary has the primary responsibility of assisting the Secretary in the overall planning and direction of the Department. The Committee has recommended a total of $554,700 for the Immediate Office of the Deputy Secretary. The Committee's recommendation provides for a staffing level of seven positions. OFFICE OF THE GENERAL COUNSEL The General Counsel is the chief legal officer of the Department of Transportation and the final authority within the Department on all legal questions. The General Counsel's Office provides legal services to the Office of the Secretary, coordinates and reviews the legal work of the Chief Counsels' Offices of the operating administrations, and generally performs the full range of legal services involved in administering an executive department with national and international responsibilities. With the completion of the reauthorization of the Federal-aid Highway Program, National Highway Traffic Safety Administration, Motor Carrier Safety Program, and Federal transit programs, the workload of the General Counsel's Office should substantially decrease, and the funds provided should be ample to carry out the duties of the Office of the General Counsel. The Committee recommends $8,645,000 for the Office of the General Counsel. At this funding level, the Committee expects that the Office will be able to fund 86 staff positions. OFFICE OF THE ASSISTANT SECRETARY FOR POLICY The Assistant Secretary for Policy is the primary policy officer of the Department and is responsible to the Secretary for analysis, development, articulation, and review of policies and plans for domestic transportation. The Committee recommends $2,479,500 for the Office of the Assistant Secretary for Policy. This funding level is sufficient to fund the current onboard staff. OFFICE OF THE ASSISTANT SECRETARY FOR AVIATION AND INTERNATIONAL AFFAIRS The Assistant Secretary for Aviation and International Affairs is responsible for administering the 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 cooperation programs. As overseer of airline economic regulations, the Assistant Secretary is responsible for international aviation programs, the essential air service program, airline fitness and licensing, acquisitions, international route awards, and special investigations such as airline delays and computer reservations systems [CRS]. The Committee has provided $6,686,300, which will provide sufficient resources to fund 85 positions. Aviation competition guidelines. --When Congress passed the Airline Deregulation Act, it decided that the marketplace, and not regulators, should set airline prices and schedules. That landmark action has generated enormous benefits for the air traveling public. However, the Subcommittee on Transportation Appropriations has been very concerned about barriers to entry and the current health of airline competition which may distort the competitive landscape. The subcommittee has held a number of hearings over the past 2 years and one of the clear messages which has emerged from these hearings is that it is critically important to have a truly free market so that everyone, big and small, can compete. Where there is strong competition in the airline industry, the consumers are the primary beneficiaries. What should also be clear is that there is no prospect of support from the Committee to reregulate the airline industry. The Department of Transportation has recently come forth with a Proposed Statement of Enforcement Policy on Unfair Exclusionary Conduct by Airlines. The Committee applauds the Department's initiative to attempt to provide guidelines to the airlines as to what activities constitute anticompetitive activities, but the Committee is concerned that any such policy statement not undermine the very marketplace for airlines services that it is designed to foster. An incautious policy that intervenes in the wrong circumstances could itself chill the competitive process. The Committee also notes that several Committees of the Congress have held hearings and introduced legislation to promote airline competition. As the Department considers ways of providing greater certainty to the airlines as to what constitutes anticompetitive activity, the Committee encourages the Department to consider a process in which the Department, upon receiving a complaint, would consider within a specified time period whether such alleged activity should be referred to the Department of Justice or whether it was a permissible competitive activity. Such an approach would provide greater certainty for air carriers and could provide an efficient mechanism for focusing the Department of Justice's attention on the most suspect of activities. The Committee believes that such a process can be accommodated within current staffing resources and would reject a request for additional resources for the creation of an analytical or legal capability within the Department of Transportation that would also, by necessity, have to be constituted at the Department of Justice. The Committee urges the Department of Transportation to work with interested Committees of the Congress, the Department of Justice, and the airlines to implement existing laws and enforcement practices to protect the economy from anticompetitive conduct. Another concern raised during the subcommittee's hearings was that the role that travel agents play in the maintenance of a competitive landscape between airlines by virtue of the value-added services they provide for consumers might be threatened by actions taken by the major airlines. The Committee encourages the Secretary to monitor the dynamics of the airline ticketing industry and the impacts that developments in that industry have on the access of consumers to airline tickets. OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS The Assistant Secretary for Budget and Programs is the principal staff advisor to the Secretary on the development, review, and presentation of the Department's budget resource requirements, and on the evaluation and oversight of the Department's programs. The primary responsibilities of this Office are to ensure the effective preparation and presentation of sound and adequate budget estimates for the Department, to ensure the consistency of the Department's budget execution with the action and advice of the Congress and the Office of Management and Budget, to evaluate the program proposals for consistency with the Secretary's stated objectives, and advise the Secretary of program and legislative changes necessary to improve program effectiveness. The Committee recommends a total of $5,687,800 for the Office of Assistant Secretary for Budget and Programs. At this level, the Committee has funded the current onboard staff positions and included $40,000 for reception and representation expenses for the Secretary. OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS The Assistant Secretary for Governmental Affairs advises the Secretary on all congressional and intergovernmental activities and on all Department legislative initiatives and other relationships with Members of the Congress; promotes effective communication with other Federal agencies and regional Department officials, and with State and local governments and national organizations for development of departmental programs; and ensures that consumer preferences, awareness, and needs are brought into the decisionmaking process. The Committee recommends $1,600,000 for the Office of the Assistant Secretary for Governmental Affairs. This level holds travel below fiscal year 1998 levels and provides funding for 23 positions. OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION The Assistant Secretary for Administration is the principal adviser to the Secretary on departmental administrative management matters, and is responsible for personnel and training, management policy, employment ceiling control systems, automated systems policy, administrative operations, real and personal property management, acquisition management, grants management, internal departmental financial systems, and ADP facilities and services. The Committee recommends $19,570,200 for the Office of the Assistant Secretary for Administration which includes the OST portion of rent and the majority of OST's TASC contribution. The Committee has provided a level that will support the current staffing levels with a slight reduction in travel and training activities. OFFICE OF PUBLIC AFFAIRS The Director of Public Affairs is the principal adviser to the Secretary and other senior departmental officials and news media on public affairs questions. The Office issues news releases, articles, factsheets, briefing materials, publications, and audiovisual materials. It also provides information to the Secretary on opinions and reactions of the public and news media on transportation programs and issues. The Committee recommends $1,656,600 for the Office of Public Affairs, which will support current staffing levels. EXECUTIVE SECRETARIAT The Executive Secretariat provides and organizes staff service for the Secretary and Deputy Secretary to assist them in carrying out their management functions and facilitate their responsibilities for formulating, coordinating, and communicating major policy decisions. It controls and coordinates internal and external material directed to the Secretary and Deputy Secretary and ensures that their decisions and instructions are implemented. The Committee recommends a funding level of $1,088,500 for the Executive Secretariat, sufficient resources to maintain current staffing levels. CONTRACT APPEALS BOARD The primary responsibility of the Board of Contract Appeals is to provide an independent forum for the trial and adjudication of all claims by, or against, a contractor relating to a contract of any element of the Department, as mandated by the Contract Disputes Act of 1978, 41 U.S.C. 601. The Committee has provided $460,000 for the Contract Appeals Board. This level is sufficient to maintain the current staffing level of five positions. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION The Office of Small and Disadvantaged Business Utilization has primary responsibility for providing policy direction for small and disadvantaged business participation in the Department's procurement and grant programs, and effective execution of the functions and duties under sections 8 and 15 of the Small Business Act, as amended. The Committee recommends $1,000,000, which is sufficient funding to maintain current staffing levels. OFFICE OF INTELLIGENCE AND SECURITY The Office of Intelligence and Security within the Office of the Secretary coordinates security and intelligence policies and strategies among the modes of transportation and serves as liaison with other Government intelligence and law enforcement agencies. The Committee recommends $935,000 for the Office of Intelligence and Security. This level is sufficient to maintain the current staffing levels of nine positions and current activities of the office. OFFICE OF THE CHIEF INFORMATION OFFICER The Committee recommends $4,652,700 for the Office of the Chief Information Officer. This level is sufficient to maintain the current staffing level of 15 positions. OFFICE OF INTERMODALISM The Committee recommends $1,000,000 for the Office of Intermodalism. This level is sufficient to maintain current staffing and activity levels with modest reductions in travel and the initiation of new projects. OFFICE OF CIVIL RIGHTS The Office of Civil Rights is responsible for advising the Secretary on civil rights and equal employment opportunity matters, formulating civil rights policies and procedures for the operating administrations, investigating claims that small businesses were denied certification or improperly certified as disadvantaged business enterprises, and overseeing the Department's conduct of its civil rights responsibilities and making final determinations on civil rights complaints. In addition, the Civil Rights Office is responsible for enforcing laws and regulations which prohibit discrimination in federally operated and federally assisted transportation programs. The Committee has provided a funding level of $5,562,000 for the Office of Civil Rights. The Committee notes the unusually high number of vacancies in the Office of Civil Rights, and expects the Director to fill these positions as soon as possible. In addition, the Committee is aware of the persistent carryover load of EEO cases and encourages the director to explore alternative means of managing the caseload. Options to be explored should include contracting out and cost-sharing arrangements with the administrations generating the largest portion of the Office's caseload. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT Appropriations, 1998\1\ $4,400,000 Budget estimate, 1999 4,710,000 Committee recommendation 8,328,400 \1\Does not include reduction for TASC pursuant to section 320 of Public Law 105 66. The Office of the Secretary performs those research activities and studies which can more effectively or appropriately be conducted at the departmental level. This research effort supports the planning, research and development activities, and systems development needed to assist the Secretary in the formulation of national transportation policies. The program is carried out primarily through contracts with other Federal agencies, educational institutions, nonprofit research organizations, and private firms. Policy studies .--The recommended level for policy studies for the development and implementation of transportation economic policy and for the development of environmental energy and safety policy has been reduced by $200,000. Transportation planning .--The recommended level includes funding for transportation planning assistance for the 2002 Winter Olympics in Salt Lake City and for planning and logistical support for the 1999 Special Olympics World Summer Games and the 2001 Special Olympic World Winter Games. Missing children .--The Committee is aware of the effective work of the National Center for Missing and Exploited Children to combat crimes against children and to reunite abducted or runaway children with their families. There are many opportunities in the transportation sector to alert the public to the status of a missing child. For example, truckstops, airports, rail and bus stations, and other transportation facilities are utilized by millions of Americans every day. These are ideal places to raise public awareness of missing children. Moreover, employees in the transportation sector, including flight attendants, bus and truck drivers, and ticket agents, come into contact with hundreds of individuals every day and could be a key element in identifying abducted children. When nonlaw enforcement entities adopt procedures that hinder pedophiles and kidnappers, they are doing a much needed public service. Of note is WalMart's Code Adam Program. When a child disappears in a participating store, Code Adam is addressed over the public address system. Store personnel immediately stop work to look for the child and monitor all exits. If the missing child is not located in 10 minutes, or is seen with someone other than a parent or guardian, the police are called. This program is implemented in all 2,800 WalMart and Sam's Club stores. The Committee urges the transportation sector to consider similar programs. The Committee directs the Secretary and each of the modal administrators to work with the National Center for Missing and Exploited Children and the transportation industry to identify and implement initiatives to maximize the transportation sector's involvement in the effort to relocate missing children. The Committee directs the Secretary to report to the House and Senate Committees on Appropriations no later than March 31, 1999, on the identified initiatives in this area and the actions taken to implement those efforts. Transportation noise model .--The Department of Transportation should continue research toward developing a multimodal acoustic noise model that encompasses all transportation related noise sources, so as to efficiently minimize combined impact on community noise. No later than January 1, 1999, the Department shall provide the Committee a plan for achieving this goal. The Department should continue to improve the transportation noise model [TNM] by incorporating neglected but relevant propagation phenomena that affect community noise, such as atmospheric effects. While the Department continues research toward developing a multimodal acoustic noise model, it should require concurrent use of TNM and its previous noise prediction model. Freight mobility .--The recommended level includes $40,000 for a joint freight mobility study to initiate and coordinate a freight mobility system in Washington State to focus on the freight movement problems of the Puget Sound region. Special attention should be given to improving business practices to mitigate the freight mobility problems in the region. Flood project alternatives research .--Flooding in the Interstate 5 corridor at Centralia/Chehalis in Washington State compromises freight mobility in the corridor and presents a unique opportunity to provide a coordinated approach between flood control projects and highway construction. The Committee provides $250,000 and directs the Secretary to work with the Lewis County Economic Development Corp., the Washington State Department of Ecology, and Grays Harbor County to further efforts to identify and conduct preliminary work on a basinwide solution to this transportation problem as a pilot program for other flood plain and highway conflicts. TRANSPORTATION ADMINISTRATIVE SERVICE CENTER Limitation, 1998\1\ ($121,800,000) Budget estimate, 1999\2\ (175,715,000) Committee recommendation (165,215,000) \1\Does not reflect reduction pursuant to section 320 of Public Law 105 66. \2\Proposed without limitations. The Transportation Administrative Service Center [TASC] provides a business operation fund for DOT to provide a wide range of administrative services to the Department and other customers. TASC functions as an entrepreneurial and self-sufficient entity and provides competitive quality services responsive to customer needs. The TASC is governed by a Board of Directors composed of customer agencies operating in a competitive business-like environment. The TASC presents proposed operating and financial plans to the Board at the beginning of each fiscal year. Once the Board has approved those plans the TASC provides products and services to its full customer base. The Director of TASC provides quarterly performance and financial reports to the Board, makes recommendations for changes to the approved plans and is responsible for the day-to-day management of the TASC. DOT administrations must procure consolidated administrative services from the TASC unless a financial analysis of the services demonstrates that it is more cost beneficial to the Department as a whole--not to an individual operating entity alone--to change the nature of the service delivery (to consolidate a service or to decentralize a service). TASC services are being marketed to customers outside DOT to provide greater economies of scale, thus reducing costs to individual customers. TASC services include: --Functions formerly in DOT's working capital fund [WCF]; --Office of the Secretary [OST] personnel, procurement and information technology support operations; --Systems development staff; --Operations of the consolidated departmental dockets facilities; and --Certain departmental services and administrative operations, such as human resources management programs, transit fare subsidy payments, and employee wellness including substance awareness and testing. All of the services of the TASC will be financed through customer reimbursements, to the extent possible, on a fee-for-service basis. The bill includes language that includes a limitation on activities financed through the transportation administrative service center at $165,215,000. The limitation shall not apply to non-DOT entities and the Committee directs that activities shall be provided on a competitive basis. Further, the Committee directs that the Department shall submit with the Department's congressional budget submission an approved annual operating plan of the transportation administrative service center and quarterly reports to the House and Senate Committees on Appropriations. ESSENTIAL AIR SERVICE AND RURAL AIRPORT IMPROVEMENT FUND Appropriations, 1998 (mandatory authority)\1\ $50,000,000 Budget estimate, 1999 (mandatory authority) 50,000,000 Committee recommendation (mandatory authority) 50,000,000 \1\Transfer from FAA operations. The Essential Air Service [EAS] and Rural Airport Improvement Program provides funds directly to commuter/regional airlines to provide air service to small communities that otherwise would not receive air service and for rural airport improvement as provided by the 1996 Federal Aviation Reauthorization Act. The Federal Aviation Reauthorization Act of 1996 authorizes $100,000,000 in user fees for flights that fly over, but do not land in, the United States. The first $50,000,000 of each year's fees go directly to carry out the Essential Air Service Program and, to the extent not used for essential air service, to improve rural airport safety. If $50,000,000 in fees is not available, funding must be transferred from other FAA appropriations to the EAS programs. Many EAS points are located in remote rural areas: 57 of 69 communities served by the Essential Air Service Program are more than 100 highway miles from the nearest small, medium, or large hub airport. Twenty-six more communities are located in Alaska, where, in all but two cases, year-round road access does not exist, and in many instances does not exist at all. Recognizing the critical importance of EAS service to these communities, the Committee intends that service in Alaska not be reduced. Without air service, such communities would be further isolated from the Nation's economic centers. Moreover, businesses are typically interested in locating in areas that have convenient access to scheduled air service. Loss of service would seriously hamper small communities' ability to attract new business or even to retain those they now have, resulting in further strain on local economies and loss of jobs. The Committee has retained the general provision which limits the number of communities that receive EAS funding by excluding points in the 48 contiguous United States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a subsidy in excess of $200 per passenger unless such a point is more than 210 miles from the nearest large or medium hub airport. The following table reflects the points currently receiving service and the annual rates as of the end of March 1998. The $50,000,000 funding level is more than sufficient to maintain current service levels and quality of service at the communities currently served by the EAS program. In the lower 48 States, the tables show distances that EAS communities are from other air service centers and subsidy-per-passenger calculations. The distance figures are shown to give a sense of the degree of isolation of the communities, and the subsidy-per-passenger figures are a rough measure of the cost of providing the service compared to the number of passengers benefiting from the service. Neither of those calculations are particularly relevant to Alaska. First, only three of the 26 subsidized communities in Alaska have road access to other air service. Thus, the Alaskan communities are clearly among the most isolated in the Nation. In fact, many are islands and would be all but cut off from the rest of the world without air service. Second, any subsidy-per-passenger calculation would be highly misleading, at best. While subsidy-per-passenger may be used as a crude measure of cost benefit in the lower 48, in many of the subsidized EAS markets the principal traffic being carried on the EAS flights is food being delivered to the bush community. Thus, the whole community benefits--indeed is fully dependent on--the EAS flights, not just the few who may actually travel on the flights. EAS SUBSIDY RATES AS OF JUNE 1, 1997 AND MARCH 1, 1998 States/communities Estimated mileage to nearest hub (small, medium, or large)\1\ Average daily enplanements at EAS point (year ending June 30, 1997) Annual subsidy rates as of June 1, 1997 Subsidy per passenger\2\ Current annual subsidy rates (March 1, 1998) Arizona: 101 6.9 $155,369 $51 $411,217 Arkansas: 108 5.5 569,344 112 943,347 California: 234 26.0 151,450 12 189,043 Colorado: 162 16.6 (\3\) (\3\) (\3\) Hawaii: Kamuela 39 4.4 292,061 181 335,454 Illinois: 126 5.1 182,319 62 218,783 Iowa: Ottumwa 85 4.5 382,072 181 458,485 Kansas: 149 9.9 146,225 28 611,661 Maine: 71 10.1 330,080 53 595,320 Michigan: 236 15.1 141,363 37 494,668 Minnesota: 121 (\5\) (\5\) (\5\) 678,375 Missouri: 138 14.1 108,120 24 295,466 Montana: 280 6.1 387,540 110 684,766 Nebraska: 256 3.9 346,863 296 797,133 Nevada: Ely 237 3.0 508,759 335 867,188 New Hampshire: Keene 56 5.3 382,283 132 737,926 New Mexico: 91 11.3 188,923 28 656,745 New York: 118 10.2 132,540 28 266,371 North Dakota: 396 12.7 415,506 53 678,375 Oklahoma: 84 5.1 381,517 121 767,398 Pennsylvania: Oil City/Franklin 86 24.2 118,373 9 243,923 South Dakota: 57 (\5\) (\5\) (\5\) 678,375 Texas: Brownwood 138 2.9 499,109 227 807,717 Utah: 178 21.8 292,882 26 577,538 Vermont: Rutland 69 10.6 382,283 62 737,926 Washington: Ephrata/Moses Lake 108 40.8 177,628 9 219,483 West Virginia: 173 8.5 270,835 60 618,017 Wyoming: 144 35.3 (\3\) (\3\) (\3\) \1\Hub designations are recalculated annually and published by the FAA in the Airport Activity Statistics. The above distances are based on the 1997 Airport Activity Statistics, which is based on calendar year 1996 passenger data. \2\Rounded to the nearest dollar. \3\Subsidy rate under negotiation. \4\There was an extended service hiatus during the year ended June 30, 1997; thus, no meaningful calculation can be made. \5\Either no service or subsidy rate in place. NOTE.--The Department has authorized subsidy for service levels that meet at least the statutory minimums beginning in fiscal year 1998, that is, October 1, 1998. The enplanements per day, on the other hand, reflect the subminimum service levels of ten round trips a week. GSA RENTAL PAYMENTS [Dollars and square feet in thousands] Administration Fiscal year 1997 enacted\1\ Fiscal year 1997 GSA billings Fiscal year 1998 estimate Fiscal year 1999 estimate Funding Square feet Funding Square feet Funding Square feet Federal Highway Administration [$17,294] [1,078] [$17,369] $17,480 1,077 $17,922 1,076 National Highway Traffic Safety Administration 217 4,361 4,234 217 4,042 206 Federal Railroad Administration 143 4,075 2,930 123 2,753 112 Federal Transit Administration 152 3,091 3,239 155 3,030 140 Federal Aviation Administration 4,170 68,833 67,500 4,047 77,887 4,226 U.S. Coast Guard 2,363 35,886 36,472 2,367 35,285 2,321 St. Lawrence Seaway Development Corporation 10 198 199 10 Research and Special Programs Administration 105 2,041 2,075 106 1,965 98 Office of Inspector General 110 2,202 2,350 110 2,186 100 Office of the Secretary of Transportation [OST] 302 6,334 6,215 284 6,045 270 Transportation Administrative Service Center 304 6,455 6,640 300 8,982 386 Bureau of Transportation Statistics 24 489 660 24 750 25 OST rental payments to GSA 127,447 7,900 133,965 ----------- ---------------- ----------- -------------- --------- ------------- ------- Subtotal 127,447 7,900 133,965 149,994 8,820 160,847 8,960 =========== ================ =========== ============== ========= ============= ======= Federal Highway Administration 17,294 1,078 17,369 ----------- ---------------- ----------- -------------- --------- ------------- ------- Subtotal, consolidated account 144,741 8,978 151,334 =========== ================ =========== ============== ========= ============= ======= Maritime Administration 4,433 286 4,361 4,684 286 4,364 287 Surface Transportation Board 1,471 56 1,471 1,488 56 1,517 56 ----------- ---------------- ----------- -------------- --------- ------------- ------- Total, Department of Transportation 150,645 9,320 157,166 156,166 9,162 166,728 9,303 \1\Enacted as a single account under the Office of the Secretary of Transportation. Fiscal year 1997 directed the reimbursement of FHWA GSA rent from FHWA LGOE account to the consolidated account. Requirements for fiscal year 1997 are best represented by the actual billings. There was no distribution made of the enacted amount of $144,741,000. MINORITY BUSINESS RESOURCE CENTER PROGRAM Appropriations, 1998 $1,900,000 Budget estimate, 1999 1,900,000 Committee recommendation 1,900,000 Office of Small and Disadvantaged Business Utilization [OSDBU]/Minority Business Resource Center [MBRC]. --The OSDBU/MBRC provides assistance in obtaining short-term working capital and bonding for disadvantaged, minority, and women-owned businesses [DBE/MBE/WBE's]. In fiscal year 1999, the short-term loan program will continue to focus on the lending of working capital to DBE/MBE/WBE's for transportation-related projects in order to strengthen their competitive and productive capabilities. The Committee encourages the Minority Business Resource Center to work with Stillman College to assist students in understanding the opportunities and challenges facing young entrepreneurs in the transportation industry. Since fiscal year 1993, the loan program has been a separate line item appropriation, which segregated such activities in response to changes made by the Federal Credit Reform Act of 1990. The limitation on direct loans under the Minority Business Resource Center is at the administration's requested level of $13,775,000. Of the funds appropriated, $1,500,000 covers the direct subsidy costs for loans not to exceed $13,775,000; and, $400,000 is for administrative expenses to carry out the Direct Loan Program. MINORITY BUSINESS OUTREACH Appropriations, 1998 $2,900,000 Budget estimate, 1999 2,900,000 Committee recommendation 2,900,000 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 support to historically black and Hispanic colleges. Separate funding is requested by the administration since this program provides grants and contract assistance that serves DOT-wide goals and not just OST purposes. AMTRAK REFORM COUNCIL Appropriations, 1998\1\ $2,450,000 Budget estimate, 1999\2\ 500,000 Committee recommendation 450,000 \1\Of the amount provided, $1,970,000 was utilized for the contract on the independent assessment of Amtrak, required by sections 202 and 409 of the Amtrak Reform and Accountability Act (Public Law 105 134); and $400,000 was transferred to the DOT inspector general for new responsibilities associated with section 409(c) of Public Law 105 134, leaving a balance for the Council of approximately $80,000. \2\In the administration's budget request, both the independent assessment of Amtrak's financial status and the Amtrak Reform Council are to be funded within this requested amount. This funding was requested as part of the capital grants to the National Passenger Railroad Corporation. The Committee recommends an appropriation of $450,000 for necessary expenses of the Amtrak Reform Council [ARC]. Initial funding for the ARC was provided in the fiscal year 1998 supplemental appropriations bill, Public Law 105 174. The Amtrak Reform and Accountability Act of 1997 [ARAA] directs the establishment of an independent commission to be known as the Amtrak Reform Council. The ARC consists of 11 members, including four Senate appointees, four House appointees, two Presidential appointees, and the Secretary of Transportation. To date, the ARC slate has not been filled--one of the Presidential appointees has not yet been named. However, the ARC has begun meeting and coordinating with the DOT inspector general and other interested parties. The ARC members serve without pay, but receive travel expenses and per diem. Under the ARAA, the responsibilities of the ARC include evaluating Amtrak's performance and making recommendations to Congress and Amtrak for achieving further cost containment, productivity improvements, and financial reforms. The most important tool for the ARC's evaluation of Amtrak's performance will be the independent assessment of Amtrak's financial requirements through the end of fiscal year 2002, as required in section 202 of the ARAA. The contract for the independent assessment was let on May 5, 1998, to Battelle Memorial Institute, and will be completed in early November. The contractor is reviewing Amtrak's financial reports, business planning documents, and management consultant studies in order to develop a comprehensive assessment of Amtrak's financial condition. This will independently verify Amtrak's accounting methods, to determine whether assumptions made by Amtrak, on which the Corporation has built their strategic business plan, can be successfully borne out in future operating and capital investment decisions. Although the ARC will not have the results of the independent assessment until November 1998, the Committee lauds the decision to begin working toward meeting its legislative charge. As a practical matter, the ARC is a temporary commission. After December 1999, the Commission must make a determination on whether or not Amtrak can meet the financial goals outlined in the ARAA. If the ARC determines these goals cannot be met, they must then submit a restructuring plan, and Amtrak must submit a liquidation plan. The Committee's recommended funding level, $450,000, will allow the ARC to decisively move forward in performing its tasks and responsibilities. These funds are available for 2 years, through September 30, 2000. The Committee is aware that the members of the ARC have been selected based on their technical qualifications, professional standing, and demonstrated expertise in areas relevant to the needs of the Council. Therefore, there should be no need for outside consultant services, and the Committee has included a provision precluding the use of appropriated funds for such services. Route closure and realignment recommendations. --Under current authority, the ARC can recommend improvements or changes in law that it believes to be necessary or appropriate, including recommending that the Amtrak Board of Directors close down or consolidate unprofitable routes. In addition, the sunset trigger in the ARAA directs the ARC to notify the President and the appropriate congressional committees if Amtrak's business performance prevents the railroad from meeting its financial goals, or if the ARC determines that continued Federal operating subsidies will be required after December 2, 2002. In order to help Amtrak work toward meeting its financial goals and to decrease reliance on Federal subsidies, the ARC shall identify Amtrak routes which are candidates for closure or realignment, and report to the Congress annually, as required under the ARAA, on these recommendations. The process for determining candidate routes for closure or realignment shall be based on Amtrak's own performance rankings, which incorporate information on each route's fully allocated costs and ridership on core intercity passenger service. A May 1998 General Accounting Office report entitled ``Financial Performance of Amtrak's Routes'' (GAO/RCED 98 151) examined the operating ratios for all of Amtrak's 40 intercity routes during fiscal year 1997, and ranked the routes by performance. The only profitable route on Amtrak's system is the New York to Washington, DC Metroliner. All other Amtrak routes lose money on a per passenger basis, from a low of $11 lost per passenger trip to a high of $284 lost per passenger. The average systemwide per passenger loss is $47. Though the Committee recognizes that the issue of connectivity is important to any passenger rail system, it is imperative that these losses be stemmed by judicious reductions and rationalizations. The Committee has determined that making recommendations for route closures or realignments is a task that is complementary to the Amtrak Reform Council's mission, and is well within the scope of the ARC's statutory responsibilities. General Provisions Political and Presidential appointees .--The Committee has included a provision in the bill (sec. 305), which is similar to general provisions that have been included in previous appropriations acts, which limits the number of political and Presidential appointees within the Department of Transportation. The Committee is recommending that the ceiling for fiscal year 1999 be 91 personnel. Advisory committees .--The Committee has retained a general provision (sec. 327) which would limit the amount of funds that could be used for the expenses of advisory committees utilized by the Department of Transportation. The limitation specified is $1,000,000. Rebates, refunds, and incentive payments .--The Department receives funds from various Government programs at different time intervals (that is, weekly, monthly, quarterly). For example, under the General Services Administration's Travel Management Center [TMC] Program, rebate checks received from the travel contractor are distributed monthly to each element of the Department in proportion to net domestic airline sales arranged by the contractor. Past expenditures have to be analyzed to determine the proper sources to refund which can be a time-consuming process. The staff time and cost associated with the precise accounting for each such refund is prohibitive. To alleviate the need to specifically identify the source for each repayment the Committee has included language (sec. 333) that allows a fair and sensible allocation of the rebates and miscellaneous and other funds. Many repayments are received late in the fourth quarter of the fiscal year or in the first quarter of the new fiscal year and thus are not effectively available to the agency for new obligations. For example, rebate checks for September travel are received from the travel management contractor in October. To maintain good financial management incentives and avoid injudicious commitments, this provision would provide specific authority to use rebated funds for program purposes beyond the fiscal year of the appropriation charged for the initial payment. Other User fees .--The Committee has included bill language, included in previous appropriations bills, which permits the Office of the Secretary to continue to credit to this account $1,000,000 in user fees. Reductions in fiscal year 1998 appropriations .--In fiscal year 1998, reductions were made to a number of accounts due to limitations or reductions imposed in various areas, such as the Transportation Administration Services Center and the Presidential line-item veto. In the Senate Committee report, each account head shows the amount appropriated in Public Law 105 66 before the various reductions were made. The table below depicts the amount of funds appropriated for each of the accounts, and the reductions required. CHANGES IN FISCAL YEAR 1998 DEPARTMENT OF TRANSPORTATION APPROPRIATIONS Account Public Law 105 66 President's line-item veto Public Law 105 119 Net appropriation Appropriations GP 320 TASC Appropriations transfer from DOS Office of the Secretary: $61,000,000 -$343,000 $60,657,000 ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -363,000 ================ ============= ================================== =========== =============== U.S. Coast Guard: Operating expenses (includes $300,000,000 for defense-related activities) 2,715,400,000 -529,000 $63,000 2,714,934,000 ================ ============= ================================== =========== =============== Federal Aviation Administration: Operations 5,301,934,000 -939,000 1,554,000 5,302,549,000 ================ ============= ================================== =========== =============== Federal Highway Administration: (552,266,000) ( -610,000) (551,656,000) ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -657,000 ================ ============= ================================== =========== =============== National Highway Traffic Safety Administration: 74,901,000 -81,000 74,820,000 ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -178,000 ================ ============= ================================== =========== =============== Federal Railroad Administration: 20,290,000 -29,000 20,261,000 ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -49,000 -5,280,000 ================ ============= ================================== =========== =============== Federal Transit Administration: 45,738,000 -124,000 45,614,000 ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -124,000 -500,000 ================ ============= ================================== =========== =============== St. Lawrence Seaway Development Corporation: Operations and maintenance 11,200,000 -7,000 11,193,000 Research and Special Programs Administration: 28,450,000 -48,000 -450,000 27,952,000 ---------------- ------------- ---------------------------------- ----------- --------------- Subtotal -92,000 -450,000 ================ ============= ================================== =========== =============== Office of the Inspector General: Salaries and expenses 42,000,000 -59,000 41,941,000 ================ ============= ================================== =========== =============== Bureau of Transportation Statistics\1\ (25,000,000) ( -47,000) (24,953,000) ================ ============= ================================== =========== =============== Surface Transportation Board: Salaries and expenses 13,853,000 -3,000 13,850,000 ================ ============= ================================== =========== =============== Total reductions, Department of Transportation -3,000,000 -6,230,000 1,617,000 \1\BTS reductions in parentheses included under Federal-aid highways. U.S. COAST GUARD SUMMARY OF FISCAL YEAR 1999 PROGRAM The U.S. 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. In 1939, the U.S. Lighthouse Service was transferred to the Coast Guard, followed by the Bureau of Marine Inspection and Navigation in 1942. The Coast Guard has as its primary responsibilities the enforcement of all applicable Federal laws on the high seas and waters subject to the jurisdiction of the United States; promotion of safety of life and property at sea; assistance to navigation; protection of the marine environment; and maintenance of a state of readiness to function as a specialized service in the Navy in time of war (14 U.S.C. 1, 2). The Committee recommends a total program level of $3,959,757,000 for the activities of the Coast Guard in fiscal year 1999. The following table summarizes the Committee's recommendations: [In thousands of dollars] Program Fiscal year-- Committee recommendations 1998 enacted 1999 estimate Operating expenses\1\\2\ 2,715,400 2,771,705 2,761,603 Acquisition, construction, and improvements\3\\4\ 397,850 442,773 388,693 Environmental compliance and restoration 21,000 21,000 21,000 Alteration of bridges 17,000 20,000 Retired pay 653,196 684,000 684,000 Reserve training 67,000 67,000 67,000 Research, development, test, and evaluation 19,000 18,300 17,461 Boat safety 35,000 -------------- --------------- ----------- Total 3,925,446 4,004,778 3,959,757 \1\Excludes reduction for TASC pursuant to section 320 of Public Law 105 66; excludes transfer from Department of State pursuant to Public Law 105 119. \2\Fiscal year 1998 enacted and fiscal year 1999 Committee recommended amount include $300,000,000 in defense discretionary funding; fiscal year 1999 estimate includes $309,000,000, both amounts for national security activities of the Coast Guard and scored against budget function 050 (defense). \3\Includes $9,000,000 for fiscal year 1998 and $1,000,000 for fiscal year 1999 in proposed asset sales. \4\Fiscal year 1999 estimate includes $35,000,000 in proposed navigation assistance tax fees. OPERATING EXPENSES General Trust Total Appropriations, 1998\1\ $2,690,400,000 $25,000,000 $2,715,400,000 Budget estimate, 1999\2\ 2,746,705,000 25,000,000 2,771,705,000 Committee recommendation\3\ 2,741,603,000 25,000,000 2,761,603,000 Secretary's discretionary transfer authority 60,000,000 60,000,000 ---------------- ------------- ---------------- Total available funds 2,793,603,000 25,000,000 2,821,603,000 \1\Includes $300,000,000 for national security activities scored against budget function 050 (defense). Excludes reductions for TASC pursuant to section 320 of Public Law 105 66; excludes transfer from Department of State pursuant to Public Law 105 119. \2\Includes $309,000,000 for national security activities scored against budget function 050 (defense). \3\Includes $300,000,000 for national security activities scored against budget function 050 (defense). The ``Operating expenses'' appropriation provides funds for the operation and maintenance of multipurpose vessels, aircraft, and shore units strategically located along the coasts and inland waterways of the United States and in selected areas overseas. The program activities of this appropriation fall into the following categories: Search and rescue. --One of its earliest and most traditional missions, the Coast Guard maintains a nationwide system of boats, aircraft, cutters, and rescue coordination centers on 24-hour alert. Aids to navigation. --To help mariners determine their location and avoid accidents, the Coast Guard maintains a network of manned and unmanned aids to navigation along our coasts and on our inland waterways, and operates radio stations in the United States and abroad to serve the needs of the armed services and marine and air commerce. Marine safety. --The Coast Guard insures compliance with Federal statutes and regulations designed to improve safety in the merchant marine industry and operates a recreational boating safety program. Marine environmental protection. --The primary objectives of this program are to minimize the dangers of marine pollution and to assure the safety of U.S. ports and waterways. Enforcement of laws and treaties. --The Coast Guard is the principal maritime enforcement agency with regard to Federal laws on the navigable waters of the United States and the high seas, including fisheries, drug smuggling, illegal immigration, and hijacking of vessels. Ice operations. --In the Arctic and Antarctic, Coast Guard icebreakers escort supply ships, support research activities and Department of Defense operations, survey uncharted waters, and collect scientific data. The Coast Guard also assists commercial vessels through ice-covered waters. Defense readiness. --During peacetime the Coast Guard maintains an effective state of military preparedness to operate as a service in the Navy in time of war or national emergency at the direction of the President. As such the Coast Guard has primary responsibility for the security of ports, waterways, and navigable waters up to 200 miles offshore. COMMITTEE FUNDING RECOMMENDATION The Committee recommendation for Coast Guard operating expenses is $2,761,603,000, including $25,000,000 from the oilspill liability trust fund and $300,000,000 from function 050 for the Coast Guard defense-related activities. The Committee notes that the cost per average FTE for the Coast Guard in the most recent complete fiscal year is $65,560. The anticipated cost per average FTE for fiscal year 1998 is $69,630. The Committee recommendation provides sufficient resources for an average FTE cost greater than that anticipated for fiscal year 1998 at staffing levels above current levels. The Committee also notes that the 5-year FTE experience indicates that the Coast Guard tends to lag behind requested FTE levels. The Committee encourages the Coast Guard to strive to reduce the ratio of officers to enlisted and to report to the Committee by March 1, 1999, on the officer-to-enlisted ratio over the past 10 years with comparable officer-to-enlisted ratios from the other services. [In thousands of dollars] Fiscal year 1998 enacted\1\ Budget request Committee recommendation Personnel resources: 1,246,767 1,292,406 1,290,029 ----------------------------- ---------------- -------------------------- Total, personnel resources 1,702,298 1,762,471 1,752,673 ============================= ================ ========================== Operating funds and unit level maintenance: 114,009 109,563 109,563 District commands: 1st district 37,711 36,831 36,831 7th district 46,400 47,532 47,532 8th district 29,894 30,044 30,044 9th district 18,205 18,583 18,583 13th district 13,749 13,887 13,887 14th district 9,838 10,655 10,655 17th district 20,693 19,805 20,693 ----------------------------- ---------------- -------------------------- Total, operating funds and unit level maintenance 617,530 619,593 619,289 ============================= ================ ========================== Depot level maintenance: 154,261 152,391 152,391 ----------------------------- ---------------- -------------------------- Total, depot level maintenance 395,106 389,641 389,641 ============================= ================ ========================== Total appropriation 2,714,934 2,771,705 2,761,603 \1\Includes reduction of $529,000,000 for TASC pursuant to section 320 of Public Law 105 66; includes transfer of $63,000,000 from Department of State pursuant to Public Law 105 119. Note.--Fiscal year 1998 enacted and fiscal year 1999 request include $300,000,000 and $309,000,000, respectively, for national security activities, budget function 050 (defense). PERSONNEL RESOURCES Military pay and benefits. --The Coast Guard is to be commended for the progress that has been made over the past several years to streamline and increase the efficiency of the uniformed services. Staffing continues to lag behind recruiting goals, in part because of the competition for qualified individuals that is endemic to the current robust state of the economy. However, the 5-year FTE utilization experience of the Coast Guard indicates that they continue to run behind requested levels and accordingly, the Committee recommends a reduction in the FTE levels and a commensurate reduction in the military pay and benefits request. The Committee also notes that the streamlining effort has not yet been fully reflected throughout the ranks and trusts that the Commandant will continue to pursue the streamlining efforts of his predecessor and seek a ratio of officers to enlisted personnel consistent with the other armed services and the unique nature of the Coast Guard's multiple mission requirements. International engagement in Caribbean. --The Committee has not included funding for the mobile, ship-based support and training buoy tender platform as requested in the budget, without prejudice. Although this may be a worthwhile foreign policy initiative, the budgetary constraints already facing the Coast Guard make such an addition to the Coast Guard's mission profile an unwarranted diversion of operating funding from other critical missions. Military health care .--The Committee has provided $121,800,000 for military health care, an increase of $2,399,000 over fiscal year 1998 levels. The Committee supports the Alaska Federal Health Care Partnership's proposal to develop an Alaska-wide telemedicine network to provide access to health services and health education information in remote areas of Alaska to the more than 200,000 Federal beneficiaries now living or stationed in Alaska, including more than 3,000 Coast Guard beneficiaries. The partnership, a joint effort of the Coast Guard, Department of Defense, Department of Veterans Affairs, and the Indian Health Service will create 235 telemedicine health care access sites at Coast Guard, DOD, VA and IHS clinical facilities throughout Alaska linking remote installations and villages with tertiary health facilities located in Anchorage and Fairbanks over a 4-year period and should serve as a model for the use of telemedicine technology for the delivery of health care services and health care education in remote settings. The Committee has provided funding for the Coast Guard to participate in the partnership's Alaska telemedicine project. Training and education .--The recruiting and training support category has several subsets, including recruiting, training centers (Yorktown, VA; Petaluma, CA; and Cape May, NJ), the Coast Guard Academy, and professional training and education. The Committee has provided $65,012,000 consistent with the budget request. The Committee believes that the Coast Guard has done a good job in trying to hold costs down, and though its budget for professional training and education is sizable, further cuts are not necessary at this time and would undermine the Coast Guard's efforts to recruit and train to meet personnel needs in a streamlined Coast Guard. OPERATING FUNDS AND UNIT LEVEL MAINTENANCE BILL LANGUAGE National security .--The Committee's recommendation includes $300,000,000 from the defense function for Coast Guard support of national security activities. The Coast Guard plays a key role in support of military missions under the U.S. Atlantic and Southern Commands in support of drug interdiction missions, refugee and immigration support, and enforcement and joint military training. The Coast Guard is a cost-effective force which is multimissioned. Its ships, aircraft, shore units, and people have four primary roles: maritime safety, maritime law enforcement, marine environmental protection, and national defense. These roles are complementary and contribute to the Coast Guard's unique niche within the national security community. The value of the Coast Guard forces and their mission experience was clearly evident by their active participation in Operations Desert Shield/Storm in the Persian Gulf, and more recently, in Operation Desert Thunder in the Persian Gulf and Operations Restore/Uphold Democracy in Haiti. The Coast Guard is one of the five Armed Forces, and is a full partner on the joint national security team. To be a credible partner, the Coast Guard must maintain a high state of operational readiness. Many parts of the Coast Guard's budget contain funding requests that, if cut, would severely impair the Coast Guard's operational readiness and, therefore, its ability to meet national security commitments. GENERAL PROVISIONS Vessel traffic safety fairway, Santa Barbara/San Francisco .--The Committee has included a general provision (sec. 313) that would prohibit funds to plan, finalize, or implement regulations establishing a vessel traffic safety fairway which is less than 5 miles wide between the Santa Barbara vessel traffic separation scheme and the San Francisco vessel traffic separation scheme. This language has been included in previous appropriations bills. OTHER Mackinaw .--The bill includes funding for continued operation and maintenance of the icebreaking cutter Mackinaw during fiscal year 1999. Drug interdiction activities .--The Committee has provided the requested $369,000,000 for the war on drugs. It should be left to the Commandant's discretion how the drug interdiction activities funding is to be distributed; however, the Committee believes that this area is perfectly suited for application of performance measures and evaluation of program impacts. Global marine distress signal system [GMDSS] .--The Committee is concerned with potential problems with the implementation of the global marine distress signal system [GMDSS]. The Federal Communications Commission [FCC] has adopted regulations that will require GMDSS units to be installed on all vessels, including fishing vessels, over 300 tons. This is intended to replace ship-to-ship emergency communications with an automated ship-to-shore system. Several problems exist with the GMDSS concept as it would be applied. One of the most serious problems would be that vessels carrying GMDSS equipment would no longer be required to monitor other communications channels including those most frequently used by fishing vessels. Most successful rescues are performed by other nearby commercial vessels, and under this new regime, the distressed vessel would have to rely on the Coast Guard to direct nearby vessels to the incident site. This will cause an unnecessary delay in response and could substantially degrade current levels of safety. Other potential problems include: (1) whether new shore-based stations will provide adequate listening coverage for all parts of the Bering Sea; (2) cost per vessel of installing the new equipment; (3) lack of adequate training for system operators; and (4) whether manufacturers of GMDSS equipment are capable of supplying the number of units that will be required by February 1, 1999. The Committee directs the Commandant to ensure that the Coast Guard's mission to ensure the safety of life at sea is not compromised by the new GMDSS requirements and to report to the House and Senate Committees on Appropriations on what actions, if any, are necessary to provide this assurance. Marine Fire and Safety Association .--The Committee remains supportive of efforts by the Marine Fire and Safety Association [MFSA] to provide specialized firefighting training and maintain an oilspill response contingency plan for the Columbia River. The Committee encourages the Secretary to provide funding for MFSA consistent with the authorization and directs the Secretary to provide $178,000 to continue efforts by the nonprofit organization comprised of numerous fire departments on both sides of the Columbia River. The funding will be utilized to provide specialized communications, firefighting training and equipment, and to implement the oilspill response contingency plan for the Columbia River. Seasonal rescue capability. --The Committee remains concerned about maintaining critically important Coast Guard air rescue response time in the New York City area during the peak boating season. Therefore, the Committee directs the Coast Guard to establish and operate a seasonal air facility in the New York City area to provide helicopter rescue capability during the period April 15 through October 15. Container Inspection Program. --The Committee recommended funding level includes $1,191,000 for the restoration of the Container Inspection Program. The Committee rejects the request to downsize the Coast Guard container inspection work force and has provided sufficient funds to maintain the inspector work force at the fiscal year 1998 level. Testimony by the Commandant before the Committee indicates that, while the Coast Guard proposal is presented as a reduction solely to the container inspector work force, the actual effect of the reduction would be to cut personnel who are devoting a majority of their time to other critical marine safety functions at the direction of the captain of the port. As such, the proposed reduction, rather than serving to reduce only container inspections, would effectively reduce numerous other critical marine safety activities. These activities include the inspection of tankships and waterfront facilities handling crude oil, petroleum products and hazardous materials for compliance with safety and pollution prevention regulations; the inspection of foreign flag vessels under the Port State Control Program for protection of U.S. ports and harbors from the hazards posed by poorly maintained and unseaworthy vessels; the timely response to pollution incidents and oversight of pollution cleanup activities; and the performance of periodic shoreside and waterborne harbor patrols for law enforcement, port risk assessment and identification of potential safety hazards. The Committee continues to view the Container Inspection Program as a critical marine safety task and an important component of the Coast Guard's port safety mission, especially in light of the continued growth in containerized cargo entering U.S. ports. Ballast water management program .--The Committee recommended funding level includes $2,000,000 to implement the nationwide ballast water management program. USCG Station Rockaway, NY .--The Committee directs the Coast Guard to provide, on a quarterly basis, a report to the Appropriations Committees on the status of a readiness and manpower capability of the Rockaway, NY, U.S. Coast Guard Station. Secretary's discretionary transfer authority .--The bill includes language that permits the Secretary to transfer up to $60,000,000 from Federal Aviation Administration operations to Coast Guard operating expenses for the purpose of providing additional funds for drug interdiction activities. User fees .--The bill includes language that prohibits the planning, finalization, or implementation of any regulation that would promulgate new maritime user fees not specifically authorized by law after the date of enactment of this act. ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS General Trust Total Appropriations, 1998\1\ $377,850,000 $20,000,000 $397,850,000 Budget estimate, 1999\2\ 422,773,000 20,000,000 442,773,000 Committee recommendation 366,093,000 20,000,000 388,693,000 \1\Includes $9,000,000 in asset sales. \2\Includes $1,000,000 in asset sales and $35,000,000 in proposed navigation assistance fees. This appropriation provides for the major acquisition, construction, and improvement of vessels, aircraft, shore units, and aids to navigation operated and maintained by the Coast Guard. Currently, the Coast Guard has in operation approximately 250 cutters, ranging in size from 65-foot tugs to 399-foot polar icebreakers, more than 2,000 boats, and an inventory of more than 200 helicopters and fixed-wing aircraft. The Coast Guard also operates approximately 600 stations, support and supply centers, communications facilities, and other shore units. The Coast Guard provides over 48,000 navigational aids--buoys, fixed aids, lighthouses, and radio navigational stations. COMMITTEE RECOMMENDATION The following table summarizes the Committee's programmatic recommendations: [In thousands of dollars] Fiscal year 1998 enacted\1\ Fiscal year 1999 estimate\2\ Committee recommendation Vessels 212,100 269,573 215,473 Aircraft 25,800 37,131 46,131 Other equipment 44,650 33,969 35,389 Shore facilities and aids to navigation 68,300 53,650 43,250 Personnel and related support 47,000 48,450 48,450 ----------------------------- ------------------------------ -------------------------- Total 397,850 442,773 388,693 \1\Includes $9,000,000 in asset sales. \2\Includes $1,000,000 in asset sales and $35,000,000 in proposed navigation assistance fees. VESSELS The Committee recommends $215,473,000 for vessel acquisition and improvement. The projected allocation of these funds is shown in the table below: VESSELS [In thousands of dollars] Fiscal year 1999 estimate Committee recommendation Acquire vessels and equipment: 105,000 45,000 Stern loading buoy boat replacement 11,773 11,773 Survey and design--cutters and boats 500 500 Mackinaw replacement 4,000 ATS 1 conversion 10,000 14,000 Surface search radar replacement project 12,900 12,900 Deepwater capability replacement 28,000 28,000 Repair, renovate, or improve existing vessels and small boats: 3,800 3,800 --------------------------- -------------------------- Total (new program level) 269,573 215,473 Seagoing buoy tender [WLB] replacement .--The Coast Guard is in the process of replacing its 50-year-old fleet of seagoing buoy tenders with up to 16 new tenders. The request of $105,000,000 for fiscal year 1999 is to pay for the award of two ships under the full production contract, and to cover additional costs such as spare parts, logistics, and project administration. According to recent estimates, the contract for the first two production ships will be awarded no earlier than the fourth quarter of fiscal year 1998. The Committee continues to be concerned about the growing carryover balances in this program. Last year, the Committee maintained the funding in this account pursuant to the belief that the Coast Guard would be able to obligate a substantial portion of the funds. To date, that has not happened. In addition, this program is of concern to the Committee due to the increasing program administration costs, the vacillating sail-away costs, and the current unobligated balance. The Coast Guard estimates that the third and fourth vessels in the procurement cost a total of $65,000,000. The current request for two vessels under the anticipated full production procurement contract is $105,000,000. The cost escalation of this vessel procurement is of great concern to the Committee, and accordingly, the Committee recommends a reduction of $60,000,000 to the request. When combined with the unobligated balances, the program funding level should be sufficient to award a contract for two vessels at the average cost of the initial procurement assuming the cost profiles for the procurement remain stable for more than a couple of months. The Committee understands that the contract is structured for a minimum of two ships in fiscal year 1999. The Committee's intent is to provide sufficient funds for the Coast Guard to contract for the two vessels at a reasonable price and, at the same time, clear any unobligated balances associated with the program. The Coast Guard shall provide an analysis of the proposed procurement to the Committee prior to the obligation of these funds including an estimate of the cost of the complete procurement to fill the requirement for seagoing buoy tenders. Coastal buoy tender [WLM] replacement .--The Committee has provided $31,000,000 for the coastal buoy tender replacement program. This program replaces the Coast Guard's existing 133-foot and 157-foot coastal buoy tenders with 14 new ships. The Coast Guard's request of $31,000,000 for fiscal year 1999 is for economic price adjustments, change orders, logistics, and administration. All 14 ships have been ordered. Coastal patrol boat/82-foot WPB replacement .--The Committee has provided $37,600,000 for the coastal patrol boat replacement program. This program would replace the 82-foot coastal patrol boats which are over 30 years old. The $37,600,000 request for fiscal year 1999 was to procure eight new boats. The Committee had hoped to procure additional CPB's by exercising existing options to provide the Coast Guard increased flexibility in asset deployment at an earlier date than under the current procurement schedule, but budgetary constraints make that impracticable at this time. The CPB is one of the more versatile vessels in the Coast Guard inventory and should provide increased flexibility and capability as the Coast Guard transitions from the current fleet mix and recapitalizes the fleet. Stern loading buoy boat replacement project .--The Committee recommendation provides the entire Coast Guard request of $11,773,000 in fiscal year 1999 to procure eight new buoy boats. Mackinaw replacement .--The Committee recommends $4,000,000 for concept exploration to refine the specifications and costs for a heavy icebreaking replacement vessel, including a new multimission vessel, for the 53-year-old Mackinaw . While the Committee is pleased that the Coast Guard committed to the continued operation of the Mackinaw to maintain heavy icebreaking capabilities on the Great Lakes, the Committee is concerned about the long lead time projected by the Coast Guard to receive a replacement vessel when the Coast Guard has been studying this issue for a number of years, and projects that a replacement vehicle would not be available until the year 2006. The funding provided in the bill will prevent another year's delay in the acquisition process for a replacement heavy icebreaking vessel. The Committee expects the Coast Guard to issue an interim status report on the concept exploration to the Committee by January 31, 1999. ATS 1 conversion .--The Committee recommends $14,000,000 for conversion and the addition of a flight deck. Deepwater capability replacement.-- The Committee has provided $28,000,000 consistent with the budget request. The Committee is concerned with the aggressive and novel approach envisioned by the Coast Guard in the deepwater capability study and procurement and notes that the Coast Guard and the Department have a history of difficulty with large complex procurements or asset modifications. The deepwater procurement promises to be the most complex and potentially controversial of procurements that the Coast Guard has managed. Accordingly, the Committee directs the Coast Guard to report to the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee prior to the downselection concerning the anticipated number of project teams, the anticipated role of the Government team, and the anticipated schedule for final contract award. The Committee encourages the Department and the Coast Guard to structure the procurement to provide the greatest possible flexibility for the procurement, cost competitiveness, and diversity of approach for meeting the deepwater mission requirements. The Committee is concerned about the inclusion of a Presidential advisory council on Coast Guard roles and missions as part of the Deepwater capability replacement analysis justification. The justification indicated that the council would convene in early 1998, but as of June 10, 1998, the Committee had not been made aware of the formulation of such a council, much less any meetings. Before any funds are committed to initiate such a roles and mission review council, the Committee expects to be briefed on the expected composition of any such proposed council, the charter for any such council, and the anticipated timetable for completion of such a review. The Committee is concerned that too much time has elapsed in fiscal year 1998 for the initiation of such a review to have any meaningful contribution to the fiscal year 1999 appropriations process and accordingly, directs that funding for such a review council be requested in the fiscal year 2000 budget submission. Polar class icebreaker reliability improvement project [RIP]. --The Comittee recommends $4,000,000 for this project and reiterates the cost overrun and project management concerns noted in the fiscal year 1998 conference report. AIRCRAFT For aircraft procurement, the Committee recommends $46,131,000. Funds for aircraft acquisitions are distributed as follows: AIRCRAFT [In thousands of dollars] Fiscal year 1999 estimate Committee recommendation HC 130 engine upgrade 9,941 9,941 HH 65A helicopter kapton rewiring 4,500 4,500 HH 65A engine control program 9,000 Long range search aircraft capability preservation 1,590 1,590 HH 65A helicopter mission unit computer unit replacement 3,000 3,000 HC 130 aircraft sensor upgrade 11,000 11,000 HU 25 aircraft avionics improvements 3,500 3,500 HH 60J navigation upgrade 1,100 1,100 HC 130 side looking airborne radar [SLAR] 2,500 2,500 --------------------------- -------------------------- Total 37,131 46,131 HH 65A performance limitations. --The Committee understands that there are a large number of mission situations where the combination of current mission weight requirements, fuel load, temperature, altitude, and sea state must be traded off with mission range, on-station time, and shipboard operations. A full authority digital electronic control [FADEC] engine control program, currently anticipated as a life cycle cost reduction and safety initiative in fiscal year 2000, is an essential initial step to restoring power margins on the HH 65. The Committee recommends $9,000,000 to initiate the FADEC program a year early and to initiate any associated engine upgrade engineering efforts required to facilitate a cost-effective power upgrade program. The Committee further requests the Coast Guard to provide a description of the limitations and tradeoffs mentioned above, with relevant measures of how frequently power limitations restrict the HH 65 below original Coast Guard requirements and the impact of such limitations. Further, the Committee requests the Coast Guard to provide a plan to restore needed power margins while accommodating past and future weight growth over the second half of the HH 65's useful life. Please provide this report by March 1, 1999. OTHER EQUIPMENT The Committee recommends $35,389,000. The following table displays the project allocations: OTHER EQUIPMENT [In thousands of dollars] Fiscal year 1999 estimate Committee recommendation Fleet logistics system [FLS] 4,669 4,669 Ports and waterways safety system [PAWSS] 6,600 5,500 Marine information for safety and law enforcement [MISLE] 6,100 4,000 Local notices to mariners [LNM] automation 1,300 1,000 Defense message system [DMS] impementation 800 800 Communication system [COMMSYS] 2000 2,000 1,000 Differential global positioning system [DGPS] 2,600 9,520 Personnel management information system/joint uniform military pay system II 1,900 1,900 Aviation logistics management information system [ALMIS] 1,000 1,000 National distress system modernization 3,000 2,000 Commercial satellite communication upgrade